PUBLIC LAW 111–22—MAY 20, 2009 

PREVENTING MORTGAGE FORECLOSURES 

AND ENHANCING MORTGAGE CREDIT 


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123 STAT. 1632 PUBLIC LAW 111–22—MAY 20, 2009 

Public Law 111–22 

111th Congress 

An Act 

To prevent mortgage foreclosures and enhance mortgage credit availability. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

DIVISION A—PREVENTING MORTGAGE 

FORECLOSURES 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Helping 

Families Save Their Homes Act of 2009’’. 

(b) TABLE OF CONTENTS.—The table of contents of this division 

is the following: 

Sec. 1. Short title; table of contents. 

TITLE I—PREVENTION OF MORTGAGE FORECLOSURES 

Sec. 101. Guaranteed rural housing loans. 

Sec. 102. Modification of housing loans guaranteed by the Department of Veterans 

Affairs. 

Sec. 103. Additional funding for HUD programs to assist individuals to better withstand the current mortgage crisis. 

Sec. 104. Mortgage modification data collecting and reporting. 

Sec. 105. Neighborhood Stabilization Program Refinements. 

TITLE II—FORECLOSURE MITIGATION AND CREDIT AVAILABILITY 

Sec. 201. Servicer safe harbor for mortgage loan modifications. 

Sec. 202. Changes to HOPE for Homeowners Program. 

Sec. 203. Requirements for FHA-approved mortgagees. 

Sec. 204. Enhancement of liquidity and stability of insured depository institutions 

to ensure availability of credit and reduction of foreclosures. 

Sec. 205. Application of GSE conforming loan limit to mortgages assisted with 

TARP funds. 

Sec. 206. Mortgages on certain homes on leased land. 

Sec. 207. Sense of Congress regarding mortgage revenue bond purchases. 

TITLE III—MORTGAGE FRAUD TASK FORCE 

Sec. 301. Sense of the Congress on establishment of a Nationwide Mortgage Fraud 

Task Force. 

TITLE IV—FORECLOSURE MORATORIUM PROVISIONS 

Sec. 401. Sense of the Congress on foreclosures. 

Sec. 402. Public-Private Investment Program; Additional Appropriations for the 

Special Inspector General for the Troubled Asset Relief Program. 

Sec. 403. Removal of requirement to liquidate warrants under the TARP. 

Sec. 404. Notification of sale or transfer of mortgage loans. 

TITLE V—FARM LOAN RESTRUCTURING 

Sec. 501. Congressional Oversight Panel special report. 

12 USC 5201 

note. 

Helping Families 

Save Their 

Homes Act of 

2009. 

May 20, 2009 

[S. 896] 


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PUBLIC LAW 111–22—MAY 20, 2009 123 STAT. 1633 

TITLE VI—ENHANCED OVERSIGHT OF THE TROUBLED ASSET RELIEF 

PROGRAM 

Sec. 601. Enhanced oversight of the Troubled Asset Relief Program. 

TITLE VII—PROTECTING TENANTS AT FORECLOSURE ACT 

Sec. 701. Short title. 

Sec. 702. Effect of foreclosure on preexisting tenancy. 

Sec. 703. Effect of foreclosure on section 8 tenancies. 

Sec. 704. Sunset. 

TITLE VIII—COMPTROLLER GENERAL ADDITIONAL AUDIT AUTHORITIES 

Sec. 801. Comptroller General additional audit authorities. 

TITLE I—PREVENTION OF MORTGAGE 

FORECLOSURES 

SEC. 101. GUARANTEED RURAL HOUSING LOANS. 

(a) GUARANTEED RURAL HOUSING LOANS.—Section 502(h) of 

the Housing Act of 1949 (42 U.S.C. 1472(h)) is amended— 

(1) by redesignating paragraphs (13) and (14) as paragraphs 

(16) and (17), respectively; and 

(2) by inserting after paragraph (12) the following new 

paragraphs: 

‘‘(13) LOSS MITIGATION.—Upon default or imminent default 

of any mortgage guaranteed under this subsection, mortgagees 

shall engage in loss mitigation actions for the purpose of providing an alternative to foreclosure (including actions such 

as special forbearance, loan modification, pre-foreclosure sale, 

deed in lieu of foreclosure, as required, support for borrower 

housing counseling, subordinate lien resolution, and borrower 

relocation), as provided for by the Secretary. 

‘‘(14) PAYMENT OF PARTIAL CLAIMS AND MORTGAGE MODI- FICATIONS.—The Secretary may authorize the modification of 

mortgages, and establish a program for payment of a partial 

claim to a mortgagee that agrees to apply the claim amount 

to payment of a mortgage on a 1- to 4-family residence, for 

mortgages that are in default or face imminent default, as 

defined by the Secretary. Any payment under such program 

directed to the mortgagee shall be made at the sole discretion 

of the Secretary and on terms and conditions acceptable to 

the Secretary, except that— 

‘‘(A) the amount of the partial claim payment shall 

be in an amount determined by the Secretary, and shall 

not exceed an amount equivalent to 30 percent of the 

unpaid principal balance of the mortgage and any costs 

that are approved by the Secretary; 

‘‘(B) the amount of the partial claim payment shall 

be applied first to any outstanding indebtedness on the 

mortgage, including any arrearage, but may also include 

principal reduction; 

‘‘(C) the mortgagor shall agree to repay the amount 

of the partial claim to the Secretary upon terms and conditions acceptable to the Secretary; 

‘‘(D) expenses related to a partial claim or modification 

are not to be charged to the borrower; 

‘‘(E) the Secretary may authorize compensation to the 

mortgagee for lost income on monthly mortgage payments 

due to interest rate reduction; 


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123 STAT. 1634 PUBLIC LAW 111–22—MAY 20, 2009 

‘‘(F) the Secretary may reimburse the mortgagee from 

the appropriate guaranty fund in connection with any 

activities that the mortgagee is required to undertake concerning repayment by the mortgagor of the amount owed 

to the Secretary; 

‘‘(G) the Secretary may authorize payments to the 

mortgagee on behalf of the borrower, under such terms 

and conditions as are defined by the Secretary, based on 

successful performance under the terms of the mortgage 

modification, which shall be used to reduce the principal 

obligation under the modified mortgage; and 

‘‘(H) the Secretary may authorize the modification of 

mortgages with terms extended up to 40 years from the 

date of modification. 

‘‘(15) ASSIGNMENT.— 

‘‘(A) PROGRAM AUTHORITY.—The Secretary may establish a program for assignment to the Secretary, upon 

request of the mortgagee, of a mortgage on a 1- to 4- 

family residence guaranteed under this chapter. 

‘‘(B) PROGRAM REQUIREMENTS.— 

‘‘(i) IN GENERAL.—The Secretary may encourage 

loan modifications for eligible delinquent mortgages 

or mortgages facing imminent default, as defined by 

the Secretary, through the payment of the guaranty 

and assignment of the mortgage to the Secretary and 

the subsequent modification of the terms of the mortgage according to a loan modification approved under 

this section. 

‘‘(ii) ACCEPTANCE OF ASSIGNMENT.—The Secretary 

may accept assignment of a mortgage under a program 

under this subsection only if— 

‘‘(I) the mortgage is in default or facing 

imminent default; 

‘‘(II) the mortgagee has modified the mortgage 

or qualified the mortgage for modification sufficient to cure the default and provide for mortgage 

payments the mortgagor is reasonably able to pay, 

at interest rates not exceeding current market 

interest rates; and 

‘‘(III) the Secretary arranges for servicing of 

the assigned mortgage by a mortgagee (which may 

include the assigning mortgagee) through procedures that the Secretary has determined to be 

in the best interests of the appropriate guaranty 

fund. 

‘‘(C) PAYMENT OF GUARANTY.—Under the program 

under this paragraph, the Secretary may pay the guaranty 

for a mortgage, in the amount determined in accordance 

with paragraph (2), without reduction for any amounts 

modified, but only upon the assignment, transfer, and 

delivery to the Secretary of all rights, interest, claims, 

evidence, and records with respect to the mortgage, as 

defined by the Secretary. 

‘‘(D) DISPOSITION.—After modification of a mortgage 

pursuant to this paragraph, and assignment of the mortgage, the Secretary may provide guarantees under this 


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PUBLIC LAW 111–22—MAY 20, 2009 123 STAT. 1635 

subsection for the mortgage. The Secretary may subsequently— 

‘‘(i) re-assign the mortgage to the mortgagee under 

terms and conditions as are agreed to by the mortgagee 

and the Secretary; 

‘‘(ii) act as a Government National Mortgage 

Association issuer, or contract with an entity for such 

purpose, in order to pool the mortgage into a Government National Mortgage Association security; or 

‘‘(iii) re-sell the mortgage in accordance with any 

program that has been established for purchase by 

the Federal Government of mortgages insured under 

this title, and the Secretary may coordinate standards 

for interest rate reductions available for loan modification with interest rates established for such purchase. 

‘‘(E) LOAN SERVICING.—In carrying out the program 

under this subsection, the Secretary may require the 

existing servicer of a mortgage assigned to the Secretary 

under the program to continue servicing the mortgage as 

an agent of the Secretary during the period that the Secretary acquires and holds the mortgage for the purpose 

of modifying the terms of the mortgage. If the mortgage 

is resold pursuant to subparagraph (D)(iii), the Secretary 

may provide for the existing servicer to continue to service 

the mortgage or may engage another entity to service the 

mortgage.’’. 

(b) TECHNICAL AMENDMENTS.—Subsection (h) of section 502 

of the Housing Act of 1949 (42 U.S.C. 1472(h)) is amended— 

(1) in paragraph (5)(A), by striking ‘‘(as defined in paragraph (13)’’ and inserting ‘‘(as defined in paragraph (17)’’; and 

(2) in paragraph (18)(E)(as so redesignated by subsection 

(a)(2)), by— 

(A) striking ‘‘paragraphs (3), (6), (7)(A), (8), and (10)’’ 

and inserting ‘‘paragraphs (3), (6), (7)(A), (8), (10), (13), 

and (14)’’; and 

(B) striking ‘‘paragraphs (2) through (13)’’ and inserting 

‘‘paragraphs (2) through (15)’’. 

(c) PROCEDURE.— 

(1) IN GENERAL.—The promulgation of regulations necessitated and the administration actions required by the amendments made by this section shall be made without regard 

to— 

(A) the notice and comment provisions of section 553 

of title 5, United States Code; 

(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), 

relating to notices of proposed rulemaking and public 

participation in rulemaking; and 

(C) chapter 35 of title 44, United States Code (commonly known as the ‘‘Paperwork Reduction Act’’). 

(2) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In 

carrying out this section, and the amendments made by this 

section, the Secretary shall use the authority provided under 

section 808 of title 5, United States Code. 

42 USC 1472 

note. 


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123 STAT. 1636 PUBLIC LAW 111–22—MAY 20, 2009 

SEC. 102. MODIFICATION OF HOUSING LOANS GUARANTEED BY THE 

DEPARTMENT OF VETERANS AFFAIRS. 

(a) MATURITY OF HOUSING LOANS.—Section 3703(d)(1) of title 

38, United States Code, is amended by inserting ‘‘at the time 

of origination’’ after ‘‘loan’’. 

(b) IMPLEMENTATION.—The Secretary of Veterans Affairs may 

implement the amendments made by this section through notice, 

procedure notice, or administrative notice. 

SEC. 103. ADDITIONAL FUNDING FOR HUD PROGRAMS TO ASSIST 

INDIVIDUALS TO BETTER WITHSTAND THE CURRENT 

MORTGAGE CRISIS. 

(a) ADDITIONAL APPROPRIATIONS FOR ADVERTISING TO INCREASE

PUBLIC AWARENESS OF MORTGAGE SCAMS AND COUNSELING ASSISTANCE.—In addition to any amounts that may be appropriated for 

each of the fiscal years 2010 and 2011 for such purpose, there 

is authorized to be appropriated to the Secretary of Housing and 

Urban Development, to remain available until expended, 

$10,000,000 for each of the fiscal years 2010 and 2011 for purposes 

of providing additional resources to be used for advertising to raise 

awareness of mortgage fraud and to support HUD programs and 

approved counseling agencies, provided that such amounts are used 

to advertise in the 100 metropolitan statistical areas with the 

highest rate of home foreclosures, and provided, further that up 

to $5,000,000 of such amounts are used for advertisements designed 

to reach and inform broad segments of the community. 

(b) ADDITIONAL APPROPRIATIONS FOR THE HOUSING COUNSELING

ASSISTANCE PROGRAM.—In addition to any amounts that may be 

appropriated for each of the fiscal years 2010 and 2011 for such 

purpose, there is authorized to be appropriated to the Secretary 

of Housing and Urban Development, to remain available until 

expended, $50,000,000 for each of the fiscal years 2010 and 2011 

to carry out the Housing Counseling Assistance Program established 

within the Department of Housing and Urban Development, provided that such amounts are used to fund HUD-certified housingcounseling agencies located in the 100 metropolitan statistical areas 

with the highest rate of home foreclosures for the purpose of 

assisting homeowners with inquiries regarding mortgage-modification assistance and mortgage scams. 

(c) ADDITIONAL APPROPRIATIONS FOR PERSONNEL AT THE OFFICE

OF FAIR HOUSING AND EQUAL OPPORTUNITY.—In addition to any 

amounts that may be appropriated for each of the fiscal years 

2010 and 2011 for such purpose, there is authorized to be appropriated to the Secretary of Housing and Urban Development, to 

remain available until expended, $5,000,000 for each of the fiscal 

years 2010 and 2011 for purposes of hiring additional personnel 

at the Office of Fair Housing and Equal Opportunity within the 

Department of Housing and Urban Development, provided that 

such amounts are used to hire personnel at the local branches 

of such Office located in the 100 metropolitan statistical areas 

with the highest rate of home foreclosures. 

SEC. 104. MORTGAGE MODIFICATION DATA COLLECTING AND 

REPORTING. 

(a) REPORTING REQUIREMENTS.—Not later than 120 days after 

the date of the enactment of this Act, and quarterly thereafter, 

the Comptroller of the Currency and the Director of the Office 

12 USC 

1715z–25. 

38 USC 3703 

note. 


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PUBLIC LAW 111–22—MAY 20, 2009 123 STAT. 1637 

of Thrift Supervision, shall jointly submit a report to the Committee 

on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives on 

the volume of mortgage modifications reported to the Office of 

the Comptroller of the Currency and the Office of Thrift Supervision, 

under the mortgage metrics program of each such Office, during 

the previous quarter, including the following: 

(1) A copy of the data collection instrument currently used 

by the Office of the Comptroller of the Currency and the Office 

of Thrift Supervision to collect data on loan modifications. 

(2) The total number of mortgage modifications resulting 

in each of the following: 

(A) Additions of delinquent payments and fees to loan 

balances. 

(B) Interest rate reductions and freezes. 

(C) Term extensions. 

(D) Reductions of principal. 

(E) Deferrals of principal. 

(F) Combinations of modifications described in 

subparagraph (A), (B), (C), (D), or (E). 

(3) The total number of mortgage modifications in which 

the total monthly principal and interest payment resulted in 

the following: 

(A) An increase. 

(B) Remained the same. 

(C) Decreased less than 10 percent. 

(D) Decreased between 10 percent and 20 percent. 

(E) Decreased 20 percent or more. 

(4) The total number of loans that have been modified 

and then entered into default, where the loan modification 

resulted in— 

(A) higher monthly payments by the homeowner; 

(B) equivalent monthly payments by the homeowner; 

(C) lower monthly payments by the homeowner of up 

to 10 percent; 

(D) lower monthly payments by the homeowner of 

between 10 percent to 20 percent; or 

(E) lower monthly payments by the homeowner of more 

than 20 percent. 

(b) DATA COLLECTION.— 

(1) REQUIRED.— 

(A) IN GENERAL.—Not later than 60 days after the 

date of the enactment of this Act, the Comptroller of the 

Currency and the Director of the Office of Thrift Supervision, shall issue mortgage modification data collection 

and reporting requirements to institutions covered under 

the reporting requirement of the mortgage metrics program 

of the Comptroller or the Director. 

(B) INCLUSIVENESS OF COLLECTIONS.—The requirements under subparagraph (A) shall provide for the collection of all mortgage modification data needed by the Comptroller of the Currency and the Director of the Office of 

Thrift Supervision to fulfill the reporting requirements 

under subsection (a). 

(2) REPORT.—The Comptroller of the Currency shall report 

all requirements established under paragraph (1) to each committee receiving the report required under subsection (a). 


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123 STAT. 1638 PUBLIC LAW 111–22—MAY 20, 2009 

SEC. 105. NEIGHBORHOOD STABILIZATION PROGRAM REFINEMENTS. 

(a) IN GENERAL.—Section 2301(c) of the Foreclosure Prevention 

Act of 2008 (42 U.S.C. 5301 note) is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) EXCEPTION FOR CERTAIN STATES.—Each State that has 

received the minimum allocation of amounts pursuant to the 

requirement under section 2302 may, to the extent such State 

has fulfilled the requirements of paragraph (2), distribute any 

remaining amounts to areas with homeowners at risk of foreclosure or in foreclosure without regard to the percentage of 

home foreclosures in such areas.’’. 

(b) RETROACTIVE EFFECTIVE DATE.—The amendment made by 

subsection (a) shall take effect as if enacted on the date of enactment 

of the Foreclosure Prevention Act of 2008 (Public Law 110–289). 

TITLE II—FORECLOSURE MITIGATION 

AND CREDIT AVAILABILITY 

SEC. 201. SERVICER SAFE HARBOR FOR MORTGAGE LOAN MODIFICATIONS. 

(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 

(1) Increasing numbers of mortgage foreclosures are not 

only depriving many Americans of their homes, but are also 

destabilizing property values and negatively affecting State 

and local economies as well as the national economy. 

(2) In order to reduce the number of foreclosures and 

to stabilize property values, local economies, and the national 

economy, servicers must be given— 

(A) authorization to— 

(i) modify mortgage loans and engage in other 

loss mitigation activities consistent with applicable 

guidelines issued by the Secretary of the Treasury 

or his designee under the Emergency Economic Stabilization Act of 2008; and 

(ii) refinance mortgage loans under the Hope for 

Homeowners program; and 

(B) a safe harbor to enable such servicers to exercise 

these authorities. 

(b) SAFE HARBOR.—Section 129A of the Truth in Lending Act 

(15 U.S.C. 1639a) is amended to read as follows: 

‘‘SEC. 129. DUTY OF SERVICERS OF RESIDENTIAL MORTGAGES. 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

whenever a servicer of residential mortgages agrees to enter into 

a qualified loss mitigation plan with respect to 1 or more residential 

mortgages originated before the date of enactment of the Helping 

Families Save Their Homes Act of 2009, including mortgages held 

in a securitization or other investment vehicle— 

‘‘(1) to the extent that the servicer owes a duty to investors 

or other parties to maximize the net present value of such 

mortgages, the duty shall be construed to apply to all such 

investors and parties, and not to any individual party or group 

of parties; and 

Applicability. 

Plan. 

15 USC 1639a 

note. 

42 USC 5301 

note. 


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‘‘(2) the servicer shall be deemed to have satisfied the 

duty set forth in paragraph (1) if, before December 31, 2012, 

the servicer implements a qualified loss mitigation plan that 

meets the following criteria: 

‘‘(A) Default on the payment of such mortgage has 

occurred, is imminent, or is reasonably foreseeable, as such 

terms are defined by guidelines issued by the Secretary 

of the Treasury or his designee under the Emergency Economic Stabilization Act of 2008. 

‘‘(B) The mortgagor occupies the property securing the 

mortgage as his or her principal residence. 

‘‘(C) The servicer reasonably determined, consistent 

with the guidelines issued by the Secretary of the Treasury 

or his designee, that the application of such qualified loss 

mitigation plan to a mortgage or class of mortgages will 

likely provide an anticipated recovery on the outstanding 

principal mortgage debt that will exceed the anticipated 

recovery through foreclosures. 

‘‘(b) NO LIABILITY.—A servicer that is deemed to be acting 

in the best interests of all investors or other parties under this 

section shall not be liable to any party who is owed a duty under 

subsection (a)(1), and shall not be subject to any injunction, stay, 

or other equitable relief to such party, based solely upon the 

implementation by the servicer of a qualified loss mitigation plan. 

‘‘(c) STANDARD INDUSTRY PRACTICE.—The qualified loss mitigation plan guidelines issued by the Secretary of the Treasury under 

the Emergency Economic Stabilization Act of 2008 shall constitute 

standard industry practice for purposes of all Federal and State 

laws. 

‘‘(d) SCOPE OF SAFE HARBOR.—Any person, including a trustee, 

issuer, and loan originator, shall not be liable for monetary damages 

or be subject to an injunction, stay, or other equitable relief, based 

solely upon the cooperation of such person with a servicer when 

such cooperation is necessary for the servicer to implement a qualified loss mitigation plan that meets the requirements of subsection 

(a). 

‘‘(e) REPORTING.—Each servicer that engages in qualified loss 

mitigation plans under this section shall regularly report to the 

Secretary of the Treasury the extent, scope, and results of the 

servicer’s modification activities. The Secretary of the Treasury 

shall prescribe regulations or guidance specifying the form, content, 

and timing of such reports. 

‘‘(f) DEFINITIONS.—As used in this section— 

‘‘(1) the term ‘qualified loss mitigation plan’ means— 

‘‘(A) a residential loan modification, workout, or other 

loss mitigation plan, including to the extent that the Secretary of the Treasury determines appropriate, a loan sale, 

real property disposition, trial modification, pre-foreclosure 

sale, and deed in lieu of foreclosure, that is described 

or authorized in guidelines issued by the Secretary of the 

Treasury or his designee under the Emergency Economic 

Stabilization Act of 2008; and 

‘‘(B) a refinancing of a mortgage under the Hope for 

Homeowners program; 

‘‘(2) the term ‘servicer’ means the person responsible for 

the servicing for others of residential mortgage loans (including 

of a pool of residential mortgage loans); and 

Regulations. 

Deadline. 

Criteria. 


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123 STAT. 1640 PUBLIC LAW 111–22—MAY 20, 2009 

‘‘(3) the term ‘securitization vehicle’ means a trust, special 

purpose entity, or other legal structure that is used to facilitate 

the issuing of securities, participation certificates, or similar 

instruments backed by or referring to a pool of assets that 

includes residential mortgages (or instruments that are related 

to residential mortgages such as credit-linked notes). 

‘‘(g) RULE OF CONSTRUCTION.—No provision of subsection (b) 

or (d) shall be construed as affecting the liability of any servicer 

or person as described in subsection (d) for actual fraud in the 

origination or servicing of a loan or in the implementation of a 

qualified loss mitigation plan, or for the violation of a State or 

Federal law, including laws regulating the origination of mortgage 

loans, commonly referred to as predatory lending laws.’’. 

SEC. 202. CHANGES TO HOPE FOR HOMEOWNERS PROGRAM. 

(a) PROGRAM CHANGES.—Section 257 of the National Housing 

Act (12 U.S.C. 1715z–23) is amended— 

(1) in subsection (c)— 

(A) in the heading for paragraph (1), by striking ‘‘THE

BOARD’’ and inserting ‘‘SECRETARY’’; 

(B) in paragraph (1), by striking ‘‘Board’’ inserting 

‘‘Secretary, after consultation with the Board,’’; 

(C) in paragraph (1)(A), by inserting ‘‘consistent with 

section 203(b) to the maximum extent possible’’ before the 

semicolon; and 

(D) by adding after paragraph (2) the following: 

‘‘(3) DUTIES OF BOARD.—The Board shall advise the Secretary regarding the establishment and implementation of the 

HOPE for Homeowners Program.’’; 

(2) by striking ‘‘Board’’ each place such term appears in 

subsections (e), (h)(1), (h)(3), (j), (l), (n), (s)(3), and (v) and 

inserting ‘‘Secretary’’; 

(3) in subsection (e)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) BORROWER CERTIFICATION.— 

‘‘(A) NO INTENTIONAL DEFAULT OR FALSE INFORMATION.—The mortgagor shall provide a certification to the 

Secretary that the mortgagor has not intentionally 

defaulted on the existing mortgage or mortgages or any 

other substantial debt within the last 5 years and has 

not knowingly, or willfully and with actual knowledge, 

furnished material information known to be false for the 

purpose of obtaining the eligible mortgage to be insured 

and has not been convicted under Federal or State law 

for fraud during the 10-year period ending upon the insurance of the mortgage under this section. 

‘‘(B) LIABILITY FOR REPAYMENT.—The mortgagor shall 

agree in writing that the mortgagor shall be liable to repay 

to the Secretary any direct financial benefit achieved from 

the reduction of indebtedness on the existing mortgage 

or mortgages on the residence refinanced under this section 

derived from misrepresentations made by the mortgagor 

in the certifications and documentation required under this 

paragraph, subject to the discretion of the Secretary. 

‘‘(C) CURRENT BORROWER DEBT-TO-INCOME RATIO.—As 

of the date of application for a commitment to insure or 


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insurance under this section, the mortgagor shall have 

had, or thereafter is likely to have, due to the terms of 

the mortgage being reset, a ratio of mortgage debt to 

income, taking into consideration all existing mortgages 

of that mortgagor at such time, greater than 31 percent 

(or such higher amount as the Secretary determines appropriate).’’; 

(B) in paragraph (4)— 

(i) in subparagraph (A), by striking ‘‘, subject to 

standards established by the Board under subparagraph (B),’’; and 

(ii) in subparagraph (B)(i), by striking ‘‘shall’’ and 

inserting ‘‘may’’; and 

(C) in paragraph (7), by striking ‘‘; and provided that’’ 

and all that follows through ‘‘new second lien’’; 

(D) in paragraph (9)— 

(i) by striking ‘‘by procuring (A) an income tax 

return transcript of the income tax return of the mortgagor, or (B)’’ and inserting ‘‘in accordance with procedures and standards that the Secretary shall establish 

(provided that such procedures and standards are consistent with section 203(b) to the maximum extent 

possible) which may include requiring the mortgagee 

to procure’’; and 

(ii) by striking ‘‘and by any other method, in 

accordance with procedures and standards that the 

Board shall establish’’; 

(E) in paragraph (10)— 

(i) by striking ‘‘The mortgagor shall not’’ and 

inserting the following: 

‘‘(A) PROHIBITION.—The mortgagor shall not’’; and 

(ii) by adding at the end the following: 

‘‘(B) DUTY OF MORTGAGEE.—The duty of the mortgagee 

to ensure that the mortgagor is in compliance with the 

prohibition under subparagraph (A) shall be satisfied if 

the mortgagee makes a good faith effort to determine that 

the mortgagor has not been convicted under Federal or 

State law for fraud during the period described in subparagraph (A).’’; 

(F) in paragraph (11), by inserting before the period 

at the end the following: ‘‘, except that the Secretary may 

provide exceptions to such latter requirement (relating to 

present ownership interest) for any mortgagor who has 

inherited a property’’; and 

(G) by adding at the end: 

‘‘(12) BAN ON MILLIONAIRES.—The mortgagor shall not have 

a net worth, as of the date the mortgagor first applies for 

a mortgage to be insured under the Program under this section, 

that exceeds $1,000,000.’’; 

(4) in subsection (h)(2), by striking ‘‘The Board shall prohibit the Secretary from paying’’ and inserting ‘‘The Secretary 

shall not pay’’; and 

(5) in subsection (i)— 

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins 

accordingly; 


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123 STAT. 1642 PUBLIC LAW 111–22—MAY 20, 2009 

(B) in the matter preceding subparagraph (A), as 

redesignated by this paragraph, by striking ‘‘For each’’ 

and inserting the following: 

‘‘(1) PREMIUMS.—For each’’; 

(C) in subparagraph (A), as redesignated by this paragraph, by striking ‘‘equal to 3 percent’’ and inserting ‘‘not 

more than 3 percent’’; and 

(D) in subparagraph (B), as redesignated by this paragraph, by striking ‘‘equal to 1.5 percent’’ and inserting 

‘‘not more than 1.5 percent’’; 

(E) by adding at the end the following: 

‘‘(2) CONSIDERATIONS.—In setting the premium under this 

subsection, the Secretary shall consider— 

‘‘(A) the financial integrity of the HOPE for Homeowners Program; and 

‘‘(B) the purposes of the HOPE for Homeowners Program described in subsection (b).’’; 

(6) in subsection (k)— 

(A) by striking the subsection heading and inserting 

‘‘EXIT FEE’’; 

(B) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘such sale or refinancing’’ and 

inserting ‘‘the mortgage being insured under this section’’; 

and 

(C) in paragraph (2), by striking ‘‘and the mortgagor’’ 

and all that follows through the end and inserting ‘‘may, 

upon any sale or disposition of the property to which the 

mortgage relates, be entitled to up to 50 percent of appreciation, up to the appraised value of the home at the 

time when the mortgage being refinanced under this section 

was originally made. The Secretary may share any amounts 

received under this paragraph with or assign the rights 

of any amounts due to the Secretary to the holder of 

the existing senior mortgage on the eligible mortgage, the 

holder of any existing subordinate mortgage on the eligible 

mortgage, or both.’’; 

(7) in the heading for subsection (n), by striking ‘‘THE

BOARD’’ and inserting ‘‘SECRETARY’’; 

(8) in subsection (p), by striking ‘‘Under the direction of 

the Board, the’’ and inserting ‘‘The’’; 

(9) in subsection (s)— 

(A) in the first sentence of paragraph (2), by striking 

‘‘Board of Directors of’’ and inserting ‘‘Advisory Board for’’; 

and 

(B) in paragraph (3)(A)(ii), by striking ‘‘subsection 

(e)(1)(B) and such other’’ and inserting ‘‘such’’; 

(10) in subsection (v), by inserting after the period at 

the end the following: ‘‘The Secretary shall conform documents, 

forms, and procedures for mortgages insured under this section 

to those in place for mortgages insured under section 203(b) 

to the maximum extent possible consistent with the requirements of this section.’’; and 

(11) by adding at the end the following new subsections: 

‘‘(x) PAYMENTS TO SERVICERS AND ORIGINATORS.—The Secretary 

may establish a payment to the— 


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‘‘(1) servicer of the existing senior mortgage or existing 

subordinate mortgage for every loan insured under the HOPE 

for Homeowners Program; and 

‘‘(2) originator of each new loan insured under the HOPE 

for Homeowners Program. 

‘‘(y) AUCTIONS.—The Secretary, with the concurrence of the 

Board, shall, if feasible, establish a structure and organize procedures for an auction to refinance eligible mortgages on a wholesale 

or bulk basis.’’. 

(b) REDUCING TARP FUNDS TO OFFSET COSTS OF PROGRAM

CHANGES.—Paragraph (3) of section 115(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5225) is amended by 

inserting ‘‘, as such amount is reduced by $1,244,000,000,’’ after 

‘‘$700,000,000,000’’. 

(c) TECHNICAL CORRECTION.—The second section 257 of the 

National Housing Act (Public Law 110–289; 122 Stat. 2839; 12 

U.S.C. 1715z–24) is amended by striking the section heading and 

inserting the following: 

‘‘SEC. 258. PILOT PROGRAM FOR AUTOMATED PROCESS FOR BORROWERS WITHOUT SUFFICIENT CREDIT HISTORY.’’. 

SEC. 203. REQUIREMENTS FOR FHA-APPROVED MORTGAGEES. 

(a) MORTGAGEE REVIEW BOARD.— 

(1) IN GENERAL.—Section 202(c)(2) of the National Housing 

Act (12 U.S.C. 1708(c)) is amended— 

(A) in subparagraph (E), by inserting ‘‘and’’ after the 

semicolon; 

(B) in subparagraph (F), by striking ‘‘; and’’ and 

inserting ‘‘or their designees.’’; and 

(C) by striking subparagraph (G). 

(2) PROHIBITION AGAINST LIMITATIONS ON MORTGAGEE

REVIEW BOARD’S POWER TO TAKE ACTION AGAINST MORTGAGEES.—Section 202(c) of the National Housing Act (12 U.S.C. 

1708(c)) is amended by adding at the end the following new 

paragraph: 

‘‘(9) PROHIBITION AGAINST LIMITATIONS ON MORTGAGEE

REVIEW BOARD’S POWER TO TAKE ACTION AGAINST MORTGAGEES.—No State or local law, and no Federal law (except a 

Federal law enacted expressly in limitation of this subsection 

after the effective date of this sentence), shall preclude or 

limit the exercise by the Board of its power to take any action 

authorized under paragraphs (3) and (6) of this subsection 

against any mortgagee.’’. 

(b) LIMITATIONS ON PARTICIPATION AND MORTGAGEE APPROVAL

AND USE OF NAME.—Section 202 of the National Housing Act (12 

U.S.C. 1708) is amended— 

(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; 

(2) by inserting after subsection (c) the following new subsection: 

‘‘(d) LIMITATIONS ON PARTICIPATION IN ORIGINATION AND MORT- GAGEE APPROVAL.— 

‘‘(1) REQUIREMENT.—Any person or entity that is not 

approved by the Secretary to serve as a mortgagee, as such 

term is defined in subsection (c)(7), shall not participate in 

the origination of an FHA-insured loan except as authorized 

by the Secretary. 

Procedures. 


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‘‘(2) ELIGIBILITY FOR APPROVAL.—In order to be eligible 

for approval by the Secretary, an applicant mortgagee shall 

not be, and shall not have any officer, partner, director, principal, manager, supervisor, loan processor, loan underwriter, 

or loan originator of the applicant mortgagee who is— 

‘‘(A) currently suspended, debarred, under a limited 

denial of participation (LDP), or otherwise restricted under 

part 25 of title 24 of the Code of Federal Regulations, 

2 Code of Federal Regulations, part 180 as implemented 

by part 2424, or any successor regulations to such parts, 

or under similar provisions of any other Federal agency; 

‘‘(B) under indictment for, or has been convicted of, 

an offense that reflects adversely upon the applicant’s 

integrity, competence or fitness to meet the responsibilities 

of an approved mortgagee; 

‘‘(C) subject to unresolved findings contained in a 

Department of Housing and Urban Development or other 

governmental audit, investigation, or review; 

‘‘(D) engaged in business practices that do not conform 

to generally accepted practices of prudent mortgagees or 

that demonstrate irresponsibility; 

‘‘(E) convicted of, or who has pled guilty or nolo 

contendre to, a felony related to participation in the real 

estate or mortgage loan industry— 

‘‘(i) during the 7-year period preceding the date 

of the application for licensing and registration; or 

‘‘(ii) at any time preceding such date of application, 

if such felony involved an act of fraud, dishonesty, 

or a breach of trust, or money laundering; 

‘‘(F) in violation of provisions of the S.A.F.E. Mortgage 

Licensing Act of 2008 (12 U.S.C. 5101 et seq.) or any 

applicable provision of State law; or 

‘‘(G) in violation of any other requirement as established by the Secretary. 

‘‘(3) RULEMAKING AND IMPLEMENTATION.—The Secretary 

shall conduct a rulemaking to carry out this subsection. The 

Secretary shall implement this subsection not later than the 

expiration of the 60-day period beginning upon the date of 

the enactment of this subsection by notice, mortgagee letter, 

or interim final regulations, which shall take effect upon 

issuance.’’; and 

(3) by adding at the end the following new subsection: 

‘‘(h) USE OF NAME.—The Secretary shall, by regulation, require 

each mortgagee approved by the Secretary for participation in the 

FHA mortgage insurance programs of the Secretary— 

‘‘(1) to use the business name of the mortgagee that is 

registered with the Secretary in connection with such approval 

in all advertisements and promotional materials, as such terms 

are defined by the Secretary, relating to the business of such 

mortgagee in such mortgage insurance programs; and 

‘‘(2) to maintain copies of all such advertisements and 

promotional materials, in such form and for such period as 

the Secretary requires.’’. 

(c) PAYMENT FOR LOSS MITIGATION.—Section 204(a)(2) of the 

National Housing Act (12 U.S.C. 1710(a)(2)) is amended— 

(1) by inserting ‘‘or faces imminent default, as defined 

by the Secretary’’ after ‘‘default’’; 

Records. 

Regulations. 

Deadline. 

Notice. 

Effective date. 


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(2) by inserting ‘‘support for borrower housing counseling, 

partial claims, borrower incentives, preforeclosure sale,’’ after 

‘‘loan modification,’’; and 

(3) by striking ‘‘204(a)(1)(A)’’ and inserting ‘‘subsection 

(a)(1)(A) or section 230(c)’’. 

(d) PAYMENT OF FHA MORTGAGE INSURANCE BENEFITS.— (1) ADDITIONAL LOSS MITIGATION ACTIONS.—Section 230(a) 

of the National Housing Act (12 U.S.C. 1715u(a)) is amended— 

(A) by inserting ‘‘or imminent default, as defined by 

the Secretary’’ after ‘‘default’’; 

(B) by striking ‘‘loss’’ and inserting ‘‘loan’’; 

(C) by inserting ‘‘preforeclosure sale, support for borrower housing counseling, subordinate lien resolution, borrower incentives,’’ after ‘‘loan modification,’’; 

(D) by inserting ‘‘as required,’’ after ‘‘deeds in lieu 

of foreclosure,’’; and 

(E) by inserting ‘‘or section 230(c),’’ before ‘‘as provided’’. 

(2) AMENDMENT TO PARTIAL CLAIM AUTHORITY.—Section 

230(b) of the National Housing Act (12 U.S.C. 1715u(b)) is 

amended to read as follows: 

‘‘(b) PAYMENT OF PARTIAL CLAIM.— 

‘‘(1) ESTABLISHMENT OF PROGRAM.—The Secretary may 

establish a program for payment of a partial claim to a mortgagee that agrees to apply the claim amount to payment of 

a mortgage on a 1- to 4-family residence that is in default 

or faces imminent default, as defined by the Secretary. 

‘‘(2) PAYMENTS AND EXCEPTIONS.—Any payment of a partial 

claim under the program established in paragraph (1) to a 

mortgagee shall be made in the sole discretion of the Secretary 

and on terms and conditions acceptable to the Secretary, except 

that— 

‘‘(A) the amount of the payment shall be in an amount 

determined by the Secretary, not to exceed an amount 

equivalent to 30 percent of the unpaid principal balance 

of the mortgage and any costs that are approved by the 

Secretary; 

‘‘(B) the amount of the partial claim payment shall 

first be applied to any arrearage on the mortgage, and 

may also be applied to achieve principal reduction; 

‘‘(C) the mortgagor shall agree to repay the amount 

of the insurance claim to the Secretary upon terms and 

conditions acceptable to the Secretary; 

‘‘(D) the Secretary may permit compensation to the 

mortgagee for lost income on monthly payments, due to 

a reduction in the interest rate charged on the mortgage; 

‘‘(E) expenses related to the partial claim or modification may not be charged to the borrower; 

‘‘(F) loans may be modified to extend the term of the 

mortgage to a maximum of 40 years from the date of 

the modification; and 

‘‘(G) the Secretary may permit incentive payments to 

the mortgagee, on the borrower’s behalf, based on successful performance of a modified mortgage, which shall be 

used to reduce the amount of principal indebtedness. 

‘‘(3) PAYMENTS IN CONNECTION WITH CERTAIN ACTIVITIES.— The Secretary may pay the mortgagee, from the appropriate 


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insurance fund, in connection with any activities that the mortgagee is required to undertake concerning repayment by the 

mortgagor of the amount owed to the Secretary.’’. 

(3) ASSIGNMENT.—Section 230(c) of the National Housing 

Act (12 U.S.C. 1715u(c)) is amended— 

(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

(B) by redesignating paragraphs (1), (2), and (3) as 

subparagraphs (A), (B), and (C), respectively; 

(C) in paragraph (1)(B) (as so redesignated)— 

(i) by redesignating subparagraphs (A), (B), and 

(C) as clauses (i), (ii), and (iii), respectively; 

(ii) in the matter preceding clause (i) (as so redesignated), by striking ‘‘under a program under this subsection’’ and inserting ‘‘under this paragraph’’; and 

(iii) in clause (i) (as so redesignated), by inserting 

‘‘or facing imminent default, as defined by the Secretary’’ after ‘‘default’’; 

(D) in paragraph (1)(C) (as so redesignated), by striking 

‘‘under a program under this subsection’’ and inserting 

‘‘under this paragraph’’; and 

(E) by adding at the end the following: 

‘‘(2) ASSIGNMENT AND LOAN MODIFICATION.— 

‘‘(A) AUTHORITY.—The Secretary may encourage loan 

modifications for eligible delinquent mortgages or mortgages facing imminent default, as defined by the Secretary, 

through the payment of insurance benefits and assignment 

of the mortgage to the Secretary and the subsequent modification of the terms of the mortgage according to a loan 

modification approved by the mortgagee. 

‘‘(B) PAYMENT OF BENEFITS AND ASSIGNMENT.—In carrying out this paragraph, the Secretary may pay insurance 

benefits for a mortgage, in the amount determined in 

accordance with section 204(a)(5), without reduction for 

any amounts modified, but only upon the assignment, 

transfer, and delivery to the Secretary of all rights, interest, 

claims, evidence, and records with respect to the mortgage 

specified in clauses (i) through (iv) of section 204(a)(1)(A). 

‘‘(C) DISPOSITION.—After modification of a mortgage 

pursuant to this paragraph, the Secretary may provide 

insurance under this title for the mortgage. The Secretary 

may subsequently— 

‘‘(i) re-assign the mortgage to the mortgagee under 

terms and conditions as are agreed to by the mortgagee 

and the Secretary; 

‘‘(ii) act as a Government National Mortgage 

Association issuer, or contract with an entity for such 

purpose, in order to pool the mortgage into a Government National Mortgage Association security; or 

‘‘(iii) re-sell the mortgage in accordance with any 

program that has been established for purchase by 

the Federal Government of mortgages insured under 

this title, and the Secretary may coordinate standards 

for interest rate reductions available for loan modification with interest rates established for such purchase. 

‘‘(D) LOAN SERVICING.—In carrying out this paragraph, 

the Secretary may require the existing servicer of a mortgage assigned to the Secretary to continue servicing the 


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mortgage as an agent of the Secretary during the period 

that the Secretary acquires and holds the mortgage for 

the purpose of modifying the terms of the mortgage, provided that the Secretary compensates the existing servicer 

appropriately, as such compensation is determined by the 

Secretary consistent, to the maximum extent possible, with 

section 203(b). If the mortgage is resold pursuant to 

subparagraph (C)(iii), the Secretary may provide for the 

existing servicer to continue to service the mortgage or 

may engage another entity to service the mortgage.’’. 

(4) IMPLEMENTATION.—The Secretary of Housing and 

Urban Development may implement the amendments made 

by this subsection through notice or mortgagee letter. 

(e) CHANGE OF STATUS.—The National Housing Act is amended 

by striking section 532 (12 U.S.C. 1735f–10) and inserting the 

following new section: 

‘‘SEC. 532. CHANGE OF MORTGAGEE STATUS. 

‘‘(a) NOTIFICATION.—Upon the occurrence of any action 

described in subsection (b), an approved mortgagee shall immediately submit to the Secretary, in writing, notification of such 

occurrence. 

‘‘(b) ACTIONS.—The actions described in this subsection are 

as follows: 

‘‘(1) The debarment, suspension or a Limited Denial of 

Participation (LDP), or application of other sanctions, other 

exclusions, fines, or penalties applied to the mortgagee or to 

any officer, partner, director, principal, manager, supervisor, 

loan processor, loan underwriter, or loan originator of the mortgagee pursuant to applicable provisions of State or Federal 

law. 

‘‘(2) The revocation of a State-issued mortgage loan originator license issued pursuant to the S.A.F.E. Mortgage 

Licensing Act of 2008 (12 U.S.C. 5101 et seq.) or any other 

similar declaration of ineligibility pursuant to State law.’’. 

(f) CIVIL MONEY PENALTIES.—Section 536 of the National 

Housing Act (12 U.S.C. 1735f–14) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘or any of its owners, officers, or directors’’ 

after ‘‘mortgagee or lender’’; 

(ii) in subparagraph (H), by striking ‘‘title I’’ and 

all that follows through ‘‘under this Act.’’ and inserting 

‘‘title I or II of this Act, or any implementing regulation, handbook, or mortgagee letter that is issued under 

this Act.’’; and 

(iii) by inserting after subparagraph (J) the following: 

‘‘(K) Violation of section 202(d) of this Act (12 U.S.C. 

1708(d)). 

‘‘(L) Use of ‘Federal Housing Administration’, ‘Department of Housing and Urban Development’, ‘Government 

National Mortgage Association’, ‘Ginnie Mae’, the acronyms 

‘HUD’, ‘FHA’, or ‘GNMA’, or any official seal or logo of 

the Department of Housing and Urban Development, except 

as authorized by the Secretary.’’; 

12 USC 1715u 

note. 


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(B) in paragraph (2)— 

(i) in subparagraph (B), by striking ‘‘or’’ at the 

end; 

(ii) in subparagraph (C), by striking the period 

at the end and inserting ‘‘; or’’; and 

(iii) by adding at the end the following new 

subparagraph: 

‘‘(D) causing or participating in any of the violations 

set forth in paragraph (1) of this subsection.’’; and 

(C) by amending paragraph (3) to read as follows: 

‘‘(3) PROHIBITION AGAINST MISLEADING USE OF FEDERAL

ENTITY DESIGNATION.—The Secretary may impose a civil money 

penalty, as adjusted from time to time, under subsection (a) 

for any use of ‘Federal Housing Administration’, ‘Department 

of Housing and Urban Development’, ‘Government National 

Mortgage Association’, ‘Ginnie Mae’, the acronyms ‘HUD’, 

‘FHA’, or ‘GNMA’, or any official seal or logo of the Department 

of Housing and Urban Development, by any person, party, 

company, firm, partnership, or business, including sellers of 

real estate, closing agents, title companies, real estate agents, 

mortgage brokers, appraisers, loan correspondents, and dealers, 

except as authorized by the Secretary.’’; and 

(2) in subsection (g), by striking ‘‘The term’’ and all that 

follows through the end of the sentence and inserting ‘‘For 

purposes of this section, a person acts knowingly when a person 

has actual knowledge of acts or should have known of the 

acts.’’. 

(g) EXPANDED REVIEW OF FHA MORTGAGEE APPLICANTS AND

NEWLY APPROVED MORTGAGEES.—Not later than the expiration of 

the 3-month period beginning upon the date of the enactment 

of this Act, the Secretary of Housing and Urban Development 

shall— 

(1) expand the existing process for reviewing new 

applicants for approval for participation in the mortgage insurance programs of the Secretary for mortgages on 1- to 4-family 

residences for the purpose of identifying applicants who represent a high risk to the Mutual Mortgage Insurance Fund; 

and 

(2) implement procedures that, for mortgagees approved 

during the 12-month period ending upon such date of enactment— 

(A) expand the number of mortgages originated by 

such mortgagees that are reviewed for compliance with 

applicable laws, regulations, and policies; and 

(B) include a process for random reviews of such mortgagees and a process for reviews that is based on volume 

of mortgages originated by such mortgagees. 

SEC. 204. ENHANCEMENT OF LIQUIDITY AND STABILITY OF INSURED 

DEPOSITORY INSTITUTIONS TO ENSURE AVAILABILITY OF 

CREDIT AND REDUCTION OF FORECLOSURES. 

(a) TEMPORARY INCREASE IN DEPOSIT INSURANCE EXTENDED.— 

Section 136 of the Emergency Economic Stabilization Act of 2008 

(12 U.S.C. 5241) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘December 31, 2009’’ 

and inserting ‘‘December 31, 2013’’; 

Procedures. 

12 USC 1708 

note. 

Deadline. 


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(B) by striking paragraph (2); 

(C) by redesignating paragraph (3) as paragraph (2); 

and 

(D) in paragraph (2), as so redesignated, by striking 

‘‘December 31, 2009’’ and inserting ‘‘December 31, 2013’’; 

and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘December 31, 2009’’ 

and inserting ‘‘December 31, 2013’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraph (3) as paragraph (2); 

and 

(D) in paragraph (2), as so redesignated, by striking 

‘‘December 31, 2009’’ and inserting ‘‘December 31, 2013’’; 

and 

(b) EXTENSION OF RESTORATION PLAN PERIOD.—Section 

7(b)(3)(E)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 

1817(b)(3)(E)(ii)) is amended by striking ‘‘5-year period’’ and 

inserting ‘‘8-year period’’. 

(c) FDIC AND NCUA BORROWING AUTHORITY.— 

(1) FDIC.—Section 14(a) of the Federal Deposit Insurance 

Act (12 U.S.C. 1824(a)) is amended— 

(A) by striking ‘‘$30,000,000,000’’ and inserting 

‘‘$100,000,000,000’’; 

(B) by striking ‘‘The Corporation is authorized’’ and 

inserting the following: 

‘‘(1) IN GENERAL.—The Corporation is authorized’’; 

(C) by striking ‘‘There are hereby’’ and inserting the 

following: 

‘‘(2) FUNDING.—There are hereby’’; and 

(D) by adding at the end the following: 

‘‘(3) TEMPORARY INCREASES AUTHORIZED.— 

‘‘(A) RECOMMENDATIONS FOR INCREASE.—During the 

period beginning on the date of enactment of this paragraph 

and ending on December 31, 2010, if, upon the written 

recommendation of the Board of Directors (upon a vote 

of not less than two-thirds of the members of the Board 

of Directors) and the Board of Governors of the Federal 

Reserve System (upon a vote of not less than two-thirds 

of the members of such Board), the Secretary of the 

Treasury (in consultation with the President) determines 

that additional amounts above the $100,000,000,000 

amount specified in paragraph (1) are necessary, such 

amount shall be increased to the amount so determined 

to be necessary, not to exceed $500,000,000,000. 

‘‘(B) REPORT REQUIRED.—If the borrowing authority of 

the Corporation is increased above $100,000,000,000 pursuant to subparagraph (A), the Corporation shall promptly 

submit a report to the Committee on Banking, Housing, 

and Urban Affairs of the Senate and the Committee on 

Financial Services of the House of Representatives 

describing the reasons and need for the additional borrowing authority and its intended uses. 

‘‘(C) RESTRICTION ON USAGE.—The Corporation may 

not borrow pursuant to subparagraph (A) to fund obligations of the Corporation incurred as a part of a program 

established by the Secretary of the Treasury pursuant to 

Time period. 


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the Emergency Economic Stabilization Act of 2008 to purchase or guarantee assets.’’. 

(2) NCUA.—Section 203(d)(1) of the Federal Credit Union 

Act (12 U.S.C. 1783(d)(1)) is amended to read as follows: 

‘‘(1) If, in the judgment of the Board, a loan to the insurance 

fund, or to the stabilization fund described in section 217 of 

this title, is required at any time for purposes of this subchapter, the Secretary of the Treasury shall make the loan, 

but loans under this paragraph shall not exceed in the aggregate $6,000,000,000 outstanding at any one time. Except as 

otherwise provided in this subsection, section 217, and in subsection (e) of this section, each loan under this paragraph 

shall be made on such terms as may be fixed by agreement 

between the Board and the Secretary of the Treasury.’’. 

(3) TEMPORARY INCREASES OF BORROWING AUTHORITY FOR

NCUA.—Section 203(d) of the Federal Credit Union Act (12 

U.S.C. 1783(d)) is amended by adding at the end the following: 

‘‘(4) TEMPORARY INCREASES AUTHORIZED.— 

‘‘(A) RECOMMENDATIONS FOR INCREASE.—During the 

period beginning on the date of enactment of this paragraph 

and ending on December 31, 2010, if, upon the written 

recommendation of the Board (upon a vote of not less 

than two-thirds of the members of the Board) and the 

Board of Governors of the Federal Reserve System (upon 

a vote of not less than two-thirds of the members of such 

Board), the Secretary of the Treasury (in consultation with 

the President) determines that additional amounts above 

the $6,000,000,000 amount specified in paragraph (1) are 

necessary, such amount shall be increased to the amount 

so determined to be necessary, not to exceed 

$30,000,000,000. 

‘‘(B) REPORT REQUIRED.—If the borrowing authority of 

the Board is increased above $6,000,000,000 pursuant to 

subparagraph (A), the Board shall promptly submit a report 

to the Committee on Banking, Housing, and Urban Affairs 

of the Senate and the Committee on Financial Services 

of the House of Representatives describing the reasons 

and need for the additional borrowing authority and its 

intended uses.’’. 

(d) EXPANDING SYSTEMIC RISK SPECIAL ASSESSMENTS.—Section 

13(c)(4)(G)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 

1823(c)(4)(G)(ii)) is amended to read as follows: 

‘‘(ii) REPAYMENT OF LOSS.— 

‘‘(I) IN GENERAL.—The Corporation shall 

recover the loss to the Deposit Insurance Fund 

arising from any action taken or assistance provided with respect to an insured depository institution under clause (i) from 1 or more special assessments on insured depository institutions, depository institution holding companies (with the 

concurrence of the Secretary of the Treasury with 

respect to holding companies), or both, as the Corporation determines to be appropriate. 

‘‘(II) TREATMENT OF DEPOSITORY INSTITUTION

HOLDING COMPANIES.—For purposes of this clause, 

sections 7(c)(2) and 18(h) shall apply to depository 

Applicability. 

Time period. 

Loans. 


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institution holding companies as if they were 

insured depository institutions. 

‘‘(III) REGULATIONS.—The Corporation shall 

prescribe such regulations as it deems necessary 

to implement this clause. In prescribing such regulations, defining terms, and setting the appropriate 

assessment rate or rates, the Corporation shall 

establish rates sufficient to cover the losses 

incurred as a result of the actions of the Corporation under clause (i) and shall consider: the types 

of entities that benefit from any action taken or 

assistance provided under this subparagraph; economic conditions, the effects on the industry, and 

such other factors as the Corporation deems appropriate and relevant to the action taken or the 

assistance provided. Any funds so collected that 

exceed actual losses shall be placed in the Deposit 

Insurance Fund.’’. 

(e) ESTABLISHMENT OF A NATIONAL CREDIT UNION SHARE INSURANCE FUND RESTORATION PLAN PERIOD.—Section 202(c)(2) of the 

Federal Credit Union Act (12 U.S.C. 1782(c)(2)) is amended by 

adding at the end the following new subparagraph: 

‘‘(D) FUND RESTORATION PLANS.— 

‘‘(i) IN GENERAL.—Whenever— 

‘‘(I) the Board projects that the equity ratio 

of the Fund will, within 6 months of such determination, fall below the minimum amount specified in subparagraph (C); or 

‘‘(II) the equity ratio of the Fund actually falls 

below the minimum amount specified in subparagraph (C) without any determination under subclause (I) having been made, 

the Board shall establish and implement a restoration 

plan within 90 days that meets the requirements of 

clause (ii) and such other conditions as the Board 

determines to be appropriate. 

‘‘(ii) REQUIREMENTS OF RESTORATION PLAN.—A restoration plan meets the requirements of this clause 

if the plan provides that the equity ratio of the Fund 

will meet or exceed the minimum amount specified 

in subparagraph (C) before the end of the 8-year period 

beginning upon the implementation of the plan (or 

such longer period as the Board may determine to 

be necessary due to extraordinary circumstances). 

‘‘(iii) TRANSPARENCY.—Not more than 30 days after 

the Board establishes and implements a restoration 

plan under clause (i), the Board shall publish in the 

Federal Register a detailed analysis of the factors 

considered and the basis for the actions taken with 

regard to the plan.’’. 

(f) TEMPORARY CORPORATE CREDIT UNION STABILIZATION

FUND.— 

(1) ESTABLISHMENT OF STABILIZATION FUND.—Title II of 

the Federal Credit Union Act (12 U.S.C. 1781 et seq.) is 

amended by adding at the end the following new section: 

Federal Register, 

publication. 

Deadline. 

Deadline. 


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‘‘SEC. 217. TEMPORARY CORPORATE CREDIT UNION STABILIZATION 

FUND. 

‘‘(a) ESTABLISHMENT OF STABILIZATION FUND.—There is hereby 

created in the Treasury of the United States a fund to be known 

as the ‘Temporary Corporate Credit Union Stabilization Fund.’ The 

Board will administer the Stabilization Fund as prescribed by section 209. 

‘‘(b) EXPENDITURES FROM STABILIZATION FUND.—Money in the 

Stabilization Fund shall be available upon requisition by the Board, 

without fiscal year limitation, for making payments for the purposes 

described in section 203(a), subject to the following additional 

limitations: 

‘‘(1) All payments other than administrative payments shall 

be connected to the conservatorship, liquidation, or threatened 

conservatorship or liquidation, of a corporate credit union. 

‘‘(2) Prior to authorizing each payment the Board shall— 

‘‘(A) certify that, absent the existence of the Stabilization Fund, the Board would have made the identical payment out of the National Credit Union Share Insurance 

Fund (Insurance Fund); and 

‘‘(B) report each such certification to the Committee 

on Banking, Housing, and Urban Affairs of the Senate 

and the Committee on Financial Services of the House 

of Representatives. 

‘‘(c) AUTHORITY TO BORROW.— 

‘‘(1) IN GENERAL.—The Stabilization Fund is authorized 

to borrow from the Secretary of the Treasury from time-totime as deemed necessary by the Board. The maximum outstanding amount of all borrowings from the Treasury by the 

Stabilization Fund and the National Credit Union Share Insurance Fund, combined, is limited to the amount provided for 

in section 203(d)(1), including any authorized increases in that 

amount. 

‘‘(2) REPAYMENT OF ADVANCES.— 

‘‘(A) IN GENERAL.—The advances made under this section shall be repaid by the Stabilization Fund, and interest 

on such advance shall be paid, to the General fund of 

the Treasury. 

‘‘(B) VARIABLE RATE OF INTEREST.—The Secretary of 

the Treasury shall make the first rate determination at 

the time of the first advance under this section and shall 

reset the rate again for all advances on each anniversary 

of the first advance. The interest rate shall be equal to 

the average market yield on outstanding marketable obligations of the United States with remaining periods to maturity equal to 12 months. 

‘‘(3) REPAYMENT SCHEDULE.—The Stabilization Fund shall 

repay the advances on a first-in, first-out basis, with interest 

on the amount repaid, at times and dates determined by the 

Board at its discretion. All advances shall be repaid not later 

than the date of the seventh anniversary of the first advance 

to the Stabilization Fund, unless the Board extends this final 

repayment date. The Board shall obtain the concurrence of 

the Secretary of the Treasury on any proposed extension, 

including the terms and conditions of the extended repayment. 

‘‘(d) ASSESSMENT TO REPAY ADVANCES.—At least 90 days prior 

to each repayment described in subsection (c)(3), the Board shall 

Deadlines. 

Deadline. 

Reports. 

Certification. 

12 USC 1790e. 


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set the amount of the upcoming repayment and determine if the 

Stabilization Fund will have sufficient funds to make the repayment. If the Stabilization Fund might not have sufficient funds 

to make the repayment, the Board shall assess each federally 

insured credit union a special premium due and payable within 

60 days in an aggregate amount calculated to ensure the Stabilization Fund is able to make the repayment. The premium charge 

for each credit union shall be stated as a percentage of its insured 

shares as represented on the credit union’s previous call report. 

The percentage shall be identical for each credit union. Any credit 

union that fails to make timely payment of the special premium 

is subject to the procedures and penalties described under subsections (d), (e), and (f) of section 202. 

‘‘(e) DISTRIBUTIONS FROM INSURANCE FUND.—At the end of 

any calendar year in which the Stabilization Fund has an outstanding advance from the Treasury, the Insurance Fund is prohibited from making the distribution to insured credit unions described 

in section 202(c)(3). In lieu of the distribution described in that 

section, the Insurance Fund shall make a distribution to the Stabilization Fund of the maximum amount possible that does not 

reduce the Insurance Fund’s equity ratio below the normal operating level and does not reduce the Insurance Fund’s available 

assets ratio below 1.0 percent. 

‘‘(f) INVESTMENT OF STABILIZATION FUND ASSETS.—The Board 

may request the Secretary of the Treasury to invest such portion 

of the Stabilization Fund as is not, in the Board’s judgment, 

required to meet the current needs of the Stabilization Fund. Such 

investments shall be made by the Secretary of the Treasury in 

public debt securities, with maturities suitable to the needs of 

the Stabilization Fund, as determined by the Board, and bearing 

interest at a rate determined by the Secretary of the Treasury, 

taking into consideration current market yields on outstanding 

marketable obligations of the United States of comparable maturity. 

‘‘(g) REPORTS.—The Board shall submit an annual report to 

Congress on the financial condition and the results of the operation 

of the Stabilization Fund. The report is due to Congress within 

30 days after each anniversary of the first advance made under 

subsection (c)(1). Because the Fund will use advances from the 

Treasury to meet corporate stabilization costs with full repayment 

of borrowings to Treasury at the Board’s discretion not due until 

7 years from the initial advance, to the extent operating expenses 

of the Fund exceed income, the financial condition of the Fund 

may reflect a deficit. With planned and required future repayments, 

the Board shall resolve all deficits prior to termination of the 

Fund. 

‘‘(h) CLOSING OF STABILIZATION FUND.—Within 90 days following the seventh anniversary of the initial Stabilization Fund 

advance, or earlier at the Board’s discretion, the Board shall distribute any funds, property, or other assets remaining in the Stabilization Fund to the Insurance Fund and shall close the Stabilization Fund. If the Board extends the final repayment date as permitted under subsection (c)(3), the mandatory date for closing the 

Stabilization Fund shall be extended by the same number of days.’’. 

(2) CONFORMING AMENDMENT.—Section 202(c)(3)(A) of the 

Federal Credit Union Act (12 U.S.C. 1782(c)(3)(A)) is amended 

by inserting ‘‘, subject to the requirements of section 217(e),’’ 

after ‘‘The Board shall’’. 

Extension. 

Deadline. 


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SEC. 205. APPLICATION OF GSE CONFORMING LOAN LIMIT TO MORTGAGES ASSISTED WITH TARP FUNDS. 

In making any assistance available to prevent and mitigate 

foreclosures on residential properties, including any assistance for 

mortgage modifications, using any amounts made available to the 

Secretary of the Treasury under title I of the Emergency Economic 

Stabilization Act of 2008, the Secretary shall provide that the 

limitation on the maximum original principal obligation of a mortgage that may be modified, refinanced, made, guaranteed, insured, 

or otherwise assisted, using such amounts shall not be less than 

the dollar amount limitation on the maximum original principal 

obligation of a mortgage that may be purchased by the Federal 

Home Loan Mortgage Corporation that is in effect, at the time 

that the mortgage is modified, refinanced, made, guaranteed, 

insured, or otherwise assisted using such amounts, for the area 

in which the property involved in the transaction is located. 

SEC. 206. MORTGAGES ON CERTAIN HOMES ON LEASED LAND. 

Section 255(b)(4) of the National Housing Act (12 U.S.C. 1715z– 

20(b)(4)) is amended by striking subparagraph (B) and inserting: 

‘‘(B) under a lease that has a term that ends no earlier 

than the minimum number of years, as specified by the 

Secretary, beyond the actuarial life expectancy of the mortgagor or comortgagor, whichever is the later date.’’. 

SEC. 207. SENSE OF CONGRESS REGARDING MORTGAGE REVENUE 

BOND PURCHASES. 

It is the sense of the Congress that the Secretary of the 

Treasury should use amounts made available in this Act to purchase 

mortgage revenue bonds for single-family housing issued through 

State housing finance agencies and through units of local government and agencies thereof. 

TITLE III—MORTGAGE FRAUD TASK 

FORCE 

SEC. 301. SENSE OF CONGRESS ON ESTABLISHMENT OF A NATIONWIDE 

MORTGAGE FRAUD TASK FORCE. 

(a) IN GENERAL.—It is the sense of the Congress that the 

Department of Justice establish a Nationwide Mortgage Fraud Task 

Force (hereinafter referred to in this section as the ‘‘Task Force’’) 

to address mortgage fraud in the United States. 

(b) SUPPORT.—If the Department of Justice establishes the 

Task Force referred to in subsection (a), it is the sense of the 

Congress that the Attorney General should provide the Task Force 

with the appropriate staff, administrative support, and other 

resources necessary to carry out the duties of the Task Force. 

(c) MANDATORY FUNCTIONS.—If the Department of Justice 

establishes the Task Force referred to in subsection (a), it is the 

sense of the Congress that the Attorney General should— 

(1) establish coordinating entities, and solicit the voluntary 

participation of Federal, State, and local law enforcement and 

prosecutorial agencies in such entities, to organize initiatives 

to address mortgage fraud, including initiatives to enforce State 

mortgage fraud laws and other related Federal and State laws; 

12 USC 5220a. 


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(2) provide training to Federal, State, and local law enforcement and prosecutorial agencies with respect to mortgage fraud, 

including related Federal and State laws; 

(3) collect and disseminate data with respect to mortgage 

fraud, including Federal, State, and local data relating to mortgage fraud investigations and prosecutions; and 

(4) perform other functions determined by the Attorney 

General to enhance the detection of, prevention of, and response 

to mortgage fraud in the United States. 

(d) OPTIONAL FUNCTIONS.—If the Department of Justice establishes the Task Force referred to in subsection (a), it is the sense 

of the Congress that the Task Force should— 

(1) initiate and coordinate Federal mortgage fraud investigations and, through the coordinating entities described under 

subsection (c), State and local mortgage fraud investigations; 

(2) establish a toll-free hotline for— 

(A) reporting mortgage fraud; 

(B) providing the public with access to information 

and resources with respect to mortgage fraud; and 

(C) directing reports of mortgage fraud to the appropriate Federal, State, and local law enforcement and prosecutorial agency, including to the appropriate branch of 

the Task Force established under subsection (d); 

(3) create a database with respect to suspensions and revocations of mortgage industry licenses and certifications to 

facilitate the sharing of such information by States; 

(4) make recommendations with respect to the need for 

and resources available to provide the equipment and training 

necessary for the Task Force to combat mortgage fraud; and 

(5) propose legislation to Federal, State, and local legislative bodies with respect to the elimination and prevention of 

mortgage fraud, including measures to address mortgage loan 

procedures and property appraiser practices that provide 

opportunities for mortgage fraud. 

TITLE IV—FORECLOSURE 

MORATORIUM PROVISIONS 

SEC. 401. SENSE OF THE CONGRESS ON FORECLOSURES. 

(a) IN GENERAL.—It is the sense of the Congress that mortgage 

holders, institutions, and mortgage servicers should not initiate 

a foreclosure proceeding or a foreclosure sale on any homeowner 

until the foreclosure mitigation provisions, like the Hope for Homeowners program, as required under title II, and the President’s 

‘‘Homeowner Affordability and Stability Plan’’ have been implemented and determined to be operational by the Secretary of 

Housing and Urban Development and the Secretary of the Treasury. 

(b) SCOPE OF MORATORIUM.—The foreclosure moratorium 

referred to in subsection (a) should apply only for first mortgages 

secured by the owner’s principal dwelling. 

(c) FHA-REGULATED LOAN MODIFICATION AGREEMENTS.—If a 

mortgage holder, institution, or mortgage servicer to which subsection (a) applies reaches a loan modification agreement with 

a homeowner under the auspices of the Federal Housing Administration before any plan referred to in such subsection takes effect, 


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subsection (a) shall cease to apply to such institution as of the 

effective date of the loan modification agreement. 

(d) DUTY OF CONSUMER TO MAINTAIN PROPERTY.—Any homeowner for whose benefit any foreclosure proceeding or sale is barred 

under subsection (a) from being instituted, continued, or consummated with respect to any homeowner mortgage should not, 

with respect to any property securing such mortgage, destroy, damage, or impair such property, allow the property to deteriorate, 

or commit waste on the property. 

(e) DUTY OF CONSUMER TO RESPOND TO REASONABLE

INQUIRIES.—Any homeowner for whose benefit any foreclosure proceeding or sale is barred under subsection (a) from being instituted, 

continued, or consummated with respect to any homeowner mortgage should respond to reasonable inquiries from a creditor or 

servicer during the period during which such foreclosure proceeding 

or sale is barred. 

SEC. 402. PUBLIC-PRIVATE INVESTMENT PROGRAM; ADDITIONAL 

APPROPRIATIONS FOR THE SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM. 

(a) SHORT TITLE.—This section may be cited as the ‘‘PublicPrivate Investment Program Improvement and Oversight Act of 

2009’’. 

(b) PUBLIC-PRIVATE INVESTMENT PROGRAM.— 

(1) IN GENERAL.—Any program established by the Federal 

Government to create a public-private investment fund shall— 

(A) in consultation with the Special Inspector General 

of the Trouble Asset Relief Program (in this section referred 

to as the ‘‘Special Inspector General’’), impose strict conflict 

of interest rules on managers of public-private investment 

funds to ensure that securities bought by the funds are 

purchased in arms-length transactions, that fiduciary 

duties to public and private investors in the fund are 

not violated, and that there is full disclosure of relevant 

facts and financial interests (which conflict of interest rules 

shall be implemented by the manager of a public-private 

investment fund prior to such fund receiving Federal 

Government financing); 

(B) require each public-private investment fund to 

make a quarterly report to the Secretary of the Treasury 

(in this section referred to as the ‘‘Secretary’’) that discloses 

the 10 largest positions of such fund (which reports shall 

be publicly disclosed at such time as the Secretary of the 

Treasury determines that such disclosure will not harm 

the ongoing business operations of the fund); 

(C) allow the Special Inspector General access to all 

books and records of a public-private investment fund, 

including all records of financial transactions in machine 

readable form, and the confidentiality of all such information shall be maintained by the Special Inspector General; 

(D) require each manager of a public-private investment fund to retain all books, documents, and records 

relating to such public-private investment fund, including 

electronic messages; 

(E) require each manager of a public-private investment fund to acknowledge, in writing, a fiduciary duty 

to both the public and private investors in such fund; 

Records. 

Records. 

Reports. 

Public 

information. 

Consultation. 

Public-Private 

Investment 

Program 

Improvement 

and Oversight 

Act of 2009. 

12 USC 5231a. 


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(F) require each manager of a public-private investment fund to develop a robust ethics policy that includes 

methods to ensure compliance with such policy; 

(G) require strict investor screening procedures for 

public-private investment funds; and 

(H) require each manager of a public-private fund to 

identify for the Secretary, on a periodic basis, each investor 

that, individually or together with affiliates, directly or 

indirectly, holds equity interests equal to at least 10 percent 

of the equity interest of the fund including if such interests 

are held in a vehicle formed for the purpose of directly 

or indirectly investing in the fund. 

(2) INTERACTION BETWEEN PUBLIC-PRIVATE INVESTMENT

FUNDS AND THE TERM-ASSET BACKED SECURITIES LOAN

FACILITY.—The Secretary shall consult with the Special 

Inspector General and shall issue regulations governing the 

interaction of the Public-Private Investment Program, the 

Term-Asset Backed Securities Loan Facility, and other similar 

public-private investment programs. Such regulations shall 

address concerns regarding the potential for excessive leverage 

that could result from interactions between such programs. 

(3) REPORT.—Not later than 60 days after the date of 

the establishment of a program described in paragraph (1), 

the Special Inspector General shall submit a report to Congress 

on the implementation of this section. 

(c) ADDITIONAL APPROPRIATIONS FOR THE SPECIAL INSPECTOR

GENERAL.— 

(1) IN GENERAL.—Of amounts made available under section 

115(a) of the Emergency Economic Stabilization Act of 2008 

(Public Law 110–343), $15,000,000 shall be made available 

to the Special Inspector General, which shall be in addition 

to amounts otherwise made available to the Special Inspector 

General. 

(2) PRIORITIES.—In utilizing funds made available under 

this section, the Special Inspector General shall prioritize the 

performance of audits or investigations of recipients of nonrecourse Federal loans made under any program that is funded 

in whole or in part by funds appropriated under the Emergency 

Economic Stabilization Act of 2008, to the extent that such 

priority is consistent with other aspects of the mission of the 

Special Inspector General. Such audits or investigations shall 

determine the existence of any collusion between the loan 

recipient and the seller or originator of the asset used as 

loan collateral, or any other conflict of interest that may have 

led the loan recipient to deliberately overstate the value of 

the asset used as loan collateral. 

(d) RULE OF CONSTRUCTION.—Notwithstanding any other provision of law, nothing in this section shall be construed to apply 

to any activity of the Federal Deposit Insurance Corporation in 

connection with insured depository institutions, as described in 

section 13(c)(2)(B) of the Federal Deposit Insurance Act. 

(e) DEFINITION.—In this section, the term ‘‘public-private investment fund’’ means a financial vehicle that is— 

(1) established by the Federal Government to purchase 

pools of loans, securities, or assets from a financial institution 

described in section 101(a)(1) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); and 

Consultation. 

Regulations. 


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(2) funded by a combination of cash or equity from private 

investors and funds provided by the Secretary of the Treasury 

or funds appropriated under the Emergency Economic Stabilization Act of 2008. 

(f) OFFSET OF COSTS OF PROGRAM CHANGES.—Notwithstanding 

the amendment made by section 202(b) of this Act, paragraph 

(3) of section 115(a) of the Emergency Economic Stabilization Act 

of 2008 (12 U.S.C. 5225) is amended by inserting ‘‘, as such amount 

is reduced by $1,259,000,000,’’ after ‘‘$700,000,000,000’’. 

(g) REGULATIONS.—The Secretary of the Treasury may prescribe 

such regulations or other guidance as may be necessary or appropriate to define terms or carry out the authorities or purposes 

of this section. 

SEC. 403. REMOVAL OF REQUIREMENT TO LIQUIDATE WARRANTS 

UNDER THE TARP. 

Section 111(g) of the Emergency Economic Stabilization Act 

of 2008 (12 U.S.C. 5221(g)) is amended by striking ‘‘shall liquidate 

warrants associated with such assistance at the current market 

price’’ and inserting ‘‘, at the market price, may liquidate warrants 

associated with such assistance’’. 

SEC. 404. NOTIFICATION OF SALE OR TRANSFER OF MORTGAGE LOANS. 

(a) IN GENERAL.—Section 131 of the Truth in Lending Act 

(15 U.S.C. 1641) is amended by adding at the end the following: 

‘‘(g) NOTICE OF NEW CREDITOR.— 

‘‘(1) IN GENERAL.—In addition to other disclosures required 

by this title, not later than 30 days after the date on which 

a mortgage loan is sold or otherwise transferred or assigned 

to a third party, the creditor that is the new owner or assignee 

of the debt shall notify the borrower in writing of such transfer, 

including— 

‘‘(A) the identity, address, telephone number of the 

new creditor; 

‘‘(B) the date of transfer; 

‘‘(C) how to reach an agent or party having authority 

to act on behalf of the new creditor; 

‘‘(D) the location of the place where transfer of ownership of the debt is recorded; and 

‘‘(E) any other relevant information regarding the new 

creditor. 

‘‘(2) DEFINITION.—As used in this subsection, the term 

‘mortgage loan’ means any consumer credit transaction that 

is secured by the principal dwelling of a consumer.’’. 

(b) PRIVATE RIGHT OF ACTION.—Section 130(a) of the Truth 

in Lending Act (15 U.S.C. 1640(a)) is amended by inserting ‘‘subsection (f) or (g) of section 131,’’ after ‘‘section 125,’’. 

TITLE V—FARM LOAN RESTRUCTURING 

SEC. 501. CONGRESSIONAL OVERSIGHT PANEL SPECIAL REPORT. 

Section 125(b) of the Emergency Economic Stabilization Act 

of 2008 (12 U.S.C. 5233(b)) is amended by adding at the end 

the following: 

Deadline. 


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‘‘(3) SPECIAL REPORT ON FARM LOAN RESTRUCTURING.—Not 

later than 60 days after the date of enactment of this paragraph, the Oversight Panel shall submit a special report on 

farm loan restructuring that— 

‘‘(A) analyzes the state of the commercial farm credit 

markets and the use of loan restructuring as an alternative 

to foreclosure by recipients of financial assistance under 

the Troubled Asset Relief Program; and 

‘‘(B) includes an examination of and recommendation 

on the different methods for farm loan restructuring that 

could be used as part of a foreclosure mitigation program 

for farm loans made by recipients of financial assistance 

under the Troubled Asset Relief Program, including any 

programs for direct loan restructuring or modification carried out by the Farm Service Agency of the Department 

of Agriculture, the farm credit system, and the Making 

Home Affordable Program of the Department of the 

Treasury.’’. 

TITLE VI—ENHANCED OVERSIGHT OF 

THE TROUBLED ASSET RELIEF PROGRAM 

SEC. 601. ENHANCED OVERSIGHT OF THE TROUBLED ASSET RELIEF 

PROGRAM. 

Section 116 of the Emergency Economic Stabilization Act of 

2008 (12 U.S.C. 5226) is amended— 

(1) in subsection (a)(1)(A)— 

(A) in clause (iii), by striking ‘‘and’’ at the end; 

(B) in clause (iv), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(v) public accountability for the exercise of such 

authority, including with respect to actions taken by 

those entities participating in programs established 

under this Act.’’; and 

(2) in subsection (a)(2)— 

(A) by redesignating subparagraph (C) as subparagraph (F); and 

(B) by striking subparagraphs (A) and (B) and inserting 

the following: 

‘‘(A) DEFINITION.—In this paragraph, the term ‘governmental unit’ has the meaning given under section 101(27) 

of title 11, United States Code, and does not include any 

insured depository institution as defined under section 3 

of the Federal Deposit Insurance Act (12 U.S.C. 8113). 

‘‘(B) GAO PRESENCE.—The Secretary shall provide the 

Comptroller General with appropriate space and facilities 

in the Department of the Treasury as necessary to facilitate 

oversight of the TARP until the termination date established in section 5230 of this title. 

‘‘(C) ACCESS TO RECORDS.— 

‘‘(i) IN GENERAL.—Notwithstanding any other 

provision of law, and for purposes of reviewing the 

performance of the TARP, the Comptroller General 


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shall have access, upon request, to any information, 

data, schedules, books, accounts, financial records, 

reports, files, electronic communications, or other 

papers, things, or property belonging to or in use by 

the TARP, any entity established by the Secretary 

under this Act, any entity that is established by a 

Federal reserve bank and receives funding from the 

TARP, or any entity (other than a governmental unit) 

participating in a program established under the 

authority of this Act, and to the officers, employees, 

directors, independent public accountants, financial 

advisors and any and all other agents and representatives thereof, at such time as the Comptroller General 

may request. 

‘‘(ii) VERIFICATION.—The Comptroller General shall 

be afforded full facilities for verifying transactions with 

the balances or securities held by, among others, 

depositories, fiscal agents, and custodians. 

‘‘(iii) COPIES.—The Comptroller General may make 

and retain copies of such books, accounts, and other 

records as the Comptroller General determines appropriate. 

‘‘(D) AGREEMENT BY ENTITIES.—Each contract, term 

sheet, or other agreement between the Secretary or the 

TARP (or any TARP vehicle, officer, director, employee, 

independent public accountant, financial advisor, or other 

TARP agent or representative) and an entity (other than 

a governmental unit) participating in a program established under this Act shall provide for access by the Comptroller General in accordance with this section. 

‘‘(E) RESTRICTION ON PUBLIC DISCLOSURE.— ‘‘(i) IN GENERAL.—The Comptroller General may 

not publicly disclose proprietary or trade secret 

information obtained under this section. 

‘‘(ii) EXCEPTION FOR CONGRESSIONAL COMMIT- TEES.—This subparagraph does not limit disclosures 

to congressional committees or members thereof having 

jurisdiction over a private or public entity referred 

to under subparagraph (C). 

‘‘(iii) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to alter or amend the prohibitions against the disclosure of trade secrets or other 

information prohibited by section 1905 of title 18, 

United States Code, section 714(c) of title 31, United 

States Code, or other applicable provisions of law.’’. 

TITLE VII—PROTECTING TENANTS AT 

FORECLOSURE ACT 

SEC. 701. SHORT TITLE. 

This title may be cited as the ‘‘Protecting Tenants at Foreclosure Act of 2009’’. 

SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY. 

(a) IN GENERAL.—In the case of any foreclosure on a federallyrelated mortgage loan or on any dwelling or residential real property 

12 USC 5220 

note. 

12 USC 5201 

note. 

Protecting 

Tenants at 

Foreclosure Act 

of 2009. 


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after the date of enactment of this title, any immediate successor 

in interest in such property pursuant to the foreclosure shall assume 

such interest subject to— 

(1) the provision, by such successor in interest of a notice 

to vacate to any bona fide tenant at least 90 days before 

the effective date of such notice; and 

(2) the rights of any bona fide tenant, as of the date 

of such notice of foreclosure— 

(A) under any bona fide lease entered into before the 

notice of foreclosure to occupy the premises until the end 

of the remaining term of the lease, except that a successor 

in interest may terminate a lease effective on the date 

of sale of the unit to a purchaser who will occupy the 

unit as a primary residence, subject to the receipt by the 

tenant of the 90 day notice under paragraph (1); or 

(B) without a lease or with a lease terminable at will 

under State law, subject to the receipt by the tenant of 

the 90 day notice under subsection (1), 

except that nothing under this section shall affect the requirements for termination of any Federal- or State-subsidized tenancy or of any State or local law that provides longer time 

periods or other additional protections for tenants. 

(b) BONA FIDE LEASE OR TENANCY.—For purposes of this section, a lease or tenancy shall be considered bona fide only if— 

(1) the mortgagor or the child, spouse, or parent of the 

mortgagor under the contract is not the tenant; 

(2) the lease or tenancy was the result of an arms-length 

transaction; and 

(3) the lease or tenancy requires the receipt of rent that 

is not substantially less than fair market rent for the property 

or the unit’s rent is reduced or subsidized due to a Federal, 

State, or local subsidy. 

(c) DEFINITION.—For purposes of this section, the term ‘‘federally-related mortgage loan’’ has the same meaning as in section 

3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 

2602). 

SEC. 703. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES. 

Section 8(o)(7) of the United States Housing Act of 1937 (42 

U.S.C. 1437f(o)(7)) is amended— 

(1) by inserting before the semicolon in subparagraph (C) 

the following: ‘‘and in the case of an owner who is an immediate 

successor in interest pursuant to foreclosure during the term 

of the lease vacating the property prior to sale shall not constitute other good cause, except that the owner may terminate 

the tenancy effective on the date of transfer of the unit to 

the owner if the owner— 

‘‘(i) will occupy the unit as a primary residence; 

and 

‘‘(ii) has provided the tenant a notice to vacate 

at least 90 days before the effective date of such 

notice.’’; and 

(2) by inserting at the end of subparagraph (F) the following: ‘‘In the case of any foreclosure on any federally-related 

mortgage loan (as that term is defined in section 3 of the 

Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602)) 

or on any residential real property in which a recipient of 

Notice. 

Deadline. 

Notice. 

Deadline. 


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assistance under this subsection resides, the immediate successor in interest in such property pursuant to the foreclosure 

shall assume such interest subject to the lease between the 

prior owner and the tenant and to the housing assistance 

payments contract between the prior owner and the public 

housing agency for the occupied unit, except that this provision 

and the provisions related to foreclosure in subparagraph (C) 

shall not shall not affect any State or local law that provides 

longer time periods or other additional protections for tenants.’’. 

SEC. 704. SUNSET. 

This title, and any amendments made by this title are repealed, 

and the requirements under this title shall terminate, on December 

31, 2012. 

TITLE VIII—COMPTROLLER GENERAL 

ADDITIONAL AUDIT AUTHORITIES 

SEC. 801. COMPTROLLER GENERAL ADDITIONAL AUDIT AUTHORITIES. 

(a) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.— Section 714 of title 31, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘Federal Reserve Board,’’ 

and inserting ‘‘Board of Governors of the Federal Reserve 

System (in this section referred to as the ‘Board’),’’; and 

(2) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘Federal Reserve Board,’’ and inserting ‘‘Board’’; and 

(B) in paragraph (4), by striking ‘‘of Governors’’. 

(b) CONFIDENTIAL INFORMATION.—Section 714(c) of title 31, 

United States Code, is amended by striking paragraph (3) and 

inserting the following: 

‘‘(3) Except as provided under paragraph (4), an officer 

or employee of the Government Accountability Office may not 

disclose to any person outside the Government Accountability 

Office information obtained in audits or examinations conducted 

under subsection (e) and maintained as confidential by the 

Board or the Federal reserve banks. 

‘‘(4) This subsection shall not— 

‘‘(A) authorize an officer or employee of an agency 

to withhold information from any committee or subcommittee of jurisdiction of Congress, or any member of 

such committee or subcommittee; or 

‘‘(B) limit any disclosure by the Government Accountability Office to any committee or subcommittee of jurisdiction of Congress, or any member of such committee or 

subcommittee.’’. 

(c) ACCESS TO RECORDS.—Section 714(d) of title 31, United 

States Code, is amended— 

(1) in paragraph (1), by inserting ‘‘The Comptroller General 

shall have access to the officers, employees, contractors, and 

other agents and representatives of an agency and any entity 

established by an agency at any reasonable time as the Comptroller General may request. The Comptroller General may 

make and retain copies of such books, accounts, and other 

records as the Comptroller General determines appropriate.’’ 

after the first sentence; 

12 USC 5201 

note. 

12 USC 5220 

note. 

42 USC 1437f 

and note. 


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(2) in paragraph (2), by inserting ‘‘, copies of any record,’’ 

after ‘‘records’’; and 

(3) by adding at the end the following: 

‘‘(3)(A) For purposes of conducting audits and examinations 

under subsection (e), the Comptroller General shall have access, 

upon request, to any information, data, schedules, books, 

accounts, financial records, reports, files, electronic communications, or other papers, things or property belonging to or in 

use by— 

‘‘(i) any entity established by any action taken by the 

Board described under subsection (e); 

‘‘(ii) any entity receiving assistance from any action 

taken by the Board described under subsection (e), to the 

extent that the access and request relates to that assistance; and 

‘‘(iii) the officers, directors, employees, independent 

public accountants, financial advisors and any and all representatives of any entity described under clause (i) or 

(ii); to the extent that the access and request relates to 

that assistance; 

‘‘(B) The Comptroller General shall have access as provided 

under subparagraph (A) at such time as the Comptroller General may request. 

‘‘(C) Each contract, term sheet, or other agreement between 

the Board or any Federal reserve bank (or any entity established by the Board or any Federal reserve bank) and an 

entity receiving assistance from any action taken by the Board 

described under subsection (e) shall provide for access by the 

Comptroller General in accordance with this paragraph.’’. 

(d) AUDITS OF CERTAIN ACTIONS OF THE BOARD OF GOVERNORS

OF THE FEDERAL RESERVE SYSTEM.—Section 714 of title 31, United 

States Code, is amended by adding at the end the following: 

‘‘(e) Notwithstanding subsection (b), the Comptroller General 

may conduct audits, including onsite examinations when the Comptroller General determines such audits and examinations are appropriate, of any action taken by the Board under the third undesignated paragraph of section 13 of the Federal Reserve Act (12 

U.S.C. 343); with respect to a single and specific partnership or 

corporation.’’. 

DIVISION B—HOMELESSNESS REFORM 

SEC. 1001. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Homeless 

Emergency Assistance and Rapid Transition to Housing Act of 

2009’’. 

(b) TABLE OF CONTENTS.—The table of contents for this division 

is as follows: 

DIVISION B—HOMELESSNESS REFORM 

Sec. 1001. Short title; table of contents. 

Sec. 1002. Findings and purposes. 

Sec. 1003. Definition of homelessness. 

Sec. 1004. United States Interagency Council on Homelessness. 

TITLE I—HOUSING ASSISTANCE GENERAL PROVISIONS 

Sec. 1101. Definitions. 

Sec. 1102. Community homeless assistance planning boards. 

Homeless 

Emergency 

Assistance and 

Rapid Transition 

to Housing Act of 

2009. 

42 USC 11301 

note. 

Determination. 


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Sec. 1103. General provisions. 

Sec. 1104. Protection of personally identifying information by victim service providers. 

Sec. 1105. Authorization of appropriations. 

TITLE II—EMERGENCY SOLUTIONS GRANTS PROGRAM 

Sec. 1201. Grant assistance. 

Sec. 1202. Eligible activities. 

Sec. 1203. Participation in Homeless Management Information System. 

Sec. 1204. Administrative provision. 

Sec. 1205. GAO study of administrative fees. 

TITLE III—CONTINUUM OF CARE PROGRAM 

Sec. 1301. Continuum of care. 

Sec. 1302. Eligible activities. 

Sec. 1303. High performing communities. 

Sec. 1304. Program requirements. 

Sec. 1305. Selection criteria, allocation amounts, and funding. 

Sec. 1306. Research. 

TITLE IV—RURAL HOUSING STABILITY ASSISTANCE PROGRAM 

Sec. 1401. Rural housing stability assistance. 

Sec. 1402. GAO study of homelessness and homeless assistance in rural areas. 

TITLE V—REPEALS AND CONFORMING AMENDMENTS 

Sec. 1501. Repeals. 

Sec. 1502. Conforming amendments. 

Sec. 1503. Effective date. 

Sec. 1504. Regulations. 

Sec. 1505. Amendment to table of contents. 

SEC. 1002. FINDINGS AND PURPOSES. 

(a) FINDINGS.—The Congress finds that— 

(1) a lack of affordable housing and limited scale of housing 

assistance programs are the primary causes of homelessness; 

and 

(2) homelessness affects all types of communities in the 

United States, including rural, urban, and suburban areas. 

(b) PURPOSES.—The purposes of this division are— 

(1) to consolidate the separate homeless assistance programs carried out under title IV of the McKinney-Vento Homeless Assistance Act (consisting of the supportive housing program and related innovative programs, the safe havens program, the section 8 assistance program for single-room occupancy dwellings, and the shelter plus care program) into a 

single program with specific eligible activities; 

(2) to codify in Federal law the continuum of care planning 

process as a required and integral local function necessary 

to generate the local strategies for ending homelessness; and 

(3) to establish a Federal goal of ensuring that individuals 

and families who become homeless return to permanent housing 

within 30 days. 

SEC. 1003. DEFINITION OF HOMELESSNESS. 

(a) IN GENERAL.—Section 103 of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11302) is amended— 

(1) by redesignating subsections (b) and (c) as subsections 

(c) and (d); and 

(2) by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.—For purposes of this Act, the terms ‘homeless’, ‘homeless individual’, and ‘homeless person’ means— 

‘‘(1) an individual or family who lacks a fixed, regular, 

and adequate nighttime residence; 

42 USC 11301 

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‘‘(2) an individual or family with a primary nighttime residence that is a public or private place not designed for or 

ordinarily used as a regular sleeping accommodation for human 

beings, including a car, park, abandoned building, bus or train 

station, airport, or camping ground; 

‘‘(3) an individual or family living in a supervised publicly 

or privately operated shelter designated to provide temporary 

living arrangements (including hotels and motels paid for by 

Federal, State, or local government programs for low-income 

individuals or by charitable organizations, congregate shelters, 

and transitional housing); 

‘‘(4) an individual who resided in a shelter or place not 

meant for human habitation and who is exiting an institution 

where he or she temporarily resided; 

‘‘(5) an individual or family who— 

‘‘(A) will imminently lose their housing, including 

housing they own, rent, or live in without paying rent, 

are sharing with others, and rooms in hotels or motels 

not paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, as evidenced by— 

‘‘(i) a court order resulting from an eviction action 

that notifies the individual or family that they must 

leave within 14 days; 

‘‘(ii) the individual or family having a primary 

nighttime residence that is a room in a hotel or motel 

and where they lack the resources necessary to reside 

there for more than 14 days; or 

‘‘(iii) credible evidence indicating that the owner 

or renter of the housing will not allow the individual 

or family to stay for more than 14 days, and any 

oral statement from an individual or family seeking 

homeless assistance that is found to be credible shall 

be considered credible evidence for purposes of this 

clause; 

‘‘(B) has no subsequent residence identified; and 

‘‘(C) lacks the resources or support networks needed 

to obtain other permanent housing; and 

‘‘(6) unaccompanied youth and homeless families with children and youth defined as homeless under other Federal statutes who— 

‘‘(A) have experienced a long term period without living 

independently in permanent housing, 

‘‘(B) have experienced persistent instability as measured by frequent moves over such period, and 

‘‘(C) can be expected to continue in such status for 

an extended period of time because of chronic disabilities, 

chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood 

abuse, the presence of a child or youth with a disability, 

or multiple barriers to employment. 

‘‘(b) DOMESTIC VIOLENCE AND OTHER DANGEROUS OR LIFETHREATENING CONDITIONS.—Notwithstanding any other provision 

of this section, the Secretary shall consider to be homeless any 

individual or family who is fleeing, or is attempting to flee, domestic 

violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in the individual’s or family’s 


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current housing situation, including where the health and safety 

of children are jeopardized, and who have no other residence and 

lack the resources or support networks to obtain other permanent 

housing.’’. 

(b) REGULATIONS.—Not later than the expiration of the 6-month 

period beginning upon the date of the enactment of this division, 

the Secretary of Housing and Urban Development shall issue regulations that provide sufficient guidance to recipients of funds under 

title IV of the McKinney-Vento Homeless Assistance Act to allow 

uniform and consistent implementation of the requirements of section 103 of such Act, as amended by subsection (a) of this section. 

This subsection shall take effect on the date of the enactment 

of this division. 

(c) CLARIFICATION OF EFFECT ON OTHER LAWS.—This section 

and the amendments made by this section to section 103 of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) may 

not be construed to affect, alter, limit, annul, or supersede any 

other provision of Federal law providing a definition of ‘‘homeless’’, 

‘‘homeless individual’’, or ‘‘homeless person’’ for purposes other than 

such Act, except to the extent that such provision refers to such 

section 103 or the definition provided in such section 103. 

SEC. 1004. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS. 

(a) IN GENERAL.—Title II of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11311 et seq.) is amended— 

(1) in section 201 (42 U.S.C. 11311), by inserting before 

the period at the end the following ‘‘whose mission shall be 

to coordinate the Federal response to homelessness and to 

create a national partnership at every level of government 

and with the private sector to reduce and end homelessness 

in the nation while maximizing the effectiveness of the Federal 

Government in contributing to the end of homelessness’’; 

(2) in section 202 (42 U.S.C. 11312)— 

(A) in subsection (a)— 

(i) by redesignating paragraph (16) as paragraph 

(22); and 

(ii) by inserting after paragraph (15) the following: 

‘‘(16) The Commissioner of Social Security, or the designee 

of the Commissioner. 

‘‘(17) The Attorney General of the United States, or the 

designee of the Attorney General. 

‘‘(18) The Director of the Office of Management and Budget, 

or the designee of the Director. 

‘‘(19) The Director of the Office of Faith-Based and Community Initiatives, or the designee of the Director. 

‘‘(20) The Director of USA FreedomCorps, or the designee 

of the Director.’’; 

(B) in subsection (c), by striking ‘‘annually’’ and 

inserting ‘‘four times each year, and the rotation of the 

positions of Chairperson and Vice Chairperson required 

under subsection (b) shall occur at the first meeting of 

each year’’; and 

(C) by adding at the end the following: 

‘‘(e) ADMINISTRATION.—The Executive Director of the Council 

shall report to the Chairman of the Council.’’; 

(3) in section 203(a) (42 U.S.C. 11313(a))— 

42 USC 11302 

note. 

Effective date. 

Deadline. 

42 USC 11302 

note. 


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(A) by redesignating paragraphs (1), (2), (3), (4), (5), 

(6), and (7) as paragraphs (2), (3), (4), (5), (9), (10), and 

(11), respectively; 

(B) by inserting before paragraph (2), as so redesignated by subparagraph (A), the following: 

‘‘(1) not later than 12 months after the date of the enactment of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, develop, make available for public 

comment, and submit to the President and to Congress a 

National Strategic Plan to End Homelessness, and shall update 

such plan annually;’’; 

(C) in paragraph (5), as redesignated by subparagraph 

(A), by striking ‘‘at least 2, but in no case more than 

5’’ and inserting ‘‘not less than 5, but in no case more 

than 10’’; 

(D) by inserting after paragraph (5), as so redesignated 

by subparagraph (A), the following: 

‘‘(6) encourage the creation of State Interagency Councils 

on Homelessness and the formulation of jurisdictional 10-year 

plans to end homelessness at State, city, and county levels; 

‘‘(7) annually obtain from Federal agencies their identification of consumer-oriented entitlement and other resources for 

which persons experiencing homelessness may be eligible and 

the agencies’ identification of improvements to ensure access; 

develop mechanisms to ensure access by persons experiencing 

homelessness to all Federal, State, and local programs for which 

the persons are eligible, and to verify collaboration among 

entities within a community that receive Federal funding under 

programs targeted for persons experiencing homelessness, and 

other programs for which persons experiencing homelessness 

are eligible, including mainstream programs identified by the 

Government Accountability Office in the reports entitled 

‘Homelessness: Coordination and Evaluation of Programs Are 

Essential’, issued February 26, 1999, and ‘Homelessness: Barriers to Using Mainstream Programs’, issued July 6, 2000; 

‘‘(8) conduct research and evaluation related to its functions 

as defined in this section; 

‘‘(9) develop joint Federal agency and other initiatives to 

fulfill the goals of the agency;’’; 

(E) in paragraph (10), as so redesignated by subparagraph (A), by striking ‘‘and’’ at the end; 

(F) in paragraph (11), as so redesignated by subparagraph (A), by striking the period at the end and inserting 

a semicolon; 

(G) by adding at the end the following new paragraphs: 

‘‘(12) develop constructive alternatives to criminalizing 

homelessness and laws and policies that prohibit sleeping, 

feeding, sitting, resting, or lying in public spaces when there 

are no suitable alternatives, result in the destruction of a 

homeless person’s property without due process, or are selectively enforced against homeless persons; and 

‘‘(13) not later than the expiration of the 6-month period 

beginning upon completion of the study requested in a letter 

to the Acting Comptroller General from the Chair and Ranking 

Member of the House Financial Services Committee and several 

other members regarding various definitions of homelessness 

in Federal statutes, convene a meeting of representatives of 

Deadlines. 

Deadlines. 

Public 

information. 

Strategic plan. 


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all Federal agencies and committees of the House of Representatives and the Senate having jurisdiction over any Federal 

program to assist homeless individuals or families, local and 

State governments, academic researchers who specialize in 

homelessness, nonprofit housing and service providers that 

receive funding under any Federal program to assist homeless 

individuals or families, organizations advocating on behalf of 

such nonprofit providers and homeless persons receiving 

housing or services under any such Federal program, and homeless persons receiving housing or services under any such Federal program, at which meeting such representatives shall discuss all issues relevant to whether the definitions of ‘homeless’ 

under paragraphs (1) through (4) of section 103(a) of the 

McKinney-Vento Homeless Assistance Act, as amended by section 1003 of the Homeless Emergency Assistance and Rapid 

Transition to Housing Act of 2009, should be modified by the 

Congress, including whether there is a compelling need for 

a uniform definition of homelessness under Federal law, the 

extent to which the differences in such definitions create barriers for individuals to accessing services and to collaboration 

between agencies, and the relative availability, and barriers 

to access by persons defined as homeless, of mainstream programs identified by the Government Accountability Office in 

the two reports identified in paragraph (7) of this subsection; 

and shall submit transcripts of such meeting, and any majority 

and dissenting recommendations from such meetings, to each 

committee of the House of Representatives and the Senate 

having jurisdiction over any Federal program to assist homeless 

individuals or families not later than the expiration of the 

60-day period beginning upon conclusion of such meeting.’’. 

(4) in section 203(b)(1) (42 U.S.C. 11313(b))— 

(A) by striking ‘‘Federal’’ and inserting ‘‘national’’; 

(B) by striking ‘‘; and’’ and inserting ‘‘and pay for 

expenses of attendance at meetings which are concerned 

with the functions or activities for which the appropriation 

is made;’’; 

(5) in section 205(d) (42 U.S.C. 11315(d)), by striking ‘‘property.’’ and inserting ‘‘property, both real and personal, public 

and private, without fiscal year limitation, for the purpose 

of aiding or facilitating the work of the Council.’’; and 

(6) by striking section 208 (42 U.S.C. 11318) and inserting 

the following: 

‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

title $3,000,000 for fiscal year 2010 and such sums as may be 

necessary for fiscal years 2011. Any amounts appropriated to carry 

out this title shall remain available until expended.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on, and shall apply beginning on, the date 

of the enactment of this division. 

42 USC 11311 

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PUBLIC LAW 111–22—MAY 20, 2009 123 STAT. 1669 

TITLE I—HOUSING ASSISTANCE 

GENERAL PROVISIONS 

SEC. 1101. DEFINITIONS. 

Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended— 

(1) by striking the subtitle heading and inserting the following: 

‘‘Subtitle A—General Provisions’’; 

(2) by redesignating sections 401 and 402 (42 U.S.C. 11361, 

11362) as sections 403 and 406, respectively; and 

(3) by inserting before section 403 (as so redesignated by 

paragraph (2) of this section) the following new section: 

‘‘SEC. 401. DEFINITIONS. 

‘‘For purposes of this title: 

‘‘(1) AT RISK OF HOMELESSNESS.—The term ‘at risk of 

homelessness’ means, with respect to an individual or family, 

that the individual or family— 

‘‘(A) has income below 30 percent of median income 

for the geographic area; 

‘‘(B) has insufficient resources immediately available 

to attain housing stability; and 

‘‘(C)(i) has moved frequently because of economic reasons; 

‘‘(ii) is living in the home of another because of economic hardship; 

‘‘(iii) has been notified that their right to occupy their 

current housing or living situation will be terminated; 

‘‘(iv) lives in a hotel or motel; 

‘‘(v) lives in severely overcrowded housing; 

‘‘(vi) is exiting an institution; or 

‘‘(vii) otherwise lives in housing that has characteristics 

associated with instability and an increased risk of 

homelessness. 

Such term includes all families with children and youth 

defined as homeless under other Federal statutes. 

‘‘(2) CHRONICALLY HOMELESS.— 

‘‘(A) IN GENERAL.—The term ‘chronically homeless’ 

means, with respect to an individual or family, that the 

individual or family— 

‘‘(i) is homeless and lives or resides in a place 

not meant for human habitation, a safe haven, or in 

an emergency shelter; 

‘‘(ii) has been homeless and living or residing in 

a place not meant for human habitation, a safe haven, 

or in an emergency shelter continuously for at least 

1 year or on at least 4 separate occasions in the last 

3 years; and 

‘‘(iii) has an adult head of household (or a minor 

head of household if no adult is present in the household) with a diagnosable substance use disorder, 

serious mental illness, developmental disability (as 

42 USC 11360. 


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defined in section 102 of the Developmental Disabilities 

Assistance and Bill of Rights Act of 2000 (42 U.S.C. 

15002)), post traumatic stress disorder, cognitive 

impairments resulting from a brain injury, or chronic 

physical illness or disability, including the co-occurrence of 2 or more of those conditions. 

‘‘(B) RULE OF CONSTRUCTION.—A person who currently 

lives or resides in an institutional care facility, including 

a jail, substance abuse or mental health treatment facility, 

hospital or other similar facility, and has resided there 

for fewer than 90 days shall be considered chronically 

homeless if such person met all of the requirements 

described in subparagraph (A) prior to entering that 

facility. 

‘‘(3) COLLABORATIVE APPLICANT.—The term ‘collaborative 

applicant’ means an entity that— 

‘‘(A) carries out the duties specified in section 402; 

‘‘(B) serves as the applicant for project sponsors who 

jointly submit a single application for a grant under subtitle 

C in accordance with a collaborative process; and 

‘‘(C) if the entity is a legal entity and is awarded 

such grant, receives such grant directly from the Secretary. 

‘‘(4) COLLABORATIVE APPLICATION.—The term ‘collaborative 

application’ means an application for a grant under subtitle 

C that— 

‘‘(A) satisfies section 422; and 

‘‘(B) is submitted to the Secretary by a collaborative 

applicant. 

‘‘(5) CONSOLIDATED PLAN.—The term ‘Consolidated Plan’ 

means a comprehensive housing affordability strategy and 

community development plan required in part 91 of title 24, 

Code of Federal Regulations. 

‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible entity’ means, 

with respect to a subtitle, a public entity, a private entity, 

or an entity that is a combination of public and private entities, 

that is eligible to directly receive grant amounts under such 

subtitle. 

‘‘(7) FAMILIES WITH CHILDREN AND YOUTH DEFINED AS HOMELESS UNDER OTHER FEDERAL STATUTES.—The term ‘families with 

children and youth defined as homeless under other Federal 

statutes’ means any children or youth that are defined as 

‘homeless’ under any Federal statute other than this subtitle, 

but are not defined as homeless under section 103, and shall 

also include the parent, parents, or guardian of such children 

or youth under subtitle B of title VII this Act (42 U.S.C. 

11431 et seq.). 

‘‘(8) GEOGRAPHIC AREA.—The term ‘geographic area’ means 

a State, metropolitan city, urban county, town, village, or other 

nonentitlement area, or a combination or consortia of such, 

in the United States, as described in section 106 of the Housing 

and Community Development Act of 1974 (42 U.S.C. 5306). 

‘‘(9) HOMELESS INDIVIDUAL WITH A DISABILITY.— 

‘‘(A) IN GENERAL.—The term ‘homeless individual with 

a disability’ means an individual who is homeless, as 

defined in section 103, and has a disability that— 

‘‘(i)(I) is expected to be long-continuing or of indefinite duration; 


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‘‘(II) substantially impedes the individual’s ability 

to live independently; 

‘‘(III) could be improved by the provision of more 

suitable housing conditions; and 

‘‘(IV) is a physical, mental, or emotional impairment, including an impairment caused by alcohol or 

drug abuse, post traumatic stress disorder, or brain 

injury; 

‘‘(ii) is a developmental disability, as defined in 

section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002); 

or 

‘‘(iii) is the disease of acquired immunodeficiency 

syndrome or any condition arising from the etiologic 

agency for acquired immunodeficiency syndrome. 

‘‘(B) RULE.—Nothing in clause (iii) of subparagraph 

(A) shall be construed to limit eligibility under clause (i) 

or (ii) of subparagraph (A). 

‘‘(10) LEGAL ENTITY.—The term ‘legal entity’ means— 

‘‘(A) an entity described in section 501(c)(3) of the 

Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and 

exempt from tax under section 501(a) of such Code; 

‘‘(B) an instrumentality of State or local government; 

or 

‘‘(C) a consortium of instrumentalities of State or local 

governments that has constituted itself as an entity. 

‘‘(11) METROPOLITAN CITY; URBAN COUNTY; NONENTITLEMENT AREA.—The terms ‘metropolitan city’, ‘urban county’, and 

‘nonentitlement area’ have the meanings given such terms in 

section 102(a) of the Housing and Community Development 

Act of 1974 (42 U.S.C. 5302(a)). 

‘‘(12) NEW.—The term ‘new’ means, with respect to housing, 

that no assistance has been provided under this title for the 

housing. 

‘‘(13) OPERATING COSTS.—The term ‘operating costs’ means 

expenses incurred by a project sponsor operating transitional 

housing or permanent housing under this title with respect 

to— 

‘‘(A) the administration, maintenance, repair, and security of such housing; 

‘‘(B) utilities, fuel, furnishings, and equipment for such 

housing; or 

‘‘(C) coordination of services as needed to ensure longterm housing stability. 

‘‘(14) OUTPATIENT HEALTH SERVICES.—The term ‘outpatient 

health services’ means outpatient health care services, mental 

health services, and outpatient substance abuse services. 

‘‘(15) PERMANENT HOUSING.—The term ‘permanent housing’ 

means community-based housing without a designated length 

of stay, and includes both permanent supportive housing and 

permanent housing without supportive services. 

‘‘(16) PERSONALLY IDENTIFYING INFORMATION.—The term 

‘personally identifying information’ means individually identifying information for or about an individual, including information likely to disclose the location of a victim of domestic 

violence, dating violence, sexual assault, or stalking, 

including— 


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‘‘(A) a first and last name; 

‘‘(B) a home or other physical address; 

‘‘(C) contact information (including a postal, e-mail or 

Internet protocol address, or telephone or facsimile 

number); 

‘‘(D) a social security number; and 

‘‘(E) any other information, including date of birth, 

racial or ethnic background, or religious affiliation, that, 

in combination with any other non-personally identifying 

information, would serve to identify any individual. 

‘‘(17) PRIVATE NONPROFIT ORGANIZATION.—The term ‘private nonprofit organization’ means an organization— 

‘‘(A) no part of the net earnings of which inures to 

the benefit of any member, founder, contributor, or individual; 

‘‘(B) that has a voluntary board; 

‘‘(C) that has an accounting system, or has designated 

a fiscal agent in accordance with requirements established 

by the Secretary; and 

‘‘(D) that practices nondiscrimination in the provision 

of assistance. 

‘‘(18) PROJECT.—The term ‘project’ means, with respect to 

activities carried out under subtitle C, eligible activities 

described in section 423(a), undertaken pursuant to a specific 

endeavor, such as serving a particular population or providing 

a particular resource. 

‘‘(19) PROJECT-BASED.—The term ‘project-based’ means, 

with respect to rental assistance, that the assistance is provided 

pursuant to a contract that— 

‘‘(A) is between— 

‘‘(i) the recipient or a project sponsor; and 

‘‘(ii) an owner of a structure that exists as of the 

date the contract is entered into; and 

‘‘(B) provides that rental assistance payments shall 

be made to the owner and that the units in the structure 

shall be occupied by eligible persons for not less than 

the term of the contract. 

‘‘(20) PROJECT SPONSOR.—The term ‘project sponsor’ means, 

with respect to proposed eligible activities, the organization 

directly responsible for carrying out the proposed eligible activities. 

‘‘(21) RECIPIENT.—Except as used in subtitle B, the term 

‘recipient’ means an eligible entity who— 

‘‘(A) submits an application for a grant under section 

422 that is approved by the Secretary; 

‘‘(B) receives the grant directly from the Secretary to 

support approved projects described in the application; and 

‘‘(C)(i) serves as a project sponsor for the projects; 

or 

‘‘(ii) awards the funds to project sponsors to carry 

out the projects. 

‘‘(22) SECRETARY.—The term ‘Secretary’ means the Secretary of Housing and Urban Development. 

‘‘(23) SERIOUS MENTAL ILLNESS.—The term ‘serious mental 

illness’ means a severe and persistent mental illness or emotional impairment that seriously limits a person’s ability to 

live independently. 


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‘‘(24) SOLO APPLICANT.—The term ‘solo applicant’ means 

an entity that is an eligible entity, directly submits an application for a grant under subtitle C to the Secretary, and, if 

awarded such grant, receives such grant directly from the Secretary. 

‘‘(25) SPONSOR-BASED.—The term ‘sponsor-based’ means, 

with respect to rental assistance, that the assistance is provided 

pursuant to a contract that— 

‘‘(A) is between— 

‘‘(i) the recipient or a project sponsor; and 

‘‘(ii) an independent entity that— 

‘‘(I) is a private organization; and 

‘‘(II) owns or leases dwelling units; and 

‘‘(B) provides that rental assistance payments shall 

be made to the independent entity and that eligible persons 

shall occupy such assisted units. 

‘‘(26) STATE.—Except as used in subtitle B, the term ‘State’ 

means each of the several States, the District of Columbia, 

the Commonwealth of Puerto Rico, the United States Virgin 

Islands, Guam, American Samoa, the Commonwealth of the 

Northern Mariana Islands, the Trust Territory of the Pacific 

Islands, and any other territory or possession of the United 

States. 

‘‘(27) SUPPORTIVE SERVICES.—The term ‘supportive services’ 

means services that address the special needs of people served 

by a project, including— 

‘‘(A) the establishment and operation of a child care 

services program for families experiencing homelessness; 

‘‘(B) the establishment and operation of an employment 

assistance program, including providing job training; 

‘‘(C) the provision of outpatient health services, food, 

and case management; 

‘‘(D) the provision of assistance in obtaining permanent 

housing, employment counseling, and nutritional counseling; 

‘‘(E) the provision of outreach services, advocacy, life 

skills training, and housing search and counseling services; 

‘‘(F) the provision of mental health services, trauma 

counseling, and victim services; 

‘‘(G) the provision of assistance in obtaining other Federal, State, and local assistance available for residents 

of supportive housing (including mental health benefits, 

employment counseling, and medical assistance, but not 

including major medical equipment); 

‘‘(H) the provision of legal services for purposes 

including requesting reconsiderations and appeals of veterans and public benefit claim denials and resolving outstanding warrants that interfere with an individual’s 

ability to obtain and retain housing; 

‘‘(I) the provision of— 

‘‘(i) transportation services that facilitate an 

individual’s ability to obtain and maintain employment; 

and 

‘‘(ii) health care; and 

‘‘(J) other supportive services necessary to obtain and 

maintain housing. 


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‘‘(28) TENANT-BASED.—The term ‘tenant-based’ means, with 

respect to rental assistance, assistance that— 

‘‘(A) allows an eligible person to select a housing unit 

in which such person will live using rental assistance provided under subtitle C, except that if necessary to assure 

that the provision of supportive services to a person participating in a program is feasible, a recipient or project 

sponsor may require that the person live— 

‘‘(i) in a particular structure or unit for not more 

than the first year of the participation; 

‘‘(ii) within a particular geographic area for the 

full period of the participation, or the period remaining 

after the period referred to in subparagraph (A); and 

‘‘(B) provides that a person may receive such assistance 

and move to another structure, unit, or geographic area 

if the person has complied with all other obligations of 

the program and has moved out of the assisted dwelling 

unit in order to protect the health or safety of an individual 

who is or has been the victim of domestic violence, dating 

violence, sexual assault, or stalking, and who reasonably 

believed he or she was imminently threatened by harm 

from further violence if he or she remained in the assisted 

dwelling unit. 

‘‘(29) TRANSITIONAL HOUSING.—The term ‘transitional 

housing’ means housing the purpose of which is to facilitate 

the movement of individuals and families experiencing 

homelessness to permanent housing within 24 months or such 

longer period as the Secretary determines necessary. 

‘‘(30) UNIFIED FUNDING AGENCY.—The term ‘unified funding 

agency’ means a collaborative applicant that performs the 

duties described in section 402(g). 

‘‘(31) UNDERSERVED POPULATIONS.—The term ‘underserved 

populations’ includes populations underserved because of 

geographic location, underserved racial and ethnic populations, 

populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any 

other population determined to be underserved by the Secretary, as appropriate. 

‘‘(32) VICTIM SERVICE PROVIDER.—The term ‘victim service 

provider’ means a private nonprofit organization whose primary 

mission is to provide services to victims of domestic violence, 

dating violence, sexual assault, or stalking. Such term includes 

rape crisis centers, battered women’s shelters, domestic violence 

transitional housing programs, and other programs. 

‘‘(33) VICTIM SERVICES.—The term ‘victim services’ means 

services that assist domestic violence, dating violence, sexual 

assault, or stalking victims, including services offered by rape 

crisis centers and domestic violence shelters, and other 

organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or 

stalking.’’. 

SEC. 1102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS. 

Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended by inserting after 

section 401 (as added by section 1101(3) of this division) the following new section: 


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‘‘SEC. 402. COLLABORATIVE APPLICANTS. 

‘‘(a) ESTABLISHMENT AND DESIGNATION.—A collaborative 

applicant shall be established for a geographic area by the relevant 

parties in that geographic area to— 

‘‘(1) submit an application for amounts under this subtitle; 

and 

‘‘(2) perform the duties specified in subsection (f) and, if 

applicable, subsection (g). 

‘‘(b) NO REQUIREMENT TO BE A LEGAL ENTITY.—An entity may 

be established to serve as a collaborative applicant under this 

section without being a legal entity. 

‘‘(c) REMEDIAL ACTION.—If the Secretary finds that a collaborative applicant for a geographic area does not meet the requirements of this section, or if there is no collaborative applicant for 

a geographic area, the Secretary may take remedial action to ensure 

fair distribution of grant amounts under subtitle C to eligible entities within that area. Such measures may include designating 

another body as a collaborative applicant, or permitting other 

eligible entities to apply directly for grants. 

‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed 

to displace conflict of interest or government fair practices laws, 

or their equivalent, that govern applicants for grant amounts under 

subtitles B and C. 

‘‘(e) APPOINTMENT OF AGENT.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), a collaborative 

applicant may designate an agent to— 

‘‘(A) apply for a grant under section 422(c); 

‘‘(B) receive and distribute grant funds awarded under 

subtitle C; and 

‘‘(C) perform other administrative duties. 

‘‘(2) RETENTION OF DUTIES.—Any collaborative applicant 

that designates an agent pursuant to paragraph (1) shall 

regardless of such designation retain all of its duties and 

responsibilities under this title. 

‘‘(f) DUTIES.—A collaborative applicant shall— 

‘‘(1) design a collaborative process for the development of 

an application under subtitle C, and for evaluating the outcomes 

of projects for which funds are awarded under subtitle B, in 

such a manner as to provide information necessary for the 

Secretary— 

‘‘(A) to determine compliance with— 

‘‘(i) the program requirements under section 426; 

and 

‘‘(ii) the selection criteria described under section 

427; and 

‘‘(B) to establish priorities for funding projects in the 

geographic area involved; 

‘‘(2) participate in the Consolidated Plan for the geographic 

area served by the collaborative applicant; and 

‘‘(3) ensure operation of, and consistent participation by, 

project sponsors in a community-wide homeless management 

information system (in this subsection referred to as ‘HMIS’) 

that— 

‘‘(A) collects unduplicated counts of individuals and 

families experiencing homelessness; 

‘‘(B) analyzes patterns of use of assistance provided 

under subtitles B and C for the geographic area involved; 

42 USC 11360a. 


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‘‘(C) provides information to project sponsors and 

applicants for needs analyses and funding priorities; and 

‘‘(D) is developed in accordance with standards established by the Secretary, including standards that provide 

for— 

‘‘(i) encryption of data collected for purposes of 

HMIS; 

‘‘(ii) documentation, including keeping an accurate 

accounting, proper usage, and disclosure, of HMIS 

data; 

‘‘(iii) access to HMIS data by staff, contractors, 

law enforcement, and academic researchers; 

‘‘(iv) rights of persons receiving services under this 

title; 

‘‘(v) criminal and civil penalties for unlawful disclosure of data; and 

‘‘(vi) such other standards as may be determined 

necessary by the Secretary. 

‘‘(g) UNIFIED FUNDING.— 

‘‘(1) IN GENERAL.—In addition to the duties described in 

subsection (f), a collaborative applicant shall receive from the 

Secretary and distribute to other project sponsors in the 

applicable geographic area funds for projects to be carried out 

by such other project sponsors, if— 

‘‘(A) the collaborative applicant— 

‘‘(i) applies to undertake such collection and distribution responsibilities in an application submitted 

under this subtitle; and 

‘‘(ii) is selected to perform such responsibilities 

by the Secretary; or 

‘‘(B) the Secretary designates the collaborative 

applicant as the unified funding agency in the geographic 

area, after— 

‘‘(i) a finding by the Secretary that the applicant— 

‘‘(I) has the capacity to perform such responsibilities; and 

‘‘(II) would serve the purposes of this Act as 

they apply to the geographic area; and 

‘‘(ii) the Secretary provides the collaborative 

applicant with the technical assistance necessary to 

perform such responsibilities as such assistance is 

agreed to by the collaborative applicant. 

‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUNDING AGENCY.— 

A collaborative applicant that is either selected or designated 

as a unified funding agency for a geographic area under paragraph (1) shall— 

‘‘(A) require each project sponsor who is funded by 

a grant received under subtitle C to establish such fiscal 

control and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting 

for, Federal funds awarded to the project sponsor under 

subtitle C in order to ensure that all financial transactions 

carried out under subtitle C are conducted, and records 

maintained, in accordance with generally accepted 

accounting principles; and 

‘‘(B) arrange for an annual survey, audit, or evaluation 

of the financial records of each project carried out by a 


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project sponsor funded by a grant received under subtitle 

C. 

‘‘(h) CONFLICT OF INTEREST.—No board member of a collaborative applicant may participate in decisions of the collaborative 

applicant concerning the award of a grant, or provision of other 

financial benefits, to such member or the organization that such 

member represents.’’. 

SEC. 1103. GENERAL PROVISIONS. 

Subtitle A of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11361 et seq.) is amended by inserting after section 

403 (as so redesignated by section 1101(2) of this division) the 

following new sections: 

‘‘SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION. 

‘‘(a) IN GENERAL.—After the expiration of the 2-year period 

that begins upon the date of the enactment of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, 

and except as provided in subsection (b), any project sponsor 

receiving funds under this title to provide emergency shelter, transitional housing, or permanent housing to families with children 

under age 18 shall not deny admission to any family based on 

the age of any child under age 18. 

‘‘(b) EXCEPTION.—Notwithstanding the requirement under subsection (a), project sponsors of transitional housing receiving funds 

under this title may target transitional housing resources to families 

with children of a specific age only if the project sponsor— 

‘‘(1) operates a transitional housing program that has a 

primary purpose of implementing an evidence-based practice 

that requires that housing units be targeted to families with 

children in a specific age group; and 

‘‘(2) provides such assurances, as the Secretary shall 

require, that an equivalent appropriate alternative living 

arrangement for the whole family or household unit has been 

secured. 

‘‘SEC. 405. TECHNICAL ASSISTANCE. 

‘‘(a) IN GENERAL.—The Secretary shall make available technical 

assistance to private nonprofit organizations and other nongovernmental entities, States, metropolitan cities, urban counties, and 

counties that are not urban counties, to implement effective planning processes for preventing and ending homelessness, to improve 

their capacity to prepare collaborative applications, to prevent the 

separation of families in emergency shelter or other housing programs, and to adopt and provide best practices in housing and 

services for persons experiencing homeless. 

‘‘(b) RESERVATION.—The Secretary shall reserve not more than 

1 percent of the funds made available for any fiscal year for carrying 

out subtitles B and C, to provide technical assistance under subsection (a).’’. 

SEC. 1104. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION 

BY VICTIM SERVICE PROVIDERS. 

Subtitle A of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11361 et seq.), as amended by the preceding provisions 

of this title, is further amended by adding at the end the following 

new section: 

42 USC 11361b. 

Time period. 

42 USC 11361a. 


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‘‘SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION 

BY VICTIM SERVICE PROVIDERS. 

‘‘In the course of awarding grants or implementing programs 

under this title, the Secretary shall instruct any victim service 

provider that is a recipient or subgrantee not to disclose for purposes 

of the Homeless Management Information System any personally 

identifying information about any client. The Secretary may, after 

public notice and comment, require or ask such recipients and 

subgrantees to disclose for purposes of the Homeless Management 

Information System non-personally identifying information that has 

been de-identified, encrypted, or otherwise encoded. Nothing in 

this section shall be construed to supersede any provision of any 

Federal, State, or local law that provides greater protection than 

this subsection for victims of domestic violence, dating violence, 

sexual assault, or stalking.’’. 

SEC. 1105. AUTHORIZATION OF APPROPRIATIONS. 

Subtitle A of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11361 et seq.), as amended by the preceding provisions 

of this title, is further amended by adding at the end the following 

new section: 

‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this title $2,200,000,000 for fiscal year 2010 and such sums as may 

be necessary for fiscal year 2011.’’. 

TITLE II—EMERGENCY SOLUTIONS 

GRANTS PROGRAM 

SEC. 1201. GRANT ASSISTANCE. 

Subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.) is amended— 

(1) by striking the subtitle heading and inserting the following: 

‘‘Subtitle B—Emergency Solutions Grants 

Program’’; 

(2) by striking section 417 (42 U.S.C. 11377); 

(3) by redesignating sections 413 through 416 (42 U.S.C. 

11373–6) as sections 414 through 417, respectively; and 

(4) by striking section 412 (42 U.S.C. 11372) and inserting 

the following: 

‘‘SEC. 412. GRANT ASSISTANCE. 

‘‘The Secretary shall make grants to States and local governments (and to private nonprofit organizations providing assistance 

to persons experiencing homelessness or at risk of homelessness, 

in the case of grants made with reallocated amounts) for the purpose 

of carrying out activities described in section 415. 

‘‘SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE. 

‘‘(a) IN GENERAL.—Of the amount made available to carry out 

this subtitle and subtitle C for a fiscal year, the Secretary shall 

42 USC 11372a. 

42 USC 11364. 

42 USC 11363. 


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PUBLIC LAW 111–22—MAY 20, 2009 123 STAT. 1679 

allocate nationally 20 percent of such amount for activities described 

in section 415. The Secretary shall be required to certify that 

such allocation will not adversely affect the renewal of existing 

projects under this subtitle and subtitle C for those individuals 

or families who are homeless. 

‘‘(b) ALLOCATION.—An entity that receives a grant under section 

412, and serves an area that includes 1 or more geographic areas 

(or portions of such areas) served by collaborative applicants that 

submit applications under subtitle C, shall allocate the funds made 

available through the grant to carry out activities described in 

section 415, in consultation with the collaborative applicants.’’; and 

(5) in section 414(b) (42 U.S.C. 11373(b)), as so redesignated 

by paragraph (3) of this section, by striking ‘‘amounts appropriated’’ and all that follows through ‘‘for any’’ and inserting 

‘‘amounts appropriated under section 408 and made available 

to carry out this subtitle for any’’. 

SEC. 1202. ELIGIBLE ACTIVITIES. 

The McKinney-Vento Homeless Assistance Act is amended by 

striking section 415 (42 U.S.C. 11374), as so redesignated by section 

1201(3) of this division, and inserting the following new section: 

‘‘SEC. 415. ELIGIBLE ACTIVITIES. 

‘‘(a) IN GENERAL.—Assistance provided under section 412 may 

be used for the following activities: 

‘‘(1) The renovation, major rehabilitation, or conversion 

of buildings to be used as emergency shelters. 

‘‘(2) The provision of essential services related to emergency 

shelter or street outreach, including services concerned with 

employment, health, education, family support services for 

homeless youth, substance abuse services, victim services, or 

mental health services, if— 

‘‘(A) such essential services have not been provided 

by the local government during any part of the immediately 

preceding 12-month period or the Secretary determines 

that the local government is in a severe financial deficit; 

or 

‘‘(B) the use of assistance under this subtitle would 

complement the provision of those essential services. 

‘‘(3) Maintenance, operation, insurance, provision of utilities, and provision of furnishings related to emergency shelter. 

‘‘(4) Provision of rental assistance to provide short-term 

or medium-term housing to homeless individuals or families 

or individuals or families at risk of homelessness. Such rental 

assistance may include tenant-based or project-based rental 

assistance. 

‘‘(5) Housing relocation or stabilization services for homeless individuals or families or individuals or families at risk 

of homelessness, including housing search, mediation or outreach to property owners, legal services, credit repair, providing 

security or utility deposits, utility payments, rental assistance 

for a final month at a location, assistance with moving costs, 

or other activities that are effective at— 

‘‘(A) stabilizing individuals and families in their current housing; or 

‘‘(B) quickly moving such individuals and families to 

other permanent housing. 

Certification. 


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‘‘(b) MAXIMUM ALLOCATION FOR EMERGENCY SHELTER ACTIVI- TIES.—A grantee of assistance provided under section 412 for any 

fiscal year may not use an amount of such assistance for activities 

described in paragraphs (1) through (3) of subsection (a) that 

exceeds the greater of— 

‘‘(1) 60 percent of the aggregate amount of such assistance 

provided for the grantee for such fiscal year; or 

‘‘(2) the amount expended by such grantee for such activities during fiscal year most recently completed before the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009.’’. 

SEC. 1203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION 

SYSTEM. 

Section 416 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11375), as so redesignated by section 1201(3) of this 

division, is amended by adding at the end the following new subsection: 

‘‘(f) PARTICIPATION IN HMIS.—The Secretary shall ensure that 

recipients of funds under this subtitle ensure the consistent participation by emergency shelters and homelessness prevention and 

rehousing programs in any applicable community-wide homeless 

management information system.’’. 

SEC. 1204. ADMINISTRATIVE PROVISION. 

Section 418 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11378) is amended by striking ‘‘5 percent’’ and inserting 

‘‘7.5 percent’’. 

SEC. 1205. GAO STUDY OF ADMINISTRATIVE FEES. 

Not later than the expiration of the 12-month period beginning 

on the date of the enactment of this division, the Comptroller 

General of the United States shall— 

(1) conduct a study to examine the appropriate administrative costs for administering the program authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11371 et seq.); and 

(2) submit to Congress a report on the findings of the 

study required under paragraph (1). 

TITLE III—CONTINUUM OF CARE 

PROGRAM 

SEC. 1301. CONTINUUM OF CARE. 

The McKinney-Vento Homeless Assistance Act is amended— 

(1) by striking the subtitle heading for subtitle C of title 

IV (42 U.S.C. 11381 et seq.) and inserting the following: 

‘‘Subtitle C—Continuum of Care Program’’; 

and 

(2) by striking sections 421 and 422 (42 U.S.C. 11381 

and 11382) and inserting the following new sections: 

Homeless. 

Grants. 

Reports. 

Deadline. 


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‘‘SEC. 421. PURPOSES. 

‘‘The purposes of this subtitle are— 

‘‘(1) to promote community-wide commitment to the goal 

of ending homelessness; 

‘‘(2) to provide funding for efforts by nonprofit providers 

and State and local governments to quickly rehouse homeless 

individuals and families while minimizing the trauma and dislocation caused to individuals, families, and communities by 

homelessness; 

‘‘(3) to promote access to, and effective utilization of, mainstream programs described in section 203(a)(7) and programs 

funded with State or local resources; and 

‘‘(4) to optimize self-sufficiency among individuals and families experiencing homelessness. 

‘‘SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS. 

‘‘(a) PROJECTS.—The Secretary shall award grants, on a 

competitive basis, and using the selection criteria described in section 427, to carry out eligible activities under this subtitle for 

projects that meet the program requirements under section 426, 

either by directly awarding funds to project sponsors or by awarding 

funds to unified funding agencies. 

‘‘(b) NOTIFICATION OF FUNDING AVAILABILITY.—The Secretary 

shall release a notification of funding availability for grants awarded 

under this subtitle for a fiscal year not later than 3 months after 

the date of the enactment of the appropriate Act making appropriations for the Department of Housing and Urban Development for 

such fiscal year. 

‘‘(c) APPLICATIONS.— 

‘‘(1) SUBMISSION TO THE SECRETARY.—To be eligible to 

receive a grant under subsection (a), a project sponsor or unified 

funding agency in a geographic area shall submit an application 

to the Secretary at such time and in such manner as the 

Secretary may require, and containing such information as 

the Secretary determines necessary— 

‘‘(A) to determine compliance with the program requirements and selection criteria under this subtitle; and 

‘‘(B) to establish priorities for funding projects in the 

geographic area. 

‘‘(2) ANNOUNCEMENT OF AWARDS.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Secretary shall announce, within 5 months after 

the last date for the submission of applications described 

in this subsection for a fiscal year, the grants conditionally 

awarded under subsection (a) for that fiscal year. 

‘‘(B) TRANSITION.—For a period of up to 2 years beginning after the effective date under section 1503 of the 

Homeless Emergency Assistance and Rapid Transition to 

Housing Act of 2009, the Secretary shall announce, within 

6 months after the last date for the submission of applications described in this subsection for a fiscal year, the 

grants conditionally awarded under subsection (a) for that 

fiscal year. 

‘‘(d) OBLIGATION, DISTRIBUTION, AND UTILIZATION OF FUNDS.— 

‘‘(1) REQUIREMENTS FOR OBLIGATION.— 

‘‘(A) IN GENERAL.—Not later than 9 months after the 

announcement referred to in subsection (c)(2), each 

Deadline. 

Time period. 

Deadline. 

Deadline. 

42 USC 11382. 

42 USC 11381. 


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recipient or project sponsor shall meet all requirements 

for the obligation of those funds, including site control, 

matching funds, and environmental review requirements, 

except as provided in subparagraphs (B) and (C). 

‘‘(B) ACQUISITION, REHABILITATION, OR CONSTRUC- TION.—Not later than 24 months after the announcement 

referred to in subsection (c)(2), each recipient or project 

sponsor seeking the obligation of funds for acquisition of 

housing, rehabilitation of housing, or construction of new 

housing for a grant announced under subsection (c)(2) shall 

meet all requirements for the obligation of those funds, 

including site control, matching funds, and environmental 

review requirements. 

‘‘(C) EXTENSIONS.—At the discretion of the Secretary, 

and in compelling circumstances, the Secretary may extend 

the date by which a recipient or project sponsor shall 

meet the requirements described in subparagraphs (A) and 

(B) if the Secretary determines that compliance with the 

requirements was delayed due to factors beyond the reasonable control of the recipient or project sponsor. Such factors 

may include difficulties in obtaining site control for a proposed project, completing the process of obtaining secure 

financing for the project, obtaining approvals from State 

or local governments, or completing the technical submission requirements for the project. 

‘‘(2) OBLIGATION.—Not later than 45 days after a recipient 

or project sponsor meets the requirements described in paragraph (1), the Secretary shall obligate the funds for the grant 

involved. 

‘‘(3) DISTRIBUTION.—A recipient that receives funds through 

such a grant— 

‘‘(A) shall distribute the funds to project sponsors (in 

advance of expenditures by the project sponsors); and 

‘‘(B) shall distribute the appropriate portion of the 

funds to a project sponsor not later than 45 days after 

receiving a request for such distribution from the project 

sponsor. 

‘‘(4) EXPENDITURE OF FUNDS.—The Secretary may establish 

a date by which funds made available through a grant 

announced under subsection (c)(2) for a homeless assistance 

project shall be entirely expended by the recipient or project 

sponsors involved. The date established under this paragraph 

shall not occur before the expiration of the 24-month period 

beginning on the date that funds are obligated for activities 

described under paragraphs (1) or (2) of section 423(a). The 

Secretary shall recapture the funds not expended by such date. 

The Secretary shall reallocate the funds for another homeless 

assistance and prevention project that meets the requirements 

of this subtitle to be carried out, if possible and appropriate, 

in the same geographic area as the area served through the 

original grant. 

‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL APPLICANTS.—The 

Secretary may renew funding for a specific project previously funded 

under this subtitle that the Secretary determines meets the purposes of this subtitle, and was included as part of a total application 

that met the criteria of subsection (c), even if the application was 

not selected to receive grant assistance. The Secretary may renew 

Time period. 

Deadline. 

Deadline. 

Deadline. 


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the funding for a period of not more than 1 year, and under 

such conditions as the Secretary determines to be appropriate. 

‘‘(f) CONSIDERATIONS IN DETERMINING RENEWAL FUNDING.— 

When providing renewal funding for leasing, operating costs, or 

rental assistance for permanent housing, the Secretary shall make 

adjustments proportional to increases in the fair market rents in 

the geographic area. 

‘‘(g) MORE THAN 1 APPLICATION FOR A GEOGRAPHIC AREA.— If more than 1 collaborative applicant applies for funds for a 

geographic area, the Secretary shall award funds to the collaborative applicant with the highest score based on the selection criteria set forth in section 427. 

‘‘(h) APPEALS.— ‘‘(1) IN GENERAL.—The Secretary shall establish a timely 

appeal procedure for grant amounts awarded or denied under 

this subtitle pursuant to a collaborative application or solo 

application for funding. 

‘‘(2) PROCESS.—The Secretary shall ensure that the procedure permits appeals submitted by entities carrying out homeless housing and services projects (including emergency shelters 

and homelessness prevention programs), and all other 

applicants under this subtitle. 

‘‘(i) SOLO APPLICANTS.—A solo applicant may submit an application to the Secretary for a grant under subsection (a) and be 

awarded such grant on the same basis as such grants are awarded 

to other applicants based on the criteria described in section 427, 

but only if the Secretary determines that the solo applicant has 

attempted to participate in the continuum of care process but was 

not permitted to participate in a reasonable manner. The Secretary 

may award such grants directly to such applicants in a manner 

determined to be appropriate by the Secretary. 

‘‘(j) FLEXIBILITY TO SERVE PERSONS DEFINED AS HOMELESS

UNDER OTHER FEDERAL LAWS.— 

‘‘(1) IN GENERAL.—A collaborative applicant may use not 

more than 10 percent of funds awarded under this subtitle 

(continuum of care funding) for any of the types of eligible 

activities specified in paragraphs (1) through (7) of section 

423(a) to serve families with children and youth defined as 

homeless under other Federal statutes, or homeless families 

with children and youth defined as homeless under section 

103(a)(6), but only if the applicant demonstrates that the use 

of such funds is of an equal or greater priority or is equally 

or more cost effective in meeting the overall goals and objectives 

of the plan submitted under section 427(b)(1)(B), especially 

with respect to children and unaccompanied youth. 

‘‘(2) LIMITATIONS.—The 10 percent limitation under paragraph (1) shall not apply to collaborative applicants in which 

the rate of homelessness, as calculated in the most recent 

point in time count, is less than one-tenth of 1 percent of 

total population. 

‘‘(3) TREATMENT OF CERTAIN POPULATIONS.— ‘‘(A) IN GENERAL.—Notwithstanding section 103(a) and 

subject to subparagraph (B), funds awarded under this 

subtitle may be used for eligible activities to serve unaccompanied youth and homeless families and children defined 

as homeless under section 103(a)(6) only pursuant to paragraph (1) of this subsection and such families and children 

Procedures. 


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123 STAT. 1684 PUBLIC LAW 111–22—MAY 20, 2009 

shall not otherwise be considered as homeless for purposes 

of this subtitle. 

‘‘(B) AT RISK OF HOMELESSNESS.—Subparagraph (A) 

may not be construed to prevent any unaccompanied youth 

and homeless families and children defined as homeless 

under section 103(a)(6) from qualifying for, and being 

treated for purposes of this subtitle as, at risk of homelessness or from eligibility for any projects, activities, or services carried out using amounts provided under this subtitle 

for which individuals or families that are at risk of 

homelessness are eligible.’’. 

SEC. 1302. ELIGIBLE ACTIVITIES. 

The McKinney-Vento Homeless Assistance Act is amended by 

striking section 423 (42 U.S.C. 11383) and inserting the following 

new section: 

‘‘SEC. 423. ELIGIBLE ACTIVITIES. 

‘‘(a) IN GENERAL.—Grants awarded under section 422 to qualified applicants shall be used to carry out projects that serve homeless individuals or families that consist of one or more of the 

following eligible activities: 

‘‘(1) Construction of new housing units to provide transitional or permanent housing. 

‘‘(2) Acquisition or rehabilitation of a structure to provide 

transitional or permanent housing, other than emergency 

shelter, or to provide supportive services. 

‘‘(3) Leasing of property, or portions of property, not owned 

by the recipient or project sponsor involved, for use in providing 

transitional or permanent housing, or providing supportive 

services. 

‘‘(4) Provision of rental assistance to provide transitional 

or permanent housing to eligible persons. The rental assistance 

may include tenant-based, project-based, or sponsor-based 

rental assistance. Project-based rental assistance, sponsorbased rental assistance, and operating cost assistance contracts 

carried out by project sponsors receiving grants under this 

section may, at the discretion of the applicant and the project 

sponsor, have an initial term of 15 years, with assistance for 

the first 5 years paid with funds authorized for appropriation 

under this Act, and assistance for the remainder of the term 

treated as a renewal of an expiring contract as provided in 

section 429. Project-based rental assistance may include rental 

assistance to preserve existing permanent supportive housing 

for homeless individuals and families. 

‘‘(5) Payment of operating costs for housing units assisted 

under this subtitle or for the preservation of housing that 

will serve homeless individuals and families and for which 

another form of assistance is expiring or otherwise no longer 

available. 

‘‘(6) Supportive services for individuals and families who 

are currently homeless, who have been homeless in the prior 

six months but are currently residing in permanent housing, 

or who were previously homeless and are currently residing 

in permanent supportive housing. 

‘‘(7) Provision of rehousing services, including housing 

search, mediation or outreach to property owners, credit repair, 

providing security or utility deposits, rental assistance for a 


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final month at a location, assistance with moving costs, or 

other activities that— 

‘‘(A) are effective at moving homeless individuals and 

families immediately into housing; or 

‘‘(B) may benefit individuals and families who in the 

prior 6 months have been homeless, but are currently 

residing in permanent housing. 

‘‘(8) In the case of a collaborative applicant that is a legal 

entity, performance of the duties described under section 

402(f)(3). 

‘‘(9) Operation of, participation in, and ensuring consistent 

participation by project sponsors in, a community-wide homeless management information system. 

‘‘(10) In the case of a collaborative applicant that is a 

legal entity, payment of administrative costs related to meeting 

the requirements described in paragraphs (1) and (2) of section 

402(f), for which the collaborative applicant may use not more 

than 3 percent of the total funds made available in the 

geographic area under this subtitle for such costs. 

‘‘(11) In the case of a collaborative applicant that is a 

unified funding agency under section 402(g), payment of 

administrative costs related to meeting the requirements of 

that section, for which the unified funding agency may use 

not more than 3 percent of the total funds made available 

in the geographic area under this subtitle for such costs, in 

addition to funds used under paragraph (10). 

‘‘(12) Payment of administrative costs to project sponsors, 

for which each project sponsor may use not more than 10 

percent of the total funds made available to that project sponsor 

through this subtitle for such costs. 

‘‘(b) MINIMUM GRANT TERMS.—The Secretary may impose minimum grant terms of up to 5 years for new projects providing 

permanent housing. 

‘‘(c) USE RESTRICTIONS.— 

‘‘(1) ACQUISITION, REHABILITATION, AND NEW CONSTRUC- TION.—A project that consists of activities described in paragraph (1) or (2) of subsection (a) shall be operated for the 

purpose specified in the application submitted for the project 

under section 422 for not less than 15 years. 

‘‘(2) OTHER ACTIVITIES.—A project that consists of activities 

described in any of paragraphs (3) through (12) of subsection 

(a) shall be operated for the purpose specified in the application 

submitted for the project under section 422 for the duration 

of the grant period involved. 

‘‘(3) CONVERSION.—If the recipient or project sponsor carrying out a project that provides transitional or permanent 

housing submits a request to the Secretary to carry out instead 

a project for the direct benefit of low-income persons, and 

the Secretary determines that the initial project is no longer 

needed to provide transitional or permanent housing, the Secretary may approve the project described in the request and 

authorize the recipient or project sponsor to carry out that 

project. 

‘‘(d) REPAYMENT OF ASSISTANCE AND PREVENTION OF UNDUE

BENEFITS.— 

‘‘(1) REPAYMENT.—If a recipient or project sponsor receives 

assistance under section 422 to carry out a project that consists 

Time period. 

Time period. 


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123 STAT. 1686 PUBLIC LAW 111–22—MAY 20, 2009 

of activities described in paragraph (1) or (2) of subsection 

(a) and the project ceases to provide transitional or permanent 

housing— 

‘‘(A) earlier than 10 years after operation of the project 

begins, the Secretary shall require the recipient or project 

sponsor to repay 100 percent of the assistance; or 

‘‘(B) not earlier than 10 years, but earlier than 15 

years, after operation of the project begins, the Secretary 

shall require the recipient or project sponsor to repay 20 

percent of the assistance for each of the years in the 15- 

year period for which the project fails to provide that 

housing. 

‘‘(2) PREVENTION OF UNDUE BENEFITS.—Except as provided 

in paragraph (3), if any property is used for a project that 

receives assistance under subsection (a) and consists of activities described in paragraph (1) or (2) of subsection (a), and 

the sale or other disposition of the property occurs before the 

expiration of the 15-year period beginning on the date that 

operation of the project begins, the recipient or project sponsor 

who received the assistance shall comply with such terms and 

conditions as the Secretary may prescribe to prevent the 

recipient or project sponsor from unduly benefitting from such 

sale or disposition. 

‘‘(3) EXCEPTION.—A recipient or project sponsor shall not 

be required to make the repayments, and comply with the 

terms and conditions, required under paragraph (1) or (2) if— 

‘‘(A) the sale or disposition of the property used for 

the project results in the use of the property for the direct 

benefit of very low-income persons; 

‘‘(B) all of the proceeds of the sale or disposition are 

used to provide transitional or permanent housing meeting 

the requirements of this subtitle; 

‘‘(C) project-based rental assistance or operating cost 

assistance from any Federal program or an equivalent State 

or local program is no longer made available and the project 

is meeting applicable performance standards, provided that 

the portion of the project that had benefitted from such 

assistance continues to meet the tenant income and rent 

restrictions for low-income units under section 42(g) of 

the Internal Revenue Code of 1986; or 

‘‘(D) there are no individuals and families in the 

geographic area who are homeless, in which case the project 

may serve individuals and families at risk of homelessness. 

‘‘(e) STAFF TRAINING.—The Secretary may allow reasonable 

costs associated with staff training to be included as part of the 

activities described in subsection (a). 

‘‘(f) ELIGIBILITY FOR PERMANENT HOUSING.—Any project that 

receives assistance under subsection (a) and that provides projectbased or sponsor-based permanent housing for homeless individuals 

or families with a disability, including projects that meet the 

requirements of subsection (a) and subsection (d)(2)(A) of section 

428 may also serve individuals who had previously met the requirements for such project prior to moving into a different permanent 

housing project. 

‘‘(g) ADMINISTRATION OF RENTAL ASSISTANCE.—Provision of 

permanent housing rental assistance shall be administered by a 

State, unit of general local government, or public housing agency.’’. 

Time period. 


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SEC. 1303. HIGH PERFORMING COMMUNITIES. 

The McKinney-Vento Homeless Assistance Act is amended by 

striking section 424 (42 U.S.C. 11384) and inserting the following: 

‘‘SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMUNITIES. 

‘‘(a) DESIGNATION AS A HIGH-PERFORMING COMMUNITY.— ‘‘(1) IN GENERAL.—The Secretary shall designate, on an 

annual basis, which collaborative applicants represent highperforming communities. 

‘‘(2) CONSIDERATION.—In determining whether to designate 

a collaborative applicant as a high-performing community under 

paragraph (1), the Secretary shall establish criteria to ensure 

that the requirements described under paragraphs (1)(B) and 

(2)(B) of subsection (d) are measured by comparing homeless 

individuals and families under similar circumstances, in order 

to encourage projects in the geographic area to serve homeless 

individuals and families with more severe barriers to housing 

stability. 

‘‘(3) 2-YEAR PHASE IN.—In each of the first 2 years after 

the effective date under section 1503 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, 

the Secretary shall designate not more than 10 collaborative 

applicants as high-performing communities. 

‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—If, during the 2- 

year period described under paragraph (2), more than 10 

collaborative applicants could qualify to be designated as highperforming communities, the Secretary shall designate the 10 

that have, in the discretion of the Secretary, the best performance based on the criteria described under subsection (d). 

‘‘(5) TIME LIMIT ON DESIGNATION.—The designation of any 

collaborative applicant as a high-performing community under 

this subsection shall be effective only for the year in which 

such designation is made. The Secretary, on an annual basis, 

may renew any such designation. 

‘‘(b) APPLICATION.— 

‘‘(1) IN GENERAL.—A collaborative applicant seeking designation as a high-performing community under subsection (a) 

shall submit an application to the Secretary at such time, 

and in such manner as the Secretary may require. 

‘‘(2) CONTENT OF APPLICATION.—In any application submitted under paragraph (1), a collaborative applicant shall 

include in such application— 

‘‘(A) a report showing how any money received under 

this subtitle in the preceding year was expended; and 

‘‘(B) information that such applicant can meet the 

requirements described under subsection (d). 

‘‘(3) PUBLICATION OF APPLICATION.—The Secretary shall— 

‘‘(A) publish any report or information submitted in 

an application under this section in the geographic area 

represented by the collaborative applicant; and 

‘‘(B) seek comments from the public as to whether 

the collaborative applicant seeking designation as a highperforming community meets the requirements described 

under subsection (d). 

‘‘(c) USE OF FUNDS.—Funds awarded under section 422(a) to 

a project sponsor who is located in a high-performing community 

may be used— 

Reports. 

Reports. 

Criteria. 


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123 STAT. 1688 PUBLIC LAW 111–22—MAY 20, 2009 

‘‘(1) for any of the eligible activities described in section 

423; or 

‘‘(2) for any of the eligible activities described in paragraphs 

(4) and (5) of section 415(a). 

‘‘(d) DEFINITION OF HIGH-PERFORMING COMMUNITY.—For purposes of this section, the term ‘high-performing community’ means 

a geographic area that demonstrates through reliable data that 

all five of the following requirements are met for that geographic 

area: 

‘‘(1) TERM OF HOMELESSNESS.—The mean length of episodes 

of homelessness for that geographic area— 

‘‘(A) is less than 20 days; or 

‘‘(B) for individuals and families in similar circumstances in the preceding year was at least 10 percent 

less than in the year before. 

‘‘(2) FAMILIES LEAVING HOMELESSNESS.—Of individuals and 

families— 

‘‘(A) who leave homelessness, fewer than 5 percent 

of such individuals and families become homeless again 

at any time within the next 2 years; or 

‘‘(B) in similar circumstances who leave homelessness, 

the percentage of such individuals and families who become 

homeless again within the next 2 years has decreased 

by at least 20 percent from the preceding year. 

‘‘(3) COMMUNITY ACTION.—The communities that compose 

the geographic area have— 

‘‘(A) actively encouraged homeless individuals and 

families to participate in homeless assistance services available in that geographic area; and 

‘‘(B) included each homeless individual or family who 

sought homeless assistance services in the data system 

used by that community for determining compliance with 

this subsection. 

‘‘(4) EFFECTIVENESS OF PREVIOUS ACTIVITIES.—If recipients 

in the geographic area have used funding awarded under section 422(a) for eligible activities described under section 415(a) 

in previous years based on the authority granted under subsection (c), that such activities were effective at reducing the 

number of individuals and families who became homeless in 

that community. 

‘‘(5) FLEXIBILITY TO SERVE PERSONS DEFINED AS HOMELESS

UNDER OTHER FEDERAL LAWS.—With respect to collaborative 

applicants exercising the authority under section 422(j) to serve 

homeless families with children and youth defined as homeless 

under other Federal statutes, effectiveness in achieving the 

goals and outcomes identified in subsection 427(b)(1)(F) 

according to such standards as the Secretary shall promulgate. 

‘‘(e) COOPERATION AMONG ENTITIES.—A collaborative applicant 

designated as a high-performing community under this section shall 

cooperate with the Secretary in distributing information about 

successful efforts within the geographic area represented by the 

collaborative applicant to reduce homelessness.’’. 

SEC. 1304. PROGRAM REQUIREMENTS. 

Section 426 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11386) is amended— 


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(1) by striking subsections (a), (b), and (c) and inserting 

the following: 

‘‘(a) SITE CONTROL.—The Secretary shall require that each 

application include reasonable assurances that the applicant will 

own or have control of a site for the proposed project not later 

than the expiration of the 12-month period beginning upon notification of an award for grant assistance, unless the application proposes providing supportive housing assistance under section 

423(a)(3) or housing that will eventually be owned or controlled 

by the families and individuals served. An applicant may obtain 

ownership or control of a suitable site different from the site specified in the application. If any recipient or project sponsor fails 

to obtain ownership or control of the site within 12 months after 

notification of an award for grant assistance, the grant shall be 

recaptured and reallocated under this subtitle. 

‘‘(b) REQUIRED AGREEMENTS.—The Secretary may not provide 

assistance for a proposed project under this subtitle unless the 

collaborative applicant involved agrees— 

‘‘(1) to ensure the operation of the project in accordance 

with the provisions of this subtitle; 

‘‘(2) to monitor and report to the Secretary the progress 

of the project; 

‘‘(3) to ensure, to the maximum extent practicable, that 

individuals and families experiencing homelessness are 

involved, through employment, provision of volunteer services, 

or otherwise, in constructing, rehabilitating, maintaining, and 

operating facilities for the project and in providing supportive 

services for the project; 

‘‘(4) to require certification from all project sponsors that— 

‘‘(A) they will maintain the confidentiality of records 

pertaining to any individual or family provided family 

violence prevention or treatment services through the 

project; 

‘‘(B) that the address or location of any family violence 

shelter project assisted under this subtitle will not be made 

public, except with written authorization of the person 

responsible for the operation of such project; 

‘‘(C) they will establish policies and practices that are 

consistent with, and do not restrict the exercise of rights 

provided by, subtitle B of title VII, and other laws relating 

to the provision of educational and related services to 

individuals and families experiencing homelessness; 

‘‘(D) in the case of programs that provide housing or 

services to families, they will designate a staff person to 

be responsible for ensuring that children being served in 

the program are enrolled in school and connected to appropriate services in the community, including early childhood 

programs such as Head Start, part C of the Individuals 

with Disabilities Education Act, and programs authorized 

under subtitle B of title VII of this Act (42 U.S.C. 11431 

et seq.); and 

‘‘(E) they will provide data and reports as required 

by the Secretary pursuant to the Act; 

‘‘(5) if a collaborative applicant is a unified funding agency 

under section 402(g) and receives funds under subtitle C to 

carry out the payment of administrative costs described in 

section 423(a)(11), to establish such fiscal control and fund 

Deadline. 

Time period. 


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accounting procedures as may be necessary to assure the proper 

disbursal of, and accounting for, such funds in order to ensure 

that all financial transactions carried out with such funds are 

conducted, and records maintained, in accordance with generally accepted accounting principles; 

‘‘(6) to monitor and report to the Secretary the provision 

of matching funds as required by section 430; 

‘‘(7) to take the educational needs of children into account 

when families are placed in emergency or transitional shelter 

and will, to the maximum extent practicable, place families 

with children as close as possible to their school of origin 

so as not to disrupt such children’s education; and 

‘‘(8) to comply with such other terms and conditions as 

the Secretary may establish to carry out this subtitle in an 

effective and efficient manner.’’; 

(2) by redesignating subsection (d) as subsection (c); 

(3) in the first sentence of subsection (c) (as so redesignated 

by paragraph (2) of this subsection), by striking ‘‘recipient’’ 

and inserting ‘‘recipient or project sponsor’’; 

(4) by striking subsection (e); 

(5) by redesignating subsections (f), (g), and (h), as subsections (d), (e), and (f), respectively; 

(6) in the first sentence of subsection (e) (as so redesignated 

by paragraph (5) of this section), by striking ‘‘recipient’’ each 

place it appears and inserting ‘‘recipient or project sponsor’’; 

(7) by striking subsection (i); and 

(8) by redesignating subsection (j) as subsection (g). 

SEC. 1305. SELECTION CRITERIA, ALLOCATION AMOUNTS, AND 

FUNDING. 

The McKinney-Vento Homeless Assistance Act is amended— 

(1) by repealing section 429 (42 U.S.C. 11389); and 

(2) by redesignating sections 427 and 428 (42 U.S.C. 11387, 

11388) as sections 432 and 433, respectively; and 

(3) by inserting after section 426 the following new sections: 

‘‘SEC. 427. SELECTION CRITERIA. 

‘‘(a) IN GENERAL.—The Secretary shall award funds to recipients through a national competition between geographic areas based 

on criteria established by the Secretary. 

‘‘(b) REQUIRED CRITERIA.— 

‘‘(1) IN GENERAL.—The criteria established under subsection 

(a) shall include— 

‘‘(A) the previous performance of the recipient 

regarding homelessness, including performance related to 

funds provided under section 412 (except that recipients 

applying from geographic areas where no funds have been 

awarded under this subtitle, or under subtitles C, D, E, 

or F of title IV of this Act, as in effect prior to the date 

of the enactment of the Homeless Emergency Assistance 

and Rapid Transition to Housing Act of 2009, shall receive 

full credit for performance under this subparagraph), measured by criteria that shall be announced by the Secretary, 

that shall take into account barriers faced by individual 

homeless people, and that shall include— 

‘‘(i) the length of time individuals and families 

remain homeless; 

42 USC 11386a. 


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‘‘(ii) the extent to which individuals and families 

who leave homelessness experience additional spells 

of homelessness; 

‘‘(iii) the thoroughness of grantees in the 

geographic area in reaching homeless individuals and 

families; 

‘‘(iv) overall reduction in the number of homeless 

individuals and families; 

‘‘(v) jobs and income growth for homeless individuals and families; 

‘‘(vi) success at reducing the number of individuals 

and families who become homeless; 

‘‘(vii) other accomplishments by the recipient 

related to reducing homelessness; and 

‘‘(viii) for collaborative applicants that have exercised the authority under section 422(j) to serve families with children and youth defined as homeless under 

other Federal statutes, success in achieving the goals 

and outcomes identified in section 427(b)(1)(F); 

‘‘(B) the plan of the recipient, which shall describe— 

‘‘(i) how the number of individuals and families 

who become homeless will be reduced in the community; 

‘‘(ii) how the length of time that individuals and 

families remain homeless will be reduced; 

‘‘(iii) how the recipient will collaborate with local 

education authorities to assist in the identification of 

individuals and families who become or remain homeless and are informed of their eligibility for services 

under subtitle B of title VII of this Act (42 U.S.C. 

11431 et seq.); 

‘‘(iv) the extent to which the recipient will— 

‘‘(I) address the needs of all relevant subpopulations; 

‘‘(II) incorporate comprehensive strategies for 

reducing homelessness, including the interventions 

referred to in section 428(d); 

‘‘(III) set quantifiable performance measures; 

‘‘(IV) set timelines for completion of specific 

tasks; 

‘‘(V) identify specific funding sources for 

planned activities; and 

‘‘(VI) identify an individual or body responsible 

for overseeing implementation of specific strategies; and 

‘‘(v) whether the recipient proposes to exercise 

authority to use funds under section 422(j), and if 

so, how the recipient will achieve the goals and outcomes identified in section 427(b)(1)(F); 

‘‘(C) the methodology of the recipient used to determine 

the priority for funding local projects under section 

422(c)(1), including the extent to which the priority-setting 

process— 

‘‘(i) uses periodically collected information and 

analysis to determine the extent to which each project 

has resulted in rapid return to permanent housing 

for those served by the project, taking into account 


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the severity of barriers faced by the people the project 

serves; 

‘‘(ii) considers the full range of opinions from 

individuals or entities with knowledge of homelessness 

in the geographic area or an interest in preventing 

or ending homelessness in the geographic area; 

‘‘(iii) is based on objective criteria that have been 

publicly announced by the recipient; and 

‘‘(iv) is open to proposals from entities that have 

not previously received funds under this subtitle; 

‘‘(D) the extent to which the amount of assistance 

to be provided under this subtitle to the recipient will 

be supplemented with resources from other public and 

private sources, including mainstream programs identified 

by the Government Accountability Office in the two reports 

described in section 203(a)(7); 

‘‘(E) demonstrated coordination by the recipient with 

the other Federal, State, local, private, and other entities 

serving individuals and families experiencing homelessness 

and at risk of homelessness in the planning and operation 

of projects; 

‘‘(F) for collaborative applicants exercising the 

authority under section 422(j) to serve homeless families 

with children and youth defined as homeless under other 

Federal statutes, program goals and outcomes, which shall 

include— 

‘‘(i) preventing homelessness among the subset of 

such families with children and youth who are at 

highest risk of becoming homeless, as such term is 

defined for purposes of this title; or 

‘‘(ii) achieving independent living in permanent 

housing among such families with children and youth, 

especially those who have a history of doubled-up and 

other temporary housing situations or are living in 

a temporary housing situation due to lack of available 

and appropriate emergency shelter, through the provision of eligible assistance that directly contributes to 

achieving such results including assistance to address 

chronic disabilities, chronic physical health or mental 

health conditions, substance addiction, histories of 

domestic violence or childhood abuse, or multiple barriers to employment; and 

‘‘(G) such other factors as the Secretary determines 

to be appropriate to carry out this subtitle in an effective 

and efficient manner. 

‘‘(2) ADDITIONAL CRITERIA.—In addition to the criteria 

required under paragraph (1), the criteria established under 

paragraph (1) shall also include the need within the geographic 

area for homeless services, determined as follows and under 

the following conditions: 

‘‘(A) NOTICE.—The Secretary shall inform each collaborative applicant, at a time concurrent with the release 

of the notice of funding availability for the grants, of the 

pro rata estimated grant amount under this subtitle for 

the geographic area represented by the collaborative 

applicant. 

‘‘(B) AMOUNT.— 


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‘‘(i) FORMULA.—Such estimated grant amounts 

shall be determined by a formula, which shall be developed by the Secretary, by regulation, not later than 

the expiration of the 2-year period beginning upon 

the date of the enactment of the Homeless Emergency 

Assistance and Rapid Transition to Housing Act of 

2009, that is based upon factors that are appropriate 

to allocate funds to meet the goals and objectives of 

this subtitle. 

‘‘(ii) COMBINATIONS OR CONSORTIA.—For a collaborative applicant that represents a combination or 

consortium of cities or counties, the estimated need 

amount shall be the sum of the estimated need 

amounts for the cities or counties represented by the 

collaborative applicant. 

‘‘(iii) AUTHORITY OF SECRETARY.—Subject to the 

availability of appropriations, the Secretary shall 

increase the estimated need amount for a geographic 

area if necessary to provide 1 year of renewal funding 

for all expiring contracts entered into under this subtitle for the geographic area. 

‘‘(3) HOMELESSNESS COUNTS.—The Secretary shall not 

require that communities conduct an actual count of homeless 

people other than those described in paragraphs (1) through 

(4) of section 103(a) of this Act (42 U.S.C. 11302(a)). 

‘‘(c) ADJUSTMENTS.—The Secretary may adjust the formula 

described in subsection (b)(2) as necessary— 

‘‘(1) to ensure that each collaborative applicant has sufficient funding to renew all qualified projects for at least one 

year; and 

‘‘(2) to ensure that collaborative applicants are not discouraged from replacing renewal projects with new projects that 

the collaborative applicant determines will better be able to 

meet the purposes of this Act. 

‘‘SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES FOR SPECIFIC 

ELIGIBLE ACTIVITIES. 

‘‘(a) MINIMUM ALLOCATION FOR PERMANENT HOUSING FOR

HOMELESS INDIVIDUALS AND FAMILIES WITH DISABILITIES.— 

‘‘(1) IN GENERAL.—From the amounts made available to 

carry out this subtitle for a fiscal year, a portion equal to 

not less than 30 percent of the sums made available to carry 

out subtitle B and this subtitle, shall be used for permanent 

housing for homeless individuals with disabilities and homeless 

families that include such an individual who is an adult or 

a minor head of household if no adult is present in the household. 

‘‘(2) CALCULATION.—In calculating the portion of the 

amount described in paragraph (1) that is used for activities 

that are described in paragraph (1), the Secretary shall not 

count funds made available to renew contracts for existing 

projects under section 429. 

‘‘(3) ADJUSTMENT.—The 30 percent figure in paragraph (1) 

shall be reduced proportionately based on need under section 

427(b)(2) in geographic areas for which subsection (e) applies 

in regard to subsection (d)(2)(A). 

Applicability. 

42 USC 11386b. 

Contracts. 

Regulations. 

Deadline. 

Time period. 


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‘‘(4) SUSPENSION.—The requirement established in paragraph (1) shall be suspended for any year in which funding 

available for grants under this subtitle after making the allocation established in paragraph (1) would not be sufficient to 

renew for 1 year all existing grants that would otherwise be 

fully funded under this subtitle. 

‘‘(5) TERMINATION.—The requirement established in paragraph (1) shall terminate upon a finding by the Secretary 

that since the beginning of 2001 at least 150,000 new units 

of permanent housing for homeless individuals and families 

with disabilities have been funded under this subtitle. 

‘‘(b) SET-ASIDE FOR PERMANENT HOUSING FOR HOMELESS FAMI- LIES WITH CHILDREN.—From the amounts made available to carry 

out this subtitle for a fiscal year, a portion equal to not less 

than 10 percent of the sums made available to carry out subtitle 

B and this subtitle for that fiscal year shall be used to provide 

or secure permanent housing for homeless families with children. 

‘‘(c) TREATMENT OF AMOUNTS FOR PERMANENT OR TRANSITIONAL

HOUSING.—Nothing in this Act may be construed to establish a 

limit on the amount of funding that an applicant may request 

under this subtitle for acquisition, construction, or rehabilitation 

activities for the development of permanent housing or transitional 

housing. 

‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— 

‘‘(1) IN GENERAL.—The Secretary shall provide bonuses or 

other incentives to geographic areas for using funding under 

this subtitle for activities that have been proven to be effective 

at reducing homelessness generally, reducing homelessness for 

a specific subpopulation, or achieving homeless prevention and 

independent living goals as set forth in section 427(b)(1)(F). 

‘‘(2) RULE OF CONSTRUCTION.—For purposes of this subsection, activities that have been proven to be effective at 

reducing homelessness generally or reducing homelessness for 

a specific subpopulation includes— 

‘‘(A) permanent supportive housing for chronically 

homeless individuals and families; 

‘‘(B) for homeless families, rapid rehousing services, 

short-term flexible subsidies to overcome barriers to 

rehousing, support services concentrating on improving 

incomes to pay rent, coupled with performance measures 

emphasizing rapid and permanent rehousing and with 

leveraging funding from mainstream family service systems 

such as Temporary Assistance for Needy Families and 

Child Welfare services; and 

‘‘(C) any other activity determined by the Secretary, 

based on research and after notice and comment to the 

public, to have been proven effective at reducing homelessness generally, reducing homelessness for a specific subpopulation, or achieving homeless prevention and independent living goals as set forth in section 427(b)(1)(F). 

‘‘(3) BALANCE OF INCENTIVES FOR PROVEN STRATEGIES.— To the extent practicable, in providing bonuses or incentives 

for proven strategies, the Secretary shall seek to maintain 

a balance among strategies targeting homeless individuals, 

families, and other subpopulations. The Secretary shall not 

implement bonuses or incentives that specifically discourage 

collaborative applicants from exercising their flexibility to serve 

Notice. 

Public comments. 


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families with children and youth defined as homeless under 

other Federal statutes. 

‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMENTATION OF PROVEN

STRATEGIES.—If any geographic area demonstrates that it has fully 

implemented any of the activities described in subsection (d) for 

all homeless individuals and families or for all members of subpopulations for whom such activities are targeted, that geographic 

area shall receive the bonus or incentive provided under subsection 

(d), but may use such bonus or incentive for any eligible activity 

under either section 423 or paragraphs (4) and (5) of section 415(a) 

for homeless people generally or for the relevant subpopulation. 

‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR 

PERMANENT HOUSING. 

‘‘(a) IN GENERAL.—Renewal of expiring contracts for leasing, 

rental assistance, or operating costs for permanent housing contracts may be funded either— 

‘‘(1) under the appropriations account for this title; or 

‘‘(2) the section 8 project-based rental assistance account. 

‘‘(b) RENEWALS.—The sums made available under subsection 

(a) shall be available for the renewal of contracts in the case 

of tenant-based assistance, successive 1-year terms, and in the 

case of project-based assistance, successive terms of up to 15 years 

at the discretion of the applicant or project sponsor and subject 

to the availability of annual appropriations, for rental assistance 

and housing operation costs associated with permanent housing 

projects funded under this subtitle, or under subtitle C or F (as 

in effect on the day before the effective date of the Homeless 

Emergency Assistance and Rapid Transition to Housing Act of 

2009). The Secretary shall determine whether to renew a contract 

for such a permanent housing project on the basis of certification 

by the collaborative applicant for the geographic area that— 

‘‘(1) there is a demonstrated need for the project; and 

‘‘(2) the project complies with program requirements and 

appropriate standards of housing quality and habitability, as 

determined by the Secretary. 

‘‘(c) CONSTRUCTION.—Nothing in this section shall be construed 

as prohibiting the Secretary from renewing contracts under this 

subtitle in accordance with criteria set forth in a provision of 

this subtitle other than this section. 

‘‘SEC. 430. MATCHING FUNDING. 

‘‘(a) IN GENERAL.—A collaborative applicant in a geographic 

area in which funds are awarded under this subtitle shall specify 

contributions from any source other than a grant awarded under 

this subtitle, including renewal funding of projects assisted under 

subtitles C, D, and F of this title as in effect before the effective 

date under section 1503 of the Homeless Emergency Assistance 

and Rapid Transition to Housing Act of 2009, that shall be made 

available in the geographic area in an amount equal to not less 

than 25 percent of the funds provided to recipients in the geographic 

area, except that grants for leasing shall not be subject to any 

match requirement. 

‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The cash value of services provided to the residents or clients of a project sponsor by 

an entity other than the project sponsor may count toward the 

42 USC 11386d. 

Determination. 

Contracts. 

42 USC 11386c. 


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123 STAT. 1696 PUBLIC LAW 111–22—MAY 20, 2009 

contributions in subsection (a) only when documented by a memorandum of understanding between the project sponsor and the 

other entity that such services will be provided. 

‘‘(c) COUNTABLE ACTIVITIES.—The contributions required under 

subsection (a) may consist of— 

‘‘(1) funding for any eligible activity described under section 

423; and 

‘‘(2) subject to subsection (b), in-kind provision of services 

of any eligible activity described under section 423. 

‘‘SEC. 431. APPEAL PROCEDURE. 

‘‘(a) IN GENERAL.—With respect to funding under this subtitle, 

if certification of consistency with the consolidated plan pursuant 

to section 403 is withheld from an applicant who has submitted 

an application for that certification, such applicant may appeal 

such decision to the Secretary. 

‘‘(b) PROCEDURE.—The Secretary shall establish a procedure 

to process the appeals described in subsection (a). 

‘‘(c) DETERMINATION.—Not later than 45 days after the date 

of receipt of an appeal described in subsection (a), the Secretary 

shall determine if certification was unreasonably withheld. If such 

certification was unreasonably withheld, the Secretary shall review 

such application and determine if such applicant shall receive 

funding under this subtitle.’’. 

SEC. 1306. RESEARCH. 

There is authorized to be appropriated $8,000,000, for each 

of fiscal years 2010 and 2011, for research into the efficacy of 

interventions for homeless families, to be expended by the Secretary 

of Housing and Urban Development over the 2 years at 3 different 

sites to provide services for homeless families and evaluate the 

effectiveness of such services. 

TITLE IV—RURAL HOUSING STABILITY 

ASSISTANCE PROGRAM 

SEC. 1401. RURAL HOUSING STABILITY ASSISTANCE. 

Subtitle G of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11408 et seq.) is amended— 

(1) by striking the subtitle heading and inserting the following: 

‘‘Subtitle G—Rural Housing Stability 

Assistance Program’’; and 

(2) in section 491— 

(A) by striking the section heading and inserting 

‘‘RURAL HOUSING STABILITY GRANT PROGRAM.’’; 

(B) in subsection (a)— 

(i) by striking ‘‘rural homelessness grant program’’ 

and inserting ‘‘rural housing stability grant program’’; 

(ii) by inserting ‘‘in lieu of grants under subtitle 

C’’ after ‘‘eligible organizations’’; and 

(iii) by striking paragraphs (1), (2), and (3), and 

inserting the following: 

42 USC 11408. 

Homeless. 

Grants. 

Appropriation 

authorization. 

Deadline. 

42 USC 11386e. 


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‘‘(1) rehousing or improving the housing situations of 

individuals and families who are homeless or in the worst 

housing situations in the geographic area; 

‘‘(2) stabilizing the housing of individuals and families who 

are in imminent danger of losing housing; and 

‘‘(3) improving the ability of the lowest-income residents 

of the community to afford stable housing.’’; 

(C) in subsection (b)(1)— 

(i) by redesignating subparagraphs (E), (F), and 

(G) as subparagraphs (I), (J), and (K), respectively; 

and 

(ii) by striking subparagraph (D) and inserting 

the following: 

‘‘(D) construction of new housing units to provide 

transitional or permanent housing to homeless individuals 

and families and individuals and families at risk of 

homelessness; 

‘‘(E) acquisition or rehabilitation of a structure to provide supportive services or to provide transitional or permanent housing, other than emergency shelter, to homeless 

individuals and families and individuals and families at 

risk of homelessness; 

‘‘(F) leasing of property, or portions of property, not 

owned by the recipient or project sponsor involved, for 

use in providing transitional or permanent housing to 

homeless individuals and families and individuals and 

families at risk of homelessness, or providing supportive 

services to such homeless and at-risk individuals and families; 

‘‘(G) provision of rental assistance to provide transitional or permanent housing to homeless individuals and 

families and individuals and families at risk of homelessness, such rental assistance may include tenant-based or 

project-based rental assistance; 

‘‘(H) payment of operating costs for housing units 

assisted under this title;’’; 

(D) in subsection (b)(2), by striking ‘‘appropriated’’ and 

inserting ‘‘transferred’’; 

(E) in subsection (c)— 

(i) in paragraph (1)(A), by striking ‘‘appropriated’’ 

and inserting ‘‘transferred’’; and 

(ii) in paragraph (3), by striking ‘‘appropriated’’ 

and inserting ‘‘transferred’’; 

(F) in subsection (d)— 

(i) in paragraph (5), by striking ‘‘; and’’ and 

inserting a semicolon; 

(ii) in paragraph (6)— 

(I) by striking ‘‘an agreement’’ and all that 

follows through ‘‘families’’ and inserting the following: ‘‘a description of how individuals and families who are homeless or who have the lowest 

incomes in the community will be involved by the 

organization’’; and 

(II) by striking the period at the end, and 

inserting a semicolon; and 

(iii) by adding at the end the following: 


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123 STAT. 1698 PUBLIC LAW 111–22—MAY 20, 2009 

‘‘(7) a description of consultations that took place within 

the community to ascertain the most important uses for funding 

under this section, including the involvement of potential beneficiaries of the project; and 

‘‘(8) a description of the extent and nature of homelessness 

and of the worst housing situations in the community.’’; 

(G) by striking subsections (f) and (g) and inserting 

the following: 

‘‘(f) MATCHING FUNDING.— ‘‘(1) IN GENERAL.—An organization eligible to receive a 

grant under subsection (a) shall specify matching contributions 

from any source other than a grant awarded under this subtitle, 

that shall be made available in the geographic area in an 

amount equal to not less than 25 percent of the funds provided 

for the project or activity, except that grants for leasing shall 

not be subject to any match requirement. 

‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The cash value of 

services provided to the beneficiaries or clients of an eligible 

organization by an entity other than the organization may 

count toward the contributions in paragraph (1) only when 

documented by a memorandum of understanding between the 

organization and the other entity that such services will be 

provided. 

‘‘(3) COUNTABLE ACTIVITIES.—The contributions required 

under paragraph (1) may consist of— 

‘‘(A) funding for any eligible activity described under 

subsection (b); and 

‘‘(B) subject to paragraph (2), in-kind provision of services of any eligible activity described under subsection (b). 

‘‘(g) SELECTION CRITERIA.—The Secretary shall establish criteria for selecting recipients of grants under subsection (a), 

including— 

‘‘(1) the participation of potential beneficiaries of the project 

in assessing the need for, and importance of, the project in 

the community; 

‘‘(2) the degree to which the project addresses the most 

harmful housing situations present in the community; 

‘‘(3) the degree of collaboration with others in the community to meet the goals described in subsection (a); 

‘‘(4) the performance of the organization in improving 

housing situations, taking account of the severity of barriers 

of individuals and families served by the organization; 

‘‘(5) for organizations that have previously received funding 

under this section, the extent of improvement in homelessness 

and the worst housing situations in the community since such 

funding began; 

‘‘(6) the need for such funds, as determined by the formula 

established under section 427(b)(2); and 

‘‘(7) any other relevant criteria as determined by the Secretary.’’; 

(H) in subsection (h)— 

(i) in paragraph (1), in the matter preceding 

subparagraph (A), by striking ‘‘The’’ and inserting ‘‘Not 

later than 18 months after funding is first made available pursuant to the amendments made by title IV 

of the Homeless Emergency Assistance and Rapid 

Transition to Housing Act of 2009, the’’; and 

Deadline. 


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(ii) in paragraph (1)(A), by striking ‘‘providing 

housing and other assistance to homeless persons’’ and 

inserting ‘‘meeting the goals described in subsection 

(a)’’; 

(iii) in paragraph (1)(B), by striking ‘‘address 

homelessness in rural areas’’ and inserting ‘‘meet the 

goals described in subsection (a) in rural areas’’; and 

(iv) in paragraph (2)— 

(I) by striking ‘‘The’’ and inserting ‘‘Not later 

than 24 months after funding is first made available pursuant to the amendment made by title 

IV of the Homeless Emergency Assistance and 

Rapid Transition to Housing Act of 2009, the’’; 

(II) by striking ‘‘, not later than 18 months 

after the date on which the Secretary first makes 

grants under the program,’’; and 

(III) by striking ‘‘prevent and respond to 

homelessness’’ and inserting ‘‘meet the goals 

described in subsection (a)’’; 

(I) in subsection (k)— 

(i) in paragraph (1), by striking ‘‘rural homelessness grant program’’ and inserting ‘‘rural housing stability grant program’’; and 

(ii) in paragraph (2)— 

(I) in subparagraph (A), by striking ‘‘; or’’ and 

inserting a semicolon; 

(II) in subparagraph (B)(ii), by striking ‘‘rural 

census tract.’’ and inserting ‘‘county where at least 

75 percent of the population is rural; or’’; and 

(III) by adding at the end the following: 

‘‘(C) any area or community, respectively, located in 

a State that has population density of less than 30 persons 

per square mile (as reported in the most recent decennial 

census), and of which at least 1.25 percent of the total 

acreage of such State is under Federal jurisdiction, provided 

that no metropolitan city (as such term is defined in section 

102 of the Housing and Community Development Act of 

1974) in such State is the sole beneficiary of the grant 

amounts awarded under this section.’’; 

(J) in subsection (l)— 

(i) by striking the subsection heading and inserting 

‘‘PROGRAM FUNDING.—’’; and 

(ii) by striking paragraph (1) and inserting the 

following: 

‘‘(1) IN GENERAL.—The Secretary shall determine the total 

amount of funding attributable under section 427(b)(2) to meet 

the needs of any geographic area in the Nation that applies 

for funding under this section. The Secretary shall transfer 

any amounts determined under this subsection from the 

Community Homeless Assistance Program and consolidate such 

transferred amounts for grants under this section, except that 

the Secretary shall transfer an amount not less than 5 percent 

of the amount available under subtitle C for grants under 

this section. Any amounts so transferred and not used for 

grants under this section due to an insufficient number of 

applications shall be transferred to be used for grants under 

subtitle C.’’; and 

Determination. 

Deadline. 


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123 STAT. 1700 PUBLIC LAW 111–22—MAY 20, 2009 

(K) by adding at the end the following: 

‘‘(m) DETERMINATION OF FUNDING SOURCE.—For any fiscal year, 

in addition to funds awarded under subtitle B, funds under this 

title to be used in a city or county shall only be awarded under 

either subtitle C or subtitle D.’’. 

SEC. 1402. GAO STUDY OF HOMELESSNESS AND HOMELESS ASSISTANCE IN RURAL AREAS. 

(a) STUDY AND REPORT.—Not later than the expiration of the 

12-month period beginning on the date of the enactment of this 

division, the Comptroller General of the United States shall conduct 

a study to examine homelessness and homeless assistance in rural 

areas and rural communities and submit a report to the Congress 

on the findings and conclusion of the study. The report shall contain 

the following matters: 

(1) A general description of homelessness, including the 

range of living situations among homeless individuals and 

homeless families, in rural areas and rural communities of 

the United States, including tribal lands and colonias. 

(2) An estimate of the incidence and prevalence of homelessness among individuals and families in rural areas and rural 

communities of the United States. 

(3) An estimate of the number of individuals and families 

from rural areas and rural communities who migrate annually 

to non-rural areas and non-rural communities for homeless 

assistance. 

(4) A description of barriers that individuals and families 

in and from rural areas and rural communities encounter when 

seeking to access homeless assistance programs, and recommendations for removing such barriers. 

(5) A comparison of the rate of homelessness among individuals and families in and from rural areas and rural communities compared to the rate of homelessness among individuals 

and families in and from non-rural areas and non-rural communities. 

(6) A general description of homeless assistance for individuals and families in rural areas and rural communities of 

the United States. 

(7) A description of barriers that homeless assistance providers serving rural areas and rural communities encounter 

when seeking to access Federal homeless assistance programs, 

and recommendations for removing such barriers. 

(8) An assessment of the type and amount of Federal 

homeless assistance funds awarded to organizations serving 

rural areas and rural communities and a determination as 

to whether such amount is proportional to the distribution 

of homeless individuals and families in and from rural areas 

and rural communities compared to homeless individuals and 

families in non-rural areas and non-rural communities. 

(9) An assessment of the current roles of the Department 

of Housing and Urban Development, the Department of Agriculture, and other Federal departments and agencies in administering homeless assistance programs in rural areas and rural 

communities and recommendations for distributing Federal 

responsibilities, including homeless assistance program 

administration and grantmaking, among the departments and 


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PUBLIC LAW 111–22—MAY 20, 2009 123 STAT. 1701 

agencies so that service organizations in rural areas and rural 

communities are most effectively reached and supported. 

(b) ACQUISITION OF SUPPORTING INFORMATION.—In carrying out 

the study under this section, the Comptroller General shall seek 

to obtain views from the following persons: 

(1) The Secretary of Agriculture. 

(2) The Secretary of Housing and Urban Development. 

(3) The Secretary of Health and Human Services. 

(4) The Secretary of Education. 

(5) The Secretary of Labor. 

(6) The Secretary of Veterans Affairs. 

(7) The Executive Director of the United States Interagency 

Council on Homelessness. 

(8) Project sponsors and recipients of homeless assistance 

grants serving rural areas and rural communities. 

(9) Individuals and families in or from rural areas and 

rural communities who have sought or are seeking Federal 

homeless assistance services. 

(10) National advocacy organizations concerned with 

homelessness, rural housing, and rural community development. 

(c) EFFECTIVE DATE.—This section shall take effect on the date 

of the enactment of this division. 

TITLE V—REPEALS AND CONFORMING 

AMENDMENTS 

SEC. 1501. REPEALS. 

Subtitles D, E, and F of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11391 et seq., 11401 et seq., and 

11403 et seq.) are hereby repealed. 

SEC. 1502. CONFORMING AMENDMENTS. 

(a) CONSOLIDATED PLAN.—Section 403(1) of the McKinneyVento Homeless Assistance Act (as so redesignated by section 

1101(2) of this division), is amended— 

(1) by striking ‘‘current housing affordability strategy’’ and 

inserting ‘‘consolidated plan’’; and 

(2) by inserting before the comma the following: ‘‘(referred 

to in such section as a ‘comprehensive housing affordability 

strategy’)’’. 

(b) PERSONS EXPERIENCING HOMELESSNESS.—Section 103 of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), as 

amended by the preceding provisions of this division, is further 

amended by adding at the end the following new subsection: 

‘‘(e) PERSONS EXPERIENCING HOMELESSNESS.—Any references 

in this Act to homeless individuals (including homeless persons) 

or homeless groups (including homeless persons) shall be considered 

to include, and to refer to, individuals experiencing homelessness 

or groups experiencing homelessness, respectively.’’. 

(c) RURAL HOUSING STABILITY ASSISTANCE.—Title IV of the 

McKinney-Vento Homeless Assistance Act is amended by redesignating subtitle G (42 U.S.C. 11408 et seq.), as amended by the 

preceding provisions of this division, as subtitle D. 

42 USC 11361. 


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123 STAT. 1702 PUBLIC LAW 111–22—MAY 20, 2009 

SEC. 1503. EFFECTIVE DATE. 

Except as specifically provided otherwise in this division, this 

division and the amendments made by this division shall take 

effect on, and shall apply beginning on— 

(1) the expiration of the 18-month period beginning on 

the date of the enactment of this division, or 

(2) the expiration of the 3-month period beginning upon 

publication by the Secretary of Housing and Urban Development of final regulations pursuant to section 1504, 

whichever occurs first. 

SEC. 1504. REGULATIONS. 

(a) IN GENERAL.—Not later than 12 months after the date 

of the enactment of this division, the Secretary of Housing and 

Urban Development shall promulgate regulations governing the 

operation of the programs that are created or modified by this 

division. 

(b) EFFECTIVE DATE.—This section shall take effect on the 

date of the enactment of this division. 

SEC. 1505. AMENDMENT TO TABLE OF CONTENTS. 

The table of contents in section 101(b) of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11301 note) is amended by 

striking the item relating to the heading for title IV and all that 

follows through the item relating to section 492 and inserting 

the following new items: 

‘‘TITLE IV—HOUSING ASSISTANCE 

‘‘Subtitle A—General Provisions 

‘‘Sec. 401. Definitions. 

‘‘Sec. 402. Collaborative applicants. 

‘‘Sec. 403. Housing affordability strategy. 

‘‘Sec. 404. Preventing involuntary family separation. 

‘‘Sec. 405. Technical assistance. 

‘‘Sec. 406. Discharge coordination policy. 

‘‘Sec. 407. Protection of personally identifying information by victim service providers. 

‘‘Sec. 408. Authorization of appropriations. 

‘‘Subtitle B—Emergency Solutions Grants Program 

‘‘Sec. 411. Definitions. 

‘‘Sec. 412. Grant assistance. 

‘‘Sec. 413. Amount and allocation of assistance. 

‘‘Sec. 414. Allocation and distribution of assistance. 

‘‘Sec. 415. Eligible activities. 

‘‘Sec. 416. Responsibilities of recipients. 

‘‘Sec. 417. Administrative provisions. 

‘‘Sec. 418. Administrative costs. 

‘‘Subtitle C—Continuum of Care Program 

‘‘Sec. 421. Purposes. 

‘‘Sec. 422. Continuum of care applications and grants. 

‘‘Sec. 423. Eligible activities. 

‘‘Sec. 424. Incentives for high-performing communities. 

‘‘Sec. 425. Supportive services. 

‘‘Sec. 426. Program requirements. 

‘‘Sec. 427. Selection criteria. 

‘‘Sec. 428. Allocation of amounts and incentives for specific eligible activities. 

‘‘Sec. 429. Renewal funding and terms of assistance for permanent housing. 

‘‘Sec. 430. Matching funding. 

‘‘Sec. 431. Appeal procedure. 

‘‘Sec. 432. Regulations. 

‘‘Sec. 433. Reports to Congress. 

‘‘Subtitle D—Rural Housing Stability Assistance Program 

‘‘Sec. 491. Rural housing stability assistance. 

Deadline. 

42 USC 11301 

note. 

Publication. 

Applicability. 

42 USC 11302 

note. 


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PUBLIC LAW 111–22—MAY 20, 2009 123 STAT. 1703 

LEGISLATIVE HISTORY—S. 896 (H.R. 1106): 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

Apr. 30, May 1, 4–6, considered and passed Senate. 

May 19, considered and passed House, amended. Senate concurred 

in House amendment. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009): 

May 20, Presidential remarks. 

Æ 

‘‘Sec. 492. Use of FHMA inventory for transitional housing for homeless persons 

and for turnkey housing.’’. 

Approved May 20, 2009. 


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