Publicl Law 111-5 (Title XII)

TITLE XII P.L. 111-5.doc

ARRA Solicitation of Applications and Notice of Funds Availability for High-Speed Rail Corridors and Intercity Passenger Rail Service - Capital Assistance and Planning Grants Program

Publicl Law 111-5 (Title XII)

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One Hundred Eleventh Congress

of the

United States of America


AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the sixth day of January, two thousand and nine


An Act

Making supplemental appropriations for job preservation and creation, infrastructure

investment, energy efficiency and science, assistance to the unemployed, and

State and local fiscal stabilization, for the fiscal year ending September 30,

2009, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘American Recovery and Reinvestment

Act of 2009’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

DIVISION A—APPROPRIATIONS PROVISIONS

TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,

AND RELATED AGENCIES

TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

TITLE III—DEPARTMENT OF DEFENSE

TITLE IV—ENERGY AND WATER DEVELOPMENT

TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT

TITLE VI—DEPARTMENT OF HOMELAND SECURITY

TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

TITLE VIII—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,

AND EDUCATION, AND RELATED AGENCIES

TITLE IX—LEGISLATIVE BRANCH

TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED

AGENCIES

TITLE XI—STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND

RELATED AGENCIES

TITLE XIII—HEALTH INFORMATION TECHNOLOGY

TITLE XIV—STATE FISCAL STABILIZATION FUND

TITLE XV—ACCOUNTABILITY AND TRANSPARENCY

TITLE XVI—GENERAL PROVISIONS—THIS ACT

DIVISION B—TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND

OTHER PROVISIONS

TITLE I—TAX PROVISIONS

TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING

FAMILIES

TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS

TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY;

MISCELLANEOUS MEDICARE PROVISIONS

TITLE V—STATE FISCAL RELIEF

TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM

TITLE VII—LIMITS ON EXECUTIVE COMPENSATION


SEC. 3. PURPOSES AND PRINCIPLES.


(a) STATEMENT OF PURPOSES.—The purposes of this Act include

the following:

H. R. 1—2

(1) To preserve and create jobs and promote economic

recovery.

(2) To assist those most impacted by the recession.

(3) To provide investments needed to increase economic

efficiency by spurring technological advances in science and

health.

(4) To invest in transportation, environmental protection,

and other infrastructure that will provide long-term economic

benefits.

(5) To stabilize State and local government budgets, in

order to minimize and avoid reductions in essential services

and counterproductive state and local tax increases.

(b) GENERAL PRINCIPLES CONCERNING USE OF FUNDS.—The

President and the heads of Federal departments and agencies shall

manage and expend the funds made available in this Act so as

to achieve the purposes specified in subsection (a), including commencing

expenditures and activities as quickly as possible consistent

with prudent management.


SEC. 4. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this

Act’’ contained in any division of this Act shall be treated as

referring only to the provisions of that division.


SEC. 5. EMERGENCY DESIGNATIONS.

(a) IN GENERAL.—Each amount in this Act is designated as

an emergency requirement and necessary to meet emergency needs

pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)

and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the

concurrent resolutions on the budget for fiscal years 2008 and

2009.

(b) PAY-AS-YOU-GO.—All applicable provisions in this Act are

designated as an emergency for purposes of pay-as-you-go principles.


DIVISION A—APPROPRIATIONS

PROVISIONS


That the following sums are appropriated, out of any money

in the Treasury not otherwise appropriated, for the fiscal year

ending September 30, 2009, and for other purposes, namely:


TITLE XII—TRANSPORTATION,

2 AND HOUSING AND URBAN

3 DEVELOPMENT

4 DEPARTMENT OF TRANSPORTATION

5 FEDERAL AVIATION ADMINISTRATION

6 GRANTS-IN-AID FOR AIRPORTS

7 For an additional amount for ‘‘Grants-in-Aid for Air8

ports’’, to enable the Secretary of Transportation to make

9 grants for discretionary projects as authorized by sub10

chapter I of chapter 471 and subchapter I of chapter 475

11 of title 49, United States Code, $3,000,000,000: Provided,

12 That such funds shall not be subject to apportionment for13

mulas, special apportionment categories, or minimum per14

centages under chapter 471: Provided further, That the

15 conditions, certifications, and assurances required for

16 grants under subchapter I of chapter 471 of such title

17 apply: Provided further, That for purposes of applying sec18

tion 1104 of this Act to this appropriation, the deadline

19 for grantees to enter into contracts or other binding com20

mitments to make use of not less than 50 percent of the

21 funds awarded shall be 120 days after award of the grant.

22 FEDERAL HIGHWAY ADMINISTRATION

23 HIGHWAY INFRASTRUCTURE INVESTMENT

24 For projects and activities eligible under section 133

25 of title 23, United States Code, section 144 of such title

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1 (without regard to subsection (g)), and sections 103, 119,

2 134, 148, and 149 of such title, $30,000,000,000, of

3 which $300,000,000 shall be for Indian reservation roads

4 under section 204 of such title; $250,000,000 shall be for

5 park roads and parkways under section 204 of such title;

6 $20,000,000 shall be for highway surface transportation

7 and technology training under section 140(b) of such title;

8 and $20,000,000 shall be for disadvantaged business en9

terprises bonding assistance under section 332(e) of title

10 49, United States Code: Provided, That the amount set

11 aside from this appropriation pursuant to section 1106 of

12 this Act shall not be more than 0.2 percent of the funds

13 made available under this heading instead of the percent14

age specified in such section: Provided further, That, after

15 making the set-asides authorized by the previous provisos,

16 the funds made available under this heading shall be dis17

tributed among the States, and Puerto Rico, American

18 Samoa, Guam, the Virgin Islands, and the Commonwealth

19 of the Northern Mariana Islands, in the same ratio as the

20 obligation limitation for fiscal year 2008 was distributed

21 among the States in accordance with the formula specified

22 in section 120(a)(6) of division K of Public Law 110–161,

23 but, in the case of the Puerto Rico Highway Program and

24 the Territorial Highway Program, under section 120(a)(5)

25 of such division: Provided further, That 45 percent of the

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1 funds distributed to a State under this heading shall be

2 suballocated within the State in the manner and for the

3 purposes described in section 133(d) of title 23, United

4 States Code, (without regard to the comparison to fiscal

5 year 2005 in paragraph (2)): Provided further, That in

6 selecting projects to be funded, recipients shall give pri7

ority to projects that can award contracts within 120 days

8 of enactment of this Act, are included in an approved

9 Statewide Transportation Improvement Program (STIP)

10 and/or Metropolitan Transportation Improvement Pro11

gram (TIP), are projected for completion within a three12

year time frame, and are located in economically dis13

tressed areas as defined by section 301 of the Public

14 Works and Economic Development Act of 1965, as

15 amended (42 U.S.C. 3161): Provided further, That funds

16 made available under this heading shall be administered

17 as if apportioned under chapter 1 of title 23, United

18 States Code, except for funds made available for Indian

19 reservation roads and park roads and parkways which

20 shall be administered in accordance with chapter 2 of title

21 23, United States Code: Provided further, That the Fed22

eral share payable on account of any project or activity

23 carried out with funds made available under this heading

24 shall, at the option of the recipient, be up to 100 percent

25 of the total cost thereof: Provided further, That funds

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1 made available by this Act shall not be obligated for the

2 purposes authorized under section 115(b) of title 23,

3 United States Code: Provided further, That the provisions

4 of section 1101(b) of Public Law 109–59 shall apply to

5 funds made available under this heading: Provided further,

6 That, in lieu of the redistribution required by section

7 1104(b) of this Act, if less than 50 percent of the funds

8 made available to each State and territory under this

9 heading are obligated based on awarded contracts within

10 120 days after the date of distribution of those funds to

11 the States and territories, then the portion of the 50 per12

cent of the total funding distributed to the State or terri13

tory that has not been obligated based on awarded con14

tracts shall be redistributed, in the manner described in

15 section 120(c) of division K of Public Law 110–161, to

16 those States and territories that have obligated, based on

17 awarded contracts, at least 50 percent of the funds made

18 available under this heading and are able to obligate

19 amounts in addition to those previously distributed, except

20 that, for those funds suballocated within the State, if less

21 than 50 percent of the funds so suballocated within the

22 State are obligated, based on awarded contracts, within

23 90 days of suballocation, then the portion of the 50 per24

cent of funding so suballocated that has not been obli25

gated, based on awarded contracts, will be returned to the

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1 State for use anywhere in the State prior to being redis2

tributed in accordance with the first part of this proviso:

3 Provided further, That, in lieu of the redistribution re4

quired by section 1104(b) of this Act, any funds made

5 available under this heading that are not obligated, based

6 on awarded contracts, by August 1, 2010, shall be redis7

tributed, in the manner described in section 120(c) of divi8

sion K of Public Law 110–161, to those States able to

9 obligate amounts in addition to those previously distrib10

uted, except that funds suballocated within the State that

11 are not obligated, based on awarded contracts, by July 1,

12 2010, will be returned to the State for use anywhere in

13 the State prior to being redistributed in accordance with

14 the first part of this proviso: Provided further, That not15

withstanding section 1103 of this Act, funds made avail16

able under this heading shall be apportioned not later than

17 7 days after the date of enactment of this Act.

18 FEDERAL RAILROAD ADMINISTRATION

19 CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL

20 SERVICE

21 For an additional amount for ‘‘Capital Assistance for

22 Intercity Passenger Rail Service’’ to enable the Secretary

23 of Transportation to make grants for capital costs as au24

thorized by chapter 244 of title 49 United States Code,

25 $300,000,000: Provided, That notwithstanding section

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1 1103 of this Act, the Secretary shall give preference to

2 projects for the repair, rehabilitation, upgrade, or pur3

chase of railroad assets or infrastructure that can be

4 awarded within 180 days of enactment of this Act: Pro5

vided further, That in awarding grants for the acquisition

6 of a piece of rolling stock or locomotive, the Secretary shall

7 give preference to FRA-compliant rolling stock and loco8

motives: Provided further, That the Secretary shall give

9 preference to projects that support the development of

10 intercity high speed rail service: Provided further, That the

11 Federal share shall be, at the option of the recipient, up

12 to 100 percent.

13 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

14 RAILROAD PASSENGER CORPORATION

15 For an additional amount for ‘‘Capital and Debt

16 Service Grants to the National Railroad Passenger Cor17

poration’’ (Amtrak) to enable the Secretary of Transpor18

tation to make capital grants to Amtrak as authorized by

19 section 101(c) of the Passenger Rail Investment and Im20

provement Act of 2008 (Public Law 110–432),

21 $800,000,000: Provided, That priority shall be given to

22 projects for the repair, rehabilitation, or upgrade of rail23

road assets or infrastructure: Provided further, That none

24 of the funds under this heading shall be used to subsidize

25 the operating losses of Amtrak: Provided further, Notwith-

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1 standing section 1103 of this Act, funds made available

2 under this heading shall be awarded not later than 7 days

3 after the date of enactment of this Act.

4 FEDERAL TRANSIT ADMINISTRATION

5 TRANSIT CAPITAL ASSISTANCE

6 For transit capital assistance grants,

7 $6,000,000,000, of which $5,400,000,000 shall be for

8 grants under section 5307 of title 49, United States Code

9 and shall be apportioned in accordance with section 5336

10 of such title (other than subsections (i)(1) and (j)) but

11 may not be combined or commingled with any other funds

12 apportioned under such section 5336, and of which

13 $600,000,000 shall be for grants under section 5311 of

14 such title and shall be apportioned in accordance with such

15 section 5311 but may not be combined or commingled with

16 any other funds apportioned under that section: Provided,

17 That of the funds provided for section 5311 under this

18 heading, 3 percent shall be made available for section

19 5311(c)(1): Provided further, That applicable chapter 53

20 requirements shall apply except that the Federal share of

21 the costs for which a grant is made under this heading

22 shall be, at the option of the recipient, up to 100 percent:

23 Provided further, In lieu of the requirements of section

24 1103 of this Act, funds made available under this heading

25 shall be apportioned not later than 7 days after the date

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1 of enactment of this Act: Provided further, That for pur2

poses of applying section 1104 of this Act to this appro3

priation, the deadline for grantees to enter into contracts

4 or other binding commitments to make use of not less

5 than 50 percent of the funds awarded shall be 120 days

6 after apportionment: Provided further, That the provisions

7 of section 1101(b) of Public Law 109–59 shall apply to

8 funds made available under this heading: Provided further,

9 That notwithstanding any other provision of law, of the

10 funds apportioned in accordance with section 5336, up to

11 three-quarters of 1 percent shall be available for adminis12

trative expenses and program management oversight and

13 of the funds apportioned in accordance with section 5311,

14 up to one-half of 1 percent shall be available for adminis15

trative expenses and program management oversight and

16 both amounts shall remain available for obligation until

17 September 30, 2012: Provided further, That the preceding

18 proviso shall apply in lieu of the provisions in section 1106

19 of this Act.

20 FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT

21 For an amount for capital expenditures authorized

22 under section 5309(b)(2) of title 49, United States Code,

23 $2,000,000,000: Provided, That the Secretary of Trans24

portation shall apportion funds under this heading pursu25

ant to the formula set forth in section 5337 of title 49,

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1 United States Code: Provided further, That the funds ap2

propriated under this heading shall not be commingled

3 with funds available under the Formula and Bus Grants

4 account: Provided further, In lieu of the requirements of

5 section 1103 of this Act, funds made available under this

6 heading shall be apportioned not later than 7 days after

7 the date of enactment of this Act: Provided further, That

8 for purposes of applying section 1104 of this Act to this

9 appropriation, the deadline for grantees to enter into con10

tracts or other binding commitments to make use of not

11 less than 50 percent of the funds awarded shall be 120

12 days after apportionment: Provided further, That applica13

ble chapter 53 requirements shall apply except that the

14 Federal share of the costs for which a grant is made under

15 this heading shall be, at the option of the recipient, up

16 to 100 percent: Provided further, That the provisions of

17 section 1101(b) of Public Law 109–59 shall apply to funds

18 made available under this heading: Provided further, That

19 notwithstanding any other provision of law, up to 1 per20

cent of the funds under this heading shall be available for

21 administrative expenses and program management over22

sight and shall remain available for obligation until Sep23

tember 30, 2012: Provided further, That the preceding

24 proviso shall apply in lieu of the provisions in section 1106

25 of this Act.

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1 CAPITAL INVESTMENT GRANTS

2 For an additional amount for ‘‘Capital Investment

3 Grants’’, as authorized under section 5338(c)(4) of title

4 49, United States Code, and allocated under section

5 5309(m)(2)(A) of such title, to enable the Secretary of

6 Transportation to make discretionary grants as authorized

7 by section 5309(d) and (e) of such title, $1,000,000,000:

8 Provided, That such amount shall be allocated without re9

gard to the limitation under section 5309(m)(2)(A)(i):

10 Provided further, That in selecting projects to be funded,

11 priority shall be given to projects that are currently in con12

struction or are able to award contracts based on bids

13 within 120 days of enactment of this Act: Provided further,

14 That for purposes of applying section 1104 of this Act

15 to this appropriation, the deadline for grantees to enter

16 into contracts or other binding commitments to make use

17 of not less than 50 percent of the funds awarded shall

18 be 120 days after award: Provided further, That the provi19

sions of section 1101(b) of Public Law 109–59 shall apply

20 to funds made available under this heading: Provided fur21

ther, That applicable chapter 53 requirements shall apply,

22 except that notwithstanding any other provision of law,

23 up to 1 percent of the funds under this heading shall be

24 available for administrative expenses and program man25

agement oversight and shall remain available for obliga-

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1 tion until September 30, 2012: Provided further, That the

2 preceding proviso shall apply in lieu of the provisions in

3 section 1106 of this Act.

4 DEPARTMENT OF HOUSING AND URBAN

5 DEVELOPMENT

6 PUBLIC AND INDIAN HOUSING

7 PUBLIC HOUSING CAPITAL FUND

8 For an additional amount for ‘‘Public Housing Cap9

ital Fund’’ to carry out capital and management activities

10 for public housing agencies, as authorized under section

11 9 of the United States Housing Act of 1937 (42 U.S.C.

12 1437g) (‘‘the Act’’), $5,000,000,000: Provided, That the

13 Secretary of Housing and Urban Development shall dis14

tribute at least $4,000,000,000 of this amount by the

15 same formula used for amounts made available in fiscal

16 year 2008: Provided further, That public housing authori17

ties shall give priority to capital projects that can award

18 contracts based on bids within 120 days from the date

19 the funds are made available to the public housing au20

thorities: Provided further, That public housing agencies

21 shall give priority consideration to the rehabilitation of va22

cant rental units: Provided further, That notwithstanding

23 any other provision of the Act or regulations, (1) funding

24 provided herein may not be used for Operating Fund ac25

tivities pursuant to section 9(g) of the Act, and (2) any

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1 restriction of funding to replacement housing uses shall

2 be inapplicable: Provided further, That public housing

3 agencies shall prioritize capital projects underway or al4

ready in their 5-year plans: Provided further, That of the

5 amount provided under this heading, the Secretary may

6 obligate up to $1,000,000,000, for competitive grants to

7 public housing authorities for activities including: (1) in8

vestments that leverage private sector funding or financ9

ing for housing renovations and energy conservation ret10

rofit investments; (2) rehabilitation of units using sustain11

able materials and methods that improve energy efficiency,

12 reduce energy costs, or preserve and improve units with

13 good access to public transportation or employment cen14

ters; (3) increase the availability of affordable rental hous15

ing by expediting rehabilitation projects to bring vacant

16 units into use or by filling the capital investment gap for

17 redevelopment or replacement housing projects which have

18 been approved or are otherwise ready to proceed but are

19 stalled due to the inability to obtain anticipated private

20 capital; or (4) address the needs of seniors and persons

21 with disabilities through improvements to housing and re22

lated facilities which attract or promote the coordinated

23 delivery of supportive services: Provided further, That the

24 Secretary may waive statutory or regulatory provisions re25

lated to the obligation and expenditure of capital funds

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1 if necessary to facilitate the timely expenditure of funds

2 (except for requirements related to fair housing, non3

discrimination, labor standards, and the environment).

4 ELDERLY, DISABLED, AND SECTION 8 ASSISTED HOUSING

5 ENERGY RETROFIT

6 For grants or loans to owners of properties receiving

7 project-based assistance pursuant to section 202 of the

8 Housing Act of 1959 (12 U.S.C. 17012), section 811 of

9 the Cranston-Gonzalez National Affordable Housing Act

10 (42 U.S.C. 8013), or section 8 of the United States Hous11

ing Act of 1937 (42 U.S.C. 1437f), to accomplish energy

12 retrofit investments, $2,500,000,000: Provided, That such

13 loans or grants shall be provided through the Office of

14 Affordable Housing Preservation of the Department of

15 Housing and Urban Development, on such terms and con16

ditions as the Secretary of Housing and Urban Develop17

ment deems appropriate: Provided further, That eligible

18 owners must have at least a satisfactory management re19

view rating, be in substantial compliance with applicable

20 performance standards and legal requirements, and com21

mit to an additional period of affordability determined by

22 the Secretary: Provided further, That the Secretary shall

23 undertake appropriate underwriting and oversight with re24

spect to such transactions: Provided further, That the Sec25

retary may set aside funds made available under this

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1 heading for an efficiency incentive payable upon satisfac2

tory completion of energy retrofit investments, and may

3 provide additional incentives if such investments resulted

4 in extraordinary job creation for low-income and very low5

income persons: Provided further, that of the funds pro6

vided under this heading, 1 percent shall be available only

7 for staffing, training, technical assistance, technology,

8 monitoring, research and evaluation activities.

9 NATIVE AMERICAN HOUSING BLOCK GRANTS

10 For an additional amount for ‘‘Native American

11 Housing Block Grants’’, as authorized under title I of the

12 Native American Housing Assistance and Self-Determina13

tion Act of 1996 (‘‘NAHASDA’’) (25 U.S.C. 4111 et

14 seq.), $500,000,000: Provided, That $250,000,000 of the

15 amount appropriated under this heading shall be distrib16

uted according to the same funding formula used in fiscal

17 year 2008: Provided further, That in selecting projects to

18 be funded, recipients shall give priority to projects that

19 can award contracts based on bids within 120 days from

20 the date that funds are available to the recipients: Pro21

vided further, That in allocating the funds appropriated

22 under this heading, the Secretary of Housing and Urban

23 Development shall not require an additional action plan

24 from grantees: Provided further, That the Secretary may

25 obligate $250,000,000 of the amount appropriated under

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1 this heading for competitive grants to eligible entities that

2 apply for funds as authorized under NAHASDA: Provided

3 further, That in awarding competitive funds, the Secretary

4 shall give priority to projects that will spur construction

5 and rehabilitation and will create employment opportuni6

ties for low-income and unemployed persons.

7 COMMUNITY PLANNING AND DEVELOPMENT

8 COMMUNITY DEVELOPMENT FUND

9 For an additional amount for ‘‘Community Develop10

ment Fund’’ $1,000,000,000, to carry out the community

11 development block grant program under title I of the

12 Housing and Community Development Act of 1974 (42

13 U.S.C. 5301 et seq.): Provided, That the amount appro14

priated in this paragraph shall be distributed according

15 to the same funding formula used in fiscal year 2008: Pro16

vided further, That in allocating the funds appropriated

17 in this paragraph, the Secretary of Housing and Urban

18 Development shall not require an additional action plan

19 from grantees: Provided further, That in selecting projects

20 to be funded, recipients shall give priority to projects that

21 can award contracts based on bids within 120 days from

22 the date the funds are made available to the recipients;

23 Provided further, That in administering funds provided in

24 this paragraph, the Secretary may waive any provision of

25 any statute or regulation that the Secretary administers

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1 in connection with the obligation by the Secretary or the

2 use by the recipient of these funds (except for require3

ments related to fair housing, nondiscrimination, labor

4 standards, and the environment), upon a finding that such

5 waiver is required to facilitate the timely use of such funds

6 and would not be inconsistent with the overall purpose of

7 the statute.

8 For a further additional amount for ‘‘Community De9

velopment Fund’’, $4,190,000,000, to be used for neigh10

borhood stabilization activities related to emergency as11

sistance for the redevelopment of abandoned and fore12

closed homes as authorized under division B, title III of

13 the Housing and Economic Recovery Act of 2008 (Public

14 Law 110–289), of which—

15 (1) not less than $3,440,000,000 shall be allo16

cated by a competition for which eligible entities

17 shall be States, units of general local government,

18 and nonprofit entities or consortia of nonprofit enti19

ties: Provided, That the award criteria for such com20

petition shall include grantee capacity, leveraging

21 potential, targeted impact of foreclosure prevention,

22 and any additional factors determined by the Sec23

retary of Housing and Urban Development: Provided

24 further, that the Secretary may establish a minimum

25 grant size: Provided further, That amounts made

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1 available under this Section may be used to (A) es2

tablish financing mechanisms for purchase and rede3

velopment of foreclosed-upon homes and residential

4 properties, including such mechanisms as soft-sec5

onds, loan loss reserves, and shared-equity loans for

6 low- and moderate-income homebuyers; (B) purchase

7 and rehabilitate homes and residential properties

8 that have been abandoned or foreclosed upon, in

9 order to sell or rent such homes and properties; (C)

10 establish and operate land banks for homes that

11 have been foreclosed upon; (D) demolish foreclosed

12 properties that have become blighted structures; and

13 (E) redevelop demolished or vacant foreclosed prop14

erties in order to sell or rent such properties; and

15 (2) up to $750,000,000 shall be awarded by

16 competition to nonprofit entities or consortia of non17

profit entities to provide community stabilization as18

sistance by (A) accelerating state and local govern19

ment and nonprofit productivity; (B) increasing the

20 scale and efficiency of property transfers of fore21

closed and vacant residential properties from finan22

cial institutions and government entities to qualified

23 local housing providers in order to return the prop24

erties to productive affordable housing use; (C)

25 building industry and property management capac-

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1 ity; and (D) partnering with private sector real es2

tate developers and contractors and leveraging pri3

vate sector capital: Provided further, That such com4

munity stabilization assistance shall be provided pri5

marily in States and areas with high rates of de6

faults and foreclosures to support the acquisition, re7

habilitation and property management of single-fam8

ily and multi-family homes and to work in partner9

ship with the private sector real estate industry and

10 to leverage available private and public funds for

11 those purposes: Provided further, That for purposes

12 of this paragraph qualified local housing providers

13 shall be nonprofit organizations with demonstrated

14 capabilities in real estate development or acquisition

15 and rehabilitation or property management of single16

or multi-family homes, or local or state governments

17 or instrumentalities of such governments: Provided

18 further, That qualified local housing providers shall

19 be expected to utilize and leverage additional local

20 nonprofit, governmental, for-profit and private re21

sources:

22 Provided further, That in the case of any foreclosure on

23 any dwelling or residential real property acquired with any

24 amounts made available under this heading, any successor

25 in interest in such property pursuant to the foreclosure

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1 shall assume such interest subject to—(1) the provision

2 by such successor in interest of a notice to vacate to any

3 bona fide tenant at least 90 days before the effective date

4 of such notice; and (2) the rights of any bona fide tenant,

5 as of the date of such notice of foreclosure (A) under any

6 bona fide lease entered into before the notice of foreclosure

7 to occupy the premises until the end of the remaining term

8 of the lease, except that a successor in interest may termi9

nate a lease effective on the date of sale of the unit to

10 a purchaser who will occupy the unit as a primary resi11

dence, subject to the receipt by the tenant of the 90-day

12 notice under this paragraph; or (B) without a lease or with

13 a lease terminable at will under State law, subject to the

14 receipt by the tenant of the 90-day notice under this para15

graph, except that nothing in this paragraph shall affect

16 the requirements for termination of any Federal- or State17

subsidized tenancy or of any State or local law that pro18

vides longer time periods or other additional protections

19 for tenants: Provided further, That, for purposes of this

20 paragraph, a lease or tenancy shall be considered bona fide

21 only if (1) the mortgagor under the contract is not the

22 tenant; (2) the lease or tenancy was the result of an arms23

length transaction; and (3) the lease or tenancy requires

24 the receipt of rent that is not substantially less than fair

25 market rent for the property: Provided further, That the

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1 recipient of any grant or loan from amounts made avail2

able under this heading may not refuse to lease a dwelling

3 unit in housing assisted with such loan or grant to a hold4

er of a voucher or certificate of eligibility under section

5 8 of the United States Housing Act of 1937 (42 U.S.C.

6 1437f) because of the status of the prospective tenant as

7 such a holder: Provided further, That in the case of any

8 qualified foreclosed housing for which funds made avail9

able under this heading are used and in which a recipient

10 of assistance under section 8(o) of the U.S. Housing Act

11 of 1937 resides at the time of acquisition or financing,

12 the owner and any successor in interest shall be subject

13 to the lease and to the housing assistance payments con14

tract for the occupied unit: Provided further, That

15 vacating the property prior to sale shall not constitute

16 good cause for termination of the tenancy unless the prop17

erty is unmarketable while occupied or unless the owner

18 or subsequent purchaser desires the unit for personal or

19 family use: Provided further, That this paragraph shall not

20 preempt any State or local law that provides more protec21

tion for tenants: Provided further, That amounts made

22 available under this heading may be used for the costs

23 of demolishing foreclosed housing that is deteriorated or

24 unsafe: Provided further, That the amount for demolition

25 of such housing may not exceed 10 percent of amounts

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1 allocated under this paragraph to States and units of gen2

eral local government: Provided further, That no amounts

3 from a grant made under this paragraph may be used to

4 demolish any public housing (as such term is defined in

5 section 3 of the United States Housing Act of 1937 (42

6 U.S.C. 1437a)): Provided further, That section 2301(d)(4)

7 of the Housing and Economic Recovery Act of 2008 (Pub8

lic Law 110–289) is repealed.

9 HOME INVESTMENT PARTNERSHIPS PROGRAM

10 For an additional amount for ‘‘HOME Investment

11 Partnerships Program’’ as authorized under Title II of the

12 Cranston-Gonzalez National Affordable Housing Act (‘‘the

13 Act’’), $1,500,000,000: Provided, That the amount appro14

priated under this heading shall be distributed according

15 to the same funding formula used in fiscal year 2008: Pro16

vided further, That the Secretary of Housing and Urban

17 Development may waive statutory or regulatory provisions

18 related to the obligation of such funds if necessary to fa19

cilitate the timely expenditure of funds (except for require20

ments related to fair housing, nondiscrimination, labor

21 standards, and the environment): Provided further, That

22 in selecting projects to be funded, recipients shall give pri23

ority to projects that can award contracts based on bids

24 within 120 days from the date that funds are available

25 to the recipients.

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1 SELF-HELP AND ASSISTED HOMEOWNERSHIP

2 OPPORTUNITY PROGRAM

3 For an additional amount for ‘‘Self-Help and As4

sisted Homeownership Opportunity Program’’, as author5

ized under section 11 of the Housing Opportunity Pro6

gram Extension Act of 1996, $10,000,000: Provided, That

7 in awarding competitive grant funds, the Secretary of

8 Housing and Urban Development shall give priority to the

9 provision and rehabilitation of sustainable, affordable sin10

gle and multifamily units in low-income, high-need rural

11 areas: Provided further, That in selecting projects to be

12 funded, grantees shall give priority to projects that can

13 award contracts based on bids within 120 days from the

14 date the funds are made available to the grantee.

15 HOMELESS ASSISTANCE GRANTS

16 For an additional amount for ‘‘Homeless Assistance

17 Grants’’, for the emergency shelter grants program as au18

thorized under subtitle B of tile IV of the McKinney-Vento

19 Homeless Assistance Act, $1,500,000,000: Provided, That

20 in addition to homeless prevention activities specified in

21 the emergency shelter grant program, funds provided

22 under this heading may be used for the provision of short23

term or medium-term rental assistance; housing relocation

24 and stabilization services including housing search, medi25

ation or outreach to property owners, legal services, credit

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1 repair, resolution of security or utility deposits, utility pay2

ments, rental assistance for a final month at a location,

3 and moving costs assistance; or other appropriate home4

lessness prevention activities; Provided further, That these

5 funds shall be allocated pursuant to the formula author6

ized by section 413 of such Act: Provided further, That

7 the Secretary of Housing and Urban Development may

8 waive statutory or regulatory provisions related to the obli9

gation and use of emergency shelter grant funds necessary

10 to facilitate the timely expenditure of funds.

11 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

12 CONTROL

13 LEAD HAZARD REDUCTION

14 For an additional amount for ‘‘Lead Hazard Reduc15

tion’’, for the Lead Hazard Reduction Program as author16

ized by section 1011 of the Residential Lead-Based Paint

17 Hazard Reduction Act of 1992, $100,000,000: Provided,

18 That for purposes of environmental review, pursuant to

19 the National Environmental Policy Act of 1969 (42 U.S.C.

20 4321 et seq.) and other provisions of law that further the

21 purposes of such Act, a grant under the Healthy Homes

22 Initiative, Operation Lead Elimination Action Plan

23 (LEAP), or the Lead Technical Studies program under

24 this heading or under prior appropriations Acts for such

25 purposes under this heading, shall be considered to be

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1 funds for a special project for purposes of section 305(e)

2 of the Multifamily Housing Property Disposition Reform

3 Act of 1994: Provided further, That of the total amount

4 made available under this heading, $30,000,000 shall be

5 made available on a competitive basis for areas with the

6 highest lead paint abatement needs.

7 GENERAL PROVISIONS, THIS TITLE

8 SEC. 12001. MAINTENANCE OF EFFORT AND REPORTING

9 REQUIREMENTS TO ENSURE TRANSPARENCY

10 AND ACCOUNTABILITY.

11 (a) MAINTENANCE OF EFFORT.—Not later than 30

12 days after the date of enactment of this Act, for each

13 amount that is distributed to a State or agency thereof

14 from an appropriation in this Act for a covered program,

15 the Governor of the State shall certify that the State will

16 maintain its effort with regard to State funding for the

17 types of projects that are funded by the appropriation. As

18 part of this certification, the Governor shall submit to the

19 covered agency a statement identifying the amount of

20 funds the State planned to expend as of the date of enact21

ment of this Act from non-Federal sources in the period

22 beginning on the date of enactment of this Act through

23 September 30, 2010, for the types of projects that are

24 funded by the appropriation.

25 (b) PERIODIC REPORTS.—

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1 (1) IN GENERAL.—Notwithstanding any other

2 provision of law, each grant recipient shall submit to

3 the covered agency from which they received funding

4 periodic reports on the use of the funds appropriated

5 in this Act for covered programs. Such reports shall

6 be collected and compiled by the covered agency and

7 transmitted to Congress.

8 (2) CONTENTS OF REPORTS.—For amounts re9

ceived under each covered program by a grant re10

cipient under this Act, the grant recipient shall in11

clude in the periodic reports information tracking—

12 (A) the amount of Federal funds appro13

priated, allocated, obligated, and outlayed under

14 the appropriation;

15 (B) the number of projects that have been

16 put out to bid under the appropriation and the

17 amount of Federal funds associated with such

18 projects;

19 (C) the number of projects for which con20

tracts have been awarded under the appropria21

tion and the amount of Federal funds associ22

ated with such contracts;

23 (D) the number of projects for which work

24 has begun under such contracts and the

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1 amount of Federal funds associated with such

2 contracts;

3 (E) the number of projects for which work

4 has been completed under such contracts and

5 the amount of Federal funds associated with

6 such contracts;

7 (F) the number of jobs created or sus8

tained by the Federal funds provided for

9 projects under the appropriation, including in10

formation on job sectors and pay levels; and

11 (G) for each covered program report infor12

mation tracking the actual aggregate expendi13

tures by each grant recipient from non-Federal

14 sources for projects eligible for funding under

15 the program during the period beginning on the

16 date of enactment of this Act through Sep17

tember 30, 2010, as compared to the level of

18 such expenditures that were planned to occur

19 during such period as of the date of enactment

20 of this Act.

21 (3) TIMING OF REPORTS.—Each grant recipient

22 shall submit the first of the periodic reports required

23 under this subsection not later than 30 days after

24 the date of enactment of this Act and shall submit

25 updated reports not later than 60 days, 120 days,

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1 180 days, 1 year, and 3 years after such date of en2

actment.

3 (c) DEFINITIONS.—In this section, the following defi4

nitions apply:

5 (1) COVERED AGENCY.—The term ‘‘covered

6 agency’’ means the Federal Aviation Administration,

7 the Federal Highway Administration, the Federal

8 Railroad Administration, and the Federal Transit

9 Administration of the Department of Transpor10

tation.

11 (2) COVERED PROGRAM.—The term ‘‘covered

12 program’’ means funds appropriated in this Act for

13 ‘‘Grants-in-Aid for Airports’’ to the Federal Aviation

14 Administration; for ‘‘Highway Infrastructure Invest15

ment’’ to the Federal Highway Administration; for

16 ‘‘Capital Assistance for Intercity Passenger Rail

17 Service’’ to the Federal Railroad Administration; for

18 ‘‘Transit Capital Assistance’’, ‘‘Fixed Guideway In19

frastructure Investment’’, and ‘‘Capital Investment

20 Grants’’ to the Federal Transit Administration.

21 (3) GRANT RECIPIENT.—The term ‘‘grant re22

cipient’’ means a State or other recipient of assist23

ance provided under a covered program in this Act.

24 Such term does not include a Federal department or

25 agency.

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1 SEC. 12002. FHA LOAN LIMITS FOR 2009.

2 (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.—

3 For mortgages for which the mortgagee issues credit ap4

proval for the borrower during calendar year 2009, if the

5 dollar amount limitation on the principal obligation of a

6 mortgage determined under section 203(b)(2) of the Na7

tional Housing Act (12 U.S.C. 1709(b)(2)) for any size

8 residence for any area is less than such dollar amount lim9

itation that was in effect for such size residence for such

10 area for 2008 pursuant to section 202 of the Economic

11 Stimulus Act of 2008 (Public Law 110-185; 122 Stat.

12 620), notwithstanding any other provision of law, the max13

imum dollar amount limitation on the principal obligation

14 of a mortgage for such size residence for such area for

15 purposes of such section 203(b)(2) shall be considered (ex16

cept for purposes of section 255(g) of such Act (12 U.S.C.

17 1715z–20(g))) to be such dollar amount limitation in ef18

fect for such size residence for such area for 2008.

19 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.—

20 Notwithstanding any other provision of law, if the Sec21

retary of Housing and Urban Development determines, for

22 any geographic area that is smaller than an area for which

23 dollar amount limitations on the principal obligation of a

24 mortgage are determined under section 203(b)(2) of the

25 National Housing Act, that a higher such maximum dollar

26 amount limitation is warranted for any particular size or

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1 sizes of residences in such sub-area by higher median

2 home prices in such sub-area, the Secretary may, for mort3

gages for which the mortgagee issues credit approval for

4 the borrower during calendar year 2009, increase the max5

imum dollar amount limitation for such size or sizes of

6 residences for such sub-area that is otherwise in effect (in7

cluding pursuant to subsection (a) of this section), but in

8 no case to an amount that exceeds the amount specified

9 in section 202(a)(2) of the Economic Stimulus Act of

10 2008.

11 SEC. 12003. GSE CONFORMING LOAN LIMITS FOR 2009.

12 (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.—

13 For mortgages originated during calendar year 2009, if

14 the limitation on the maximum original principal obliga15

tion of a mortgage that may purchased by the Federal

16 National Mortgage Association or the Federal Home Loan

17 Mortgage Corporation determined under section 302(b)(2)

18 of the Federal National Mortgage Association Charter Act

19 (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of the Fed20

eral Home Loan Mortgage Corporation Act (12 U.S.C.

21 1754(a)(2)), respectively, for any size residence for any

22 area is less than such maximum original principal obliga23

tion limitation that was in effect for such size residence

24 for such area for 2008 pursuant to section 201 of the Eco25

nomic Stimulus Act of 2008 (Public Law 110-185; 122

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1 Stat. 619), notwithstanding any other provision of law, the

2 limitation on the maximum original principal obligation of

3 a mortgage for such Association and Corporation for such

4 size residence for such area shall be such maximum limita5

tion in effect for such size residence for such area for

6 2008.

7 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.—

8 Notwithstanding any other provision of law, if the Direc9

tor of the Federal Housing Finance Agency determines,

10 for any geographic area that is smaller than an area for

11 which limitations on the maximum original principal obli12

gation of a mortgage are determined for the Federal Na13

tional Mortgage Association or the Federal Home Loan

14 Mortgage Corporation, that a higher such maximum origi15

nal principal obligation limitation is warranted for any

16 particular size or sizes of residences in such sub-area by

17 higher median home prices in such sub-area, the Director

18 may, for mortgages originated during 2009, increase the

19 maximum original principal obligation limitation for such

20 size or sizes of residences for such sub-area that is other21

wise in effect (including pursuant to subsection (a) of this

22 section) for such Association and Corporation, but in no

23 case to an amount that exceeds the amount specified in

24 the matter following the comma in section 201(a)(1)(B)

25 of the Economic Stimulus Act of 2008.

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1 SEC. 12004. FHA REVERSE MORTGAGE LOAN LIMITS FOR

2 2009.

3 For mortgages for which the mortgagee issues credit

4 approval for the borrower during calendar year 2009, the

5 second sentence of section 255(g) of the National Housing

6 Act (12 U.S.C. 171520(g)) shall be considered to require

7 that in no case may the benefits of insurance under such

8 section 255 exceed 150 percent of the maximum dollar

9 amount in effect under the sixth sentence of section

10 305(a)(2) of the Federal Home Loan Mortgage Corpora11

tion Act (12 U.S.C. 1454(a)(2)).


24


File Typeapplication/msword
File TitleTITLE XII—TRANSPORTATION,
Authorfrauser1
Last Modified Byfrauser1
File Modified2009-06-11
File Created2009-06-11

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