S.Amdt. 378Senate111th Congress (2009-2011)2nd degree

S.Amdt. 378

Submitted February 5, 2009

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Senate amendment submitted

February 5, 2009

Text

Submitted

SA 378. Mr. CASEY (for himself, Mr. Specter, Mr. Leahy, Mr. Dodd, Mr.

[[Page S1712]]

Schumer, and Mr. Kerry) submitted an amendment intended to be proposed
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus)
to the bill H.R. 1, 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 fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

On page 252, line 4, after ``activities:'' insert the
following: ``Provided further, That of the funds provided
under this heading, $30,000,000 shall be made available to
the Secretary to make grants to provide a full range of legal
assistance to low- and moderate-income homeowners or tenants
related to home ownership preservation, home foreclosure
prevention, and tenancy associated with home foreclosure:
Provided further, That the Secretary shall allocate such
funds on the basis of a competitive grant process to provide
financial assistance to State and local legal organizations:
Provided further, That in allocating amounts under the prior
proviso that the Secretary give priority consideration to
State and local legal organizations that are operating in the
100 metropolitan statistical areas (as that term is defined
by the Director of the Office of Management and Budget) with
the highest home foreclosure rates: Provided further, That
any State or local legal organization that receives financial
assistance pursuant to this heading shall have the capacity
to assist homeowners of owner-occupied homes with mortgages
in default, in danger of default, or subject to or at risk of
foreclosure, or tenants at risk of or subject to eviction as
a result of foreclosure of the property in which such tenant
resides, and that such organizations shall have the capacity
to begin using any financial assistance received under this
heading within 90 days after receipt of the assistance:
Provided further, That no funds provided to a State or local
legal organization under this heading shall be used to
support class action litigation: Provided further, That legal
assistance funded with amounts provided under this heading
shall be limited to mortgage-related default, eviction, or
foreclosure proceedings, whether in a judicial or non-
judicial foreclosure:''.
On page 431, between lines 8 and 9, insert the following:

SEC. 1607. 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.--Each State and unit of
general local government that receives an allocation of
amounts pursuant to section 2302 may use up to 10 percent of
such amounts for foreclosure prevention programs, activities,
and services, as such programs, activities, and services are
defined by the Secretary.''.
(b) Retroactive Effective Date.--The amendments 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).
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