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 123STA T . 1 64 4 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ (2)ELIG I B ILI TYFORAP PRO V AL .—Inorde r t o b ee lig ible f or ap pro v alb y t h e S e c retary , an applicant m ortgagee s hall not be, and shall not have any officer, partner, director, prin - cipal, manager, s u pervisor, loan processor, loan under w riter, 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 2 5 of title 2 4 of the C ode of F ederal R egulations, 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) sub j ect to unresolved findings contained in a Department of H ousing and U rban 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. M ortgage Licensing Act of 2008 (12 U.S.C. 5101 et se q .) or any applicable provision of State law; or ‘‘( G ) in violation of any other requirement as estab- lished by the Secretary. ‘‘( 3 )R U L EM A K I N GAN D IMPLEMENTATION.— T he Secretary shall conduct a rulema k ing to carry out this subsection. The Secretary shall implement this subsection not later than the e x piration of the 6 0-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) U S EOF N AME.—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. Re gulati o n s. D eadline. N otice. Ef fecti v e date.


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 123STA T . 1 645PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9(2)byinsert in g‘ ‘s up p o rt f or borro w er h ousing c ounse l ing , p a rtial clai m s, borrower incenti v es, preforeclosure sale, ’ ’ after ‘‘loan mo d ification,’’ and ( 3 ) by stri k ing ‘‘2 04 (a)( 1 )( A )’’ and inserting ‘‘subsection (a)(1)(A) or section 230(c)’’ . (d) PAYMENTOFFH A M O R T G AGE I N SU RAN C E B ENEF I TS. — (1) A D DITIONA L LOSS MITIGATION ACTIONS.— S ection 230(a) of the N ational Housing Act (12 U .S. C .1 7 1 5 u(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 re q uired,’’ after ‘‘deeds in lieu of foreclosure,’’; and ( E ) by inserting ‘‘or section 230(c),’’ before ‘‘as pro- vided’’. (2) AMENDMENT TO P ARTIAL CLAIM AUT H ORITY.—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) ESTA B LISHMENT OF PROGRAM.— T he 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 E X CEPTIONS.—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, e x cept 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 W ITH CERTAIN ACTI V ITIES.— The Secretary may pay the mortgagee, from the appropriate

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text: Dictionary of National Biography, 1885-1900/Montgomery, Walter


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 123STA T . 1 64 6 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9insura n cef un d, inc o nnec t ion w it h an y acti v ities that the m ort -g agee is re q uired to underta k e concerning re p ayment b y the mortgagor of the amount owed to the S ecretary .’ ’. (3)AS S IGNME N T . — Section 2 3 0 (c) of the N ationa lH ousing Act ( 1 2 U .S. C .1 7 1 5 u(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 A N DLO AN MODI F I C ATION.— ‘‘(A) A U T H O R IT Y .— T he 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) P AYMENT OF B ENEFITS AND ASSIGNMENT.— I n car- rying out this paragraph, the Secretary may pay insurance benefits for a mortgage, in the amount determined in accordance with section 20 4 (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) DIS P OSITION.—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 G overnment National M ortgage 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 F ederal 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) L OAN SER V ICING.—In carrying out this paragraph, the Secretary may require the e x isting servicer of a mort- gage assigned to the Secretary to continue servicing the


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 123STA T . 1 647PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9mortga g e a s a n agent o f t h e S e c retar ydu r i ng the p eriod that the Secretary ac q uires and ho l ds the mortgage for the purpose of modifying the terms of the mortgage , pro -v ided that the Secretary compensates the e x isting servicer appropriately, as such compensation is determined b y the Secretary consistent, to the maximum extent possible, w ith section 203( b ).I f 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 )I MPLE ME NTA T IO N. —T he Secretary of H ousing and U rban D evelopment may implement the amendments made by this subsection through notice or mortgagee letter. (e) C H AN G EO F STAT US .—The N ational Housing A ct is amended by stri k ing section 5 32( 1 2 U.S.C. 1 7 35f – 10) and inserting the following new section

‘ SEC.532 .C HANG E OFM O RT GAGEE STAT U S. ‘ ‘(a) NOTIFI C ATION.—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 L imited Denial of P articipation (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 F ederal law. ‘‘(2) The revocation of a State-issued mortgage loan origi- nator license issued pursuant to the S.A.F. E. M ortgage Licensing Act of 200 8 (12 U.S.C. 5101 et seq.) or any other similar declaration of ineligibility pursuant to State law.’’. (f) CI V IL MONE Y PENALTIES.—Section 53 6 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 ) V iolation 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’, ‘ G overnment 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 authori z ed by the Secretary.’’; 12USC 1 7 1 5unote.


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 123STA T . 1 648PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9(B)inpar a g rap h ( 2 ) — (i) in sub paragraph (B) , b y s t ri k ing ‘ ‘ o r ’ ’atth e en d; (ii) in subparagraph ( C ), by striking the period at the end and inserting ‘‘; or’’; and (iii) by adding at the end the f o l lo w ing new subparagraph ‘‘( D ) c ausing or participating in any of the v iolations set forth in paragraph ( 1 ) of this subsection . ’’; and (C)bya m ending paragraph ( 3 ) to read as follows: ‘‘(3) PROHIB I T IO NAG AIN S T M IS LE A D ING U SEO F FEDERAL ENTIT Y DESIGNATION.— T he S ecretary may impose a civil money penalty, as ad j usted from time to time, under subsection (a) foranyuseof‘ F ederal H ousing A dministration’, ‘Department of Housing and U rban Development’, ‘ G overnment N ational M ortgage 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, e x cept as authori z ed 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) EXP ANDED R E V IE W OF FHA MORTGAGEE APPLI C ANTS 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 I nsurance 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 .E NHA NCE M EN TOFLIQU I D IT Y AND STA B ILITY OF INSU R ED DE P OSITORY INSTITUTIONS TO ENSURE A V AILABILITY OF CREDIT AND REDUCTION OF FORECLOSURES. (a) TEMPORARY INCREASE IN DEPOSIT INSURANCE EXTENDED.— Section 13 6 of the Emergency Economic Stabilization Act of 2 0 0 8 (12 U.S.C. 5 241) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘December 31, 200 9 ’’ and inserting ‘‘December 31, 2013’’; Procedu re s.12USC 1 708n o t e. D e a d li ne.


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 123STA T . 1 649PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 (B)bystrik i ngpa ragrap h ( 2 ) ( C )byr ed esignating paragraph ( 3 ) as paragraph (2); and ( D ) in paragraph (2) , ass o redesignated, by striking ‘ ‘De c e m ber 3 1 ,2 0 0 9’ ’ and inserting ‘‘December 31, 2013’’; and (2)ins u bsection (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) EXTENSIO NO FR ESTO RA TION PL AN PERIO D. — S ection 7 (b)(3)(E)(ii) o f the F edera l Deposit I nsurance Act (12 U .S.C. 1 8 17(b)(3)(E)(ii)) is amended by striking ‘‘ 5- year period’’ and inserting ‘‘8-year period’’. (c) FDIC AND N CUA BORRO W IN G A U T H ORIT Y .— (1) FDIC.—Section 1 4 (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 ‘‘ T he Corporation is authori z ed’’ and inserting the follo w ing ‘‘(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) TE MP ORARY IN C REASES AUTHORI Z ED.— ‘‘(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 v ote of not less than two-thirds of the members of the Board of Directors) and the Board of G overnors 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 e x ceed $500,000,000,000. ‘‘(B) REPORT RE Q UIRED.—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, H ousing, 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 Timep e r i od.


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 123STA T . 1 650PUBLIC LA W 111 – 22 —M A Y 20, 200 9theEm e rg e ncy Ec o nom i c S t ab i l i z ation A cto f20 0 8 to pu r - cha s e or guarantee assets .’ ’. ( 2 )NCU A. — Section 20 3 ( d )( 1 ) of the F ederal Credit Union Act (12 U.S.C. 1 7 83(d)(1)) is amended to read as follo w s

‘(1) I f , in the j udgment of the B oard, a loan to the insurance fund, or to the stabilization fund described in section 217 of this title, is re q uired at any time for purposes of this sub- chapter, the Secretary of the T reasury shall ma k e the loan, but loans under this paragraph shall not e x ceed in the aggre- gate $6 ,000,000,000 outstanding at any one time. Except as otherwise pro v ided 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) T EMPORA R YINC REA S ESO FB ORRO W IN G A UTH ORITY 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 AUTHORI Z E D .— ‘‘(A) R ECOMMENDATIONS FOR INCREASE.— D uring 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 G overnors 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 P resident) 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 RE Q UIRED.—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, H ousing, 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) E X PANDING SYSTEMIC RIS K SPECIA L 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 Ap p licab ili ty.T i me pe r i od. L oa ns .


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 123STA T . 1 65 1 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9inst it u ti o n h o ld in gc o mpa ni e sasi f the yw e r e insured depository institutions .‘ ‘ (I II )REGULATIONS . —T he C orporation shall prescri b e 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 co v er 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 ta k en 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. A ny funds so collected that e x ceed actual losses shall be placed in the D eposit Insurance F und. ’ ’. (e) E STA B LIS HM ENT O F A N ATIONAL C R E D IT U NION S HARE INSUR- AN C E FUND RESTORATION P LAN PERIOD.—Section 20 2(c)(2) of the Federal Credit Union Act ( 1 2 U.S.C. 1 78 2(c)(2)) is amended by adding at the end the following new subparagraph: ‘‘(D) FUND RESTORATION P LANS.— ‘‘(i) IN GENERAL.— W henever— ‘‘(I) the B oard pro j ects that the e q uity 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 9 0 days that meets the requirements of clause (ii) and such other conditions as the Board determines to be appropriate. ‘‘(ii) RE Q UIREMENTS 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) TRANSPARENC Y .—Not more than 3 0 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 STABILI Z ATION 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: Fed e ralR e gist er ,pub li c ati on.D eadline. Deadline.


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 123STA T . 1 65 2 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ SEC.217 . T E MPORA R Y CORPORATE CRE DI T UN ION STA B I L I Z ATION F UND. ‘ ‘ (a)ESTABLI S HMEN T OFS TABILI Z ATION FU N D.—Ther e is here byc rea t e d i n the Treas u ry of the U nited States a fund to be k no w n as the ‘Te mp orary C orporate Credit Union Stabi l i z ation Fund. ’ The B oard will administer the Stabilization Fund as prescribed by sec - tion 209 . ‘‘(b) E XP ENDITU R ES FROM STABILIZATION FUND.— M oney in the Stabilization Fund shall be a v ailable upon re q uisition by the Board , without fiscal year limitation, for makin g payments for the purposes described in section 20 3 (a), sub j ect to the following additional limitations ‘‘( 1 ) A ll payments other than administrative payments shall be connected to the conservatorship, liquidation, or threatened conservatorship or liquidation, of a corporate credit union. ‘‘(2) P rior to authorizing each payment the Board shall— ‘‘(A) certify that, absent the e x istence of the Stabiliza- tion Fund, the Board would have made the identical pay- ment out of the N ational Credit Union Share I nsurance Fund (Insurance Fund) and ‘‘(B) report each such certification to the Committee on Banking, H ousing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of R epresentatives. ‘‘(c) AUTHORIT Y TO BORRO W .— ‘‘(1) IN G ENERAL.—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 AD V AN C ES.— ‘‘(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 G eneral fund of the Treasury. ‘‘(B) V ARIABLE 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 Deadlin e s. Deadline. R e port s. C erti f i c ation. 12US C1 790 e.


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 123STA T . 1 65 3 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9set t h e amoun to f the u pc om i n gr epa y ment an d determine if the S ta b i l i z ation F und w ill ha v e sufficient funds to ma k e the repay - ment .I f the Stabilization Fund might not have sufficient funds to make the repayment , the B oard 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. T he 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. A ny credit union that fails to make timely payment of the special premium is sub j ect to the procedures and penalties described under sub- sections ( d ) , (e), and (f) of section 2 02. ‘ ‘(e) DISTR I BU TI ON S FRO M INSUR A N CE FUN D . — 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 ma x imum amount possible that does not reduce the Insurance Fund’s e q uity ratio below the normal oper- ating level and does not reduce the Insurance Fund’s available assets ratio below 1 .0 percent. ‘‘(f) IN V ESTMENT O F STABI L I Z ATION 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 U nited States of comparable maturity. ‘‘(g) R E P ORTS.—The Board shall submit an annual report to C ongress 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. W ith planned and required future repayments, the Board shall resolve all deficits prior to termination of the Fund. ‘‘(h) CLOSIN G OF STABILIZATION FUND.—Within 9 0 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. 17 8 2(c)(3)(A)) is amended by inserting ‘‘, subject to the requirements of section 217(e),’’ after ‘‘The Board shall’’. Extensio n .D e adl ine.


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 123STA T . 1 654PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9SEC.205 . AP P LI CA T I ON O FG SE CONFO RM ING LOAN LIMIT TO MORT - GAGES ASSISTE DW IT H TARP F U NDS. Inmaki n g an y a s sis t an ce a v ai l a b let opr event an d mitigate f oreclos u res on residential properties , including any assistance for mortgage modifications, using any amounts made available to t h e S ecretary of the T reasury under title I of the E mergency Economic Stabili z ation A ct of 20 0 8, the Secretary shall provide that the limitation on the ma x imum original principal obligation of a mort - gage that may be modified, refinanced, made, guaranteed, insured, or other w ise 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 F ederal H ome L oan M ortgage C orporation 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. 20 6 . MORTGAGES ON CERTAIN HOMES ON LEASED LAND. Section 2 5 5 ( b ) ( 4 ) of the N ational Housing Act ( 1 2 U .S.C. 1 7 15z – 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. 20 7 . SENSE OF CONGRESS REGARDING MORTGAGE RE V ENUE B OND 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. TI T LE III —MOR T GA GE F RA UD TA SK FOR C E SEC. 3 0 1 . SENSE OF CONGRESS ON ESTABLISHMENT OF A NATIONWIDE MORTGAGE FRAUD TAS K FORCE. (a) I NGE NE RAL . — It is the sense of the Congress that the D epartment of J ustice 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) S UP P O R T .—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) MAN D ATOR Y FUN C T I ON S .—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 22 0a.
 * 12USC5


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 123STA T . 1 65 5 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9(2)providet r a i n in g to F edera l,S tate, and lo c al la w en f orce -m ent and pro s ec u torial agencies wit h 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 A ttorney G eneral to enhance the detection of, prevention of, and response to mortgage fraud in the U nited States . (d) OPTIONAL F U N C TION S . —I f the D epartment of J ustice estab- lishes the T as k Force referred to in subsection (a), it is the sense of the C ongress 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 e q uipment 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. TI T LE I V—FOR E C LO SU RE M OR A TORIUM P ROVISIO N S SEC.401 .SE N SE OFTH E CON GR ESS ON FOREC L OS U RES. (a)ING E NE R AL.—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 H ope for Home- owners program, as required under title II, and the P resident ’ 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 O FM ORATORIU M .—The foreclosure moratorium referred to in subsection (a) should apply only for first mortgages secured by the owner’s principal dwelling. (c) FHA- R E G ULATE DL OAN 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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 123STA T . 1 65 6 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9sub s ection(a) s h a l lceasetoa p pl y to such institution as o f the effecti v e d ate of the loan m odification a gr eement . (d) DUTYOFC O NS U MERT O MAI NTAIN P RO P ERTY. —A ny home - o w ner 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 R ESPON D TO REASONA BL E I N Q UIRIES.—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 in q uiries from a creditor or servicer during the period during which such foreclosure proceeding or sale is barred. SEC.402 . PUBLI C - P R I VAT EI N VEST M ENT PR OG RAM A D DITIONAL APPROPRIATIONS F ORT H E SPECIAL INSPECTOR GEN- ERAL FOR THE TROUBLED ASSET RELIEF PROGRAM. (a) SH ORT TITLE.—This section may be cited as the ‘ ‘Public- Private Investment Program Improvement and O versight Act of 20 0 9’ ’. (b) PUBLI C -PRI V ATE INVESTMENT PRO G RAM.— ( 1 ) IN GENERAL.—Any program established by the F ederal G overnment 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 ma k e 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. Re p or t s. Publi c i nf or ma tion. C onsultation. Public - Pri v ate I nvestment Pro g ram Improvement and O versig h t A ct of 20 0 9 . 1 2 US C 5 2 3 1a.


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 123STA T . 1 657PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9(F)requi ree achm a n a g er of a p u bl ic - pri v a t e inve s t- ment fun d to develop a robust ethics polic y that includes methods to ensure compliance w ith 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 S ecretary , 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 ) INTERAC T IO N B ET W EEN PU B L IC-PRI V ATE INVE S T M ENT F UN D SANDT H E TERM-ASSET BAC K ED SECURITIES LOAN FACILIT Y . —T he Secretary shall consult with the Special Inspector General and shall issue regulations governing the interaction of the P ublic-Private Investment Program, the Term- A sset B ac k ed Securities L oan Facility, and other similar public-private investment programs. Such regulations shall address concerns regarding the potential for e x cessive leverage that could result from interactions between such programs. ( 3 ) R EPORT.— N ot later than 6 0 days after the date of the establishment of a program described in paragraph (1), the Special Inspector General shall submit a report to C ongress on the implementation of this section. (c) ADDITIONAL APPROPRIATIONS FOR THE SPECIAL INSPECTOR GENERAL.— (1) IN G ENERAL.— O f amounts made available under section 11 5 (a) of the E mergency Economic Stabili z ation Act of 200 8 (Public Law 110 – 3 4 3), $ 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 D eposit 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 Consulta t i on .Reg ulations.


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 123STA T . 1 658PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9(2)funde d byacom b i na t ion of ca sh o r e q uity from p ri v ate investors and funds provided by the S ecretary of the T reasury or funds appropriated under the E mer g ency Economic Stabi l i z a - tion A ctof2 0 0 8. (f) OF F SETO F C OSTS OF PR O G R AM C H A N GES. —N ot w ithstanding the amendment made by section 202(b) of this Act , paragraph ( 3 ) of section 1 1 5 (a) of the Emergency Economic Stabilization Act of 2008 (12 U .S.C. 5225) is amended by inserting ‘ ‘, as such amount is reduced by $ 1,25 9 ,000,000, ’ ’ after ‘‘$ 7 00,000,000,000’’. (g) R EG UL AT I ONS.—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 . R E MOVAL O F RE QUI REME NT TO LIQUI D ATE W ARRANTS UNDER T H E TAR P . Section 111(g) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221(g)) is amended by stri k ing ‘‘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 MORT G AGE LOANS. (a) I N G ENERAL.—Section 131 of the Truth in L ending Act (15 U.S.C. 1 64 1) is amended by adding at the end the following ‘‘(g) NOTI C EOFNE W CRE D ITOR.— ‘‘(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) PRI V ATE 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,’’. TI T LEV—FARM L O A N RE S TR UC TURIN G SEC. 5 0 1 . 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: Deadlin e .


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 123STA T . 1 659PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 ‘ ‘ (3)SPECIALR EP O R T O NF AR M LOAN RE S TR U CTURIN G.—Notla t er t h a n60d a ys a f ter the date of ena c t m ent of th i s p ara -g raph , the Ov ersight P anel shall s ub mit a special report on farm loan restructuring that— ‘‘( A ) analy z es the state of the commercial farm credit mar k ets and the use of loan restructuring as an alternative to foreclosure by recipients of financial assistance under the T roubled Asset R elief Program and ‘‘( B ) includes an e x amination 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 F arm Service Agency of the D epartment of Agriculture, the farm credit system, and the M aking H ome Affordable Program of the Department of the Treasury. ’ ’. TI T LEV I — E NHA N C E DO VE RS I G HTO F THE TRO UB LED ASSET RELIEF P RO - GRA MSEC.601 .E NHA NCE DOV E R S IG H T O F THE TRO UBL ED ASSET RELIEF P ROGRA M . Section 1 16 of the E mergency Economic Stabilization Act of 2 00 8 (12 U .S. C . 5 226) 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 follo w ing ‘‘(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.— I n this paragraph, the term ‘govern- mental unit’ has the meaning given under section 101(2 7 ) 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) G AO 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 RECOR D S.— ‘‘(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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 123STA T . 1 6 6 0PUBLIC LA W 111 – 22 —M A Y 20, 200 9shal lha ve a c cess ,uponr e q ues t ,toan yi n f or m ation, d ata, schedules, b oo k s, accounts, financial records, reports, files, electronic communications, or other papers, thin g s, or property belonging to or in use by the TARP , any entity established by the S ecretary under this Act, any entity that is established by a F ederal 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 C omptroller G eneral may request .‘ ‘(ii) VERIF I CAT I ON . — The Comptroller General shall be afforded full facilities for verifying transactions w ith the balances or securities held by, among others, depositories, fiscal agents, and custodians. ‘‘(iii) CO P IE S .—The Comptroller General may make and retain copies of such books, accounts, and other records as the Comptroller General determines appro- priate. ‘‘( D )A G REE M ENT BY ENTITIES.— E ach 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 P U B L IC D ISCLOSURE.— ‘‘(i) I N GENERAL.—The Comptroller General may not publicly disclose proprietary or trade secret information obtained under this section. ‘‘(ii) E X CEPTION FOR CONGRESSIONAL COMMIT- TEES.—This subparagraph does not limit disclosures to congressional committees or members thereof having j urisdiction over a private or public entity referred to under subparagraph (C). ‘‘(iii) RULE OF CONSTRUCTION.— N othing 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 1 8, U nited States Code, section 7 1 4 (c) of title 3 1, United States Code, or other applicable provisions of law. ’ ’. TI T LEV II —PRO TE C TI NG TEN A NT S AT F ORECLOS U RE ACT SEC.701 .S HORT T I T L E. This title may be cited as the ‘‘Protecting Tenants at Fore- closure Act of 2 009’’. SEC. 70 2 .E F FECT OF FORECLOS U REO NP REE X ISTIN G TEN A NC Y . (a) IN GENERAL.—In the case of any foreclosure on a federally- related mortgage loan or on any dwelling or residential real property 12USC5 22 0note. 12 USC 5201 note. Pr ote c t i n gT en a nt s at F orec l os u re A ct o f 200 9.


text: Dictionary of National Biography, 1885-1900/Montgomery, William


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 123STA T . 1 6 61 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9after t h e d ate o fe n a c t m ent of th is tit l e , an y immediate s u ccessor in interest in such p roperty pursuant to the foreclosure shall assume such interest su bj ect to —(1) the pro v ision, 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 )theri g hts 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, e x cept that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser w ho 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 S tate 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 re q uire - ments for termination of any F ederal- or State-subsidi z ed ten- ancy or of any State or local law that provides longer time periods or other additional protections for tenants . (b) B ONA F IDEL EA S EO RT ENAN CY .—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 mar k et rent for the property or the unit ’ s rent is reduced or subsidized due to a Federal, State, or local subsidy. (c) D E F INI T ION.—For purposes of this section, the term ‘ ‘feder- ally-related mortgage loan’’ has the same meaning as in section 3ofthe R eal E state Settlement P rocedures Act of 19 74 (12 U .S. C . 2 6 02). SEC.703 .E F FEC TO FFO R EC L OS U REO N SECT I ON 8 TEN A NCIES. Section 8 (o)(7) of the United States H ousing 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: ‘‘ I n 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.D e adl i n e. Notice. Deadline.


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 123STA T . 1 6 62 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9as s i s t a nceu n d e r t h is su b secti o n resides , the i m mediate suc - cessor in interest in such p ropert y pursuant to the f orec l osure shall assume such interest sub j ect to the lease bet w een the prior owner and the tenant and to the housin g assistance payments contract between the prior owner and the public housing agency for the occupied unit, e x cept that this pro v ision and the provisions related to foreclosure in subparagraph (C) shall not shall not affect any S tate or local law that provides longer time periods or other additional protections for tenants .’ ’. SEC.704 .S UN SE T. T his title, and any amendments made by this title are repealed, and the re q uirements under this title shall terminate, on D ecember 31, 20 12. TI T LEV III —COMP T R OLLER G E N ER A L A D DITIONAL A U DIT AUT H ORITIE S SEC. 8 0 1 .C OMP T R O L LER G ENER A LA D D I TIONAL AUDIT AUT H ORITIES. (a) BOARD O FG O VE R N OR S OF TH E F EDERA LR ESERVE S Y STE M . — Section 7 1 4 of title 31, U nited States Code, is amended— (1) in subsection (a), by stri k ing ‘ ‘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) CONF I DENTIAL I NFORMATION.—Section 714(c) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following ‘‘(3) E xcept as provided under paragraph (4), an officer or employee of the Government Accountability O ffice 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) authori z e 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) A C CESS 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; 12USC5 2 0 1 note. 12 USC 5220 note. 4 2USC14 37fa n d note.


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 123STA T . 1 6 63 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9(2)inpar a g rap h (2) ,by in se r t ing ‘ ‘, co pies o f any recor d , ’ ’ after ‘‘records’’ and ( 3 ) by adding at the end the fo l lo w ing ‘‘(3)( A ) F orp u rposes of conducting audits and e x a m inations under subsection (e), the C omptroller G eneral shall ha v e access, upon re q uest, to any information, data, schedules, boo k s, 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 B oard 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) T he Comptroller General shall have access as provided under subparagraph (A) at such time as the Comptroller Gen- eral may request . ‘‘(C) E ach 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) A UDITSOF C ER T A I N A C TIONS OF T H E BOARD OF GO V ERNORS OF THE FEDERA LR ESERVE SY STE M .—Section 714 of title 31, U nited States Code, is amended by adding at the end the following: ‘‘(e) N otwithstanding 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.’’. DIV I S I ONB—H O MEL ESSNESS R E F ORM SEC.10 01. S HORT T I T L E T AB LEO F CO N TENTS. (a) SHORT TITLE.—This division may be cited as the ‘‘ H omeless Emergency Assistance and Rapid Transition to Housing Act of 2 0 0 9 ’’. (b) TA B LE OF CONTENTS.—The table of contents for this division is as follows: DIV I S I ONB—H O MEL ESSNESS R E F ORM S ec.10 01. S hort t i t l e t ab leo f co n tent s . Sec. 100 2 . Fin d in g s and pu rposes. Sec. 100 3 . Definition of ho m elessness. Sec. 100 4 . U nited States Interagenc yC ouncil on Homelessness. T ITLE I—HOUSIN GA SSISTANCE GENERAL P ROVISIONS Sec. 1101. Definitions. Sec. 1102. Community homeless assistance planning boards. Homel e s s E me rg e ncyA ss i s ta nce an dR a p id T ransition to Ho u sing Act o f20 0 9.4 2 USC1 1 3 01 note. D etermination.


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 123STA T . 1 6 6 4PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9Sec.1 1 03 . G e n e ralp r ovis ions. Sec. 110 4 . P ro t ection o f personall y i d entifyin g infor m ation b y victim service pro - viders. Sec. 110 5 . Au t h ori z ation of appropriations. TI T LE II — E M E R GE NCY S O L U TIONS GRANTS PROGRAM Sec. 1 2 01. Grant assistance. Sec. 1202. Eligible activities. Sec. 1203. Participation in H omeless Management Information System. Sec. 1204. Administrative provision. Sec. 1205. GAO study of administrative fees. TITLE III—CONTINUUM O F CARE PROGRAM Sec. 1301. Continuum of care. Sec. 1302. Eligible activities. Sec. 1303. High performing communities. Sec. 1304. Program re q uirements. Sec. 1305. Selection criteria , allocation amounts, and funding. Sec. 130 6 . Research. TITLE I V —RURAL HOUSING STA B ILITY ASSISTANCE PROGRAM Sec. 1401. Rural housing stability assistance. Sec. 1402. GAO study of homelessness and homeless assistance in rural areas. TITLE V—REPEALS AN D CONFORMING AMENDMENTS Sec. 1501. Repeals. Sec. 1502. Conforming amendments. Sec. 1503. Effective date. Sec. 1504. Regulations. Sec. 1505. Amendment to table of contents. SEC.10 0 2 . FIND IN G S A ND PUR P O SES. (a)FIND IN GS.—TheCongr e s s fi n d s t hat— ( 1 )a l a ck of afforda b le ho u sing and li m ited scale of housing assistance p rograms are the primar y causes of homelessness and ( 2 ) homelessness affects all types of communities in the U nited S tates , including rural, urban, and suburban areas. (b) PURPO S E S.—The purposes of this di v ision are— (1) to consolidate the separate homeless assistance pro - grams carried out under title IV of the M c K inney-Vento H ome- less A ssistance 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 d w ellings, 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 re q uired 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 3 0 days. SEC. 100 3 . DEFINI T ION OF H O M E L ESSNESS. (a) IN G ENER AL .—Section 103 of the McKinney-Vento Homeless Assistance Act ( 4 2 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 fi x ed, regular, and adequate nighttime residence; 42USC1 1 30 1 note.


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 123STA T . 1 6 6 5PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ (2)ani n d i v id u a lorf a m il yw i th a p rimary ni g httim e re s i - den c ethatisapu b lic or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings , including a car, par k , 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 F ederal, S tate, or local government programs for low-income individuals or by charitable organi z ations, congregate shelters, and transitional housing); ‘‘( 4 ) an individual who resided in a shelter or place not meant for human habitation and who is e x iting 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 1 4 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 subse q uent 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) DOMESTICV IO L E N CE A N DO T H E R DAN G ERO U SOR L I F E- T HREATENING CONDITIONS.— N otwithstanding 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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 123STA T . 1 6 66 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9cur r entho u si n g situ a tion , inc l u d ing w here the health and sa f et y of children are j eo p ardi z ed, and who ha v e no other residence and lac k the resources or support networks to o b tain other per m anent housing .’ ’. ( b )REGULATIONS . —N ot later than the e x piration of the 6- month period beginning upon the date of the enactment of this division, the S ecretary of H ousing and U rban D evelopment shall issue regu- lations that provide sufficient guidance to recipients of funds under title IV of the M c K inney-Vento Homeless A ssistance Act to allow uniform and consistent implementation of the re q uirements of sec- tion 103 of such Act, as amended by subsection (a) of this section. T his subsection shall take effect on the date of the enactment of this division. (c) C LA R I F I C ATION OF E FFECT ON O T H ER L A W S.—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 F ederal 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.10 0 4 . UNIT E D ST A TES INTE R A G ENC Y C O UNCI L ON H O M ELESS - NESS. (a) IN G ENERAL.—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 (1 5 ) the following ‘‘(16) The Commissioner of Social Security, or the designee of the Commissioner. ‘‘(1 7 ) The Attorney General of the United States, or the designee of the Attorney General. ‘‘(1 8 ) The Director of the Office of Management and B udget, or the designee of the Director. ‘‘(1 9 ) 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) A DM INISTRATION.—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))— 42USC1 1 30 2 note.Ef fe c t iv e da te. D ead l ine. 42 USC 11302 note.


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 123STA T . 1 6 6 7PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9(A)byred e signat ing p aragrap h s( 1 ) , ( 2 ),( 3 ),( 4 ),( 5 ), ( 6 ),and( 7 ) as paragraphs (2), (3), (4), (5), ( 9 ), (1 0 ), and (11), respe c ti v e l y ( B ) by inserting be fo re paragraph (2), as so redesig - nated by s u bparagraph (A), the follo w ing

‘(1) not later than 12 m onths after the date of the enact- ment of the H omeless E mergency Assistance and R apid T ransi- tion to Housing Act of 2009, develop, ma k e available for public comment, and submit to the P resident and to C ongress a N ational S trategic 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 I nteragency Councils on Homelessness and the formulation of j urisdictional 10-year plans to end homelessness at State, city, and county levels; ‘‘(7) annually obtain from F ederal agencies their identifica- tion of consumer-oriented entitlement and other resources for which persons e x periencing 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 G overnment Accountability O ffice in the reports entitled ‘Homelessness: Coordination and Evaluation of Programs Are Essential’, issued February 26, 1999, and ‘Homelessness: Bar- riers to U sing M ainstream Programs’, issued J uly 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 criminali z ing 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 re q uested 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 Deadlin e s. Deadlines. Pub li c in form a t ion. S trate g ic p lan.


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 123STA T . 1 6 6 8PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9al l Fed e r ala g e nci e s and c om mi t tees o f t h e H o u se of R e p resent - ati v es and the S enate having j urisdiction over an y Federal program to assist homeless individuals or families , local and State governments, academic researchers w ho speciali z ein homelessness, nonprofit housing and service providers that receive funding under any Federal program to assist homeless individuals or families, organizations advocating on b ehalf 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 1 03 (a) of the M c K inney- V ento Homeless A ssistance Act, as amended by sec- tion 1003 of the Homeless E mergency Assistance and Rapid T ransition to Housing Act of 2 00 9, should be modified by the C ongress, including whether there is a compelling need for a uniform definition of homelessness under Federal law, the e x tent 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 G overnment Accountability O ffice 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 6 0-day period beginning upon conclusion of such meeting . ’’. (4) in section 203(b)(1) (42 U .S.C. 11313(b)) — (A) by stri k ing ‘‘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 20 8 (42 U.S.C. 11318) and inserting the following

‘ SEC.208 . AUTHORIZ ATIO N O F A P PROPRIATIONS. ‘‘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) E F F ECTIV E DA TE.—The amendments made by subsection (a) shall take effect on, and shall apply beginning on, the date of the enactment of this division. 42USC1 1 3 11 note.


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 123STA T . 1 6 6 9PUBLIC LA W 111 – 22 —M A Y 2 0, 2009 TI T LE I —HOUS I NGA SSISTAN C E GENE R AL P RO V ISIONS SEC.1 1 0 1. D E FIN I T I O NS. Subti t leAof title IV oft h e McK i n ne y- Vento H o m ele s s Assist- a nce Act (42U. S. C . 1 1 36 1etse q . ) is amen d ed — (1) by st r i k in g the subtitle heading and inserting the fol- lo w ing

‘S ubti t le A—Ge n e ra lPr ov i s ions ’ ’ (2) by redesignating sections 4 0 1 and 402 (42 U.S.C. 11361, 11362) as sections 403 and 406, res p ecti v ely and (3) by inserting before section 403 (as so redesignated by paragraph (2) of this section) the following new section: ‘ ‘SEC. 4 01. DEFINITIONS. ‘ ‘ F or purposes of this title: ‘‘(1) A TRISKOFH O MEL ESS N ESS.— T he 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 e x iting 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) CHRONI CA LL Y HOMELESS.— ‘‘(A) IN G ENERAL.—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 42USC1 1 360.


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 123STA T . 1 670PUBLIC LA W 111 – 22 —M A Y 20, 200 9defin ed in s e ct i o n 102 oft h e D e v e l o pm ent a l Disa b ilities A ssistance and B ill of R i g hts Act of 2000 (4 2 U.S . C . 1 5 002 ) ), post t r a u matic stress disorder, cognitive impairments resulting from a brain in j ur y , or chronic physical illness or disability, including the co - occur- rence of 2 or more of those conditions. ‘ ‘(B) R ULEOFC O NSTR UCT I ON. — A person w ho 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 9 0 days shall be considered chronically homeless if such person met all of the re q uirements described in subparagraph (A) prior to entering that facility. ‘‘( 3 ) COLL AB ORATI V EA P PLICANT.— T he 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) CONSOLI D ATED PLAN.—The term ‘Consolidated P lan’ means a comprehensive housing affordability strategy and community development plan required in part 91 of title 24, Code of F ederal Regulations. ‘‘( 6 ) E LI G IBLE ENTIT Y .—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 )FA M ILIES W IT H 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 VI I this Act (42 U.S.C. 11431 et seq.). ‘‘( 8 ) G EOGRAPHIC 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 H ousing 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 e x pected to be long-continuing or of indefi- nite duration;


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 123STA T . 1 67 1 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ (I I )sub s tan t i a l l y i mped est h e indi v idual ’ s ability t o live independently ‘‘(III) c ould be imp r oved by the provision o f more suitable housin g conditions; and ‘‘(I V ) is a physical , mental, or emotional impair - ment, including an impairment caused by alcohol or drug abuse, post traumatic stress disorder, or brain in j ury; ‘‘(ii) is a developmental disability, as defined in section 102 of the D evelopmental Disabilities A ssist- ance and B ill of R ights Act of 2000 ( 4 2 U.S . C .1 5 002); or ‘‘(iii) is the disease of ac q uired immunodeficiency syndrome or any condition arising from the etiologic agency for acquired immunodeficiency syndrome. ‘‘(B) R ULE . —N othing in clause (iii) of subparagraph (A) shall be construed to limit eligibility under clause (i) or (ii) of subparagraph (A). ‘‘(10) L E GA LE NTI T Y .— T he term ‘legal entity’ means— ‘‘(A) an entity described in section 501(c)( 3 ) of the Internal Revenue Code of 1 986 (26 U.S.C. 501(c)(3)) and e x empt 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) M ET ROP OLITAN C ITY; UR B AN COUNTY; NONENTITLE- M ENT AREA.—The terms ‘metropolitan city’, ‘urban county’, and ‘nonentitlement area’ have the meanings given such terms in section 102(a) of the H ousing and Community Development Act of 19 7 4 (42 U.S.C. 5302(a)). ‘‘(12) NE W .—The term ‘ne w ’ means, with respect to housing, that no assistance has been provided under this title for the housing. ‘‘(13) O PERATING CO S TS.—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 H EALTH SER V ICES.—The term ‘outpatient health services’ means outpatient health care services, mental health services, and outpatient substance abuse services. ‘‘(15) P ERMANENT 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 I D ENTI F YING INFORMATION.—The term ‘personally identifying information’ means individually identi- fying information for or about an individual, including informa- tion li k ely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, including—


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 123STA T . 1 67 2 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ (A)afirst a ndl ast na me; ‘‘( B )a ho me or other p h y si c al address; ‘‘( C ) contact information (incl u din g a postal, e - mail or I nternet protocol address, or telephone or facsimile num b er); ‘‘( D ) a social security number; and ‘‘( E ) any other information, including date of birth, racial or ethnic bac k ground, or religious affiliation, that, in combination w ith any other non-personally identifying information, would ser v e to identify any individual . ‘‘( 17 ) PRIVATENO N P RO F IT OR G ANI Z ATION. —T he term ‘pri- vate nonprofit organi z ation ’ 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 re q uirements established by the S ecretary; and ‘‘(D) that practices nondiscrimination in the provision of assistance. ‘‘(1 8 ) PRO J E C T.—The term ‘pro j ect’ 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. ‘‘(1 9 ) PROJECT- B A S E D .—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 e x ists 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. ‘‘(2 0 ) 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) R ECIPIENT.—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) SECRETAR Y .—The term ‘Secretary’ means the Sec- retary of H ousing and U rban Development. ‘‘(23) SERIO U S M ENTA L 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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 123STA T . 1 67 3 PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ (24)SOL O AP PL IC A NT.—Thet e rm ‘ sol o ap pl ic a n t ’ means an entit y that is an eli g i b le entity ,d irectly s u bmits an applica - tion f or a grant under subtitle C to the Secretary, and, if a w arded such grant, recei v es such grant directly from the Sec- retary. ‘‘(2 5 ) SPON S O R - B AS ED .—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 pro j ect sponsor and ‘‘(ii) an independent entity that— ‘‘( I ) is a private organi z ation; 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. ‘‘(2 6 ) STATE.— Ex cept as used in subtitle B, the term ‘State’ means each of the several States, the D istrict of Columbia, the Commonwealth of P uerto R ico, the U nited States V irgin Islands, G uam, American Samoa, the Commonwealth of the N orthern M ariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. ‘‘(2 7 )S U PPORTI V E 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 s k ills 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 e q uipment); ‘‘( 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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 123STA T . 1 674PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ (28)TENA N T-B A S E D.— T het e rm ‘te na nt- b a s e d’ means ,wi th res p e c tt o renta l assistance, assistance that— ‘‘( A ) allows an eli g ible person to select a ho u sing unit in which such person will li v e using rental assistance pro- vided under subtitle C ,e x cept that i f necessar y to assure that the provision of supportive services to a person partici- pating in a program is feasible, a recipient or pro j ect sponsor may re q uire 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 stal k ing, 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. ‘‘(2 9 )T R ANS I TI O NA LH O U SIN G .—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 2 4 months or such longer period as the S ecretary determines necessary. ‘‘( 30 ) U NI F IED FUNDING AGEN CY .—The term ‘unified funding agency’ means a collaborative applicant that performs the duties described in section 402(g). ‘‘(3 1 ) UNDERSER V ED P OPULATIONS.—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) V ICTI M SERVICE PROVIDER.—The term ‘victim service provider’ means a private nonprofit organi z ation 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.1 1 02 .C OM M UNITYH OME L ESS A SSISTANCE P LANNIN GB OA RD S. Subtitle A of title I Vofthe M c K inney-Vento H omeless Assist- ance Act (42 U.S.C. 113 6 1 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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 123STA T . 1 675PUBLIC LA W 111 – 22 —M A Y 2 0, 200 9‘ ‘ SEC.402 .C OL L AB O R A TIV EA P PLICA N TS. ‘ ‘ (a)ESTABLI S HMEN TAN DD ESI G NATI O N .—Acol la b o r a tive a p plica n t sh all be establishe df ora g eographic area b y the relevant parties in that geographic area to— ‘‘( 1 )s u b m it an application for amounts under this subtitle and ‘‘( 2 ) perform the duties specified in subsection (f) and , if applicable, subsection (g). ‘‘(b) N O R E QU I R EMENT T O B EA L EGAL ENTIT Y .—An entity may be established to serve as a collaborative applicant under this section w ithout being a legal entity. ‘‘(c) REMEDIAL A C TION.— I f the S ecretary finds that a collabo - rative applicant for a geographic area does not meet the re q uire- ments of this section, or if there is no collaborative applicant for a geographic area, the Secretary may ta k e 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) A P POINTMENT O F AGENT.— ‘‘(1) IN GENERAL.—Sub j ect to paragraph (2), a collaborative applicant may designate an agent to— ‘‘(A) apply for a grant under section 4 22(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 42 6 and ‘‘(ii) the selection criteria described under section 42 7 ‘‘(B) to establish priorities for funding projects in the geographic area involved; ‘‘(2) participate in the Consolidated P lan 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 ‘ HM IS ’ ) that— ‘‘(A) collects unduplicated counts of individuals and families e x periencing homelessness; ‘‘(B) analy z es patterns of use of assistance provided under subtitles B and C for the geographic area involved; 42USC1 1 360a.
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