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payments and operating cost requirements, 
as approved by the Secretary, if project- 
based rental assistance is not available or 
is insufficient for the debt service and op-
erating cost of the project after refi-
nancing. Such approval by the Secretary— 
(I) shall be the basis for the 
owner to agree to terminate the 
project-based rental assistance con-
tract that is insufficient for the debt 
service and operating cost of the 
project after refinancing; and 
(II) shall be an eligibility event 
for the project for purposes of section 
8(t) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(t)); 
(v) units to be occupied by tenants as-
sisted under section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(t)) shall, upon termination of the oc-
cupancy of such tenants, become eligible 
for project-based assistance under section 
8(o)(13) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(o)(13)) without 
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regard to the percentage limitations pro-
vided in such section; and 
(vi) there shall be a use agreement of 
20 years from the date of the maturity 
date of the original 202 loan for all units, 
including units to be occupied by tenants 
assisted under section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(t)). 
SEC. 235. USE OF SURPLUS FEDERAL PROPERTY 
FOR THE HOMELESS. No property identified by the Sec-
retary of Housing and Urban Development as surplus 
Federal property for use to assist the homeless shall be 
made available to any homeless group unless the group 
is a member in good standing under any of HUD’s home-
less assistance programs or is in good standing with any 
other program which receives funds from any other Fed-
eral or State agency or entity: Provided, That an exception 
may be made for an entity not involved with Federal 
homeless programs to use surplus Federal property for the 
homeless only after the Secretary or another responsible 
Federal agency has fully and comprehensively reviewed all 
relevant finances of the entity, the track record of the enti-
ty in assisting the homeless, the ability of the entity to 
manage the property, including all costs, the ability of the 
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entity to administer homeless programs in a manner that 
is effective to meet the needs of the homeless population 
that is expected to use the property and any other related 
issues that demonstrate a commitment to assist the home-
less: Provided further, That the Secretary shall not require 
the entity to have cash in hand in order to demonstrate 
financial ability but may rely on the entity’s prior dem-
onstrated fundraising ability or commitments for in-kind 
donations of goods and services: Provided further, That the 
Secretary shall make all such information and its decision 
regarding the award of the surplus property available to 
the committees of jurisdiction, including a full justification 
of the appropriateness of the use of the property to assist 
the homeless as well as the appropriateness of the group 
seeking to obtain the property to use such property to as-
sist the homeless: Provided further, That, this section shall 
apply to properties in fiscal year 2008 and 2009 made 
available as surplus Federal property for use to assist the 
homeless. 
SEC. 236. The Secretary of Housing and Urban De-
velopment shall increase, pursuant to this section, the 
number of Moving-to-Work agencies authorized under sec-
tion 204, title II, of the Departments of Veterans Affairs 
and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104–134; 
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