S.Amdt. 4394Senate110th Congress (2007-2009)2nd degree

S.Amdt. 4394

Submitted April 3, 2008

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Senate amendment submitted

April 3, 2008

Text

Submitted

SA 4394. Ms. MIKULSKI (for herself, Mr. Kennedy and Mr. Harkin)
submitted an amendment intended to be proposed to amendment SA 4387
submitted by Mr. Dodd (for himself and Mr. Shelby) to the bill H.R.
3221, moving the United States toward greater energy independence and
security, developing innovative new technologies, reducing carbon
emissions, creating green jobs, protecting consumers, increasing clean
renewable energy production, and modernizing our energy infrastructure,
and to amend the Internal Revenue Code of 1986 to provide tax
incentives for the production of renewable energy and energy
conservation; which was ordered to lie on the table; as follows:

On page 58, line 10, strike ``$100,000,000'' and insert
``$137,500,000''.
On page 58, line 17, strike the period and insert the
following: ``: Provided, That, of such amounts $37,500,000
shall be used by the Neighborhood Reinvestment Corporation
(referred to in this section as the `NRC') to (1) make grants
to counseling intermediaries approved by the Department of
Housing and Urban Development or the NRC to hire attorneys
trained and capable of assisting homeowners of owner-occupied
homes with mortgages in default, in danger of default, or
subject to or at risk of foreclosure who have legal issues
that cannot be handled by counselors already employed by such
intermediaries, and (2) support NRC partnerships with State
and local legal organizations and organizations described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of that Code with
demonstrated relevant legal experience in home foreclosure
law, as such experience is determined by the Chief Executive
Officer of NRC: Provided further, That for the purpose of the
prior proviso the term `relevant experience' means experience
representing homeowners in negotiations and or legal
proceedings aimed at preventing or mitigating foreclosure or
providing legal research and technical legal expertise to
community based organizations whose goal is to reduce,
prevent, or mitigate foreclosure: Provided further, That of
the amounts provided for in the prior provisos the NRC shall
give priority consideration to counseling intermediaries and
legal organizations that (1) provide legal assistance in the
100 metropolitan statistical areas (as defined by the
Director of the Office of Management and Budget) with the
highest home foreclosure rates, and (2) have the capacity to
begin using the financial assistance within 90 days after
receipt of the assistance.''.
On page 58, between lines 17 and 18, insert the following:

SEC. 302. LEGAL ASSISTANCE RELATED TO HOME OWNERSHIP
PRESERVATION AND FORECLOSURE PREVENTION.

(a) Appropriation.--
(1) In general.--There is authorized to be appropriated and
there is appropriated to the Legal Services Corporation
$37,500,000 to provide legal assistance related to home
ownership preservation, home foreclosure prevention, and
tenancy associated with home foreclosure.
(2) Availability.--Such funds shall remain available until
expended.
(b) Funding Requirements.--Each limitation on expenditures,
and each term or condition, that applies to funds
appropriated to the Legal Services Corporation under the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2008, shall apply to funds appropriated
to the Corporation under subsection (a), except as provided
in subsections (a)(1) and (c).
(c) Priority.--In providing financial assistance from the
funds appropriated under subsection (a), the Corporation
shall give priority to eligible entities and individuals
that--
(1) provide legal assistance in the 100 metropolitan
statistical areas (as defined by the Director of the Office
of Management and Budget) with the highest home foreclosure
rates; and
(2) have the capacity to begin using the financial
assistance within 90 days after receipt of the assistance.
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