Helping Families Save Their Homes Act of 2009
PL 111-22 (S.896), enacted 05/20/2009

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 with-
stand 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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123 STAT. 1633 
PUBLIC LAW 111–22—MAY 20, 2009 
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 pro-
viding 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 condi-
tions 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 con-
cerning 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 estab-
lish 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 mort-
gage 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 suffi-
cient 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 proce-
dures 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 mort-
gage, the Secretary may provide guarantees under this 
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123 STAT. 1635 
PUBLIC LAW 111–22—MAY 20, 2009 
subsection for the mortgage. The Secretary may subse-
quently— 
‘‘(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 Govern-
ment 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 modifica-
tion 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 Sec-
retary 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 para-
graph (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 neces-
sitated and the administration actions required by the amend-
ments 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 Agri-
culture 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 (com-
monly 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 ASSIST-
ANCE.—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, pro-
vided that such amounts are used to fund HUD-certified housing- 
counseling 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-modifica-
tion 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 appro-
priated 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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123 STAT. 1637 
PUBLIC LAW 111–22—MAY 20, 2009 
of Thrift Supervision, shall jointly submit a report to the Committee 
on Banking, Housing, and Urban Affairs of the Senate, the Com-
mittee 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 Super-
vision, 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 require-
ments under subparagraph (A) shall provide for the collec-
tion of all mortgage modification data needed by the Comp-
troller 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 com-
mittee 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 para-
graph: 
‘‘(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 fore-
closure 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 MODIFICA-
TIONS. 
(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 Sta-
bilization 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. 
Plans. 
15 USC 1639a 
note. 
42 USC 5301 
note. 
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123 STAT. 1639 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(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 Eco-
nomic 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 mitiga-
tion 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 quali-
fied 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 Sec-
retary 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 Sec-
retary 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 fol-
lowing: 
‘‘(1) BORROWER CERTIFICATION.— 
‘‘(A) NO
INTENTIONAL
DEFAULT
OR
FALSE
INFORMA-
TION.—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 insur-
ance 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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123 STAT. 1641 
PUBLIC LAW 111–22—MAY 20, 2009 
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 appro-
priate).’’; 
(B) in paragraph (4)— 
(i) in subparagraph (A), by striking ‘‘, subject to 
standards established by the Board under subpara-
graph (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 mort-
gagor, or (B)’’ and inserting ‘‘in accordance with proce-
dures and standards that the Secretary shall establish 
(provided that such procedures and standards are con-
sistent 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 subpara-
graph (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 pro-
hibit the Secretary from paying’’ and inserting ‘‘The Secretary 
shall not pay’’; and 
(5) in subsection (i)— 
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (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 para-
graph, by striking ‘‘equal to 3 percent’’ and inserting ‘‘not 
more than 3 percent’’; and 
(D) in subparagraph (B), as redesignated by this para-
graph, 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 Home-
owners Program; and 
‘‘(B) the purposes of the HOPE for Homeowners Pro-
gram 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 subpara-
graph (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 appre-
ciation, 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 require-
ments 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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123 STAT. 1643 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(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 proce-
dures 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 Eco-
nomic 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 BOR-
ROWERS 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
MORTGA-
GEES.—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
MORTGA-
GEES.—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 sub-
sections (e), (f), and (g), respectively; 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(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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123 STAT. 1644 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(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, prin-
cipal, 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 estab-
lished 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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123 STAT. 1645 
PUBLIC LAW 111–22—MAY 20, 2009 
(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 bor-
rower housing counseling, subordinate lien resolution, bor-
rower 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 pro-
vided’’. 
(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 mort-
gagee 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 modifica-
tion 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 success-
ful 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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123 STAT. 1646 
PUBLIC LAW 111–22—MAY 20, 2009 
insurance fund, in connection with any activities that the mort-
gagee 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 redesig-
nated), by striking ‘‘under a program under this sub-
section’’ and inserting ‘‘under this paragraph’’; and 
(iii) in clause (i) (as so redesignated), by inserting 
‘‘or facing imminent default, as defined by the Sec-
retary’’ 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 mort-
gages 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 modi-
fication of the terms of the mortgage according to a loan 
modification approved by the mortgagee. 
‘‘(B) PAYMENT OF BENEFITS AND ASSIGNMENT.—In car-
rying 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 Govern-
ment 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 modifica-
tion with interest rates established for such purchase. 
‘‘(D) LOAN SERVICING.—In carrying out this paragraph, 
the Secretary may require the existing servicer of a mort-
gage assigned to the Secretary to continue servicing the 
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123 STAT. 1647 
PUBLIC LAW 111–22—MAY 20, 2009 
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, pro-
vided 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 imme-
diately 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 mort-
gagee pursuant to applicable provisions of State or Federal 
law. 
‘‘(2) The revocation of a State-issued mortgage loan origi-
nator 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 regula-
tion, handbook, or mortgagee letter that is issued under 
this Act.’’; and 
(iii) by inserting after subparagraph (J) the fol-
lowing: 
‘‘(K) Violation of section 202(d) of this Act (12 U.S.C. 
1708(d)). 
‘‘(L) Use of ‘Federal Housing Administration’, ‘Depart-
ment 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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123 STAT. 1648 
PUBLIC LAW 111–22—MAY 20, 2009 
(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 insur-
ance programs of the Secretary for mortgages on 1- to 4-family 
residences for the purpose of identifying applicants who rep-
resent 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 enact-
ment— 
(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 mort-
gagees 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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123 STAT. 1649 
PUBLIC LAW 111–22—MAY 20, 2009 
(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 pursu-
ant 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 bor-
rowing authority and its intended uses. 
‘‘(C) RESTRICTION
ON
USAGE.—The Corporation may 
not borrow pursuant to subparagraph (A) to fund obliga-
tions 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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123 STAT. 1650 
PUBLIC LAW 111–22—MAY 20, 2009 
the Emergency Economic Stabilization Act of 2008 to pur-
chase 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 sub-
chapter, the Secretary of the Treasury shall make the loan, 
but loans under this paragraph shall not exceed in the aggre-
gate $6,000,000,000 outstanding at any one time. Except as 
otherwise provided in this subsection, section 217, and in sub-
section (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 pro-
vided with respect to an insured depository institu-
tion under clause (i) from 1 or more special assess-
ments on insured depository institutions, deposi-
tory institution holding companies (with the 
concurrence of the Secretary of the Treasury with 
respect to holding companies), or both, as the Cor-
poration 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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123 STAT. 1651 
PUBLIC LAW 111–22—MAY 20, 2009 
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 regu-
lations, 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 Corpora-
tion under clause (i) and shall consider: the types 
of entities that benefit from any action taken or 
assistance provided under this subparagraph; eco-
nomic conditions, the effects on the industry, and 
such other factors as the Corporation deems appro-
priate 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 INSUR-
ANCE 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 deter-
mination, fall below the minimum amount speci-
fied in subparagraph (C); or 
‘‘(II) the equity ratio of the Fund actually falls 
below the minimum amount specified in subpara-
graph (C) without any determination under sub- 
clause (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 res-
toration 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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123 STAT. 1652 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘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 sec-
tion 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 Stabiliza-
tion Fund, the Board would have made the identical pay-
ment 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-to- 
time as deemed necessary by the Board. The maximum out-
standing amount of all borrowings from the Treasury by the 
Stabilization Fund and the National Credit Union Share Insur-
ance 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 sec-
tion 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 obliga-
tions of the United States with remaining periods to matu-
rity 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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123 STAT. 1653 
PUBLIC LAW 111–22—MAY 20, 2009 
set the amount of the upcoming repayment and determine if the 
Stabilization Fund will have sufficient funds to make the repay-
ment. 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 Stabiliza-
tion 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 sub-
sections (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 out-
standing advance from the Treasury, the Insurance Fund is prohib-
ited 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 Sta-
bilization Fund of the maximum amount possible that does not 
reduce the Insurance Fund’s equity ratio below the normal oper-
ating 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 fol-
lowing the seventh anniversary of the initial Stabilization Fund 
advance, or earlier at the Board’s discretion, the Board shall dis-
tribute any funds, property, or other assets remaining in the Sta-
bilization Fund to the Insurance Fund and shall close the Stabiliza-
tion Fund. If the Board extends the final repayment date as per-
mitted 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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123 STAT. 1654 
PUBLIC LAW 111–22—MAY 20, 2009 
SEC. 205. APPLICATION OF GSE CONFORMING LOAN LIMIT TO MORT-
GAGES 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 mort-
gage 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 mort-
gagor 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 govern-
ment 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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123 STAT. 1655 
PUBLIC LAW 111–22—MAY 20, 2009 
(2) provide training to Federal, State, and local law enforce-
ment 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 mort-
gage 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 estab-
lishes 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 inves-
tigations 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 appro-
priate Federal, State, and local law enforcement and pros-
ecutorial agency, including to the appropriate branch of 
the Task Force established under subsection (d); 
(3) create a database with respect to suspensions and rev-
ocations 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 legisla-
tive 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 Home-
owners program, as required under title II, and the President’s 
‘‘Homeowner Affordability and Stability Plan’’ have been imple-
mented 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 sub-
section (a) applies reaches a loan modification agreement with 
a homeowner under the auspices of the Federal Housing Adminis-
tration before any plan referred to in such subsection takes effect, 
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123 STAT. 1656 
PUBLIC LAW 111–22—MAY 20, 2009 
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 home-
owner for whose benefit any foreclosure proceeding or sale is barred 
under subsection (a) from being instituted, continued, or con-
summated with respect to any homeowner mortgage should not, 
with respect to any property securing such mortgage, destroy, dam-
age, 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 pro-
ceeding or sale is barred under subsection (a) from being instituted, 
continued, or consummated with respect to any homeowner mort-
gage 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 GEN-
ERAL FOR THE TROUBLED ASSET RELIEF PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Public- 
Private 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 informa-
tion shall be maintained by the Special Inspector General; 
(D) require each manager of a public-private invest-
ment 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 invest-
ment 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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123 STAT. 1657 
PUBLIC LAW 111–22—MAY 20, 2009 
(F) require each manager of a public-private invest-
ment 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 non- 
recourse 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 provi-
sion 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 invest-
ment 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 Sta-
bilization Act of 2008 (12 U.S.C. 5211(a)(1)); and 
Consultation. 
Regulations. 
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123 STAT. 1658 
PUBLIC LAW 111–22—MAY 20, 2009 
(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 Stabiliza-
tion 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 appro-
priate 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 owner-
ship 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 ‘‘sub-
section (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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123 STAT. 1659 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(3) SPECIAL REPORT ON FARM LOAN RESTRUCTURING.—Not 
later than 60 days after the date of enactment of this para-
graph, 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 car-
ried 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 PRO-
GRAM 
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 subpara-
graph (F); and 
(B) by striking subparagraphs (A) and (B) and inserting 
the following: 
‘‘(A) DEFINITION.—In this paragraph, the term ‘govern-
mental 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 estab-
lished 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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123 STAT. 1660 
PUBLIC LAW 111–22—MAY 20, 2009 
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 representa-
tives 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 appro-
priate. 
‘‘(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 estab-
lished under this Act shall provide for access by the Comp-
troller 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 sec-
tion shall be construed to alter or amend the prohibi-
tions 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 Fore-
closure Act of 2009’’. 
SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY. 
(a) IN GENERAL.—In the case of any foreclosure on a federally- 
related 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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123 STAT. 1661 
PUBLIC LAW 111–22—MAY 20, 2009 
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 require-
ments for termination of any Federal- or State-subsidized ten-
ancy 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 sec-
tion, 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 ‘‘feder-
ally-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 con-
stitute 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 fol-
lowing: ‘‘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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123 STAT. 1662 
PUBLIC LAW 111–22—MAY 20, 2009 
assistance under this subsection resides, the immediate suc-
cessor 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 sub-
committee of jurisdiction of Congress, or any member of 
such committee or subcommittee; or 
‘‘(B) limit any disclosure by the Government Account-
ability Office to any committee or subcommittee of jurisdic-
tion 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 Comp-
troller 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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123 STAT. 1663 
PUBLIC LAW 111–22—MAY 20, 2009 
(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 communica-
tions, 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 assist-
ance; and 
‘‘(iii) the officers, directors, employees, independent 
public accountants, financial advisors and any and all rep-
resentatives 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 Gen-
eral may request. 
‘‘(C) Each contract, term sheet, or other agreement between 
the Board or any Federal reserve bank (or any entity estab-
lished 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 Comp-
troller General determines such audits and examinations are appro-
priate, of any action taken by the Board under the third undesig-
nated 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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123 STAT. 1664 
PUBLIC LAW 111–22—MAY 20, 2009 
Sec. 1103. General provisions. 
Sec. 1104. Protection of personally identifying information by victim service pro-
viders. 
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 pro-
grams carried out under title IV of the McKinney-Vento Home-
less Assistance Act (consisting of the supportive housing pro-
gram and related innovative programs, the safe havens pro-
gram, the section 8 assistance program for single-room occu-
pancy 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 ‘home-
less’, ‘homeless individual’, and ‘homeless person’ means— 
‘‘(1) an individual or family who lacks a fixed, regular, 
and adequate nighttime residence; 
42 USC 11301 
note. 
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123 STAT. 1665 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(2) an individual or family with a primary nighttime resi-
dence 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 pro-
grams for low-income individuals or by charitable organiza-
tions, 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 chil-
dren and youth defined as homeless under other Federal stat-
utes who— 
‘‘(A) have experienced a long term period without living 
independently in permanent housing, 
‘‘(B) have experienced persistent instability as meas-
ured 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, sub-
stance 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 LIFE- 
THREATENING 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 dan-
gerous or life-threatening conditions in the individual’s or family’s 
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123 STAT. 1666 
PUBLIC LAW 111–22—MAY 20, 2009 
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 regu-
lations 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 sec-
tion 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 HOMELESS-
NESS. 
(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 Commu-
nity 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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123 STAT. 1667 
PUBLIC LAW 111–22—MAY 20, 2009 
(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 redesig-
nated by subparagraph (A), the following: 
‘‘(1) not later than 12 months after the date of the enact-
ment of the Homeless Emergency Assistance and Rapid Transi-
tion 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 identifica-
tion 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: Bar-
riers 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 subpara-
graph (A), by striking ‘‘and’’ at the end; 
(F) in paragraph (11), as so redesignated by subpara-
graph (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 selec-
tively 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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123 STAT. 1668 
PUBLIC LAW 111–22—MAY 20, 2009 
all Federal agencies and committees of the House of Represent-
atives 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 home-
less persons receiving housing or services under any such Fed-
eral program, at which meeting such representatives shall dis-
cuss 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 sec-
tion 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 bar-
riers 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 pro-
grams 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 ‘‘prop-
erty.’’ 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 
note. 
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123 STAT. 1669 
PUBLIC LAW 111–22—MAY 20, 2009 
TITLE I—HOUSING ASSISTANCE 
GENERAL PROVISIONS 
SEC. 1101. DEFINITIONS. 
Subtitle A of title IV of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11361 et seq.) is amended— 
(1) by striking the subtitle heading and inserting the fol-
lowing: 
‘‘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 rea-
sons; 
‘‘(ii) is living in the home of another because of eco-
nomic 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 house-
hold) with a diagnosable substance use disorder, 
serious mental illness, developmental disability (as 
42 USC 11360. 
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123 STAT. 1670 
PUBLIC LAW 111–22—MAY 20, 2009 
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-occur-
rence 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 HOME-
LESS 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 indefi-
nite duration; 
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123 STAT. 1671 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(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 impair-
ment, 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 Assist-
ance 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; NONENTITLE-
MENT 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 secu-
rity of such housing; 
‘‘(B) utilities, fuel, furnishings, and equipment for such 
housing; or 
‘‘(C) coordination of services as needed to ensure long- 
term 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 identi-
fying information for or about an individual, including informa-
tion likely to disclose the location of a victim of domestic 
violence, 
dating 
violence, 
sexual 
assault, 
or 
stalking, 
including— 
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123 STAT. 1672 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(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 ‘pri-
vate nonprofit organization’ means an organization— 
‘‘(A) no part of the net earnings of which inures to 
the benefit of any member, founder, contributor, or indi-
vidual; 
‘‘(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 activi-
ties. 
‘‘(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 Sec-
retary of Housing and Urban Development. 
‘‘(23) SERIOUS MENTAL ILLNESS.—The term ‘serious mental 
illness’ means a severe and persistent mental illness or emo-
tional impairment that seriously limits a person’s ability to 
live independently. 
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123 STAT. 1673 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(24) SOLO APPLICANT.—The term ‘solo applicant’ means 
an entity that is an eligible entity, directly submits an applica-
tion for a grant under subtitle C to the Secretary, and, if 
awarded such grant, receives such grant directly from the Sec-
retary. 
‘‘(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 coun-
seling; 
‘‘(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 Fed-
eral, 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 vet-
erans and public benefit claim denials and resolving out-
standing 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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123 STAT. 1674 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(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 pro-
vided under subtitle C, except that if necessary to assure 
that the provision of supportive services to a person partici-
pating 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 lan-
guage barriers, disabilities, alienage status, or age), and any 
other population determined to be underserved by the Sec-
retary, 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 con-
cerning 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 Assist-
ance 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 fol-
lowing new section: 
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123 STAT. 1675 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘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 collabo-
rative applicant for a geographic area does not meet the require-
ments 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 enti-
ties 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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123 STAT. 1676 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(C) provides information to project sponsors and 
applicants for needs analyses and funding priorities; and 
‘‘(D) is developed in accordance with standards estab-
lished 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 disclo-
sure 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 dis-
tribution 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 respon-
sibilities; 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 para-
graph (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 nec-
essary 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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123 STAT. 1677 
PUBLIC LAW 111–22—MAY 20, 2009 
project sponsor funded by a grant received under subtitle 
C. 
‘‘(h) CONFLICT OF INTEREST.—No board member of a collabo-
rative 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 Emer-
gency 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, transi-
tional 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 sub-
section (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 nongovern-
mental entities, States, metropolitan cities, urban counties, and 
counties that are not urban counties, to implement effective plan-
ning 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 pro-
grams, 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 sub-
section (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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PUBLIC LAW 111–22—MAY 20, 2009 
‘‘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 Assist-
ance Act (42 U.S.C. 11371 et seq.) is amended— 
(1) by striking the subtitle heading and inserting the fol-
lowing: 
‘‘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 govern-
ments (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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123 STAT. 1679 
PUBLIC LAW 111–22—MAY 20, 2009 
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 appro-
priated’’ 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 utili-
ties, 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 home-
less individuals or families or individuals or families at risk 
of homelessness, including housing search, mediation or out-
reach 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 cur-
rent housing; or 
‘‘(B) quickly moving such individuals and families to 
other permanent housing. 
Certification. 
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PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(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 activi-
ties during fiscal year most recently completed before the effec-
tive date under section 1503 of the Homeless Emergency Assist-
ance 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 sub-
section: 
‘‘(f) PARTICIPATION IN HMIS.—The Secretary shall ensure that 
recipients of funds under this subtitle ensure the consistent partici-
pation 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 administra-
tive costs for administering the program authorized under sub-
title 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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123 STAT. 1681 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘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 dis-
location caused to individuals, families, and communities by 
homelessness; 
‘‘(3) to promote access to, and effective utilization of, main-
stream programs described in section 203(a)(7) and programs 
funded with State or local resources; and 
‘‘(4) to optimize self-sufficiency among individuals and fami-
lies 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 sec-
tion 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 appropria-
tions 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 require-
ments 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 begin-
ning 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 applica-
tions 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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123 STAT. 1682 
PUBLIC LAW 111–22—MAY 20, 2009 
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 reason-
able control of the recipient or project sponsor. Such factors 
may include difficulties in obtaining site control for a pro-
posed project, completing the process of obtaining secure 
financing for the project, obtaining approvals from State 
or local governments, or completing the technical submis-
sion requirements for the project. 
‘‘(2) OBLIGATION.—Not later than 45 days after a recipient 
or project sponsor meets the requirements described in para-
graph (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 pur-
poses 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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123 STAT. 1683 
PUBLIC LAW 111–22—MAY 20, 2009 
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 collabo-
rative applicant with the highest score based on the selection cri-
teria 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 proce-
dure permits appeals submitted by entities carrying out home-
less 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 applica-
tion 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 para-
graph (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 unaccom-
panied youth and homeless families and children defined 
as homeless under section 103(a)(6) only pursuant to para-
graph (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 homeless-
ness or from eligibility for any projects, activities, or serv-
ices 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 quali-
fied applicants shall be used to carry out projects that serve home-
less individuals or families that consist of one or more of the 
following eligible activities: 
‘‘(1) Construction of new housing units to provide transi-
tional 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, sponsor- 
based 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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PUBLIC LAW 111–22—MAY 20, 2009 
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 home-
less 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 min-
imum 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 para-
graph (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 car-
rying 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 Sec-
retary 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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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 activi-
ties 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 project- 
based 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 require-
ments 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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123 STAT. 1687 
PUBLIC LAW 111–22—MAY 20, 2009 
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 high- 
performing 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 Emer-
gency 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 high- 
performing communities, the Secretary shall designate the 10 
that have, in the discretion of the Secretary, the best perform-
ance 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 des-
ignation 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 sub-
mitted 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 high- 
performing 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 
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‘‘(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 pur-
poses 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 cir-
cumstances 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 avail-
able 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 sec-
tion 422(a) for eligible activities described under section 415(a) 
in previous years based on the authority granted under sub-
section (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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123 STAT. 1689 
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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 notifica-
tion of an award for grant assistance, unless the application pro-
poses 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 speci-
fied 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 appro-
priate 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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123 STAT. 1690 
PUBLIC LAW 111–22—MAY 20, 2009 
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 gen-
erally 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 sub-
sections (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 recipi-
ents 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), meas-
ured 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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123 STAT. 1691 
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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 individ-
uals 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 exer-
cised the authority under section 422(j) to serve fami-
lies 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 commu-
nity; 
‘‘(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 home-
less 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 sub-
populations; 
‘‘(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 strate-
gies; 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 out-
comes 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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123 STAT. 1692 
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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 provi-
sion 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 bar-
riers 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 collabo-
rative 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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123 STAT. 1693 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(i) FORMULA.—Such estimated grant amounts 
shall be determined by a formula, which shall be devel-
oped 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 collabo-
rative 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 sub-
title 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 suffi-
cient funding to renew all qualified projects for at least one 
year; and 
‘‘(2) to ensure that collaborative applicants are not discour-
aged 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 house-
hold. 
‘‘(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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123 STAT. 1694 
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‘‘(4) SUSPENSION.—The requirement established in para-
graph (1) shall be suspended for any year in which funding 
available for grants under this subtitle after making the alloca-
tion 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 para-
graph (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 sub-
section, 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 homeless-
ness generally, reducing homelessness for a specific sub-
population, or achieving homeless prevention and inde-
pendent 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 sub-
populations 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 con-
tracts 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 serv-
ices 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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contributions in subsection (a) only when documented by a memo-
randum 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 Assist-
ance Act (42 U.S.C. 11408 et seq.) is amended— 
(1) by striking the subtitle heading and inserting the fol-
lowing: 
‘‘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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123 STAT. 1697 
PUBLIC LAW 111–22—MAY 20, 2009 
‘‘(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 pro-
vide supportive services or to provide transitional or perma-
nent 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 fami-
lies; 
‘‘(G) provision of rental assistance to provide transi-
tional or permanent housing to homeless individuals and 
families and individuals and families at risk of homeless-
ness, 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 fol-
lowing: ‘‘a description of how individuals and fami-
lies 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 bene-
ficiaries 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 serv-
ices of any eligible activity described under subsection (b). 
‘‘(g) SELECTION CRITERIA.—The Secretary shall establish cri-
teria 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 commu-
nity 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 Sec-
retary.’’; 
(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 avail-
able 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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123 STAT. 1699 
PUBLIC LAW 111–22—MAY 20, 2009 
(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 avail-
able 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 homeless-
ness grant program’’ and inserting ‘‘rural housing sta-
bility 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 ASSIST-
ANCE 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 homeless-
ness 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 rec-
ommendations for removing such barriers. 
(5) A comparison of the rate of homelessness among individ-
uals and families in and from rural areas and rural commu-
nities compared to the rate of homelessness among individuals 
and families in and from non-rural areas and non-rural commu-
nities. 
(6) A general description of homeless assistance for individ-
uals and families in rural areas and rural communities of 
the United States. 
(7) A description of barriers that homeless assistance pro-
viders 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 Agri-
culture, and other Federal departments and agencies in admin-
istering 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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123 STAT. 1701 
PUBLIC LAW 111–22—MAY 20, 2009 
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 develop-
ment. 
(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 Home-
less 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 McKinney- 
Vento 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 redesig-
nating 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 Develop-
ment 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 pro-
viders. 
‘‘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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123 STAT. 1703 
PUBLIC LAW 111–22—MAY 20, 2009 
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. 
‘‘Sec. 492. Use of FHMA inventory for transitional housing for homeless persons 
and for turnkey housing.’’. 
Approved May 20, 2009. 
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