[Congressional Record Volume 155, Number 66 (Friday, May 1, 2009)]
[Senate]
[Pages S5027-S5042]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1030. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 1018 submitted by Mr. Dodd (for himself and Mr. Shelby) to 
the bill S. 896, to prevent mortgage foreclosures and enhance mortgage 
credit availability; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

                  TITLE V--TARP REDUCTION PRIORITY ACT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``TARP Reduction Priority 
     Act''.

     SEC. 502. FINDINGS.

       Congress finds the following:
       (1) On October 7, 2008, Congress established the Troubled 
     Assets Relief Program (TARP) as part of the Emergency 
     Economic Stabilization Act (Public 110-343; 122 Stat. 3765) 
     and allocated $700,000,000,000 for the purchase of toxic 
     assets from banks with the goal of restoring liquidity to the 
     financial sector and restarting the flow of credit in our 
     markets.
       (2) The Department of Treasury, without consultation with 
     Congress, changed the purpose of TARP and began injecting 
     capital into financial institutions through a program called 
     the Capital Purchase Program (CPP) rather than purchasing 
     toxic assets.
       (3) Lending by financial institutions was not noticeably 
     increased with the implementation of the CPP and the 
     expenditure of $218,000,000,000 of TARP funds, despite the 
     goal of the program.
       (4) The recipients of amounts under the CPP are now faced 
     with additional restrictions related to accepting those 
     funds.
       (5) A number of community banks and large financial 
     institutions have expressed their desire to return their CPP 
     funds to the Department of Treasury and the Department has 
     begun the process of accepting receipt of such funds.
       (6) The Department of the Treasury should not reuse 
     returned funds for additional lending for financial 
     assistance.
       (7) The United States Constitution provided Congress with 
     the power of the purse hence any future spending of TARP 
     funds, or other financial assistance, should be determined by 
     Congress.

     SEC. 503. TARP AUTHORIZATION REDUCTION.

       Section 115(a)(3) the Emergency Economic Stabilization Act 
     of 2008 (12 U.S.C. 5211 et seq.) is amended by inserting 
     ``minus any amounts received by the Secretary for repayment 
     of the principal of financial assistance by an entity that 
     has received financial assistance under the TARP or any 
     program enacted by the Secretary under the authorities 
     granted to the Secretary under this Act,'' before 
     ``outstanding at any one time.''
                                 ______
                                 
  SA 1031. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1018 submitted by Mr. Dodd (for himself and Mr. Shelby) 
to the bill S. 896, to prevent mortgage foreclosures and enhance 
mortgage credit availability; which was ordered to lie on the table; as 
follows:

       At the end of title I of the amendment, add the following:

     SEC. 105. MULTIFAMILY MORTGAGE RESOLUTION PROGRAM.

       Title I of the Emergency Economic Stabilization Act of 2008 
     (12 U.S.C. 5211 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 137. MULTIFAMILY MORTGAGE RESOLUTION PROGRAM.

       ``(a) Establishment.--The Secretary of the Treasury, in 
     consultation with the Secretary of Housing and Urban 
     Development, shall develop a program to stabilize multifamily 
     properties which are delinquent, at risk of default or 
     disinvestment, or in foreclosure.
       ``(b) Focus of Program.--The program developed under this 
     section shall be used to ensure the protection of current and 
     future tenants of at risk multifamily properties by--
       ``(1) creating sustainable financing of such properties 
     that is based on--
       ``(A) the current rental income generated by such 
     properties; and
       ``(B) the preservation of adequate operating reserves;
       ``(2) maintaining the level of Federal, State, and city 
     subsidies in effect as of the date of enactment of this 
     section; and

[[Page S5028]]

       ``(3) facilitating the transfer, when necessary, of such 
     properties to new owners, provided that the Secretary of the 
     Treasury determines such new owner to be responsible.
       ``(c) Coordination.--The Secretary of the Treasury shall in 
     carrying out the program developed under this section 
     coordinate with the Secretary of Housing and Urban 
     Development, the Federal Deposit Insurance Corporation, the 
     Board of Governors of the Federal Reserve System, the Federal 
     Housing Finance Agency, and any other Federal Government 
     agency that the Secretary considers appropriate.
       ``(d) Definition.--For purposes of this section, the term 
     `multifamily properties' means a residential structure that 
     consists of 5 or more dwelling units.''.
                                 ______
                                 
  SA 1032. Mr. FEINGOLD (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill S. 896, to prevent 
mortgage foreclosures and enhance mortgage credit availability; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

                   TITLE __--FARM LOAN RESTRUCTURING

     SEC. _01. FARM LOAN RESTRUCTURING.

       (a) Definitions.--In this section:
       (1) Farm loan.--The term ``farm loan'' means a loan, 
     including a loan guaranteed by the Farm Service Agency, made 
     by a lender for any of the purposes described in--
       (A) section 303(a)(1) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1923(a)(1));
       (B) section 312(a) of that Act (7 U.S.C. 1942(a)); or
       (C) section 323 of that Act (7 U.S.C. 1963).
       (2) Lender.--The term ``lender'' means a bank or financial 
     institution, including any subsidiary or branch of a bank or 
     financial institution, that receives financial assistance 
     under the Troubled Asset Relief Program established under 
     title I of the Emergency Economic Stabilization Act of 2008 
     (12 U.S.C. 5211 et seq.).
       (b) Offer to Restructure Required.--
       (1) In general.--Except as otherwise provided in this 
     section, each lender shall be required to offer to borrowers 
     to whom the lender made a farm loan a restructuring program 
     comparable to terms and conditions of the program established 
     under section 353 of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2001) and in accordance with this 
     subsection.
       (2) Repurchasing requirement.--If a lender sells a farm 
     loan in a secondary market but retains the right to 
     repurchase all or part of the farm loan, the lender shall 
     repurchase the farm loan if necessary to complete the 
     restructuring required under this subsection.
       (3) Recapture period.--Beginning on the date of enactment 
     of this title, the recapture period for any shared 
     appreciation agreement required as part of a debt write-down 
     under the loan restructuring program of a lender shall not 
     exceed 5 years from the date of the write-down.
       (4) Borrower future eligibility.--The receipt by a borrower 
     of a debt write-down under the loan restructuring program of 
     a lender shall not prevent the borrower from establishing 
     eligibility for future loans from the lender.
       (5) Principal residence.--In a case in which a borrower has 
     given a lender a security interest in the principal residence 
     of the borrower to secure a farm loan and the borrower is at 
     least 60 days past due on any farm loan made by the lender, 
     the lender shall offer restructuring for all farm loans made 
     by the lender to the borrower, regardless of whether the farm 
     loan secured by the principal residence of the borrower is 60 
     days past due.
       (6) Ability to make payments.--If a borrower demonstrates 
     an ability to make payments on a restructured farm loan that 
     has a net present value that is at least equal to what the 
     lender would receive in case of foreclosure, the lender shall 
     restructure the farm loan.
       (c) Future Eligibility.--Except as otherwise provided in 
     this section, a lender that received financial assistance 
     described in subsection (a)(2) prior to the date of enactment 
     of this title shall be ineligible to receive additional 
     financial assistance under the program specified in that 
     paragraph or any other Federal financial assistance, 
     including through loan guarantee programs, until the lender 
     offers to borrowers a restructuring program described in 
     subsection (b), or begins the process to implement such a 
     program, for farm loans made by the lender before, on, or 
     after the date of enactment of this Act.
       (d) Applicability.--
       (1) In general.--This section applies to any lender that 
     receives financial assistance described in paragraph (2) or 
     modifies the terms of assistance described in that paragraph 
     on or after the date of enactment of this title.
       (2) TARP termination.--In the case of a lender that 
     received assistance under the Troubled Asset Relief Program 
     established under title I of the Emergency Economic 
     Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), the farm 
     loan restructuring requirements under subsection (b) shall 
     not apply to the lender effective beginning on the date on 
     which the lender completes repayment of that assistance, as 
     determined by the Secretary of the Treasury.
       (3) Temporary waiver.--
       (A) In general.--The Secretary of the Treasury may 
     temporarily waive the requirement for an individual lender to 
     offer restructuring under this section if the lender 
     demonstrates to the satisfaction of the Secretary that the 
     requirement--
       (i) significantly impacts the ability of the lender to 
     provide farm loans; or
       (ii) significantly worsens the financial stress test 
     assessment of the lender.
       (B) Term.--The term of a waiver under subparagraph (A) may 
     not exceed 30 days but may be renewed.
       (C) Notice.--The Secretary of the Treasury shall provide 
     notice to Congress and the public of any waivers made under 
     this paragraph.
                                 ______
                                 
  SA 1033. Mr. CASEY (for himself, Mr. Leahy, Mr. Specter, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed to amendment 
SA 1018 submitted by Mr. Dodd (for himself and Mr. Shelby) to the bill 
S. 896, to prevent mortgage foreclosures and enhance mortgage credit 
availability; which was ordered to lie on the table; as follows:

       At the end of title I of the amendment, add the following:

     SEC. 105. NEIGHBORHOOD STABILIZATION PROGRAM REFINEMENTS.

       (a) In General.--Section 2301 of the Foreclosure Prevention 
     Act of 2008 (42 U.S.C. 5301 note) is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(5) Distribution of funds in certain states; competition 
     for funds.--Each State that receives the minimum allocation 
     of amounts pursuant to the requirement under section 2302 
     shall be permitted to use such amounts to address statewide 
     concerns, provided that such amounts are made available for 
     an eligible use described under paragraphs (3) and (4) of 
     subsection (c).''; and
       (2) in subsection (c), by adding at the end the following:
       ``(4) Foreclosure prevention and mitigation.--
       ``(A) In general.--Each State and unit of general local 
     government that receives an allocation of any covered 
     amounts, as such amounts are distributed pursuant to section 
     2302, may use up to 10 percent of such amounts for 
     foreclosure prevention programs, activities, and services, 
     foreclosure mitigation programs, activities, and services, or 
     both, as such programs, activities, and services are defined 
     by the Secretary.
       ``(B) Definition of covered amounts.--For purposes of this 
     paragraph, the term `covered amount' means any amounts 
     appropriated--
       ``(i) under this section as in effect on the date of 
     enactment of this section; and
       ``(ii) under the heading `Community Development Fund' of 
     title XII of division A of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 
     217).''.
       (b) Retroactive Effective Date.--The amendment made by 
     subsection (a) shall take effect as if enacted on the date of 
     enactment of the Foreclosure Prevention Act of 2008 (Public 
     Law 110-289).
                                 ______
                                 
  SA 1034. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 1018 submitted by Mr. Dodd (for himself and Mr. Shelby) to 
the bill S. 896, to prevent mortgage foreclosures and enhance mortgage 
credit availability; which was ordered to lie on the table; as follows:

       On page 64, after line 16, add the following:

              TITLE V--PUBLIC-PRIVATE INVESTMENT PROGRAMS

     SEC. 501 PUBLIC-PRIVATE INVESTMENT PROGRAMS.

       (a) In General.--Subsection (b) shall apply to any program 
     established by the Secretary of the Treasury or the Board of 
     Directors of the Federal Deposit Insurance Corporation that--
       (1) creates a public-private investment fund;
       (2) makes available any funds from the Troubled Asset 
     Relief Program established under title I of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) 
     or the Federal Deposit Insurance Corporation for--
       (A) a public-private investment fund; or
       (B) a loan to a private investor to fund the purchase of a 
     mortgage-backed security or an asset-backed security;
       (3) employs or contracts with a private sector partner to 
     manage assets for a public-private investment program; or
       (4) guarantees any debt or asset for purposes of a public-
     private investment program.
       (b) Requirements.--Any program described in subsection (a) 
     shall--
       (1) impose strict conflict of interest rules on managers of 
     public-private investment funds that--
       (A) specifically describe the extent, if any, to which such 
     managers may--
       (i) invest the assets of a public-private investment fund 
     in assets that are held or managed by such managers or the 
     clients of such managers; and
       (ii) conduct transactions involving a public-private 
     investment fund and an entity in which such manager or a 
     client of such manager has invested;

[[Page S5029]]

       (B) take into consideration that there is a trade-off 
     between hiring a manager having significant experience as an 
     asset manager that has complex conflicts of interest, and 
     hiring a manager having less expertise that has no conflicts 
     of interest; and
       (C) acknowledge that the types of entities that are 
     permitted to make investment decisions for a public-private 
     investment fund may need to be limited to mitigate conflicts 
     of interest;
       (2) require the disclosure of information regarding 
     participation in and management of public-private investment 
     funds, including any transaction undertaken in a public-
     private investment fund;
       (3) require each public-private investment fund to make a 
     certified report to the Secretary of the Treasury that 
     describes each transaction of such fund and the current value 
     of any assets held by such fund, which report shall be 
     publicly disclosed by the Secretary of the Treasury;
       (4) require each manager of a public-private investment 
     fund to report to the Secretary of the Treasury any holding 
     or transaction by such manager or a client of such manager in 
     the same type of asset that is held by the public-private 
     investment fund;
       (5) allow the Special Inspector General of the Troubled 
     Asset Relief Program, access to all books and records of a 
     public-private investment fund;
       (6) require each manager of a public-private investment 
     fund to retain all books, documents, and records relating to 
     such public-private investment fund, including electronic 
     messages;
       (7) allow the Special Inspector General of the Troubled 
     Asset Relief Program, the Secretary of the Treasury, and any 
     other Federal agency having oversight responsibilities with 
     respect to a public-private investment fund access to--
       (A) the books, documents, records, and employees of each 
     manager of a public-private investment fund; and
       (B) the books, documents, and records of each private 
     investor in a public-private investment fund that relate to 
     the public-private investment fund;
       (8) require each manager of a public-private investment 
     fund to give such public-private investment fund terms that 
     are at least as favorable as those given to any other person 
     for whom such manager manages a fund;
       (9) require each manager of a public-private investment 
     fund to acknowledge a fiduciary duty to the public and 
     private investors in such fund;
       (10) require each manager of a public-private investment 
     fund to develop a robust ethics policy that includes methods 
     to ensure compliance with such policy;
       (11) require stringent investor screening procedures for 
     public-private investment funds that include ``know your 
     customer'' requirements that are at least as rigorous as 
     those of a commercial bank or retail brokerage operation;
       (12) require each manager of a public-private investment 
     fund to identify for the Secretary of the Treasury each 
     beneficial owner of a private interest in such fund; and
       (13) require the Secretary of the Treasury to ensure that 
     all investors in a public-private investment fund are 
     legitimate.
       (c) Report.--Not later than 45 days after the date of the 
     establishment of a program described in subsection (a), the 
     Special Inspector General of the Troubled Asset Relief 
     Program shall submit to Congress a report on the 
     implementation of this section.
       (d) Definition.--In this section, the term ``public-private 
     investment fund'' means a financial vehicle that is--
       (1) established by the Federal Government to purchase pools 
     of loans, securities, or assets from a financial institution 
     described in section 101(a)(1) of the Emergency Economic 
     Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); and
       (2) funded by a combination of cash or equity from private 
     investors and funds provided by the Secretary of the 
     Treasury, the Federal Deposit Insurance Corporation, or the 
     Board of Governors of the Federal Reserve System.
                                 ______
                                 
  SA 1035. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 1018 submitted by Mr. Dodd (for himself and Mr. Shelby) to 
the bill S. 896, to prevent mortgage foreclosures and enhance mortgage 
credit availability; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) In General.--Section 131 of the Truth in Lending Act 
     (15 U.S.C. 1641) is amended by adding at the end the 
     following:
       ``(g) Notice of New Creditor.--
       ``(1) In general.--In addition to other disclosures 
     required by this title, not later than 30 days after the date 
     on which a mortgage loan is sold or otherwise transferred or 
     assigned to a third party, the creditor that is the new owner 
     or assignee of the debt shall notify the borrower in writing 
     of such transfer, including--
       ``(A) the identity, address, telephone number of the new 
     creditor;
       ``(B) the date of transfer;
       ``(C) how to reach an agent or party having authority to 
     act on behalf of the new creditor;
       ``(D) the location of the place where transfer of ownership 
     of the debt is recorded; and
       ``(E) any other relevant information regarding the new 
     creditor.
       ``(2) Definition.--As used in this subsection, the term 
     `mortgage loan' means any consumer credit transaction that is 
     secured by the principal dwelling of a consumer.''.
       (b) Private Right of Action.--Section 130(a) of the Truth 
     in Lending Act (15 U.S.C. 1640(a)) is amended by inserting 
     ``subsection (f) or (g) of section 131,'' after ``section 
     125,''.
                                 ______
                                 
  SA 1036. Mr. KERRY (for himself, Mrs. Gillibrand, Mr. Reid, Mr. Dodd, 
and Mr. Kennedy) submitted an amendment intended to be proposed to 
amendment SA 1018 submitted by Mr. Dodd (for himself and Mr. Shelby) to 
the bill S. 896, to prevent mortgage foreclosures and enhance mortgage 
credit availability; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

             TITLE V--PROTECTING TENANTS AT FORECLOSURE ACT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Protecting Tenants at 
     Foreclosure Act of 2009''.

     SEC. 502. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY.

       (a) In General.--In the case of any foreclosure on a 
     federally-related mortgage loan or on any dwelling or 
     residential real property after the date of enactment of this 
     title, any immediate successor in interest in such property 
     pursuant to the foreclosure pursuant to the foreclosure shall 
     assume such interest subject to--
       (1) the provision, by such successor in interest of a 
     notice to vacate to any bona fide tenant at least 90 days 
     before the effective date of such notice; and
       (2) the rights of any bona fide tenant, as of the date of 
     such notice of foreclosure--
       (A) under any bona fide lease entered into before the 
     notice of foreclosure to occupy the premises until the end of 
     the remaining term of the lease, except that a successor in 
     interest may terminate a lease effective on the date of sale 
     of the unit to a purchaser who will occupy the unit as a 
     primary residence, subject to the receipt by the tenant of 
     the 90 day notice under paragraph (1); or
       (B) without a lease or with a lease terminable at will 
     under State law, subject to the receipt by the tenant of the 
     90 day notice under subsection (1), except that nothing under 
     this section shall affect the requirements for termination of 
     any Federal- or State-subsidized tenancy or of any State or 
     local law that provides longer time periods or other 
     additional protections for tenants.
       (b) Bona Fide Lease or Tenancy.--For purposes of this 
     section, a lease or tenancy shall be considered bona fide 
     only if--
       (1) the mortgagor under the contract is not the tenant;
       (2) the lease or tenancy was the result of an arms-length 
     transaction; or
       (3) the lease or tenancy requires the receipt of rent that 
     is not substantially less than fair market rent for the 
     property.
       (c) Definition.--For purposes of this section, the term 
     ``federally-related mortgage loan'' has the same meaning as 
     in section 3 of the Real Estate Settlement Procedures Act of 
     1974 (12 U.S.C. 2602).

     SEC. 503. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES.

       Section 8(o)(7) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(7)) is amended--
       (1) by inserting before the semi-colon in subparagraph (C) 
     the following: ``and in the case of an owner who is an 
     immediate successor in interest pursuant to foreclosure--
       ``(i) during the initial term of the lease vacating the 
     property prior to sale shall not constitute other good cause; 
     and
       ``(ii) in subsequent lease terms, vacating the property 
     prior to sale may constitute good cause if the property is 
     unmarketable while occupied, or if such owner will occupy the 
     unit as a primary residence''; and
       (2) by inserting at the end of subparagraph (F) the 
     following: ``In the case of any foreclosure on any federally-
     related mortgage loan (as that term is defined in section 3 
     of the Real Estate Settlement Procedures Act of 1974 (12 
     U.S.C. 2602)) or on any residential real property in which a 
     recipient of assistance under this subsection resides, the 
     immediate successor in interest in such property pursuant to 
     the foreclosure shall assume such interest subject to the 
     lease between the prior owner and the tenant and to the 
     housing assistance payments contract between the prior owner 
     and the public housing agency for the occupied unit, except 
     that this provision and the provisions related to foreclosure 
     in subparagraph (C) shall not shall not affect any State or 
     local law that provides longer time periods or other 
     additional protections for tenants.''.

     SEC. 504. SUNSET.

       This title, and any amendments made by this title are 
     repealed, and the requirements under this title shall 
     terminate, on December 31, 2012.
                                 ______
                                 
  SA 1037. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 1018 submitted by Mr. Dodd (for himself and Mr. Shelby) to 
the bill S. 896, to prevent mortgage foreclosures and enhance mortgage 
credit availability; which was ordered to lie on the table; as follows:


[[Page S5030]]


       At the end of title I of the amendment, add the following:

     SEC. 105. WARNINGS TO HOMEOWNERS OF FINANCIAL SCAMS.

       (a) In General.--In connection with a foreclosure 
     proceeding on a residential mortgage loan initiated by a 
     lender, the loan servicer of such loan shall, at the time of 
     initiation of the proceeding, notify the homeowner of such 
     loan of the dangers of fraudulent activities associated with 
     foreclosure.
       (b) Notice Requirements.--Each notice provided under 
     subsection (a) shall--
       (1) be in writing;
       (2) have the heading ``Notice Required by Federal Law'' in 
     a 14-point boldface type in English and Spanish at the top of 
     such notice; and
       (3) contain the following statement in English and Spanish: 
     ``Mortgage foreclosure is a complex process. Some people may 
     approach you about saving your home. You should be careful 
     about any such promises. There are government and nonprofit 
     agencies you may contact for helpful information about the 
     foreclosure process. Contact your lender immediately at 
     [____], call the Department of Housing and Urban Development 
     Housing Counseling Line at (800) 569-4287 to find a housing 
     counseling agency certified by the Department to assist you 
     in avoiding foreclosure, or visit the Department's Tips for 
     Avoiding Foreclosure website at http://www.hud.gov/
 foreclosure for additional assistance.'' (the blank space to 
     be filled in by the loan servicer and successor telephone 
     numbers and Uniform Resource Locators (URLs) for the 
     Department of Housing and Urban Development Housing 
     Counseling Line and Tips for Avoiding Foreclosure website, 
     respectively.).
       (c) Loan Servicer.--As used in this section, the term 
     ``loan servicer'' has the same meaning as the term 
     ``servicer'' in section 6(i)(2) of the Real Estate Settlement 
     Procedures Act of 1974 (12 U.S.C. 2605(i)(2)).
       (d) Enforcement by Federal Trade Commission.--
       (1) Unfair or deceptive act or practice.--A failure to 
     comply with any provision of this section shall be treated as 
     a violation of a rule defining an unfair or deceptive act or 
     practice promulgated under section 18(a)(1)(B) of the Federal 
     Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (2) Actions by the federal trade commission.--The Federal 
     Trade Commission shall enforce the provisions of this section 
     in the same manner, by the same means, and with the same 
     jurisdiction, powers, and duties as though all applicable 
     terms and provisions of the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.) were incorporated into and made part of 
     this section.
                                 ______
                                 
  SA 1038. Mrs. BOXER (for herself and Mr. Reid) submitted an amendment 
intended to be proposed by her to the bill S. 896, to prevent mortgage 
foreclosures and enhance mortgage credit availability; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PUBLIC-PRIVATE INVESTMENT PROGRAM; ADDITIONAL 
                   APPROPRIATIONS FOR THE SPECIAL INSPECTOR 
                   GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM.

       (a) Public-Private Investment Program.--
       (1) In general.--Any program established by the Federal 
     Government to create a public-private investment fund shall--
       (A) in consultation with the Special Inspector General of 
     the Trouble Asset Relief Program, impose strict conflict of 
     interest rules on managers of public-private investment funds 
     that specifically describe the extent, if any, to which such 
     managers may conduct transactions involving public-private 
     investment funds that affect the value of assets--
       (i) that are not part of such public-private investment 
     funds; and
       (ii) in which managers or significant investors in such 
     funds have a direct or indirect financial interest;
       (B) require each public-private investment fund to make a 
     quarterly report to the Secretary of the Treasury that 
     discloses the 10 largest positions of such fund;
       (C) require each manager of a public-private investment 
     fund to report to the Secretary of the Treasury any holding 
     or transaction by such manager or a client of such manager in 
     the same type of asset that is held by the public-private 
     investment fund;
       (D) allow the Special Inspector General of the Troubled 
     Asset Relief Program, access to all books and records of a 
     public-private investment fund, including all records of 
     financial transactions in machine readable form;
       (E) require each manager of a public-private investment 
     fund to retain all books, documents, and records relating to 
     such public-private investment fund, including electronic 
     messages;
       (F) require each manager of a public-private investment 
     fund to acknowledge a fiduciary duty to both the public and 
     private investors in such fund;
       (G) require each manager of a public-private investment 
     fund to develop a robust ethics policy that includes methods 
     to ensure compliance with such policy;
       (H) require investor screening procedures for public-
     private investment funds that include ``know your customer'' 
     requirements at least as rigorous as those of a commercial 
     bank or retail brokerage operation; and
       (I) require each manager of a public-private investment 
     fund to identify for the Secretary of the Treasury each 
     investor whose interest in the fund totals at least 10 
     percent, in the aggregate;
       (2) Report.--Not later than 45 days after the date of the 
     establishment of a program described in paragraph (1), the 
     Special Inspector General of the Troubled Asset Relief 
     Program shall submit to Congress a report on the 
     implementation of this section.
       (b) Additional Appropriations for the Special Inspector 
     General of the Troubled Asset Relief Program.--
       (1) In general.--Of amounts made available under section 
     115(a) of the Emergency Economic Stabilization Act of 2008 
     (Public Law 110-343), $15,000,000 shall be made available to 
     the Special Inspector General of the Troubled Asset Relief 
     Program (in this section referred to as 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 the Public Private 
     Investment Program established by the Secretary of the 
     Treasury or the Term Asset Loan Facility established by the 
     Board of Governors of the Federal Reserve System (including 
     any successor thereto or any other similar program 
     established by the Secretary or the Board), 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.
       (c) Definition.--In this section, the term ``public-private 
     investment fund'' means a financial vehicle that is--
       (1) established by the Federal Government to purchase pools 
     of loans, securities, or assets from a financial institution 
     described in section 101(a)(1) of the Emergency Economic 
     Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); and
       (2) funded by a combination of cash or equity from private 
     investors and funds provided by the Secretary of the 
     Treasury, the Federal Deposit Insurance Corporation, or the 
     Board of Governors of the Federal Reserve System.
                                 ______
                                 
  SA 1039. Mr. REED (for himself and Mr. Vitter) submitted an amendment 
intended to be proposed to amendment SA 1018 submitted by Mr. Dodd (for 
himself and Mr. Shelby) to the bill S. 896, to prevent mortgage 
foreclosures and enhance mortgage credit availability; which was 
ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 126. REMOVAL OF REQUIREMENT TO LIQUIDATE WARRANTS UNDER 
                   THE TARP.

       Section 111(g) of the Emergency Economic Stabilization Act 
     of 2008 (12 U.S.C. 5221(g)) is amended by striking ``, and 
     when'' and all that follows through the end of the subsection 
     and inserting a period.
                                 ______
                                 
  SA 1040. Mr. REED (for himself and Mr. Bond) submitted an amendment 
intended to be proposed to amendment SA 1018 submitted by Mr. Dodd (for 
himself and Mr. Shelby) to the bill S. 896, to prevent mortgage 
foreclosures and enhance mortgage credit availability; which was 
ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

                    DIVISION B--HOMELESSNESS REFORM

     SEC. 1001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Homeless Emergency Assistance and Rapid Transition to 
     Housing Act of 2009''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

                    DIVISION B--HOMELESSNESS REFORM

Sec. 1001. Short title; table of contents.
Sec. 1002. Findings and purposes.
Sec. 1003. Definition of homelessness.
Sec. 1004. United States Interagency Council on Homelessness.

             TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

Sec. 1101. Definitions.
Sec. 1102. Community homeless assistance planning boards.
Sec. 1103. General provisions.
Sec. 1104. Protection of personally identifying information by victim 
              service providers.
Sec. 1105. Authorization of appropriations.

              TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

Sec. 1201. Grant assistance.
Sec. 1202. Eligible activities.
Sec. 1203. Participation in Homeless Management Information System.
Sec. 1204. Administrative provision.
Sec. 1205. GAO study of administrative fees.

                  TITLE III--CONTINUUM OF CARE PROGRAM

Sec. 1301. Continuum of care.

[[Page S5031]]

Sec. 1302. Eligible activities.
Sec. 1303. High performing communities.
Sec. 1304. Program requirements.
Sec. 1305. Selection criteria, allocation amounts, and funding.
Sec. 1306. Research.

          TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM

Sec. 1401. Rural housing stability assistance.
Sec. 1402. GAO study of homelessness and homeless assistance in rural 
              areas.

               TITLE V--REPEALS AND CONFORMING AMENDMENTS

Sec. 1501. Repeals.
Sec. 1502. Conforming amendments.
Sec. 1503. Effective date.
Sec. 1504. Regulations.
Sec. 1505. Amendment to table of contents.

     SEC. 1002. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) a lack of affordable housing and limited scale of 
     housing assistance programs are the primary causes of 
     homelessness; and
       (2) homelessness affects all types of communities in the 
     United States, including rural, urban, and suburban areas.
       (b) Purposes.--The purposes of this division are--
       (1) to consolidate the separate homeless assistance 
     programs carried out under title IV of the McKinney-Vento 
     Homeless Assistance Act (consisting of the supportive housing 
     program and related innovative programs, the safe havens 
     program, the section 8 assistance program for single-room 
     occupancy dwellings, and the shelter plus care program) into 
     a single program with specific eligible activities;
       (2) to codify in Federal law the continuum of care planning 
     process as a required and integral local function necessary 
     to generate the local strategies for ending homelessness; and
       (3) to establish a Federal goal of ensuring that 
     individuals and families who become homeless return to 
     permanent housing within 30 days.

     SEC. 1003. DEFINITION OF HOMELESSNESS.

       (a) In General.--Section 103 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11302) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d); and
       (2) by striking subsection (a) and inserting the following:
       ``(a) In General.--For purposes of this Act, the terms 
     `homeless', `homeless individual', and `homeless person' 
     means--
       ``(1) an individual or family who lacks a fixed, regular, 
     and adequate nighttime residence;
       ``(2) an individual or family with a primary nighttime 
     residence that is a public or private place not designed for 
     or ordinarily used as a regular sleeping accommodation for 
     human beings, including a car, park, abandoned building, bus 
     or train station, airport, or camping ground;
       ``(3) an individual or family living in a supervised 
     publicly or privately operated shelter designated to provide 
     temporary living arrangements (including hotels and motels 
     paid for by Federal, State, or local government programs for 
     low-income individuals or by charitable organizations, 
     congregate shelters, and transitional housing);
       ``(4) an individual who resided in a shelter or place not 
     meant for human habitation and who is exiting an institution 
     where he or she temporarily resided;
       ``(5) an individual or family who--
       ``(A) will imminently lose their housing, including housing 
     they own, rent, or live in without paying rent, are sharing 
     with others, and rooms in hotels or motels not paid for by 
     Federal, State, or local government programs for low-income 
     individuals or by charitable organizations, as evidenced by--
       ``(i) a court order resulting from an eviction action that 
     notifies the individual or family that they must leave within 
     14 days;
       ``(ii) the individual or family having a primary nighttime 
     residence that is a room in a hotel or motel and where they 
     lack the resources necessary to reside there for more than 14 
     days; or
       ``(iii) credible evidence indicating that the owner or 
     renter of the housing will not allow the individual or family 
     to stay for more than 14 days, and any oral statement from an 
     individual or family seeking homeless assistance that is 
     found to be credible shall be considered credible evidence 
     for purposes of this clause;
       ``(B) has no subsequent residence identified; and
       ``(C) lacks the resources or support networks needed to 
     obtain other permanent housing; and
       ``(6) unaccompanied youth and homeless families with 
     children and youth defined as homeless under other Federal 
     statutes who--
       ``(A) have experienced a long term period without living 
     independently in permanent housing,
       ``(B) have experienced persistent instability as measured 
     by frequent moves over such period, and
       ``(C) can be expected to continue in such status for an 
     extended period of time because of chronic disabilities, 
     chronic physical health or mental health conditions, 
     substance addiction, histories of domestic violence or 
     childhood abuse, the presence of a child or youth with a 
     disability, or multiple barriers to employment.
       ``(b) Domestic Violence and Other Dangerous or Life-
     Threatening Conditions.--Notwithstanding any other provision 
     of this section, the Secretary shall consider to be homeless 
     any individual or family who is fleeing, or is attempting to 
     flee, domestic violence, dating violence, sexual assault, 
     stalking, or other dangerous or life-threatening conditions 
     in the individual's or family's current housing situation, 
     including where the health and safety of children are 
     jeopardized, and who have no other residence and lack the 
     resources or support networks to obtain other permanent 
     housing.''.
       (b) Regulations.--Not later than the expiration of the 6-
     month period beginning upon the date of the enactment of this 
     division, the Secretary of Housing and Urban Development 
     shall issue regulations that provide sufficient guidance to 
     recipients of funds under title IV of the McKinney-Vento 
     Homeless Assistance Act to allow uniform and consistent 
     implementation of the requirements of section 103 of such 
     Act, as amended by subsection (a) of this section. This 
     subsection shall take effect on the date of the enactment of 
     this division.
       (c) Clarification of Effect on Other Laws.--This section 
     and the amendments made by this section to section 103 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) may 
     not be construed to affect, alter, limit, annul, or supersede 
     any other provision of Federal law providing a definition of 
     ``homeless'', ``homeless individual'', or ``homeless person'' 
     for purposes other than such Act, except to the extent that 
     such provision refers to such section 103 or the definition 
     provided in such section 103.

     SEC. 1004. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.

       (a) In General.--Title II of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11311 et seq.) is amended--
       (1) in section 201 (42 U.S.C. 11311), by inserting before 
     the period at the end the following ``whose mission shall be 
     to coordinate the Federal response to homelessness and to 
     create a national partnership at every level of government 
     and with the private sector to reduce and end homelessness in 
     the nation while maximizing the effectiveness of the Federal 
     Government in contributing to the end of homelessness'';
       (2) in section 202 (42 U.S.C. 11312)--
       (A) in subsection (a)--
       (i) by redesignating paragraph (16) as paragraph (22); and
       (ii) by inserting after paragraph (15) the following:
       ``(16) The Commissioner of Social Security, or the designee 
     of the Commissioner.
       ``(17) The Attorney General of the United States, or the 
     designee of the Attorney General.
       ``(18) The Director of the Office of Management and Budget, 
     or the designee of the Director.
       ``(19) The Director of the Office of Faith-Based and 
     Community Initiatives, or the designee of the Director.
       ``(20) The Director of USA FreedomCorps, or the designee of 
     the Director.'';
       (B) in subsection (c), by striking ``annually'' and 
     inserting ``four times each year, and the rotation of the 
     positions of Chairperson and Vice Chairperson required under 
     subsection (b) shall occur at the first meeting of each 
     year''; and
       (C) by adding at the end the following:
       ``(e) Administration.--The Executive Director of the 
     Council shall report to the Chairman of the Council.'';
       (3) in section 203(a) (42 U.S.C. 11313(a))--
       (A) by redesignating paragraphs (1), (2), (3), (4), (5), 
     (6), and (7) as paragraphs (2), (3), (4), (5), (9), (10), and 
     (11), respectively;
       (B) by inserting before paragraph (2), as so redesignated 
     by subparagraph (A), the following:
       ``(1) not later than 12 months after the date of the 
     enactment of the Homeless Emergency Assistance and Rapid 
     Transition to Housing Act of 2009, develop, make available 
     for public comment, and submit to the President and to 
     Congress a National Strategic Plan to End Homelessness, and 
     shall update such plan annually;'';
       (C) in paragraph (5), as redesignated by subparagraph (A), 
     by striking ``at least 2, but in no case more than 5'' and 
     inserting ``not less than 5, but in no case more than 10'';
       (D) by inserting after paragraph (5), as so redesignated by 
     subparagraph (A), the following:
       ``(6) encourage the creation of State Interagency Councils 
     on Homelessness and the formulation of jurisdictional 10-year 
     plans to end homelessness at State, city, and county levels;
       ``(7) annually obtain from Federal agencies their 
     identification of consumer-oriented entitlement and other 
     resources for which persons experiencing homelessness may be 
     eligible and the agencies' identification of improvements to 
     ensure access; develop mechanisms to ensure access by persons 
     experiencing homelessness to all Federal, State, and local 
     programs for which the persons are eligible, and to verify 
     collaboration among entities within a community that receive 
     Federal funding under programs targeted for persons 
     experiencing homelessness, and other programs for which 
     persons experiencing homelessness are eligible, including 
     mainstream programs identified by the Government 
     Accountability Office in the reports entitled `Homelessness: 
     Coordination and Evaluation of Programs Are Essential', 
     issued February 26, 1999, and `Homelessness: Barriers to 
     Using Mainstream Programs', issued July 6, 2000;
       ``(8) conduct research and evaluation related to its 
     functions as defined in this section;

[[Page S5032]]

       ``(9) develop joint Federal agency and other initiatives to 
     fulfill the goals of the agency;'';
       (E) in paragraph (10), as so redesignated by subparagraph 
     (A), by striking ``and'' at the end;
       (F) in paragraph (11), as so redesignated by subparagraph 
     (A), by striking the period at the end and inserting a 
     semicolon;
       (G) by adding at the end the following new paragraphs:
       ``(12) develop constructive alternatives to criminalizing 
     homelessness and eliminate laws and policies that prohibit 
     sleeping, feeding, sitting, resting, or lying in public 
     spaces when there are no suitable alternatives, result in the 
     destruction of a homeless person's property without due 
     process, or are selectively enforced against homeless 
     persons; and
       ``(13) not later than the expiration of the 6-month period 
     beginning upon completion of the study requested in a letter 
     to the Acting Comptroller General from the Chair and Ranking 
     Member of the House Financial Services Committee and several 
     other members regarding various definitions of homelessness 
     in Federal statutes, convene a meeting of representatives of 
     all Federal agencies and committees of the House of 
     Representatives and the Senate having jurisdiction over any 
     Federal program to assist homeless individuals or families, 
     local and State governments, academic researchers who 
     specialize in homelessness, nonprofit housing and service 
     providers that receive funding under any Federal program to 
     assist homeless individuals or families, organizations 
     advocating on behalf of such nonprofit providers and homeless 
     persons receiving housing or services under any such Federal 
     program, and homeless persons receiving housing or services 
     under any such Federal program, at which meeting such 
     representatives shall discuss all issues relevant to whether 
     the definitions of `homeless' under paragraphs (1) through 
     (4) of section 103(a) of the McKinney-Vento Homeless 
     Assistance Act, as amended by section 1003 of the Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2009, should be modified by the Congress, including whether 
     there is a compelling need for a uniform definition of 
     homelessness under Federal law, the extent to which the 
     differences in such definitions create barriers for 
     individuals to accessing services and to collaboration 
     between agencies, and the relative availability, and barriers 
     to access by persons defined as homeless, of mainstream 
     programs identified by the Government Accountability Office 
     in the two reports identified in paragraph (7) of this 
     subsection; and shall submit transcripts of such meeting, and 
     any majority and dissenting recommendations from such 
     meetings, to each committee of the House of Representatives 
     and the Senate having jurisdiction over any Federal program 
     to assist homeless individuals or families not later than the 
     expiration of the 60-day period beginning upon conclusion of 
     such meeting.''.
       (4) in section 203(b)(1) (42 U.S.C. 11313(b))--
       (A) by striking ``Federal'' and inserting ``national'';
       (B) by striking ``; and'' and inserting ``and pay for 
     expenses of attendance at meetings which are concerned with 
     the functions or activities for which the appropriation is 
     made;'';
       (5) in section 205(d) (42 U.S.C. 11315(d)), by striking 
     ``property.'' and inserting ``property, both real and 
     personal, public and private, without fiscal year limitation, 
     for the purpose of aiding or facilitating the work of the 
     Council.''; and
       (6) by striking section 208 (42 U.S.C. 11318) and inserting 
     the following:

     ``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $3,000,000 for fiscal year 2010 and such sums as may be 
     necessary for fiscal years 2011. Any amounts appropriated to 
     carry out this title shall remain available until 
     expended.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on, and shall apply beginning on, the date 
     of the enactment of this division.

             TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

     SEC. 1101. DEFINITIONS.

       Subtitle A of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11361 et seq.) is amended--
       (1) by striking the subtitle heading and inserting the 
     following:

                  ``Subtitle A--General Provisions'';

       (2) by redesignating sections 401 and 402 (42 U.S.C. 11361, 
     11362) as sections 403 and 406, respectively; and
       (3) by inserting before section 403 (as so redesignated by 
     paragraph (2) of this section) the following new section:

     ``SEC. 401. DEFINITIONS.

       ``For purposes of this title:
       ``(1) At risk of homelessness.--The term `at risk of 
     homelessness' means, with respect to an individual or family, 
     that the individual or family--
       ``(A) has income below 30 percent of median income for the 
     geographic area;
       ``(B) has insufficient resources immediately available to 
     attain housing stability; and
       ``(C)(i) has moved frequently because of economic reasons;
       ``(ii) is living in the home of another because of economic 
     hardship;
       ``(iii) has been notified that their right to occupy their 
     current housing or living situation will be terminated;
       ``(iv) lives in a hotel or motel;
       ``(v) lives in severely overcrowded housing;
       ``(vi) is exiting an institution; or
       ``(vii) otherwise lives in housing that has characteristics 
     associated with instability and an increased risk of 
     homelessness.
     Such term includes all families with children and youth 
     defined as homeless under other Federal statutes.
       ``(2) Chronically homeless.--
       ``(A) In general.--The term `chronically homeless' means, 
     with respect to an individual or family, that the individual 
     or family--
       ``(i) is homeless and lives or resides in a place not meant 
     for human habitation, a safe haven, or in an emergency 
     shelter;
       ``(ii) has been homeless and living or residing in a place 
     not meant for human habitation, a safe haven, or in an 
     emergency shelter continuously for at least 1 year or on at 
     least 4 separate occasions in the last 3 years; and
       ``(iii) has an adult head of household (or a minor head of 
     household if no adult is present in the household) with a 
     diagnosable substance use disorder, serious mental illness, 
     developmental disability (as defined in section 102 of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15002)), post traumatic stress disorder, 
     cognitive impairments resulting from a brain injury, or 
     chronic physical illness or disability, including the co-
     occurrence of 2 or more of those conditions.
       ``(B) Rule of construction.--A person who currently lives 
     or resides in an institutional care facility, including a 
     jail, substance abuse or mental health treatment facility, 
     hospital or other similar facility, and has resided there for 
     fewer than 90 days shall be considered chronically homeless 
     if such person met all of the requirements described in 
     subparagraph (A) prior to entering that facility.
       ``(3) Collaborative applicant.--The term `collaborative 
     applicant' means an entity that--
       ``(A) carries out the duties specified in section 402;
       ``(B) serves as the applicant for project sponsors who 
     jointly submit a single application for a grant under 
     subtitle C in accordance with a collaborative process; and
       ``(C) if the entity is a legal entity and is awarded such 
     grant, receives such grant directly from the Secretary.
       ``(4) Collaborative application.--The term `collaborative 
     application' means an application for a grant under subtitle 
     C that--
       ``(A) satisfies section 422; and
       ``(B) is submitted to the Secretary by a collaborative 
     applicant.
       ``(5) Consolidated plan.--The term `Consolidated Plan' 
     means a comprehensive housing affordability strategy and 
     community development plan required in part 91 of title 24, 
     Code of Federal Regulations.
       ``(6) Eligible entity.--The term `eligible entity' means, 
     with respect to a subtitle, a public entity, a private 
     entity, or an entity that is a combination of public and 
     private entities, that is eligible to directly receive grant 
     amounts under such subtitle.
       ``(7) Families with children and youth defined as homeless 
     under other federal statutes.--The term `families with 
     children and youth defined as homeless under other Federal 
     statutes' means any children or youth that are defined as 
     `homeless' under any Federal statute other than this 
     subtitle, but are not defined as homeless under section 103, 
     and shall also include the parent, parents, or guardian of 
     such children or youth under subtitle B of title VII this Act 
     (42 U.S.C. 11431 et seq.).
       ``(8) Geographic area.--The term `geographic area' means a 
     State, metropolitan city, urban county, town, village, or 
     other nonentitlement area, or a combination or consortia of 
     such, in the United States, as described in section 106 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5306).
       ``(9) Homeless individual with a disability.--
       ``(A) In general.--The term `homeless individual with a 
     disability' means an individual who is homeless, as defined 
     in section 103, and has a disability that--
       ``(i)(I) is expected to be long-continuing or of indefinite 
     duration;
       ``(II) substantially impedes the individual's ability to 
     live independently;
       ``(III) could be improved by the provision of more suitable 
     housing conditions; and
       ``(IV) is a physical, mental, or emotional impairment, 
     including an impairment caused by alcohol or drug abuse, post 
     traumatic stress disorder, or brain injury;
       ``(ii) is a developmental disability, as defined in section 
     102 of the Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000 (42 U.S.C. 15002); or
       ``(iii) is the disease of acquired immunodeficiency 
     syndrome or any condition arising from the etiologic agency 
     for acquired immunodeficiency syndrome.
       ``(B) Rule.--Nothing in clause (iii) of subparagraph (A) 
     shall be construed to limit eligibility under clause (i) or 
     (ii) of subparagraph (A).
       ``(10) Legal entity.--The term `legal entity' means--
       ``(A) an entity described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and 
     exempt from tax under section 501(a) of such Code;

[[Page S5033]]

       ``(B) an instrumentality of State or local government; or
       ``(C) a consortium of instrumentalities of State or local 
     governments that has constituted itself as an entity.
       ``(11) Metropolitan city; urban county; nonentitlement 
     area.--The terms `metropolitan city', `urban county', and 
     `nonentitlement area' have the meanings given such terms in 
     section 102(a) of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5302(a)).
       ``(12) New.--The term `new' means, with respect to housing, 
     that no assistance has been provided under this title for the 
     housing.
       ``(13) Operating costs.--The term `operating costs' means 
     expenses incurred by a project sponsor operating transitional 
     housing or permanent housing under this title with respect 
     to--
       ``(A) the administration, maintenance, repair, and security 
     of such housing;
       ``(B) utilities, fuel, furnishings, and equipment for such 
     housing; or
       ``(C) coordination of services as needed to ensure long-
     term housing stability.
       ``(14) Outpatient health services.--The term `outpatient 
     health services' means outpatient health care services, 
     mental health services, and outpatient substance abuse 
     services.
       ``(15) Permanent housing.--The term `permanent housing' 
     means community-based housing without a designated length of 
     stay, and includes both permanent supportive housing and 
     permanent housing without supportive services.
       ``(16) Personally identifying information.--The term 
     `personally identifying information' means individually 
     identifying information for or about an individual, including 
     information likely to disclose the location of a victim of 
     domestic violence, dating violence, sexual assault, or 
     stalking, including--
       ``(A) a first and last name;
       ``(B) a home or other physical address;
       ``(C) contact information (including a postal, e-mail or 
     Internet protocol address, or telephone or facsimile number);
       ``(D) a social security number; and
       ``(E) any other information, including date of birth, 
     racial or ethnic background, or religious affiliation, that, 
     in combination with any other non-personally identifying 
     information, would serve to identify any individual.
       ``(17) Private nonprofit organization.--The term `private 
     nonprofit organization' means an organization--
       ``(A) no part of the net earnings of which inures to the 
     benefit of any member, founder, contributor, or individual;
       ``(B) that has a voluntary board;
       ``(C) that has an accounting system, or has designated a 
     fiscal agent in accordance with requirements established by 
     the Secretary; and
       ``(D) that practices nondiscrimination in the provision of 
     assistance.
       ``(18) Project.--The term `project' means, with respect to 
     activities carried out under subtitle C, eligible activities 
     described in section 423(a), undertaken pursuant to a 
     specific endeavor, such as serving a particular population or 
     providing a particular resource.
       ``(19) Project-based.--The term `project-based' means, with 
     respect to rental assistance, that the assistance is provided 
     pursuant to a contract that--
       ``(A) is between--
       ``(i) the recipient or a project sponsor; and
       ``(ii) an owner of a structure that exists as of the date 
     the contract is entered into; and
       ``(B) provides that rental assistance payments shall be 
     made to the owner and that the units in the structure shall 
     be occupied by eligible persons for not less than the term of 
     the contract.
       ``(20) Project sponsor.--The term `project sponsor' means, 
     with respect to proposed eligible activities, the 
     organization directly responsible for carrying out the 
     proposed eligible activities.
       ``(21) Recipient.--Except as used in subtitle B, the term 
     `recipient' means an eligible entity who--
       ``(A) submits an application for a grant under section 422 
     that is approved by the Secretary;
       ``(B) receives the grant directly from the Secretary to 
     support approved projects described in the application; and
       ``(C)(i) serves as a project sponsor for the projects; or
       ``(ii) awards the funds to project sponsors to carry out 
     the projects.
       ``(22) Secretary.--The term `Secretary' means the Secretary 
     of Housing and Urban Development.
       ``(23) Serious mental illness.--The term `serious mental 
     illness' means a severe and persistent mental illness or 
     emotional impairment that seriously limits a person's ability 
     to live independently.
       ``(24) Solo applicant.--The term `solo applicant' means an 
     entity that is an eligible entity, directly submits an 
     application for a grant under subtitle C to the Secretary, 
     and, if awarded such grant, receives such grant directly from 
     the Secretary.
       ``(25) Sponsor-based.--The term `sponsor-based' means, with 
     respect to rental assistance, that the assistance is provided 
     pursuant to a contract that--
       ``(A) is between--
       ``(i) the recipient or a project sponsor; and
       ``(ii) an independent entity that--

       ``(I) is a private organization; and
       ``(II) owns or leases dwelling units; and

       ``(B) provides that rental assistance payments shall be 
     made to the independent entity and that eligible persons 
     shall occupy such assisted units.
       ``(26) State.--Except as used in subtitle B, the term 
     `State' means each of the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, the Trust Territory of the Pacific 
     Islands, and any other territory or possession of the United 
     States.
       ``(27) Supportive services.--The term `supportive services' 
     means services that address the special needs of people 
     served by a project, including--
       ``(A) the establishment and operation of a child care 
     services program for families experiencing homelessness;
       ``(B) the establishment and operation of an employment 
     assistance program, including providing job training;
       ``(C) the provision of outpatient health services, food, 
     and case management;
       ``(D) the provision of assistance in obtaining permanent 
     housing, employment counseling, and nutritional counseling;
       ``(E) the provision of outreach services, advocacy, life 
     skills training, and housing search and counseling services;
       ``(F) the provision of mental health services, trauma 
     counseling, and victim services;
       ``(G) the provision of assistance in obtaining other 
     Federal, State, and local assistance available for residents 
     of supportive housing (including mental health benefits, 
     employment counseling, and medical assistance, but not 
     including major medical equipment);
       ``(H) the provision of legal services for purposes 
     including requesting reconsiderations and appeals of veterans 
     and public benefit claim denials and resolving outstanding 
     warrants that interfere with an individual's ability to 
     obtain and retain housing;
       ``(I) the provision of--
       ``(i) transportation services that facilitate an 
     individual's ability to obtain and maintain employment; and
       ``(ii) health care; and
       ``(J) other supportive services necessary to obtain and 
     maintain housing.
       ``(28) Tenant-based.--The term `tenant-based' means, with 
     respect to rental assistance, assistance that--
       ``(A) allows an eligible person to select a housing unit in 
     which such person will live using rental assistance provided 
     under subtitle C, except that if necessary to assure that the 
     provision of supportive services to a person participating in 
     a program is feasible, a recipient or project sponsor may 
     require that the person live--
       ``(i) in a particular structure or unit for not more than 
     the first year of the participation;
       ``(ii) within a particular geographic area for the full 
     period of the participation, or the period remaining after 
     the period referred to in subparagraph (A); and
       ``(B) provides that a person may receive such assistance 
     and move to another structure, unit, or geographic area if 
     the person has complied with all other obligations of the 
     program and has moved out of the assisted dwelling unit in 
     order to protect the health or safety of an individual who is 
     or has been the victim of domestic violence, dating violence, 
     sexual assault, or stalking, and who reasonably believed he 
     or she was imminently threatened by harm from further 
     violence if he or she remained in the assisted dwelling unit.
       ``(29) Transitional housing.--The term `transitional 
     housing' means housing the purpose of which is to facilitate 
     the movement of individuals and families experiencing 
     homelessness to permanent housing within 24 months or such 
     longer period as the Secretary determines necessary.
       ``(30) Unified funding agency.--The term `unified funding 
     agency' means a collaborative applicant that performs the 
     duties described in section 402(g).
       ``(31) Underserved populations.--The term `underserved 
     populations' includes populations underserved because of 
     geographic location, underserved racial and ethnic 
     populations, populations underserved because of special needs 
     (such as language barriers, disabilities, alienage status, or 
     age), and any other population determined to be underserved 
     by the Secretary, as appropriate.
       ``(32) Victim service provider.--The term `victim service 
     provider' means a private nonprofit organization whose 
     primary mission is to provide services to victims of domestic 
     violence, dating violence, sexual assault, or stalking. Such 
     term includes rape crisis centers, battered women's shelters, 
     domestic violence transitional housing programs, and other 
     programs.
       ``(33) Victim services.--The term `victim services' means 
     services that assist domestic violence, dating violence, 
     sexual assault, or stalking victims, including services 
     offered by rape crisis centers and domestic violence 
     shelters, and other organizations, with a documented history 
     of effective work concerning domestic violence, dating 
     violence, sexual assault, or stalking.''.

     SEC. 1102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.

       Subtitle A of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11361 et seq.) is amended by 
     inserting after section 401 (as added by section 1101(3) of 
     this division) the following new section:

     ``SEC. 402. COLLABORATIVE APPLICANTS.

       ``(a) Establishment and Designation.--A collaborative 
     applicant shall be established for a geographic area by the 
     relevant parties in that geographic area to--

[[Page S5034]]

       ``(1) submit an application for amounts under this 
     subtitle; and
       ``(2) perform the duties specified in subsection (f) and, 
     if applicable, subsection (g).
       ``(b) No Requirement to Be a Legal Entity.--An entity may 
     be established to serve as a collaborative applicant under 
     this section without being a legal entity.
       ``(c) Remedial Action.--If the Secretary finds that a 
     collaborative applicant for a geographic area does not meet 
     the requirements of this section, or if there is no 
     collaborative applicant for a geographic area, the Secretary 
     may take remedial action to ensure fair distribution of grant 
     amounts under subtitle C to eligible entities within that 
     area. Such measures may include designating another body as a 
     collaborative applicant, or permitting other eligible 
     entities to apply directly for grants.
       ``(d) Construction.--Nothing in this section shall be 
     construed to displace conflict of interest or government fair 
     practices laws, or their equivalent, that govern applicants 
     for grant amounts under subtitles B and C.
       ``(e) Appointment of Agent.--
       ``(1) In general.--Subject to paragraph (2), a 
     collaborative applicant may designate an agent to--
       ``(A) apply for a grant under section 422(c);
       ``(B) receive and distribute grant funds awarded under 
     subtitle C; and
       ``(C) perform other administrative duties.
       ``(2) Retention of duties.--Any collaborative applicant 
     that designates an agent pursuant to paragraph (1) shall 
     regardless of such designation retain all of its duties and 
     responsibilities under this title.
       ``(f) Duties.--A collaborative applicant shall--
       ``(1) design a collaborative process for the development of 
     an application under subtitle C, and for evaluating the 
     outcomes of projects for which funds are awarded under 
     subtitle B, in such a manner as to provide information 
     necessary for the Secretary--
       ``(A) to determine compliance with--
       ``(i) the program requirements under section 426; and
       ``(ii) the selection criteria described under section 427; 
     and
       ``(B) to establish priorities for funding projects in the 
     geographic area involved;
       ``(2) participate in the Consolidated Plan for the 
     geographic area served by the collaborative applicant; and
       ``(3) ensure operation of, and consistent participation by, 
     project sponsors in a community-wide homeless management 
     information system (in this subsection referred to as `HMIS') 
     that--
       ``(A) collects unduplicated counts of individuals and 
     families experiencing homelessness;
       ``(B) analyzes patterns of use of assistance provided under 
     subtitles B and C for the geographic area involved;
       ``(C) provides information to project sponsors and 
     applicants for needs analyses and funding priorities; and
       ``(D) is developed in accordance with standards established 
     by the Secretary, including standards that provide for--
       ``(i) encryption of data collected for purposes of HMIS;
       ``(ii) documentation, including keeping an accurate 
     accounting, proper usage, and disclosure, of HMIS data;
       ``(iii) access to HMIS data by staff, contractors, law 
     enforcement, and academic researchers;
       ``(iv) rights of persons receiving services under this 
     title;
       ``(v) criminal and civil penalties for unlawful disclosure 
     of data; and
       ``(vi) such other standards as may be determined necessary 
     by the Secretary.
       ``(g) Unified Funding.--
       ``(1) In general.--In addition to the duties described in 
     subsection (f), a collaborative applicant shall receive from 
     the Secretary and distribute to other project sponsors in the 
     applicable geographic area funds for projects to be carried 
     out by such other project sponsors, if--
       ``(A) the collaborative applicant--
       ``(i) applies to undertake such collection and distribution 
     responsibilities in an application submitted under this 
     subtitle; and
       ``(ii) is selected to perform such responsibilities by the 
     Secretary; or
       ``(B) the Secretary designates the collaborative applicant 
     as the unified funding agency in the geographic area, after--
       ``(i) a finding by the Secretary that the applicant--

       ``(I) has the capacity to perform such responsibilities; 
     and
       ``(II) would serve the purposes of this Act as they apply 
     to the geographic area; and

       ``(ii) the Secretary provides the collaborative applicant 
     with the technical assistance necessary to perform such 
     responsibilities as such assistance is agreed to by the 
     collaborative applicant.
       ``(2) Required actions by a unified funding agency.--A 
     collaborative applicant that is either selected or designated 
     as a unified funding agency for a geographic area under 
     paragraph (1) shall--
       ``(A) require each project sponsor who is funded by a grant 
     received under subtitle C to establish such fiscal control 
     and fund accounting procedures as may be necessary to assure 
     the proper disbursal of, and accounting for, Federal funds 
     awarded to the project sponsor under subtitle C in order to 
     ensure that all financial transactions carried out under 
     subtitle C are conducted, and records maintained, in 
     accordance with generally accepted accounting principles; and
       ``(B) arrange for an annual survey, audit, or evaluation of 
     the financial records of each project carried out by a 
     project sponsor funded by a grant received under subtitle C.
       ``(h) Conflict of Interest.--No board member of a 
     collaborative applicant may participate in decisions of the 
     collaborative applicant concerning the award of a grant, or 
     provision of other financial benefits, to such member or the 
     organization that such member represents.''.

     SEC. 1103. GENERAL PROVISIONS.

       Subtitle A of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11361 et seq.) is amended by inserting after 
     section 403 (as so redesignated by section 1101(2) of this 
     division) the following new sections:

     ``SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION.

       ``(a) In General.--After the expiration of the 2-year 
     period that begins upon the date of the enactment of the 
     Homeless Emergency Assistance and Rapid Transition to Housing 
     Act of 2009, and except as provided in subsection (b), any 
     project sponsor receiving funds under this title to provide 
     emergency shelter, transitional housing, or permanent housing 
     to families with children under age 18 shall not deny 
     admission to any family based on the age of any child under 
     age 18.
       ``(b) Exception.--Notwithstanding the requirement under 
     subsection (a), project sponsors of transitional housing 
     receiving funds under this title may target transitional 
     housing resources to families with children of a specific age 
     only if the project sponsor--
       ``(1) operates a transitional housing program that has a 
     primary purpose of implementing an evidence-based practice 
     that requires that housing units be targeted to families with 
     children in a specific age group; and
       ``(2) provides such assurances, as the Secretary shall 
     require, that an equivalent appropriate alternative living 
     arrangement for the whole family or household unit has been 
     secured.

     ``SEC. 405. TECHNICAL ASSISTANCE.

       ``(a) In General.--The Secretary shall make available 
     technical assistance to private nonprofit organizations and 
     other nongovernmental entities, States, metropolitan cities, 
     urban counties, and counties that are not urban counties, to 
     implement effective planning processes for preventing and 
     ending homelessness, to improve their capacity to prepare 
     collaborative applications, to prevent the separation of 
     families in emergency shelter or other housing programs, and 
     to adopt and provide best practices in housing and services 
     for persons experiencing homeless.
       ``(b) Reservation.--The Secretary shall reserve not more 
     than 1 percent of the funds made available for any fiscal 
     year for carrying out subtitles B and C, to provide technical 
     assistance under subsection (a).''.

     SEC. 1104. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION 
                   BY VICTIM SERVICE PROVIDERS.

       Subtitle A of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11361 et seq.), as amended by the preceding 
     provisions of this title, is further amended by adding at the 
     end the following new section:

     ``SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION 
                   BY VICTIM SERVICE PROVIDERS.

       ``In the course of awarding grants or implementing programs 
     under this title, the Secretary shall instruct any victim 
     service provider that is a recipient or subgrantee not to 
     disclose for purposes of the Homeless Management Information 
     System any personally identifying information about any 
     client. The Secretary may, after public notice and comment, 
     require or ask such recipients and subgrantees to disclose 
     for purposes of the Homeless Management Information System 
     non-personally identifying information that has been de-
     identified, encrypted, or otherwise encoded. Nothing in this 
     section shall be construed to supersede any provision of any 
     Federal, State, or local law that provides greater protection 
     than this subsection for victims of domestic violence, dating 
     violence, sexual assault, or stalking.''.

     SEC. 1105. AUTHORIZATION OF APPROPRIATIONS.

       Subtitle A of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11361 et seq.), as amended by the preceding 
     provisions of this title, is further amended by adding at the 
     end the following new section:

     ``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $2,200,000,000 for fiscal year 2010 and such sums as 
     may be necessary for fiscal year 2011.''.

              TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

     SEC. 1201. GRANT ASSISTANCE.

       Subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11371 et seq.) is amended--
       (1) by striking the subtitle heading and inserting the 
     following:

          ``Subtitle B--Emergency Solutions Grants Program'';

       (2) by striking section 417 (42 U.S.C. 11377);
       (3) by redesignating sections 413 through 416 (42 U.S.C. 
     11373-6) as sections 414 through 417, respectively; and
       (4) by striking section 412 (42 U.S.C. 11372) and inserting 
     the following:

     ``SEC. 412. GRANT ASSISTANCE.

       ``The Secretary shall make grants to States and local 
     governments (and to private nonprofit organizations providing 
     assistance to persons experiencing homelessness or at risk of 
     homelessness, in the case of grants

[[Page S5035]]

     made with reallocated amounts) for the purpose of carrying 
     out activities described in section 415.

     ``SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE.

       ``(a) In General.--Of the amount made available to carry 
     out this subtitle and subtitle C for a fiscal year, the 
     Secretary shall allocate nationally 20 percent of such amount 
     for activities described in section 415. The Secretary shall 
     be required to certify that such allocation will not 
     adversely affect the renewal of existing projects under this 
     subtitle and subtitle C for those individuals or families who 
     are homeless.
       ``(b) Allocation.--An entity that receives a grant under 
     section 412, and serves an area that includes 1 or more 
     geographic areas (or portions of such areas) served by 
     collaborative applicants that submit applications under 
     subtitle C, shall allocate the funds made available through 
     the grant to carry out activities described in section 415, 
     in consultation with the collaborative applicants.''; and
       (5) in section 414(b) (42 U.S.C. 11373(b)), as so 
     redesignated by paragraph (3) of this section, by striking 
     ``amounts appropriated'' and all that follows through ``for 
     any'' and inserting ``amounts appropriated under section 408 
     and made available to carry out this subtitle for any''.

     SEC. 1202. ELIGIBLE ACTIVITIES.

       The McKinney-Vento Homeless Assistance Act is amended by 
     striking section 415 (42 U.S.C. 11374), as so redesignated by 
     section 1201(3) of this division, and inserting the following 
     new section:

     ``SEC. 415. ELIGIBLE ACTIVITIES.

       ``(a) In General.--Assistance provided under section 412 
     may be used for the following activities:
       ``(1) The renovation, major rehabilitation, or conversion 
     of buildings to be used as emergency shelters.
       ``(2) The provision of essential services related to 
     emergency shelter or street outreach, including services 
     concerned with employment, health, education, family support 
     services for homeless youth, substance abuse services, victim 
     services, or mental health services, if--
       ``(A) such essential services have not been provided by the 
     local government during any part of the immediately preceding 
     12-month period or the Secretary determines that the local 
     government is in a severe financial deficit; or
       ``(B) the use of assistance under this subtitle would 
     complement the provision of those essential services.
       ``(3) Maintenance, operation, insurance, provision of 
     utilities, and provision of furnishings related to emergency 
     shelter.
       ``(4) Provision of rental assistance to provide short-term 
     or medium-term housing to homeless individuals or families or 
     individuals or families at risk of homelessness. Such rental 
     assistance may include tenant-based or project-based rental 
     assistance.
       ``(5) Housing relocation or stabilization services for 
     homeless individuals or families or individuals or families 
     at risk of homelessness, including housing search, mediation 
     or outreach to property owners, legal services, credit 
     repair, providing security or utility deposits, utility 
     payments, rental assistance for a final month at a location, 
     assistance with moving costs, or other activities that are 
     effective at--
       ``(A) stabilizing individuals and families in their current 
     housing; or
       ``(B) quickly moving such individuals and families to other 
     permanent housing.
       ``(b) Maximum Allocation for Emergency Shelter 
     Activities.--A grantee of assistance provided under section 
     412 for any fiscal year may not use an amount of such 
     assistance for activities described in paragraphs (1) through 
     (3) of subsection (a) that exceeds the greater of--
       ``(1) 60 percent of the aggregate amount of such assistance 
     provided for the grantee for such fiscal year; or
       ``(2) the amount expended by such grantee for such 
     activities during fiscal year most recently completed before 
     the effective date under section 1503 of the Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2009.''.

     SEC. 1203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION 
                   SYSTEM.

       Section 416 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11375), as so redesignated by section 1201(3) of 
     this division, is amended by adding at the end the following 
     new subsection:
       ``(f) Participation in HMIS.--The Secretary shall ensure 
     that recipients of funds under this subtitle ensure the 
     consistent participation by emergency shelters and 
     homelessness prevention and rehousing programs in any 
     applicable community-wide homeless management information 
     system.''.

     SEC. 1204. ADMINISTRATIVE PROVISION.

       Section 418 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11378) is amended by striking ``5 percent'' and 
     inserting ``7.5 percent''.

     SEC. 1205. GAO STUDY OF ADMINISTRATIVE FEES.

       Not later than the expiration of the 12-month period 
     beginning on the date of the enactment of this division, the 
     Comptroller General of the United States shall--
       (1) conduct a study to examine the appropriate 
     administrative costs for administering the program authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11371 et seq.); and
       (2) submit to Congress a report on the findings of the 
     study required under paragraph (1).

                  TITLE III--CONTINUUM OF CARE PROGRAM

     SEC. 1301. CONTINUUM OF CARE.

       The McKinney-Vento Homeless Assistance Act is amended--
       (1) by striking the subtitle heading for subtitle C of 
     title IV (42 U.S.C. 11381 et seq.) and inserting the 
     following:

             ``Subtitle C--Continuum of Care Program''; and

       (2) by striking sections 421 and 422 (42 U.S.C. 11381 and 
     11382) and inserting the following new sections:

     ``SEC. 421. PURPOSES.

       ``The purposes of this subtitle are--
       ``(1) to promote community-wide commitment to the goal of 
     ending homelessness;
       ``(2) to provide funding for efforts by nonprofit providers 
     and State and local governments to quickly rehouse homeless 
     individuals and families while minimizing the trauma and 
     dislocation caused to individuals, families, and communities 
     by homelessness;
       ``(3) to promote access to, and effective utilization of, 
     mainstream programs described in section 203(a)(7) and 
     programs funded with State or local resources; and
       ``(4) to optimize self-sufficiency among individuals and 
     families experiencing homelessness.

     ``SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.

       ``(a) Projects.--The Secretary shall award grants, on a 
     competitive basis, and using the selection criteria described 
     in section 427, to carry out eligible activities under this 
     subtitle for projects that meet the program requirements 
     under section 426, either by directly awarding funds to 
     project sponsors or by awarding funds to unified funding 
     agencies.
       ``(b) Notification of Funding Availability.--The Secretary 
     shall release a notification of funding availability for 
     grants awarded under this subtitle for a fiscal year not 
     later than 3 months after the date of the enactment of the 
     appropriate Act making appropriations for the Department of 
     Housing and Urban Development for such fiscal year.
       ``(c) Applications.--
       ``(1) Submission to the secretary.--To be eligible to 
     receive a grant under subsection (a), a project sponsor or 
     unified funding agency in a geographic area shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require, and containing such information 
     as the Secretary determines necessary--
       ``(A) to determine compliance with the program requirements 
     and selection criteria under this subtitle; and
       ``(B) to establish priorities for funding projects in the 
     geographic area.
       ``(2) Announcement of awards.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall announce, within 5 months after the last 
     date for the submission of applications described in this 
     subsection for a fiscal year, the grants conditionally 
     awarded under subsection (a) for that fiscal year.
       ``(B) Transition.--For a period of up to 2 years beginning 
     after the effective date under section 1503 of the Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2009, the Secretary shall announce, within 6 months after the 
     last date for the submission of applications described in 
     this subsection for a fiscal year, the grants conditionally 
     awarded under subsection (a) for that fiscal year.
       ``(d) Obligation, Distribution, and Utilization of Funds.--
       ``(1) Requirements for obligation.--
       ``(A) In general.--Not later than 9 months after the 
     announcement referred to in subsection (c)(2), each recipient 
     or project sponsor shall meet all requirements for the 
     obligation of those funds, including site control, matching 
     funds, and environmental review requirements, except as 
     provided in subparagraphs (B) and (C).
       ``(B) Acquisition, rehabilitation, or construction.--Not 
     later than 24 months after the announcement referred to in 
     subsection (c)(2), each recipient or project sponsor seeking 
     the obligation of funds for acquisition of housing, 
     rehabilitation of housing, or construction of new housing for 
     a grant announced under subsection (c)(2) shall meet all 
     requirements for the obligation of those funds, including 
     site control, matching funds, and environmental review 
     requirements.
       ``(C) Extensions.--At the discretion of the Secretary, and 
     in compelling circumstances, the Secretary may extend the 
     date by which a recipient or project sponsor shall meet the 
     requirements described in subparagraphs (A) and (B) if the 
     Secretary determines that compliance with the requirements 
     was delayed due to factors beyond the reasonable control of 
     the recipient or project sponsor. Such factors may include 
     difficulties in obtaining site control for a proposed 
     project, completing the process of obtaining secure financing 
     for the project, obtaining approvals from State or local 
     governments, or completing the technical submission 
     requirements for the project.
       ``(2) Obligation.--Not later than 45 days after a recipient 
     or project sponsor meets the requirements described in 
     paragraph (1), the Secretary shall obligate the funds for the 
     grant involved.
       ``(3) Distribution.--A recipient that receives funds 
     through such a grant--

[[Page S5036]]

       ``(A) shall distribute the funds to project sponsors (in 
     advance of expenditures by the project sponsors); and
       ``(B) shall distribute the appropriate portion of the funds 
     to a project sponsor not later than 45 days after receiving a 
     request for such distribution from the project sponsor.
       ``(4) Expenditure of funds.--The Secretary may establish a 
     date by which funds made available through a grant announced 
     under subsection (c)(2) for a homeless assistance project 
     shall be entirely expended by the recipient or project 
     sponsors involved. The date established under this paragraph 
     shall not occur before the expiration of the 24-month period 
     beginning on the date that funds are obligated for activities 
     described under paragraphs (1) or (2) of section 423(a). The 
     Secretary shall recapture the funds not expended by such 
     date. The Secretary shall reallocate the funds for another 
     homeless assistance and prevention project that meets the 
     requirements of this subtitle to be carried out, if possible 
     and appropriate, in the same geographic area as the area 
     served through the original grant.
       ``(e) Renewal Funding for Unsuccessful Applicants.--The 
     Secretary may renew funding for a specific project previously 
     funded under this subtitle that the Secretary determines 
     meets the purposes of this subtitle, and was included as part 
     of a total application that met the criteria of subsection 
     (c), even if the application was not selected to receive 
     grant assistance. The Secretary may renew the funding for a 
     period of not more than 1 year, and under such conditions as 
     the Secretary determines to be appropriate.
       ``(f) Considerations in Determining Renewal Funding.--When 
     providing renewal funding for leasing, operating costs, or 
     rental assistance for permanent housing, the Secretary shall 
     make adjustments proportional to increases in the fair market 
     rents in the geographic area.
       ``(g) More Than 1 Application for a Geographic Area.--If 
     more than 1 collaborative applicant applies for funds for a 
     geographic area, the Secretary shall award funds to the 
     collaborative applicant with the highest score based on the 
     selection criteria set forth in section 427.
       ``(h) Appeals.--
       ``(1) In general.--The Secretary shall establish a timely 
     appeal procedure for grant amounts awarded or denied under 
     this subtitle pursuant to a collaborative application or solo 
     application for funding.
       ``(2) Process.--The Secretary shall ensure that the 
     procedure permits appeals submitted by entities carrying out 
     homeless housing and services projects (including emergency 
     shelters and homelessness prevention programs), and all other 
     applicants under this subtitle.
       ``(i) Solo Applicants.--A solo applicant may submit an 
     application to the Secretary for a grant under subsection (a) 
     and be awarded such grant on the same basis as such grants 
     are awarded to other applicants based on the criteria 
     described in section 427, but only if the Secretary 
     determines that the solo applicant has attempted to 
     participate in the continuum of care process but was not 
     permitted to participate in a reasonable manner. The 
     Secretary may award such grants directly to such applicants 
     in a manner determined to be appropriate by the Secretary.
       ``(j) Flexibility to Serve Persons Defined as Homeless 
     Under Other Federal Laws.--
       ``(1) In general.--A collaborative applicant may use not 
     more than 10 percent of funds awarded under this subtitle 
     (continuum of care funding) for any of the types of eligible 
     activities specified in paragraphs (1) through (7) of section 
     423(a) to serve families with children and youth defined as 
     homeless under other Federal statutes, or homeless families 
     with children and youth defined as homeless under section 
     103(a)(6), but only if the applicant demonstrates that the 
     use of such funds is of an equal or greater priority or is 
     equally or more cost effective in meeting the overall goals 
     and objectives of the plan submitted under section 
     427(b)(1)(B), especially with respect to children and 
     unaccompanied youth.
       ``(2) Limitations.--The 10 percent limitation under 
     paragraph (1) shall not apply to collaborative applicants in 
     which the rate of homelessness, as calculated in the most 
     recent point in time count, is less than one-tenth of 1 
     percent of total population.
       ``(3) Treatment of certain populations.--
       ``(A) In general.--Notwithstanding section 103(a) and 
     subject to subparagraph (B), funds awarded under this 
     subtitle may be used for eligible activities to serve 
     unaccompanied youth and homeless families and children 
     defined as homeless under section 103(a)(6) only pursuant to 
     paragraph (1) of this subsection and such families and 
     children shall not otherwise be considered as homeless for 
     purposes of this subtitle.
       ``(B) At risk of homelessness.--Subparagraph (A) may not be 
     construed to prevent any unaccompanied youth and homeless 
     families and children defined as homeless under section 
     103(a)(6) from qualifying for, and being treated for purposes 
     of this subtitle as, at risk of homelessness or from 
     eligibility for any projects, activities, or services carried 
     out using amounts provided under this subtitle for which 
     individuals or families that are at risk of homelessness are 
     eligible.''.

     SEC. 1302. ELIGIBLE ACTIVITIES.

       The McKinney-Vento Homeless Assistance Act is amended by 
     striking section 423 (42 U.S.C. 11383) and inserting the 
     following new section:

     ``SEC. 423. ELIGIBLE ACTIVITIES.

       ``(a) In General.--Grants awarded under section 422 to 
     qualified applicants shall be used to carry out projects that 
     serve homeless individuals or families that consist of one or 
     more of the following eligible activities:
       ``(1) Construction of new housing units to provide 
     transitional or permanent housing.
       ``(2) Acquisition or rehabilitation of a structure to 
     provide transitional or permanent housing, other than 
     emergency shelter, or to provide supportive services.
       ``(3) Leasing of property, or portions of property, not 
     owned by the recipient or project sponsor involved, for use 
     in providing transitional or permanent housing, or providing 
     supportive services.
       ``(4) Provision of rental assistance to provide 
     transitional or permanent housing to eligible persons. The 
     rental assistance may include tenant-based, project-based, or 
     sponsor-based rental assistance. Project-based rental 
     assistance, sponsor-based rental assistance, and operating 
     cost assistance contracts carried out by project sponsors 
     receiving grants under this section may, at the discretion of 
     the applicant and the project sponsor, have an initial term 
     of 15 years, with assistance for the first 5 years paid with 
     funds authorized for appropriation under this Act, and 
     assistance for the remainder of the term treated as a renewal 
     of an expiring contract as provided in section 429. Project-
     based rental assistance may include rental assistance to 
     preserve existing permanent supportive housing for homeless 
     individuals and families.
       ``(5) Payment of operating costs for housing units assisted 
     under this subtitle or for the preservation of housing that 
     will serve homeless individuals and families and for which 
     another form of assistance is expiring or otherwise no longer 
     available.
       ``(6) Supportive services for individuals and families who 
     are currently homeless, who have been homeless in the prior 
     six months but are currently residing in permanent housing, 
     or who were previously homeless and are currently residing in 
     permanent supportive housing.
       ``(7) Provision of rehousing services, including housing 
     search, mediation or outreach to property owners, credit 
     repair, providing security or utility deposits, rental 
     assistance for a final month at a location, assistance with 
     moving costs, or other activities that--
       ``(A) are effective at moving homeless individuals and 
     families immediately into housing; or
       ``(B) may benefit individuals and families who in the prior 
     6 months have been homeless, but are currently residing in 
     permanent housing.
       ``(8) In the case of a collaborative applicant that is a 
     legal entity, performance of the duties described under 
     section 402(f)(3).
       ``(9) Operation of, participation in, and ensuring 
     consistent participation by project sponsors in, a community-
     wide homeless management information system.
       ``(10) In the case of a collaborative applicant that is a 
     legal entity, payment of administrative costs related to 
     meeting the requirements described in paragraphs (1) and (2) 
     of section 402(f), for which the collaborative applicant may 
     use not more than 3 percent of the total funds made available 
     in the geographic area under this subtitle for such costs.
       ``(11) In the case of a collaborative applicant that is a 
     unified funding agency under section 402(g), payment of 
     administrative costs related to meeting the requirements of 
     that section, for which the unified funding agency may use 
     not more than 3 percent of the total funds made available in 
     the geographic area under this subtitle for such costs, in 
     addition to funds used under paragraph (10).
       ``(12) Payment of administrative costs to project sponsors, 
     for which each project sponsor may use not more than 10 
     percent of the total funds made available to that project 
     sponsor through this subtitle for such costs.
       ``(b) Minimum Grant Terms.--The Secretary may impose 
     minimum grant terms of up to 5 years for new projects 
     providing permanent housing.
       ``(c) Use Restrictions.--
       ``(1) Acquisition, rehabilitation, and new construction.--A 
     project that consists of activities described in paragraph 
     (1) or (2) of subsection (a) shall be operated for the 
     purpose specified in the application submitted for the 
     project under section 422 for not less than 15 years.
       ``(2) Other activities.--A project that consists of 
     activities described in any of paragraphs (3) through (12) of 
     subsection (a) shall be operated for the purpose specified in 
     the application submitted for the project under section 422 
     for the duration of the grant period involved.
       ``(3) Conversion.--If the recipient or project sponsor 
     carrying out a project that provides transitional or 
     permanent housing submits a request to the Secretary to carry 
     out instead a project for the direct benefit of low-income 
     persons, and the Secretary determines that the initial 
     project is no longer needed to provide transitional or 
     permanent housing, the Secretary may approve the project 
     described in the request and authorize the recipient or 
     project sponsor to carry out that project.

[[Page S5037]]

       ``(d) Repayment of Assistance and Prevention of Undue 
     Benefits.--
       ``(1) Repayment.--If a recipient or project sponsor 
     receives assistance under section 422 to carry out a project 
     that consists of activities described in paragraph (1) or (2) 
     of subsection (a) and the project ceases to provide 
     transitional or permanent housing--
       ``(A) earlier than 10 years after operation of the project 
     begins, the Secretary shall require the recipient or project 
     sponsor to repay 100 percent of the assistance; or
       ``(B) not earlier than 10 years, but earlier than 15 years, 
     after operation of the project begins, the Secretary shall 
     require the recipient or project sponsor to repay 20 percent 
     of the assistance for each of the years in the 15-year period 
     for which the project fails to provide that housing.
       ``(2) Prevention of undue benefits.--Except as provided in 
     paragraph (3), if any property is used for a project that 
     receives assistance under subsection (a) and consists of 
     activities described in paragraph (1) or (2) of subsection 
     (a), and the sale or other disposition of the property occurs 
     before the expiration of the 15-year period beginning on the 
     date that operation of the project begins, the recipient or 
     project sponsor who received the assistance shall comply with 
     such terms and conditions as the Secretary may prescribe to 
     prevent the recipient or project sponsor from unduly 
     benefitting from such sale or disposition.
       ``(3) Exception.--A recipient or project sponsor shall not 
     be required to make the repayments, and comply with the terms 
     and conditions, required under paragraph (1) or (2) if--
       ``(A) the sale or disposition of the property used for the 
     project results in the use of the property for the direct 
     benefit of very low-income persons;
       ``(B) all of the proceeds of the sale or disposition are 
     used to provide transitional or permanent housing meeting the 
     requirements of this subtitle;
       ``(C) project-based rental assistance or operating cost 
     assistance from any Federal program or an equivalent State or 
     local program is no longer made available and the project is 
     meeting applicable performance standards, provided that the 
     portion of the project that had benefitted from such 
     assistance continues to meet the tenant income and rent 
     restrictions for low-income units under section 42(g) of the 
     Internal Revenue Code of 1986; or
       ``(D) there are no individuals and families in the 
     geographic area who are homeless, in which case the project 
     may serve individuals and families at risk of homelessness.
       ``(e) Staff Training.--The Secretary may allow reasonable 
     costs associated with staff training to be included as part 
     of the activities described in subsection (a).
       ``(f) Eligibility for Permanent Housing.--Any project that 
     receives assistance under subsection (a) and that provides 
     project-based or sponsor-based permanent housing for homeless 
     individuals or families with a disability, including projects 
     that meet the requirements of subsection (a) and subsection 
     (d)(2)(A) of section 428 may also serve individuals who had 
     previously met the requirements for such project prior to 
     moving into a different permanent housing project.
       ``(g) Administration of Rental Assistance.--Provision of 
     permanent housing rental assistance shall be administered by 
     a State, unit of general local government, or public housing 
     agency.''.

     SEC. 1303. HIGH PERFORMING COMMUNITIES.

       The McKinney-Vento Homeless Assistance Act is amended by 
     striking section 424 (42 U.S.C. 11384) and inserting the 
     following:

     ``SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMUNITIES.

       ``(a) Designation as a High-Performing Community.--
       ``(1) In general.--The Secretary shall designate, on an 
     annual basis, which collaborative applicants represent high-
     performing communities.
       ``(2) Consideration.--In determining whether to designate a 
     collaborative applicant as a high-performing community under 
     paragraph (1), the Secretary shall establish criteria to 
     ensure that the requirements described under paragraphs 
     (1)(B) and (2)(B) of subsection (d) are measured by comparing 
     homeless individuals and families under similar 
     circumstances, in order to encourage projects in the 
     geographic area to serve homeless individuals and families 
     with more severe barriers to housing stability.
       ``(3) 2-year phase in.--In each of the first 2 years after 
     the effective date under section 1503 of the Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2009, the Secretary shall designate not more than 10 
     collaborative applicants as high-performing communities.
       ``(4) Excess of qualified applicants.--If, during the 2-
     year period described under paragraph (2), more than 10 
     collaborative applicants could qualify to be designated as 
     high-performing communities, the Secretary shall designate 
     the 10 that have, in the discretion of the Secretary, the 
     best performance based on the criteria described under 
     subsection (d).
       ``(5) Time limit on designation.--The designation of any 
     collaborative applicant as a high-performing community under 
     this subsection shall be effective only for the year in which 
     such designation is made. The Secretary, on an annual basis, 
     may renew any such designation.
       ``(b) Application.--
       ``(1) In general.--A collaborative applicant seeking 
     designation as a high-performing community under subsection 
     (a) shall submit an application to the Secretary at such 
     time, and in such manner as the Secretary may require.
       ``(2) Content of application.--In any application submitted 
     under paragraph (1), a collaborative applicant shall include 
     in such application--
       ``(A) a report showing how any money received under this 
     subtitle in the preceding year was expended; and
       ``(B) information that such applicant can meet the 
     requirements described under subsection (d).
       ``(3) Publication of application.--The Secretary shall--
       ``(A) publish any report or information submitted in an 
     application under this section in the geographic area 
     represented by the collaborative applicant; and
       ``(B) seek comments from the public as to whether the 
     collaborative applicant seeking designation as a high-
     performing community meets the requirements described under 
     subsection (d).
       ``(c) Use of Funds.--Funds awarded under section 422(a) to 
     a project sponsor who is located in a high-performing 
     community may be used--
       ``(1) for any of the eligible activities described in 
     section 423; or
       ``(2) for any of the eligible activities described in 
     paragraphs (4) and (5) of section 415(a).
       ``(d) Definition of High-Performing Community.--For 
     purposes of this section, the term `high-performing 
     community' means a geographic area that demonstrates through 
     reliable data that all five of the following requirements are 
     met for that geographic area:
       ``(1) Term of homelessness.--The mean length of episodes of 
     homelessness for that geographic area--
       ``(A) is less than 20 days; or
       ``(B) for individuals and families in similar circumstances 
     in the preceding year was at least 10 percent less than in 
     the year before.
       ``(2) Families leaving homelessness.--Of individuals and 
     families--
       ``(A) who leave homelessness, fewer than 5 percent of such 
     individuals and families become homeless again at any time 
     within the next 2 years; or
       ``(B) in similar circumstances who leave homelessness, the 
     percentage of such individuals and families who become 
     homeless again within the next 2 years has decreased by at 
     least 20 percent from the preceding year.
       ``(3) Community action.--The communities that compose the 
     geographic area have--
       ``(A) actively encouraged homeless individuals and families 
     to participate in homeless assistance services available in 
     that geographic area; and
       ``(B) included each homeless individual or family who 
     sought homeless assistance services in the data system used 
     by that community for determining compliance with this 
     subsection.
       ``(4) Effectiveness of previous activities.--If recipients 
     in the geographic area have used funding awarded under 
     section 422(a) for eligible activities described under 
     section 415(a) in previous years based on the authority 
     granted under subsection (c), that such activities were 
     effective at reducing the number of individuals and families 
     who became homeless in that community.
       ``(5) Flexibility to serve persons defined as homeless 
     under other federal laws.--With respect to collaborative 
     applicants exercising the authority under section 422(j) to 
     serve homeless families with children and youth defined as 
     homeless under other Federal statutes, effectiveness in 
     achieving the goals and outcomes identified in subsection 
     427(b)(1)(F) according to such standards as the Secretary 
     shall promulgate.
       ``(e) Cooperation Among Entities.--A collaborative 
     applicant designated as a high-performing community under 
     this section shall cooperate with the Secretary in 
     distributing information about successful efforts within the 
     geographic area represented by the collaborative applicant to 
     reduce homelessness.''.

     SEC. 1304. PROGRAM REQUIREMENTS.

       Section 426 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11386) is amended--
       (1) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) Site Control.--The Secretary shall require that each 
     application include reasonable assurances that the applicant 
     will own or have control of a site for the proposed project 
     not later than the expiration of the 12-month period 
     beginning upon notification of an award for grant assistance, 
     unless the application proposes providing supportive housing 
     assistance under section 423(a)(3) or housing that will 
     eventually be owned or controlled by the families and 
     individuals served. An applicant may obtain ownership or 
     control of a suitable site different from the site specified 
     in the application. If any recipient or project sponsor fails 
     to obtain ownership or control of the site within 12 months 
     after notification of an award for grant assistance, the 
     grant shall be recaptured and reallocated under this 
     subtitle.
       ``(b) Required Agreements.--The Secretary may not provide 
     assistance for a proposed project under this subtitle unless 
     the collaborative applicant involved agrees--

[[Page S5038]]

       ``(1) to ensure the operation of the project in accordance 
     with the provisions of this subtitle;
       ``(2) to monitor and report to the Secretary the progress 
     of the project;
       ``(3) to ensure, to the maximum extent practicable, that 
     individuals and families experiencing homelessness are 
     involved, through employment, provision of volunteer 
     services, or otherwise, in constructing, rehabilitating, 
     maintaining, and operating facilities for the project and in 
     providing supportive services for the project;
       ``(4) to require certification from all project sponsors 
     that--
       ``(A) they will maintain the confidentiality of records 
     pertaining to any individual or family provided family 
     violence prevention or treatment services through the 
     project;
       ``(B) that the address or location of any family violence 
     shelter project assisted under this subtitle will not be made 
     public, except with written authorization of the person 
     responsible for the operation of such project;
       ``(C) they will establish policies and practices that are 
     consistent with, and do not restrict the exercise of rights 
     provided by, subtitle B of title VII, and other laws relating 
     to the provision of educational and related services to 
     individuals and families experiencing homelessness;
       ``(D) in the case of programs that provide housing or 
     services to families, they will designate a staff person to 
     be responsible for ensuring that children being served in the 
     program are enrolled in school and connected to appropriate 
     services in the community, including early childhood programs 
     such as Head Start, part C of the Individuals with 
     Disabilities Education Act, and programs authorized under 
     subtitle B of title VII of this Act (42 U.S.C. 11431 et 
     seq.); and
       ``(E) they will provide data and reports as required by the 
     Secretary pursuant to the Act;
       ``(5) if a collaborative applicant is a unified funding 
     agency under section 402(g) and receives funds under subtitle 
     C to carry out the payment of administrative costs described 
     in section 423(a)(11), to establish such fiscal control and 
     fund accounting procedures as may be necessary to assure the 
     proper disbursal of, and accounting for, such funds in order 
     to ensure that all financial transactions carried out with 
     such funds are conducted, and records maintained, in 
     accordance with generally accepted accounting principles;
       ``(6) to monitor and report to the Secretary the provision 
     of matching funds as required by section 430;
       ``(7) to take the educational needs of children into 
     account when families are placed in emergency or transitional 
     shelter and will, to the maximum extent practicable, place 
     families with children as close as possible to their school 
     of origin so as not to disrupt such children's education; and
       ``(8) to comply with such other terms and conditions as the 
     Secretary may establish to carry out this subtitle in an 
     effective and efficient manner.'';
       (2) by redesignating subsection (d) as subsection (c);
       (3) in the first sentence of subsection (c) (as so 
     redesignated by paragraph (2) of this subsection), by 
     striking ``recipient'' and inserting ``recipient or project 
     sponsor'';
       (4) by striking subsection (e);
       (5) by redesignating subsections (f), (g), and (h), as 
     subsections (d), (e), and (f), respectively;
       (6) in the first sentence of subsection (e) (as so 
     redesignated by paragraph (5) of this section), by striking 
     ``recipient'' each place it appears and inserting ``recipient 
     or project sponsor'';
       (7) by striking subsection (i); and
       (8) by redesignating subsection (j) as subsection (g).

     SEC. 1305. SELECTION CRITERIA, ALLOCATION AMOUNTS, AND 
                   FUNDING.

       The McKinney-Vento Homeless Assistance Act is amended--
       (1) by repealing section 429 (42 U.S.C. 11389); and
       (2) by redesignating sections 427 and 428 (42 U.S.C. 11387, 
     11388) as sections 432 and 433, respectively; and
       (3) by inserting after section 426 the following new 
     sections:

     ``SEC. 427. SELECTION CRITERIA.

       ``(a) In General.--The Secretary shall award funds to 
     recipients through a national competition between geographic 
     areas based on criteria established by the Secretary.
       ``(b) Required Criteria.--
       ``(1) In general.--The criteria established under 
     subsection (a) shall include--
       ``(A) the previous performance of the recipient regarding 
     homelessness, including performance related to funds provided 
     under section 412 (except that recipients applying from 
     geographic areas where no funds have been awarded under this 
     subtitle, or under subtitles C, D, E, or F of title IV of 
     this Act, as in effect prior to the date of the enactment of 
     the Homeless Emergency Assistance and Rapid Transition to 
     Housing Act of 2009, shall receive full credit for 
     performance under this subparagraph), measured by criteria 
     that shall be announced by the Secretary, that shall take 
     into account barriers faced by individual homeless people, 
     and that shall include--
       ``(i) the length of time individuals and families remain 
     homeless;
       ``(ii) the extent to which individuals and families who 
     leave homelessness experience additional spells of 
     homelessness;
       ``(iii) the thoroughness of grantees in the geographic area 
     in reaching homeless individuals and families;
       ``(iv) overall reduction in the number of homeless 
     individuals and families;
       ``(v) jobs and income growth for homeless individuals and 
     families;
       ``(vi) success at reducing the number of individuals and 
     families who become homeless;
       ``(vii) other accomplishments by the recipient related to 
     reducing homelessness; and
       ``(viii) for collaborative applicants that have exercised 
     the authority under section 422(j) to serve families with 
     children and youth defined as homeless under other Federal 
     statutes, success in achieving the goals and outcomes 
     identified in section 427(b)(1)(F);
       ``(B) the plan of the recipient, which shall describe--
       ``(i) how the number of individuals and families who become 
     homeless will be reduced in the community;
       ``(ii) how the length of time that individuals and families 
     remain homeless will be reduced;
       ``(iii) how the recipient will collaborate with local 
     education authorities to assist in the identification of 
     individuals and families who become or remain homeless and 
     are informed of their eligibility for services under subtitle 
     B of title VII of this Act (42 U.S.C. 11431 et seq.);
       ``(iv) the extent to which the recipient will--

       ``(I) address the needs of all relevant subpopulations;
       ``(II) incorporate comprehensive strategies for reducing 
     homelessness, including the interventions referred to in 
     section 428(d);
       ``(III) set quantifiable performance measures;
       ``(IV) set timelines for completion of specific tasks;
       ``(V) identify specific funding sources for planned 
     activities; and
       ``(VI) identify an individual or body responsible for 
     overseeing implementation of specific strategies; and

       ``(v) whether the recipient proposes to exercise authority 
     to use funds under section 422(j), and if so, how the 
     recipient will achieve the goals and outcomes identified in 
     section 427(b)(1)(F);
       ``(C) the methodology of the recipient used to determine 
     the priority for funding local projects under section 
     422(c)(1), including the extent to which the priority-setting 
     process--
       ``(i) uses periodically collected information and analysis 
     to determine the extent to which each project has resulted in 
     rapid return to permanent housing for those served by the 
     project, taking into account the severity of barriers faced 
     by the people the project serves;
       ``(ii) considers the full range of opinions from 
     individuals or entities with knowledge of homelessness in the 
     geographic area or an interest in preventing or ending 
     homelessness in the geographic area;
       ``(iii) is based on objective criteria that have been 
     publicly announced by the recipient; and
       ``(iv) is open to proposals from entities that have not 
     previously received funds under this subtitle;
       ``(D) the extent to which the amount of assistance to be 
     provided under this subtitle to the recipient will be 
     supplemented with resources from other public and private 
     sources, including mainstream programs identified by the 
     Government Accountability Office in the two reports described 
     in section 203(a)(7);
       ``(E) demonstrated coordination by the recipient with the 
     other Federal, State, local, private, and other entities 
     serving individuals and families experiencing homelessness 
     and at risk of homelessness in the planning and operation of 
     projects;
       ``(F) for collaborative applicants exercising the authority 
     under section 422(j) to serve homeless families with children 
     and youth defined as homeless under other Federal statutes, 
     program goals and outcomes, which shall include--
       ``(i) preventing homelessness among the subset of such 
     families with children and youth who are at highest risk of 
     becoming homeless, as such term is defined for purposes of 
     this title; or
       ``(ii) achieving independent living in permanent housing 
     among such families with children and youth, especially those 
     who have a history of doubled-up and other temporary housing 
     situations or are living in a temporary housing situation due 
     to lack of available and appropriate emergency shelter, 
     through the provision of eligible assistance that directly 
     contributes to achieving such results including assistance to 
     address chronic disabilities, chronic physical health or 
     mental health conditions, substance addiction, histories of 
     domestic violence or childhood abuse, or multiple barriers to 
     employment; and
       ``(G) such other factors as the Secretary determines to be 
     appropriate to carry out this subtitle in an effective and 
     efficient manner.
       ``(2) Additional criteria.--In addition to the criteria 
     required under paragraph (1), the criteria established under 
     paragraph (1) shall also include the need within the 
     geographic area for homeless services, determined as follows 
     and under the following conditions:
       ``(A) Notice.--The Secretary shall inform each 
     collaborative applicant, at a time concurrent with the 
     release of the notice of funding availability for the grants, 
     of the pro

[[Page S5039]]

     rata estimated grant amount under this subtitle for the 
     geographic area represented by the collaborative applicant.
       ``(B) Amount.--
       ``(i) Formula.--Such estimated grant amounts shall be 
     determined by a formula, which shall be developed by the 
     Secretary, by regulation, not later than the expiration of 
     the 2-year period beginning upon the date of the enactment of 
     the Homeless Emergency Assistance and Rapid Transition to 
     Housing Act of 2009, that is based upon factors that are 
     appropriate to allocate funds to meet the goals and 
     objectives of this subtitle.
       ``(ii) Combinations or consortia.--For a collaborative 
     applicant that represents a combination or consortium of 
     cities or counties, the estimated need amount shall be the 
     sum of the estimated need amounts for the cities or counties 
     represented by the collaborative applicant.
       ``(iii) Authority of secretary.--Subject to the 
     availability of appropriations, the Secretary shall increase 
     the estimated need amount for a geographic area if necessary 
     to provide 1 year of renewal funding for all expiring 
     contracts entered into under this subtitle for the geographic 
     area.
       ``(3) Homelessness counts.--The Secretary shall not require 
     that communities conduct an actual count of homeless people 
     other than those described in paragraphs (1) through (4) of 
     section 103(a) of this Act (42 U.S.C. 11302(a)).
       ``(c) Adjustments.--The Secretary may adjust the formula 
     described in subsection (b)(2) as necessary--
       ``(1) to ensure that each collaborative applicant has 
     sufficient funding to renew all qualified projects for at 
     least one year; and
       ``(2) to ensure that collaborative applicants are not 
     discouraged from replacing renewal projects with new projects 
     that the collaborative applicant determines will better be 
     able to meet the purposes of this Act.

     ``SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES FOR SPECIFIC 
                   ELIGIBLE ACTIVITIES.

       ``(a) Minimum Allocation for Permanent Housing for Homeless 
     Individuals and Families With Disabilities.--
       ``(1) In general.--From the amounts made available to carry 
     out this subtitle for a fiscal year, a portion equal to not 
     less than 30 percent of the sums made available to carry out 
     subtitle B and this subtitle, shall be used for permanent 
     housing for homeless individuals with disabilities and 
     homeless families that include such an individual who is an 
     adult or a minor head of household if no adult is present in 
     the household.
       ``(2) Calculation.--In calculating the portion of the 
     amount described in paragraph (1) that is used for activities 
     that are described in paragraph (1), the Secretary shall not 
     count funds made available to renew contracts for existing 
     projects under section 429.
       ``(3) Adjustment.--The 30 percent figure in paragraph (1) 
     shall be reduced proportionately based on need under section 
     427(b)(2) in geographic areas for which subsection (e) 
     applies in regard to subsection (d)(2)(A).
       ``(4) Suspension.--The requirement established in paragraph 
     (1) shall be suspended for any year in which funding 
     available for grants under this subtitle after making the 
     allocation established in paragraph (1) would not be 
     sufficient to renew for 1 year all existing grants that would 
     otherwise be fully funded under this subtitle.
       ``(5) Termination.--The requirement established in 
     paragraph (1) shall terminate upon a finding by the Secretary 
     that since the beginning of 2001 at least 150,000 new units 
     of permanent housing for homeless individuals and families 
     with disabilities have been funded under this subtitle.
       ``(b) Set-Aside for Permanent Housing for Homeless Families 
     With Children.--From the amounts made available to carry out 
     this subtitle for a fiscal year, a portion equal to not less 
     than 10 percent of the sums made available to carry out 
     subtitle B and this subtitle for that fiscal year shall be 
     used to provide or secure permanent housing for homeless 
     families with children.
       ``(c) Treatment of Amounts for Permanent or Transitional 
     Housing.--Nothing in this Act may be construed to establish a 
     limit on the amount of funding that an applicant may request 
     under this subtitle for acquisition, construction, or 
     rehabilitation activities for the development of permanent 
     housing or transitional housing.
       ``(d) Incentives for Proven Strategies.--
       ``(1) In general.--The Secretary shall provide bonuses or 
     other incentives to geographic areas for using funding under 
     this subtitle for activities that have been proven to be 
     effective at reducing homelessness generally, reducing 
     homelessness for a specific subpopulation, or achieving 
     homeless prevention and independent living goals as set forth 
     in section 427(b)(1)(F).
       ``(2) Rule of construction.--For purposes of this 
     subsection, activities that have been proven to be effective 
     at reducing homelessness generally or reducing homelessness 
     for a specific subpopulation includes--
       ``(A) permanent supportive housing for chronically homeless 
     individuals and families;
       ``(B) for homeless families, rapid rehousing services, 
     short-term flexible subsidies to overcome barriers to 
     rehousing, support services concentrating on improving 
     incomes to pay rent, coupled with performance measures 
     emphasizing rapid and permanent rehousing and with leveraging 
     funding from mainstream family service systems such as 
     Temporary Assistance for Needy Families and Child Welfare 
     services; and
       ``(C) any other activity determined by the Secretary, based 
     on research and after notice and comment to the public, to 
     have been proven effective at reducing homelessness 
     generally, reducing homelessness for a specific 
     subpopulation, or achieving homeless prevention and 
     independent living goals as set forth in section 
     427(b)(1)(F).
       ``(3) Balance of incentives for proven strategies.--To the 
     extent practicable, in providing bonuses or incentives for 
     proven strategies, the Secretary shall seek to maintain a 
     balance among strategies targeting homeless individuals, 
     families, and other subpopulations. The Secretary shall not 
     implement bonuses or incentives that specifically discourage 
     collaborative applicants from exercising their flexibility to 
     serve families with children and youth defined as homeless 
     under other Federal statutes.
       ``(e) Incentives for Successful Implementation of Proven 
     Strategies.--If any geographic area demonstrates that it has 
     fully implemented any of the activities described in 
     subsection (d) for all homeless individuals and families or 
     for all members of subpopulations for whom such activities 
     are targeted, that geographic area shall receive the bonus or 
     incentive provided under subsection (d), but may use such 
     bonus or incentive for any eligible activity under either 
     section 423 or paragraphs (4) and (5) of section 415(a) for 
     homeless people generally or for the relevant subpopulation.

     ``SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR 
                   PERMANENT HOUSING.

       ``(a) In General.--Renewal of expiring contracts for 
     leasing, rental assistance, or operating costs for permanent 
     housing contracts may be funded either--
       ``(1) under the appropriations account for this title; or
       ``(2) the section 8 project-based rental assistance 
     account.
       ``(b) Renewals.--The sums made available under subsection 
     (a) shall be available for the renewal of contracts in the 
     case of tenant-based assistance, successive 1-year terms, and 
     in the case of project-based assistance, successive terms of 
     up to 15 years at the discretion of the applicant or project 
     sponsor and subject to the availability of annual 
     appropriations, for rental assistance and housing operation 
     costs associated with permanent housing projects funded under 
     this subtitle, or under subtitle C or F (as in effect on the 
     day before the effective date of the Homeless Emergency 
     Assistance and Rapid Transition to Housing Act of 2009). The 
     Secretary shall determine whether to renew a contract for 
     such a permanent housing project on the basis of 
     certification by the collaborative applicant for the 
     geographic area that--
       ``(1) there is a demonstrated need for the project; and
       ``(2) the project complies with program requirements and 
     appropriate standards of housing quality and habitability, as 
     determined by the Secretary.
       ``(c) Construction.--Nothing in this section shall be 
     construed as prohibiting the Secretary from renewing 
     contracts under this subtitle in accordance with criteria set 
     forth in a provision of this subtitle other than this 
     section.

     ``SEC. 430. MATCHING FUNDING.

       ``(a) In General.--A collaborative applicant in a 
     geographic area in which funds are awarded under this 
     subtitle shall specify contributions from any source other 
     than a grant awarded under this subtitle, including renewal 
     funding of projects assisted under subtitles C, D, and F of 
     this title as in effect before the effective date under 
     section 1503 of the Homeless Emergency Assistance and Rapid 
     Transition to Housing Act of 2009, that shall be made 
     available in the geographic area in an amount equal to not 
     less than 25 percent of the funds provided to recipients in 
     the geographic area, except that grants for leasing shall not 
     be subject to any match requirement.
       ``(b) Limitations on In-Kind Match.--The cash value of 
     services provided to the residents or clients of a project 
     sponsor by an entity other than the project sponsor may count 
     toward the contributions in subsection (a) only when 
     documented by a memorandum of understanding between the 
     project sponsor and the other entity that such services will 
     be provided.
       ``(c) Countable Activities.--The contributions required 
     under subsection (a) may consist of--
       ``(1) funding for any eligible activity described under 
     section 423; and
       ``(2) subject to subsection (b), in-kind provision of 
     services of any eligible activity described under section 
     423.

     ``SEC. 431. APPEAL PROCEDURE.

       ``(a) In General.--With respect to funding under this 
     subtitle, if certification of consistency with the 
     consolidated plan pursuant to section 403 is withheld from an 
     applicant who has submitted an application for that 
     certification, such applicant may appeal such decision to the 
     Secretary.
       ``(b) Procedure.--The Secretary shall establish a procedure 
     to process the appeals described in subsection (a).
       ``(c) Determination.--Not later than 45 days after the date 
     of receipt of an appeal described in subsection (a), the 
     Secretary shall determine if certification was unreasonably 
     withheld. If such certification was unreasonably withheld, 
     the Secretary shall review such application and determine if 
     such applicant shall receive funding under this subtitle.''.

[[Page S5040]]

     SEC. 1306. RESEARCH.

       There is authorized to be appropriated $8,000,000, for each 
     of fiscal years 2010 and 2011, for research into the efficacy 
     of interventions for homeless families, to be expended by the 
     Secretary of Housing and Urban Development over the 2 years 
     at 3 different sites to provide services for homeless 
     families and evaluate the effectiveness of such services.

          TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM

     SEC. 1401. RURAL HOUSING STABILITY ASSISTANCE.

       Subtitle G of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11408 et seq.) is amended--
       (1) by striking the subtitle heading and inserting the 
     following:

    ``Subtitle G--Rural Housing Stability Assistance Program''; and

       (2) in section 491--
       (A) by striking the section heading and inserting ``RURAL 
     HOUSING STABILITY GRANT PROGRAM.'';
       (B) in subsection (a)--
       (i) by striking ``rural homelessness grant program'' and 
     inserting ``rural housing stability grant program'';
       (ii) by inserting ``in lieu of grants under subtitle C'' 
     after ``eligible organizations''; and
       (iii) by striking paragraphs (1), (2), and (3), and 
     inserting the following:
       ``(1) rehousing or improving the housing situations of 
     individuals and families who are homeless or in the worst 
     housing situations in the geographic area;
       ``(2) stabilizing the housing of individuals and families 
     who are in imminent danger of losing housing; and
       ``(3) improving the ability of the lowest-income residents 
     of the community to afford stable housing.'';
       (C) in subsection (b)(1)--
       (i) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (I), (J), and (K), respectively; and
       (ii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) construction of new housing units to provide 
     transitional or permanent housing to homeless individuals and 
     families and individuals and families at risk of 
     homelessness;
       ``(E) acquisition or rehabilitation of a structure to 
     provide supportive services or to provide transitional or 
     permanent housing, other than emergency shelter, to homeless 
     individuals and families and individuals and families at risk 
     of homelessness;
       ``(F) leasing of property, or portions of property, not 
     owned by the recipient or project sponsor involved, for use 
     in providing transitional or permanent housing to homeless 
     individuals and families and individuals and families at risk 
     of homelessness, or providing supportive services to such 
     homeless and at-risk individuals and families;
       ``(G) provision of rental assistance to provide 
     transitional or permanent housing to homeless individuals and 
     families and individuals and families at risk of 
     homelessness, such rental assistance may include tenant-based 
     or project-based rental assistance;
       ``(H) payment of operating costs for housing units assisted 
     under this title;'';
       (D) in subsection (b)(2), by striking ``appropriated'' and 
     inserting ``transferred'';
       (E) in subsection (c)--
       (i) in paragraph (1)(A), by striking ``appropriated'' and 
     inserting ``transferred''; and
       (ii) in paragraph (3), by striking ``appropriated'' and 
     inserting ``transferred'';
       (F) in subsection (d)--
       (i) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (ii) in paragraph (6)--

       (I) by striking ``an agreement'' and all that follows 
     through ``families'' and inserting the following: ``a 
     description of how individuals and families who are homeless 
     or who have the lowest incomes in the community will be 
     involved by the organization''; and
       (II) by striking the period at the end, and inserting a 
     semicolon; and

       (iii) by adding at the end the following:
       ``(7) a description of consultations that took place within 
     the community to ascertain the most important uses for 
     funding under this section, including the involvement of 
     potential beneficiaries of the project; and
       ``(8) a description of the extent and nature of 
     homelessness and of the worst housing situations in the 
     community.'';
       (G) by striking subsections (f) and (g) and inserting the 
     following:
       ``(f) Matching Funding.--
       ``(1) In general.--An organization eligible to receive a 
     grant under subsection (a) shall specify matching 
     contributions from any source other than a grant awarded 
     under this subtitle, that shall be made available in the 
     geographic area in an amount equal to not less than 25 
     percent of the funds provided for the project or activity, 
     except that grants for leasing shall not be subject to any 
     match requirement.
       ``(2) Limitations on in-kind match.--The cash value of 
     services provided to the beneficiaries or clients of an 
     eligible organization by an entity other than the 
     organization may count toward the contributions in paragraph 
     (1) only when documented by a memorandum of understanding 
     between the organization and the other entity that such 
     services will be provided.
       ``(3) Countable activities.--The contributions required 
     under paragraph (1) may consist of--
       ``(A) funding for any eligible activity described under 
     subsection (b); and
       ``(B) subject to paragraph (2), in-kind provision of 
     services of any eligible activity described under subsection 
     (b).
       ``(g) Selection Criteria.--The Secretary shall establish 
     criteria for selecting recipients of grants under subsection 
     (a), including--
       ``(1) the participation of potential beneficiaries of the 
     project in assessing the need for, and importance of, the 
     project in the community;
       ``(2) the degree to which the project addresses the most 
     harmful housing situations present in the community;
       ``(3) the degree of collaboration with others in the 
     community to meet the goals described in subsection (a);
       ``(4) the performance of the organization in improving 
     housing situations, taking account of the severity of 
     barriers of individuals and families served by the 
     organization;
       ``(5) for organizations that have previously received 
     funding under this section, the extent of improvement in 
     homelessness and the worst housing situations in the 
     community since such funding began;
       ``(6) the need for such funds, as determined by the formula 
     established under section 427(b)(2); and
       ``(7) any other relevant criteria as determined by the 
     Secretary.'';
       (H) in subsection (h)--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``The'' and inserting ``Not later than 18 
     months after funding is first made available pursuant to the 
     amendments made by title IV of the Homeless Emergency 
     Assistance and Rapid Transition to Housing Act of 2009, 
     the''; and
       (ii) in paragraph (1)(A), by striking ``providing housing 
     and other assistance to homeless persons'' and inserting 
     ``meeting the goals described in subsection (a)'';
       (iii) in paragraph (1)(B), by striking ``address 
     homelessness in rural areas'' and inserting ``meet the goals 
     described in subsection (a) in rural areas''; and
       (iv) in paragraph (2)--

       (I) by striking ``The'' and inserting ``Not later than 24 
     months after funding is first made available pursuant to the 
     amendment made by title IV of the Homeless Emergency 
     Assistance and Rapid Transition to Housing Act of 2009, 
     the'';
       (II) by striking ``, not later than 18 months after the 
     date on which the Secretary first makes grants under the 
     program,''; and
       (III) by striking ``prevent and respond to homelessness'' 
     and inserting ``meet the goals described in subsection (a)'';

       (I) in subsection (k)--
       (i) in paragraph (1), by striking ``rural homelessness 
     grant program'' and inserting ``rural housing stability grant 
     program''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by striking ``; or'' and inserting 
     a semicolon;
       (II) in subparagraph (B)(ii), by striking ``rural census 
     tract.'' and inserting ``county where at least 75 percent of 
     the population is rural; or''; and
       (III) by adding at the end the following:

       ``(C) any area or community, respectively, located in a 
     State that has population density of less than 30 persons per 
     square mile (as reported in the most recent decennial 
     census), and of which at least 1.25 percent of the total 
     acreage of such State is under Federal jurisdiction, provided 
     that no metropolitan city (as such term is defined in section 
     102 of the Housing and Community Development Act of 1974) in 
     such State is the sole beneficiary of the grant amounts 
     awarded under this section.'';
       (J) in subsection (l)--
       (i) by striking the subsection heading and inserting 
     ``Program Funding.--''; and
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The Secretary shall determine the total 
     amount of funding attributable under section 427(b)(2) to 
     meet the needs of any geographic area in the Nation that 
     applies for funding under this section. The Secretary shall 
     transfer any amounts determined under this subsection from 
     the Community Homeless Assistance Program and consolidate 
     such transferred amounts for grants under this section, 
     except that the Secretary shall transfer an amount not less 
     than 5 percent of the amount available under subtitle C for 
     grants under this section. Any amounts so transferred and not 
     used for grants under this section due to an insufficient 
     number of applications shall be transferred to be used for 
     grants under subtitle C.''; and
       (K) by adding at the end the following:
       ``(m) Determination of Funding Source.--For any fiscal 
     year, in addition to funds awarded under subtitle B, funds 
     under this title to be used in a city or county shall only be 
     awarded under either subtitle C or subtitle D.''.

     SEC. 1402. GAO STUDY OF HOMELESSNESS AND HOMELESS ASSISTANCE 
                   IN RURAL AREAS.

       (a) Study and Report.--Not later than the expiration of the 
     12-month period beginning on the date of the enactment of 
     this division, the Comptroller General of the United States 
     shall conduct a study to examine homelessness and homeless 
     assistance in rural areas and rural communities and submit a 
     report to the Congress on the findings and conclusion of the 
     study. The report shall contain the following matters:
       (1) A general description of homelessness, including the 
     range of living situations

[[Page S5041]]

     among homeless individuals and homeless families, in rural 
     areas and rural communities of the United States, including 
     tribal lands and colonias.
       (2) An estimate of the incidence and prevalence of 
     homelessness among individuals and families in rural areas 
     and rural communities of the United States.
       (3) An estimate of the number of individuals and families 
     from rural areas and rural communities who migrate annually 
     to non-rural areas and non-rural communities for homeless 
     assistance.
       (4) A description of barriers that individuals and families 
     in and from rural areas and rural communities encounter when 
     seeking to access homeless assistance programs, and 
     recommendations for removing such barriers.
       (5) A comparison of the rate of homelessness among 
     individuals and families in and from rural areas and rural 
     communities compared to the rate of homelessness among 
     individuals and families in and from non-rural areas and non-
     rural communities.
       (6) A general description of homeless assistance for 
     individuals and families in rural areas and rural communities 
     of the United States.
       (7) A description of barriers that homeless assistance 
     providers serving rural areas and rural communities encounter 
     when seeking to access Federal homeless assistance programs, 
     and recommendations for removing such barriers.
       (8) An assessment of the type and amount of Federal 
     homeless assistance funds awarded to organizations serving 
     rural areas and rural communities and a determination as to 
     whether such amount is proportional to the distribution of 
     homeless individuals and families in and from rural areas and 
     rural communities compared to homeless individuals and 
     families in non-rural areas and non-rural communities.
       (9) An assessment of the current roles of the Department of 
     Housing and Urban Development, the Department of Agriculture, 
     and other Federal departments and agencies in administering 
     homeless assistance programs in rural areas and rural 
     communities and recommendations for distributing Federal 
     responsibilities, including homeless assistance program 
     administration and grantmaking, among the departments and 
     agencies so that service organizations in rural areas and 
     rural communities are most effectively reached and supported.
       (b) Acquisition of Supporting Information.--In carrying out 
     the study under this section, the Comptroller General shall 
     seek to obtain views from the following persons:
       (1) The Secretary of Agriculture.
       (2) The Secretary of Housing and Urban Development.
       (3) The Secretary of Health and Human Services.
       (4) The Secretary of Education.
       (5) The Secretary of Labor.
       (6) The Secretary of Veterans Affairs.
       (7) The Executive Director of the United States Interagency 
     Council on Homelessness.
       (8) Project sponsors and recipients of homeless assistance 
     grants serving rural areas and rural communities.
       (9) Individuals and families in or from rural areas and 
     rural communities who have sought or are seeking Federal 
     homeless assistance services.
       (10) National advocacy organizations concerned with 
     homelessness, rural housing, and rural community development.
       (c) Effective Date.--This section shall take effect on the 
     date of the enactment of this division.

               TITLE V--REPEALS AND CONFORMING AMENDMENTS

     SEC. 1501. REPEALS.

       Subtitles D, E, and F of title IV of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11391 et seq., 11401 et 
     seq., and 11403 et seq.) are hereby repealed.

     SEC. 1502. CONFORMING AMENDMENTS.

       (a) Consolidated Plan.--Section 403(1) of the McKinney-
     Vento Homeless Assistance Act (as so redesignated by section 
     1101(2) of this division), is amended--
       (1) by striking ``current housing affordability strategy'' 
     and inserting ``consolidated plan''; and
       (2) by inserting before the comma the following: 
     ``(referred to in such section as a `comprehensive housing 
     affordability strategy')''.
       (b) Persons Experiencing Homelessness.--Section 103 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), as 
     amended by the preceding provisions of this division, is 
     further amended by adding at the end the following new 
     subsection:
       ``(e) Persons Experiencing Homelessness.--Any references in 
     this Act to homeless individuals (including homeless persons) 
     or homeless groups (including homeless persons) shall be 
     considered to include, and to refer to, individuals 
     experiencing homelessness or groups experiencing 
     homelessness, respectively.''.
       (c) Rural Housing Stability Assistance.--Title IV of the 
     McKinney-Vento Homeless Assistance Act is amended by 
     redesignating subtitle G (42 U.S.C. 11408 et seq.), as 
     amended by the preceding provisions of this division, as 
     subtitle D.

     SEC. 1503. EFFECTIVE DATE.

       Except as specifically provided otherwise in this division, 
     this division and the amendments made by this division shall 
     take effect on, and shall apply beginning on--
       (1) the expiration of the 18-month period beginning on the 
     date of the enactment of this division, or
       (2) the expiration of the 3-month period beginning upon 
     publication by the Secretary of Housing and Urban Development 
     of final regulations pursuant to section 1504,
     whichever occurs first.

     SEC. 1504. REGULATIONS.

       (a) In General.--Not later than 12 months after the date of 
     the enactment of this division, the Secretary of Housing and 
     Urban Development shall promulgate regulations governing the 
     operation of the programs that are created or modified by 
     this division.
       (b) Effective Date.--This section shall take effect on the 
     date of the enactment of this division.

     SEC. 1505. AMENDMENT TO TABLE OF CONTENTS.

       The table of contents in section 101(b) of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11301 note) is 
     amended by striking the item relating to the heading for 
     title IV and all that follows through the item relating to 
     section 492 and inserting the following new items:

                     ``TITLE IV--HOUSING ASSISTANCE

                    ``Subtitle A--General Provisions

``Sec. 401. Definitions.
``Sec. 402. Collaborative applicants.
``Sec. 403. Housing affordability strategy.
``Sec. 404. Preventing involuntary family separation
``Sec. 405. Technical assistance.
``Sec. 406. Discharge coordination policy.
``Sec. 407. Protection of personally identifying information by victim 
              service providers.
``Sec. 408. Authorization of appropriations.

            ``Subtitle B--Emergency Solutions Grants Program

``Sec. 411. Definitions.
``Sec. 412. Grant assistance.
``Sec. 413. Amount and allocation of assistance.
``Sec. 414. Allocation and distribution of assistance.
``Sec. 415. Eligible activities.
``Sec. 416. Responsibilities of recipients.
``Sec. 417. Administrative provisions.
``Sec. 418. Administrative costs.

                ``Subtitle C--Continuum of Care Program

``Sec. 421. Purposes.
``Sec. 422. Continuum of care applications and grants.
``Sec. 423. Eligible activities.
``Sec. 424. Incentives for high-performing communities.
``Sec. 425. Supportive services.
``Sec. 426. Program requirements.
``Sec. 427. Selection criteria.
``Sec. 428. Allocation of amounts and incentives for specific eligible 
              activities.
``Sec. 429. Renewal funding and terms of assistance for permanent 
              housing.
``Sec. 430. Matching funding.
``Sec. 431. Appeal procedure.
``Sec. 432. Regulations.
``Sec. 433. Reports to Congress.

        ``Subtitle D--Rural Housing Stability Assistance Program

``Sec. 491. Rural housing stability assistance.
``Sec. 492. Use of FHMA inventory for transitional housing for homeless 
              persons and for turnkey housing.''.
                                 ______
                                 
  SA 1041. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 1018 submitted by Mr. Dodd (for himself and Mr. Shelby) to 
the bill S. 896, to prevent mortgage foreclosures and enhance mortgage 
credit availability; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

    TITLE V--REAL ESTATE MORTGAGE INVESTMENT CONDUIT IMPROVEMENT ACT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Real Estate Mortgage 
     Investment Conduit Improvement Act of 2009''.

     SEC. 502. SPECIAL RULES FOR MODIFICATION OR DISPOSITION OF 
                   QUALIFIED MORTGAGES OR FORECLOSURE PROPERTY BY 
                   REAL ESTATE MORTGAGE INVESTMENT CONDUITS.

       (a) In General.--If a REMIC (as defined in section 860D(a) 
     of the Internal Revenue Code of 1986) modifies or disposes of 
     a troubled asset under the Troubled Asset Relief Program 
     established by the Secretary of the Treasury under section 
     101(a) of the Emergency Economic Stabilization Act of 2008 or 
     under rules established by the Secretary under section 503 of 
     this title--
       (1) such modification or disposition shall not be treated 
     as a prohibited transaction under section 860F(a)(2) of such 
     Code, and
       (2) for purposes of part IV of subchapter M of chapter 1 of 
     such Code--
       (A) an interest in the REMIC shall not fail to be treated 
     as a regular interest (as defined in section 860G(a)(1) of 
     such Code) solely because of such modification or 
     disposition, and
       (B) any proceeds resulting from such modification or 
     disposition shall be treated as amounts received under 
     qualified mortgages.
       (b) Termination of REMIC.--For purposes of the Internal 
     Revenue Code of 1986, an entity which is a REMIC (as defined 
     in section 860D(a) of the Internal Revenue Code of 1986)

[[Page S5042]]

     shall cease to be a REMIC if the instruments governing the 
     conduct of servicers or trustees with respect to qualified 
     mortgages (as defined in section 860G(a)(3) of such Code) or 
     foreclosure property (as defined in section 860G(a)(8) of 
     such Code)--
       (1) prohibit or restrict (including restrictions on the 
     type, number, percentage, or frequency of modifications or 
     dispositions) such servicers or trustees from reasonably 
     modifying or disposing of such qualified mortgages or such 
     foreclosure property in order to participate in the Troubled 
     Asset Relief Program established by the Secretary of the 
     Treasury under section 101(a) of the Emergency Economic 
     Stabilization Act of 2008 or under rules established by the 
     Secretary under section 503 of this title,
       (2) commit to a person other than the servicer or trustee 
     the authority to prevent the reasonable modification or 
     disposition of any such qualified mortgage or foreclosure 
     property,
       (3) require a servicer or trustee to purchase qualified 
     mortgages which are in default or as to which default is 
     reasonably foreseeable for the purposes of reasonably 
     modifying such mortgages or as a consequence of such 
     reasonable modification, or
       (4) fail to provide that any duty a servicer or trustee 
     owes when modifying or disposing of qualified mortgages or 
     foreclosure property shall be to the trust in the aggregate 
     and not to any individual or class of investors.
       (c) Effective Dates.--
       (1) Subsection (a).--Subsection (a) shall apply to 
     modification and dispositions after the date of the enactment 
     of this title, in taxable years ending on or after such date.
       (2) Subsection (b).--
       (A) In general.--Except as provided in subparagraph (B), 
     subsection (b) shall take effect on the date that is 3 months 
     after the date of the enactment of this title.
       (B) Exception.--The Secretary of the Treasury may waive the 
     application of subsection (b) in whole or in part for any 
     period of time with respect to any entity if--
       (i) the Secretary determines that such entity is unable to 
     comply with the requirements of such subsection in a timely 
     manner, or
       (ii) the Secretary determines that such waiver would 
     further the purposes of this title.

     SEC. 503. ESTABLISHMENT OF A HOME MORTGAGE LOAN RELIEF 
                   PROGRAM UNDER THE TROUBLED ASSET RELIEF PROGRAM 
                   AND RELATED AUTHORITIES.

       (a) Establishment.--Not later than 30 days after the date 
     of enactment of this title, the Secretary of the Treasury 
     shall establish and implement a program under the Troubled 
     Asset Relief Program and related authorities established 
     under section 101(a) of the Emergency Economic Stabilization 
     Act of 2008 (12 U.S.C. 5211(a))--
       (1) to achieve appropriate broad-scale modifications or 
     dispositions of troubled home mortgage loans; and
       (2) to achieve appropriate broad-scale dispositions of 
     foreclosure property.
       (b) Rules.--The Secretary of the Treasury shall promulgate 
     rules governing the--
       (1) reasonable modification of any home mortgage loan 
     pursuant to the requirements of this title; and
       (2) disposition of any such home mortgage loan or 
     foreclosed property pursuant to the requirements of this 
     title.
       (c) Considerations.--In developing the rules required under 
     subsection (b), the Secretary of the Treasury shall take into 
     consideration--
       (1) the debt-to-income ratio, loan-to-value ratio, or 
     payment history of the mortgagors of such home mortgage 
     loans; and
       (2) any other factors consistent with the intent to 
     streamline modifications of troubled home mortgage loans into 
     sustainable home mortgage loans.
       (d) Use of Broad Authority.--The Secretary of the Treasury 
     shall use all available authorities to implement the home 
     mortgage loan relief program established under this section, 
     including, as appropriate--
       (1) home mortgage loan purchases;
       (2) home mortgage loan guarantees;
       (3) making and funding commitments to purchase home 
     mortgage loans or mortgage-backed securities;
       (4) buying down interest rates and principal on home 
     mortgage loans;
       (5) principal forbearance; and
       (6) developing standard home mortgage loan modification and 
     disposition protocols, which shall include ratifying that 
     servicer action taken in anticipation of any necessary 
     changes to the instruments governing the conduct of servicers 
     or trustees with respect to qualified mortgages or 
     foreclosure property are consistent with the Secretary of the 
     Treasury's standard home mortgage loan modification and 
     disposition protocols.
       (e) Payments Authorized.--The Secretary of the Treasury is 
     authorized to pay servicers for home mortgage loan 
     modifications or other dispositions consistent with any rules 
     established under subsection (b).
       (f) Rule of Construction.--Any standard home mortgage loan 
     modification and disposition protocols developed by the 
     Secretary of the Treasury under this section shall be 
     construed to constitute standard industry practice.

                          ____________________