HOMELESS ASSISTANCE.

SEC. 2901. HOMELESS ASSISTANCE.(a) Appropriations.—Section 726 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11435) is amended by striking “$70,000,000” and all that follows and inserting “$100,000,000 for fiscal year 2009 and such sums as may be necessary for each subsequent fiscal year.”.(b) Emergency Assistance.—Section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432) is amended by adding at the end the following:“(h) Special Rule for Emergency Assistance.—“(1) Emergency assistance.—“(A) Reservation of amounts.—Subject to paragraph (4) and notwithstanding any other provision of this title, the Secretary shall use funds appropriated under section 726 for fiscal year 2009, but not to exceed $30,000,000, for the purposes of providing emergency assistance through grants.“(B) General authority.—The Secretary shall use the funds to make grants to State educational agencies under paragraph (2), to enable the agencies to make subgrants to local educational agencies under paragraph (3), to provide activities described in section 723(d) for individuals referred to in subparagraph (C).“(C) Eligible individuals.—Funds made available under this subsection shall be used to provide such activities for eligible individuals, consisting of homeless children and youths, and their families, who have become homeless due to home foreclosure, including children and youths, 122 STAT. 2876 and their families, who became homeless when lenders foreclosed on properties rented by the families.“(2) Grants to state educational agencies.—“(A) Disbursement.—The Secretary shall make grants with funds provided under paragraph (1)(A) to State educational agencies based on need, consistent with the number of eligible individuals described in paragraph (1)(C) in the States involved, as determined by the Secretary.“(B) Assurance.—To be eligible to receive a grant under this paragraph, a State educational agency shall provide an assurance to the Secretary that the State educational agency, and each local educational agency receiving a subgrant from the State educational agency under this subsection shall ensure that the activities carried out under this subsection are consistent with the activities described in section 723(d).“(3) Subgrants to local educational agencies.—A State educational agency that receives a grant under paragraph (2) shall use the funds made available through the grant to make subgrants to local educational agencies. The State educational agency shall make the subgrants to local educational agencies based on need, consistent with the number of eligible individuals described in paragraph (1)(C) in the areas served by the local educational agencies, as determined by the State educational agency.“(4) Restriction.—The Secretary—“(A) shall determine the amount (if any) by which the funds appropriated under section 726 for fiscal year 2009 exceed $70,000,000; and“(B) may only use funds from that amount to carry out this subsection.”.