S5942 CONGRESSIONAL RECORD — SENATE June 20, 2008 Pregnant and Postpartum Women and Their SUBMITTED RESOLUTIONS limericist Philipp Goedicke): Now, therefore, Infants Program of 24 residential family- be it based treatment programs 6 months after Resolved, That the Senate— treatment revealed the following successful SENATE RESOLUTION 597—DESIG- (1) designates June 2008 as ‘‘ ‘Wait Wait outcomes for mothers and their children: NATING JUNE 2008, AS ‘‘ ‘WAIT ... Don’t Tell Me!’ Recognition Month’’; (A) 60 percent of the mothers in the pro- WAIT . . . DON’T TELL ME!’ REC- and grams remained completely clean and sober (2) celebrates the show for its contribu- OGNITION MONTH’’ tions to the Nation’s enduring creative spirit 6 months after discharge. Mr. DURBIN (for himself and Mr. and for always bringing smiles to America’s (B) 44 percent of the children in the pro- HAGEL) submitted the following resolu- Saturday mornings. grams were returned to their mothers from foster care. tion; which was referred to the Com- f mittee on the Judiciary: (C) 88 percent of the children treated in the AMENDMENTS SUBMITTED AND S. RES. 597 programs with their mothers remained sta- PROPOSED bilized and living with their mothers, 6 Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’, months after discharge. the National Public Radio news quiz show, SA 5020. Mr. ENSIGN (for himself, Mr. SUNUNU, Mr. DOMENICI, Mr. ROBERTS, Ms. (3) The Center for Substance Abuse Treat- which uses current news stories for questions COLLINS, Mr. HATCH, Mr. ENZI, and Mrs. ment (CSAT) of the Pregnant and and comedy, is celebrating the 10th anniver- sary of the show’s premiere in 1998; DOLE) submitted an amendment intended to Postpartum Women and Their Infants Pro- be proposed to amendment SA 4983 proposed gram has found that rates of premature de- Whereas the programming and content cre- ated and distributed by National Public by Mr. REID (for Mr. DODD (for himself and livery, low birth weight, and infant mor- Radio is based on 3 core values, qualities of Mr. SHELBY)) to the bill H.R. 3221, moving tality were improved for women who partici- mind, qualities of heart, and qualities of the United States toward greater energy pated in the program, the costs of treating craft (and despite those core values, National independence and security, developing inno- such women were offset by as much as 3 to 4 Public Radio still airs shows like ‘‘Wait Wait vative new technologies, reducing carbon times the savings that resulted from reduced . . . Don’t Tell Me!’’ with a straight corporate emissions, creating green jobs, protecting costs of crime, foster care, Temporary As- face); consumers, increasing clean renewable en- sistance to Needy Families (TANF) assist- Whereas, in 2008, ‘‘Wait Wait . . . Don’t Tell ergy production, and modernizing our energy ance, and adverse birth outcomes. Me!’’ was named a winner of the George Fos- infrastructure, and to amend the Internal Revenue Code of 1986 to provide tax incen- ter Peabody Award, the oldest and most SEC. 3. AUTHORITY FOR STATES TO MAKE FOS- tives for the production of renewable energy prestigious award in broadcasting (probably TER CARE MAINTENANCE PAY- and energy conservation; which was ordered due to George Foster Peabody’s lifelong com- MENTS TO RESIDENTIAL FAMILY to lie on the table. TREATMENT CENTERS. mitment to self-aggrandizing entertainers, SA 5021. Ms. STABENOW (for herself and spectacularly dumb criminals, and overly Mr. LEVIN) submitted an amendment in- (a) IN GENERAL.— earnest scientists, who comprise the inspira- tended to be proposed by her to the bill H.R. (1) IN GENERAL.—Section 472 of the Social tion for the show); 3221, supra; which was ordered to lie on the Security Act (42 U.S.C. 672) is amended— Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’ table. (A) in subsection (b)(2)— carries on the tradition of humor that is part SA 5022. Mr. SANDERS (for himself, Mr. (i) by inserting ‘‘or a residential family of our Second City by taping its show in the COLEMAN, Mr. KERRY, Ms. COLLINS, Mr. treatment center’’ after ‘‘child-care institu- Chase Auditorium in downtown Chicago, Illi- BROWN, Mr. KENNEDY, and Mr. CASEY) sub- tion’’; and nois (which may be the only place in the mitted an amendment intended to be pro- (ii) by inserting ‘‘or residential family United States where people pay for tickets posed to amendment SA 4983 proposed by Mr. treatment center’’ after ‘‘such institution’’; to watch a radio show that is broadcast for REID (for Mr. DODD (for himself and Mr. and free); SHELBY)) to the bill H.R. 3221, supra; which (B) in subsection (c)— Whereas President John F. Kennedy once was ordered to lie on the table. (i) by striking ‘‘and’’ before ‘‘(2)’’; and said, ‘‘I look forward to an America which SA 5023. Mr. KOHL submitted an amend- will steadily raise the standards of artistic ment intended to be proposed by him to the (ii) by inserting before the period at the accomplishment and which will steadily en- bill H.R. 3221, supra; which was ordered to lie end the following: ‘‘; and (3) the term ‘resi- large cultural opportunities for all of our on the table. dential family treatment center’ means a citizens.’’ (making it clear that President f State licensed program that enables parents Kennedy never could have imagined ‘‘Wait and their children to live in a safe environ- Wait . . . Don’t Tell Me!’’); TEXT OF AMENDMENTS ment for a period of not less than 6 months Whereas notable Americans such as Su- SA 5020. Mr. ENSIGN (for himself, and provides, on-site or by referral, sub- preme Court Justice Stephen Breyer, actor Mr. SUNUNU, Mr. DOMENICI, Mr. ROB- stance abuse treatment services, children’s Tom Hanks, United States Attorney Patrick ERTS, Ms. COLLINS, Mr. HATCH, Mr. early intervention services, family coun- Fitzgerald, New York Times columnist Wil- seling, legal services, medical care, mental liam Safire, and White House Press Sec- ENZI, and Mrs. DOLE) submitted an health services, nursery and preschool, par- retary Dana Perino have appeared on the amendment intended to be proposed to enting skills training, pediatric care, pre- show (and luckily, few have suffered any sig- amendment SA 4983 proposed by Mr. natal care, sexual abuse therapy, relapse pre- nificant, long-term damage to their careers); REID (for Mr. DODD (for himself and Mr. vention, transportation, and job or voca- Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’ SHELBY)) to the bill H.R. 3221, moving tional training or classes leading to a sec- host Peter Sagal and veteran newsman Carl the United States toward greater en- ondary school diploma or a certificate of Kassell have been described as ‘‘the perfect ergy independence and security, devel- general equivalence’’. team to liven up a Saturday’’ (rendering oping innovative new technologies, re- them entirely unsuitable for any gainful em- (2) EFFECTIVE DATE.—The amendments ducing carbon emissions, creating ployment); made by paragraph (1) shall take effect on green jobs, protecting consumers, in- October 1, 2008, without regard to whether Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’ finds expression through a recognition that creasing clean renewable energy pro- regulations implementing such amendments you don’t have to be a professional comedian duction, and modernizing our energy are promulgated by such date. to be humorous (a premise proven each week infrastructure, and to amend the Inter- (b) EVALUATION AND REPORT.—The Sec- by a rotating panel of humorists, journalists, nal Revenue Code of 1986 to provide tax retary of Health and Human Services shall, and others, including Roy Blount, Jr., Tom incentives for the production of renew- by grant, contract, or interagency agree- Bodett, Amy Dickinson, Adam Felber, Kyrie able energy and energy conservation; ment, evaluate the foster care maintenance O’Connor, P.J. O’Rourke, Paula Poundstone, which was ordered to lie on the table; payments made under section 472(b)(2) of the Paul Provenza, Charlie Pierce, Roxanne Rob- as follows: Social Security Act on behalf of a child who erts, and Mo Rocca); and Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’, At the end of division C, add the following: is in a residential family treatment center produced by National Public Radio and Chi- TITLE l—CLEAN ENERGY TAX STIMULUS (as amended by subsection (a)(1)(A)) and, not cago Public Radio, airs on nearly 450 Na- SEC. ll01. SHORT TITLE. later than 3 years after the date of enact- tional Public Radio member stations, and its This title may be cited as the ‘‘Clean En- ment of this Act, shall submit a report to audience has grown in every ratings period ergy Tax Stimulus Act of 2008’’. Congress on the results of such evaluation since its premiere in January 1998 (growth Subtitle A—Extension of Clean Energy that includes an analysis of the outcomes for that is directly proportional to the boundless Production Incentives the children in foster care on whose behalf egos of the show’s creator and Executive SEC. ll11. EXTENSION AND MODIFICATION OF such payments are made. Producer Doug Berman, Senior Producer Rod RENEWABLE ENERGY PRODUCTION Abid, producers Mike Danforth, Emily TAX CREDIT. Ecton, and Melody Kramer, technical direc- (a) EXTENSION OF CREDIT.—Each of the fol- tors Lorna White and Robert Neuhaus, and lowing provisions of section 45(d) (relating to

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qualified facilities) is amended by striking (e) EFFECTIVE DATES.— tion 48(m) of the Internal Revenue Code of ‘‘January 1, 2009’’ and inserting ‘‘January 1, (1) EXTENSION.—The amendments made by 1986 (as in effect on the day before the date 2010’’: subsection (a) shall apply to property origi- of the enactment of the Revenue Reconcili- (1) Paragraph (1). nally placed in service after December 31, ation Act of 1990). (2) Clauses (i) and (ii) of paragraph (2)(A). 2008. SEC. ll13. EXTENSION AND MODIFICATION OF (3) Clauses (i)(I) and (ii) of paragraph (2) MODIFICATIONS.—The amendments made RESIDENTIAL ENERGY EFFICIENT (3)(A). by subsections (b) and (c) shall apply to elec- PROPERTY CREDIT. (4) Paragraph (4). tricity produced and sold after the date of (a) EXTENSION.—Section 25D(g) (relating to (5) Paragraph (5). the enactment of this Act, in taxable years termination) is amended by striking ‘‘De- (6) Paragraph (6). ending after such date. cember 31, 2008’’ and inserting ‘‘December 31, (7) Paragraph (7). (3) TRASH FACILITY CLARIFICATION.—The 2009’’. (8) Paragraph (8). amendments made by subsection (d) shall (b) NO DOLLAR LIMITATION FOR CREDIT FOR (9) Subparagraphs (A) and (B) of paragraph apply to electricity produced and sold before, SOLAR ELECTRIC PROPERTY.— (9). on, or after December 31, 2007. (1) IN GENERAL.—Section 25D(b)(1) (relating to maximum credit) is amended by striking (b) PRODUCTION CREDIT FOR ELECTRICITY SEC. ll12. EXTENSION AND MODIFICATION OF PRODUCED FROM MARINE RENEWABLES.— SOLAR ENERGY AND FUEL CELL IN- subparagraph (A) and by redesignating sub- (1) IN GENERAL.—Paragraph (1) of section VESTMENT TAX CREDIT. paragraphs (B) and (C) as subparagraphs (A) 45(c) (relating to resources) is amended by (a) EXTENSION OF CREDIT.— and (B), respectively. striking ‘‘and’’ at the end of subparagraph (1) SOLAR ENERGY PROPERTY.—Paragraphs (2) CONFORMING AMENDMENTS.—Section (G), by striking the period at the end of sub- (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) (re- 25D(e)(4) is amended— paragraph (H) and inserting ‘‘, and’’, and by lating to energy credit) are each amended by (A) by striking clause (i) in subparagraph adding at the end the following new subpara- striking ‘‘January 1, 2009’’ and inserting (A), graph: ‘‘January 1, 2017’’. (B) by redesignating clauses (ii) and (iii) in ‘‘(I) marine and hydrokinetic renewable (2) FUEL CELL PROPERTY.—Subparagraph subparagraph (A) as clauses (i) and (ii), re- energy.’’. (E) of section 48(c)(1) (relating to qualified spectively, and (2) MARINE RENEWABLES.—Subsection (c) of fuel cell property) is amended by striking (C) by striking ‘‘, (2),’’ in subparagraph (C). section 45 is amended by adding at the end ‘‘December 31, 2008’’ and inserting ‘‘Decem- (c) CREDIT ALLOWED AGAINST ALTERNATIVE the following new paragraph: ber 31, 2016’’. MINIMUM TAX.— ‘‘(10) MARINE AND HYDROKINETIC RENEWABLE (3) QUALIFIED MICROTURBINE PROPERTY.— (1) IN GENERAL.—Subsection (c) of section ENERGY.— Subparagraph (E) of section 48(c)(2) (relating 25D is amended to read as follows: ‘‘(A) IN GENERAL.—The term ‘marine and to qualified microturbine property) is ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX; CARRYFORWARD OF UNUSED CREDIT.— hydrokinetic renewable energy’ means en- amended by striking ‘‘December 31, 2008’’ and ‘‘(1) LIMITATION BASED ON AMOUNT OF TAX.— ergy derived from— inserting ‘‘December 31, 2016’’. ‘‘(i) waves, tides, and currents in oceans, (b) ALLOWANCE OF ENERGY CREDIT AGAINST In the case of a taxable year to which section estuaries, and tidal areas, ALTERNATIVE MINIMUM TAX.—Subparagraph 26(a)(2) does not apply, the credit allowed ‘‘(ii) free flowing water in rivers, lakes, and (B) of section 38(c)(4) (relating to specified under subsection (a) for the taxable year streams, credits) is amended by striking ‘‘and’’ at the shall not exceed the excess of— ‘‘(iii) free flowing water in an irrigation end of clause (iii), by striking the period at ‘‘(A) the sum of the regular tax liability system, canal, or other man-made channel, the end of clause (iv) and inserting ‘‘, and’’, (as defined in section 26(b)) plus the tax im- including projects that utilize nonmechan- and by adding at the end the following new posed by section 55, over ical structures to accelerate the flow of clause: ‘‘(B) the sum of the credits allowable under water for electric power production purposes, ‘‘(v) the credit determined under section 46 this subpart (other than this section) and or to the extent that such credit is attributable section 27 for the taxable year. ‘‘(iv) differentials in ocean temperature to the energy credit determined under sec- ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.— (ocean thermal energy conversion). tion 48.’’. ‘‘(A) RULE FOR YEARS IN WHICH ALL PER- ‘‘(B) EXCEPTIONS.—Such term shall not in- (c) REPEAL OF DOLLAR PER KILOWATT LIMI- SONAL CREDITS ALLOWED AGAINST REGULAR clude any energy which is derived from any TATION FOR FUEL CELL PROPERTY.— AND ALTERNATIVE MINIMUM TAX.—In the case source which utilizes a dam, diversionary (1) IN GENERAL.—Section 48(c)(1) (relating of a taxable year to which section 26(a)(2) ap- structure (except as provided in subpara- to qualified fuel cell), as amended by sub- plies, if the credit allowable under sub- graph (A)(iii)), or impoundment for electric section (a)(2), is amended by striking sub- section (a) exceeds the limitation imposed by power production purposes.’’. paragraph (B) and by redesignating subpara- section 26(a)(2) for such taxable year reduced (3) DEFINITION OF FACILITY.—Subsection (d) graphs (C), (D), and (E) as subparagraphs (B), by the sum of the credits allowable under of section 45 is amended by adding at the end (C), and (D), respectively. this subpart (other than this section), such the following new paragraph: (2) CONFORMING AMENDMENT.—Section excess shall be carried to the succeeding tax- ‘‘(11) MARINE AND HYDROKINETIC RENEWABLE 48(a)(1) is amended by striking ‘‘paragraphs able year and added to the credit allowable ENERGY FACILITIES.—In the case of a facility (1)(B) and (2)(B) of subsection (c)’’ and insert- under subsection (a) for such succeeding tax- producing electricity from marine and ing ‘‘subsection (c)(2)(B)’’. able year. hydrokinetic renewable energy, the term (d) PUBLIC ELECTRIC UTILITY PROPERTY ‘‘(B) RULE FOR OTHER YEARS.—In the case ‘qualified facility’ means any facility owned TAKEN INTO ACCOUNT.— of a taxable year to which section 26(a)(2) by the taxpayer— (1) IN GENERAL.—Paragraph (3) of section does not apply, if the credit allowable under ‘‘(A) which has a nameplate capacity rat- 48(a) is amended by striking the second sen- subsection (a) exceeds the limitation im- ing of at least 150 kilowatts, and tence thereof. posed by paragraph (1) for such taxable year, ‘‘(B) which is originally placed in service (2) CONFORMING AMENDMENTS.— such excess shall be carried to the suc- on or after the date of the enactment of this (A) Paragraph (1) of section 48(c), as ceeding taxable year and added to the credit paragraph and before January 1, 2010.’’. amended by this section, is amended by allowable under subsection (a) for such suc- (4) CREDIT RATE.—Subparagraph (A) of sec- striking subparagraph (C) and redesignating ceeding taxable year.’’. tion 45(b)(4) is amended by striking ‘‘or (9)’’ subparagraph (D) as subparagraph (C). (2) CONFORMING AMENDMENTS.— and inserting ‘‘(9), or (11)’’. (B) Paragraph (2) of section 48(c), as (A) Section 23(b)(4)(B) is amended by in- (5) COORDINATION WITH SMALL IRRIGATION amended by subsection (a)(3), is amended by serting ‘‘and section 25D’’ after ‘‘this sec- POWER.—Paragraph (5) of section 45(d), as striking subparagraph (D) and redesignating tion’’. amended by subsection (a), is amended by subparagraph (E) as subparagraph (D). (B) Section 24(b)(3)(B) is amended by strik- striking ‘‘January 1, 2010’’ and inserting ‘‘the (e) EFFECTIVE DATES.— ing ‘‘and 25B’’ and inserting ‘‘, 25B, and 25D’’. date of the enactment of paragraph (11)’’. (1) EXTENSION.—The amendments made by (C) Section 25B(g)(2) is amended by strik- (c) SALES OF ELECTRICITY TO REGULATED subsection (a) shall take effect on the date of ing ‘‘section 23’’ and inserting ‘‘sections 23 PUBLIC UTILITIES TREATED AS SALES TO UN- the enactment of this Act. and 25D’’. RELATED PERSONS.—Section 45(e)(4) (relating (2) ALLOWANCE AGAINST ALTERNATIVE MIN- (D) Section 26(a)(1) is amended by striking to related persons) is amended by adding at IMUM TAX.—The amendments made by sub- ‘‘and 25B’’ and inserting ‘‘25B, and 25D’’. the end the following new sentence: ‘‘A tax- section (b) shall apply to credits determined (d) EFFECTIVE DATE.— payer shall be treated as selling electricity under section 46 of the Internal Revenue (1) IN GENERAL.—The amendments made by to an unrelated person if such electricity is Code of 1986 in taxable years beginning after this section shall apply to taxable years be- sold to a regulated public utility (as defined the date of the enactment of this Act and to ginning after December 31, 2007. in section 7701(a)(33).’’. carrybacks of such credits. (2) APPLICATION OF EGTRRA SUNSET.—The (d) TRASH FACILITY CLARIFICATION.—Para- (3) FUEL CELL PROPERTY AND PUBLIC ELEC- amendments made by subparagraphs (A) and graph (7) of section 45(d) is amended— TRIC UTILITY PROPERTY.—The amendments (B) of subsection (c)(2) shall be subject to (1) by striking ‘‘facility which burns’’ and made by subsections (c) and (d) shall apply title IX of the Economic Growth and Tax Re- inserting ‘‘facility (other than a facility de- to periods after the date of the enactment of lief Reconciliation Act of 2001 in the same scribed in paragraph (6)) which uses’’, and this Act, in taxable years ending after such manner as the provisions of such Act to (2) by striking ‘‘COMBUSTION’’. date, under rules similar to the rules of sec- which such amendments relate.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5944 CONGRESSIONAL RECORD — SENATE June 20, 2008 SEC. ll14. EXTENSION AND MODIFICATION OF (B) by striking the period at the end of ‘‘(B)(i) acquired by a person from such eli- CREDIT FOR CLEAN RENEWABLE EN- subparagraph (E) and inserting ‘‘, and’’, and gible contractor and used by any person as a ERGY BONDS. (C) by adding at the end the following new residence during the taxable year, or (a) EXTENSION.—Section 54(m) (relating to subparagraph: ‘‘(ii) used by such eligible contractor as a termination) is amended by striking ‘‘De- ‘‘(F) a stove which uses the burning of bio- residence during the taxable year.’’. cember 31, 2008’’ and inserting ‘‘December 31, mass fuel to heat a dwelling unit located in (c) EFFECTIVE DATE.—The amendments 2009’’. the United States and used as a residence by made by this section shall apply to homes (b) INCREASE IN NATIONAL LIMITATION.— the taxpayer, or to heat water for use in such acquired after December 31, 2008. Section 54(f) (relating to limitation on a dwelling unit, and which has a thermal ef- SEC. ll23. EXTENSION AND MODIFICATION OF amount of bonds designated) is amended— ficiency rating of at least 75 percent.’’. ENERGY EFFICIENT COMMERCIAL (1) by inserting ‘‘, and for the period begin- (2) BIOMASS FUEL.—Section 25C(d) (relating BUILDINGS DEDUCTION. ning after the date of the enactment of the to residential energy property expenditures) (a) EXTENSION.—Section 179D(h) (relating Clean Energy Tax Stimulus Act of 2008 and is amended by adding at the end the fol- to termination) is amended by striking ‘‘De- ending before January 1, 2010, $400,000,000’’ lowing new paragraph: cember 31, 2008’’ and inserting ‘‘December 31, after ‘‘$1,200,000,000’’ in paragraph (1), ‘‘(6) BIOMASS FUEL.—The term ‘biomass 2009’’. (2) by striking ‘‘$750,000,000 of the’’ in para- fuel’ means any plant-derived fuel available (b) ADJUSTMENT OF MAXIMUM DEDUCTION graph (2) and inserting ‘‘$750,000,000 of the on a renewable or recurring basis, including AMOUNT.— $1,200,000,000’’, and agricultural crops and trees, wood and wood (1) IN GENERAL.—Subparagraph (A) of sec- (3) by striking ‘‘bodies’’ in paragraph (2) waste and residues (including wood pellets), tion 179D(b)(1) (relating to maximum and inserting ‘‘bodies, and except that the plants (including aquatic plants), grasses, amount of deduction) is amended by striking 1 Secretary may not allocate more than ⁄3 of residues, and fibers.’’. ‘‘$1.80’’ and inserting ‘‘$2.25’’. the $400,000,000 national clean renewable en- (2) PARTIAL ALLOWANCE.—Paragraph (1) of ergy bond limitation to finance qualified (c) MODIFICATIONS OF STANDARDS FOR EN- section 179D(d) is amended— projects of qualified borrowers which are ERGY-EFFICIENT BUILDING PROPERTY.— (A) by striking ‘‘$.60’’ and inserting (1) ELECTRIC HEAT PUMPS.—Subparagraph public power providers nor more than 1⁄3 of ‘‘$0.75’’, and such limitation to finance qualified projects (B) of section 25C(d)(3) is amended to read as (B) by striking ‘‘$1.80’’ and inserting of qualified borrowers which are mutual or follows: ‘‘$2.25’’. cooperative electric companies described in ‘‘(A) an electric heat pump which achieves (c) EFFECTIVE DATE.—The amendments section 501(c)(12) or section 1381(a)(2)(C)’’. the highest efficiency tier established by the made by this section shall apply to property (c) PUBLIC POWER PROVIDERS DEFINED.— Consortium for Energy Efficiency, as in ef- placed in service after the date of the enact- Section 54(j) is amended— fect on January 1, 2008.’’. ment of this Act. (2) CENTRAL AIR CONDITIONERS.—Section (1) by adding at the end the following new SEC. ll24. MODIFICATION AND EXTENSION OF paragraph: 25C(d)(3)(D) is amended by striking ‘‘2006’’ ENERGY EFFICIENT APPLIANCE ‘‘(6) PUBLIC POWER PROVIDER.—The term and inserting ‘‘2008’’. CREDIT FOR APPLIANCES PRO- ‘public power provider’ means a State utility (3) WATER HEATERS.—Subparagraph (E) of DUCED AFTER 2007. with a service obligation, as such terms are section 25C(d) is amended to read as follows: (a) IN GENERAL.—Subsection (b) of section defined in section 217 of the Federal Power ‘‘(E) a natural gas, propane, or oil water 45M (relating to applicable amount) is Act (as in effect on the date of the enact- heater which has either an energy factor of amended to read as follows: ment of this paragraph).’’, and at least 0.80 or a thermal efficiency of at ‘‘(b) APPLICABLE AMOUNT.—For purposes of (2) by inserting ‘‘; PUBLIC POWER PRO- least 90 percent.’’. subsection (a)— VIDER’’ before the period at the end of the (4) OIL FURNACES AND HOT WATER BOILERS.— ‘‘(1) DISHWASHERS.—The applicable amount heading. Paragraph (4) of section 25C(d) is amended to is— (d) TECHNICAL AMENDMENT.—The third sen- read as follows: ‘‘(A) $45 in the case of a dishwasher which tence of section 54(e)(2) is amended by strik- ‘‘(4) QUALIFIED NATURAL GAS, PROPANE, AND is manufactured in calendar year 2008 or 2009 ing ‘‘subsection (l)(6)’’ and inserting ‘‘sub- OIL FURNACES AND HOT WATER BOILERS.— and which uses no more than 324 kilowatt section (l)(5)’’. ‘‘(A) QUALIFIED NATURAL GAS FURNACE.— hours per year and 5.8 gallons per cycle, and (e) EFFECTIVE DATE.—The amendments The term ‘qualified natural gas furnace’ ‘‘(B) $75 in the case of a dishwasher which made by this section shall apply to bonds means any natural gas furnace which is manufactured in calendar year 2008, 2009, issued after the date of the enactment of this achieves an annual fuel utilization efficiency or 2010 and which uses no more than 307 kilo- Act. rate of not less than 95. watt hours per year and 5.0 gallons per cycle SEC. ll15. EXTENSION OF SPECIAL RULE TO IM- ‘‘(B) QUALIFIED NATURAL GAS HOT WATER (5.5 gallons per cycle for dishwashers de- PLEMENT FERC RESTRUCTURING BOILER.—The term ‘qualified natural gas hot signed for greater than 12 place settings). POLICY. water boiler’ means any natural gas hot ‘‘(2) CLOTHES WASHERS.—The applicable (a) QUALIFYING ELECTRIC TRANSMISSION water boiler which achieves an annual fuel amount is— TRANSACTION.— utilization efficiency rate of not less than 90. ‘‘(A) $75 in the case of a residential top- (1) IN GENERAL.—Section 451(i)(3) (defining ‘‘(C) QUALIFIED PROPANE FURNACE.—The loading clothes washer manufactured in cal- qualifying electric transmission transaction) term ‘qualified propane furnace’ means any endar year 2008 which meets or exceeds a 1.72 is amended by striking ‘‘January 1, 2008’’ and propane furnace which achieves an annual modified energy factor and does not exceed a inserting ‘‘January 1, 2010’’. fuel utilization efficiency rate of not less 8.0 water consumption factor, (2) EFFECTIVE DATE.—The amendment than 95. ‘‘(B) $125 in the case of a residential top- made by this subsection shall apply to trans- ‘‘(D) QUALIFIED PROPANE HOT WATER BOIL- loading clothes washer manufactured in cal- actions after December 31, 2007. ER.—The term ‘qualified propane hot water endar year 2008 or 2009 which meets or ex- (b) INDEPENDENT TRANSMISSION COMPANY.— boiler’ means any propane hot water boiler ceeds a 1.8 modified energy factor and does (1) IN GENERAL.—Section 451(i)(4)(B)(ii) (de- which achieves an annual fuel utilization ef- not exceed a 7.5 water consumption factor, fining independent transmission company) is ficiency rate of not less than 90. ‘‘(C) $150 in the case of a residential or amended by striking ‘‘December 31, 2007’’ and ‘‘(E) QUALIFIED OIL FURNACES.—The term commercial clothes washer manufactured in inserting ‘‘the date which is 2 years after the ‘qualified oil furnace’ means any oil furnace calendar year 2008, 2009, or 2010 which meets date of such transaction’’. which achieves an annual fuel utilization ef- or exceeds 2.0 modified energy factor and (2) EFFECTIVE DATE.—The amendment ficiency rate of not less than 90. does not exceed a 6.0 water consumption fac- made by this subsection shall take effect as ‘‘(F) QUALIFIED OIL HOT WATER BOILER.— tor, and if included in the amendments made by sec- The term ‘qualified oil hot water boiler’ ‘‘(D) $250 in the case of a residential or tion 909 of the American Jobs Creation Act means any oil hot water boiler which commercial clothes washer manufactured in of 2004. achieves an annual fuel utilization efficiency calendar year 2008, 2009, or 2010 which meets Subtitle B—Extension of Incentives to rate of not less than 90.’’. or exceeds 2.2 modified energy factor and Improve Energy Efficiency (d) EFFECTIVE DATE.—The amendments does not exceed a 4.5 water consumption fac- tor. SEC. ll21. EXTENSION AND MODIFICATION OF made this section shall apply to expenditures CREDIT FOR ENERGY EFFICIENCY made after December 31, 2007. ‘‘(3) REFRIGERATORS.—The applicable IMPROVEMENTS TO EXISTING amount is— SEC. ll22. EXTENSION AND MODIFICATION OF HOMES. ‘‘(A) $50 in the case of a refrigerator which TAX CREDIT FOR ENERGY EFFI- is manufactured in calendar year 2008, and (a) EXTENSION OF CREDIT.—Section 25C(g) CIENT NEW HOMES. (relating to termination) is amended by consumes at least 20 percent but not more striking ‘‘December 31, 2007’’ and inserting (a) EXTENSION OF CREDIT.—Subsection (g) than 22.9 percent less kilowatt hours per ‘‘December 31, 2009’’. of section 45L (relating to termination) is year than the 2001 energy conservation (b) QUALIFIED BIOMASS FUEL PROPERTY.— amended by striking ‘‘December 31, 2008’’ and standards, (1) IN GENERAL.—Section 25C(d)(3) is inserting ‘‘December 31, 2010’’. ‘‘(B) $75 in the case of a refrigerator which amended— (b) ALLOWANCE FOR CONTRACTOR’S PER- is manufactured in calendar year 2008 or 2009, (A) by striking ‘‘and’’ at the end of sub- SONAL RESIDENCE.—Subparagraph (B) of sec- and consumes at least 23 percent but no paragraph (D), tion 45L(a)(1) is amended to read as follows: more than 24.9 percent less kilowatt hours

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5945 per year than the 2001 energy conservation (6), (7), and (8), respectively, and by inserting security, developing innovative new standards, after paragraph (3) the following new para- technologies; reducing carbon emis- ‘‘(C) $100 in the case of a refrigerator which graph: sions, creating green jobs, protecting is manufactured in calendar year 2008, 2009, ‘‘(4) TOP-LOADING CLOTHES WASHER.—The consumers, increasing clean renewable or 2010, and consumes at least 25 percent but term ‘top-loading clothes washer’ means a not more than 29.9 percent less kilowatt clothes washer which has the clothes con- energy production, and modernizing hours per year than the 2001 energy con- tainer compartment access located on the our energy infrastructure, and to servation standards, and top of the machine and which operates on a amend the Internal Revenue Code of ‘‘(D) $200 in the case of a refrigerator man- vertical axis.’’. 1986 to provide tax incentives for the ufactured in calendar year 2008, 2009, or 2010 (4) REPLACEMENT OF ENERGY FACTOR.—Sec- production of renewable energy and en- and which consumes at least 30 percent less tion 45M(f)(6), as redesignated by paragraph ergy conservation; which was ordered energy than the 2001 energy conservation (3), is amended to read as follows: to lie on the table; as follows: standards.’’. ‘‘(6) MODIFIED ENERGY FACTOR.—The term (b) ELIGIBLE PRODUCTION.— ‘modified energy factor’ means the modified At the end of title VI of division A, add the (1) SIMILAR TREATMENT FOR ALL APPLI- energy factor established by the Department following: ANCES.—Subsection (c) of section 45M (relat- of Energy for compliance with the Federal SEC. 1606. LOW-INCOME HOME ENERGY ASSIST- ing to eligible production) is amended— energy conservation standard.’’. ANCE APPROPRIATIONS. N ENERAL (A) by striking paragraph (2), (5) GALLONS PER CYCLE; WATER CONSUMP- (a) I G .—In addition to any (B) by striking ‘‘(1) IN GENERAL’’ and all TION FACTOR.—Section 45M(f) (relating to amounts appropriated under any other provi- that follows through ‘‘the eligible’’ and in- definitions), as amended by paragraph (3), is sion of Federal law, there is appropriated, serting ‘‘The eligible’’, and amended by adding at the end the following: out of any money in the Treasury not other- (C) by moving the text of such subsection ‘‘(9) GALLONS PER CYCLE.—The term ‘gal- wise appropriated, for fiscal year 2008— in line with the subsection heading and re- lons per cycle’ means, with respect to a dish- (1) $1,265,000,000 (to remain available until designating subparagraphs (A) and (B) as washer, the amount of water, expressed in expended) for making payments under sub- paragraphs (1) and (2), respectively. gallons, required to complete a normal cycle sections (a) through (d) of section 2604 of the (2) MODIFICATION OF BASE PERIOD.—Para- of a dishwasher. Low-Income Home Energy Assistance Act of graph (2) of section 45M(c), as amended by ‘‘(10) WATER CONSUMPTION FACTOR.—The 1981 (42 U.S.C. 8623); and paragraph (1) of this section, is amended by term ‘water consumption factor’ means, with (2) $1,265,000,000 (to remain available until striking ‘‘3-calendar year’’ and inserting ‘‘2- respect to a clothes washer, the quotient of expended) for making payments under sec- calendar year’’. the total weighted per-cycle water consump- tion 2604(e) of the Low-Income Home Energy (c) TYPES OF ENERGY EFFICIENT APPLI- tion divided by the cubic foot (or liter) ca- Assistance Act of 1981 (42 U.S.C. 8623(e)), not- ANCES.—Subsection (d) of section 45M (defin- pacity of the clothes washer.’’. withstanding the designation requirement of ing types of energy efficient appliances) is (f) EFFECTIVE DATE.—The amendments section 2602(e) of such Act (42 U.S.C. 8621(e)). amended to read as follows: made by this section shall apply to appli- (b) EMERGENCY REQUIREMENT.—The ‘‘(d) TYPES OF ENERGY EFFICIENT APPLI- ances produced after December 31, 2007. amount provided under this section is des- ANCE.—For purposes of this section, the ignated as an emergency requirement, pursu- types of energy efficient appliances are— SA 5021. Ms. STABENOW (for herself ant to section 204 of S. Con. Res. 21 (110th ‘‘(1) dishwashers described in subsection and Mr. LEVIN) submitted an amend- Congress). (b)(1), ment intended to be proposed by her to ‘‘(2) clothes washers described in sub- the bill H.R. 3221, moving the United SA 5023. Mr. KOHL submitted an section (b)(2), and amendment intended to be proposed by ‘‘(3) refrigerators described in subsection States toward greater energy independ- ence and security, developing innova- him to the bill H.R. 3221, moving the (b)(3).’’. United States toward greater energy (d) AGGREGATE CREDIT AMOUNT ALLOWED.— tive new technologies; reducing carbon (1) INCREASE IN LIMIT.—Paragraph (1) of emissions, creating green jobs, pro- independence and security, developing section 45M(e) (relating to aggregate credit tecting consumers, increasing clean re- innovative new technologies, reducing amount allowed) is amended to read as fol- newable energy production, and mod- carbon emissions, creating green jobs, lows: ernizing our energy infrastructure, and protecting consumers, increasing clean ‘‘(1) AGGREGATE CREDIT AMOUNT ALLOWED.— renewable energy production, and mod- The aggregate amount of credit allowed to amend the Internal Revenue Code of 1986 to provide tax incentives for the ernizing our energy infrastructure, and under subsection (a) with respect to a tax- to amend the Internal Revenue Code of payer for any taxable year shall not exceed production of renewable energy and en- $75,000,000 reduced by the amount of the ergy conservation; which was ordered 1986 to provide tax incentives for the credit allowed under subsection (a) to the to lie on the table; as follows: production of renewable energy and en- taxpayer (or any predecessor) for all prior On page 455, between lines 14 and 15, insert ergy conservation; which was ordered taxable years beginning after December 31, the following: to lie on the table; as follows: 2007.’’. SEC. 1606. CLARIFICATION OF DISPOSITION OF At the end of division B, add the following: (2) EXCEPTION FOR CERTAIN REFRIGERATOR CERTAIN PROPERTIES. TITLE VII—FORECLOSURE RESCUE AND CLOTHES WASHERS.—Paragraph (2) of sec- Notwithstanding any other provision of FRAUD PROTECTION tion 45M(e) is amended to read as follows: law, subtitle A of title II of the Deficit Re- SEC. 2701. SHORT TITLE. ‘‘(2) AMOUNT ALLOWED FOR CERTAIN REFRIG- duction Act of 2005 (12 U.S.C. 1701z–11 note) ERATORS AND CLOTHES WASHERS.—Refrig- and the amendments made by such title This title may be cited as the ‘‘Foreclosure erators described in subsection (b)(3)(D) and shall not apply to any transaction regarding Rescue Fraud Act of 2008’’. clothes washers described in subsection a multifamily real property for which— SEC. 2702. DEFINITIONS. (b)(2)(D) shall not be taken into account (1) the Secretary of Housing and Urban De- In this title: under paragraph (1).’’. velopment has received, before the date of (1) COMMISSION.—The term ‘‘Commission’’ (e) QUALIFIED ENERGY EFFICIENT APPLI- the enactment of such Act, written expres- means the Federal Trade Commission. ANCES.— sions of interest in purchasing the property (2) FORECLOSURE CONSULTANT.—The term (1) IN GENERAL.—Paragraph (1) of section from both a city government and the hous- ‘‘foreclosure consultant’’— 45M(f) (defining qualified energy efficient ap- ing commission of such city; (A) means a person who makes any solici- pliance) is amended to read as follows: (2) after such receipt, the Secretary ac- tation, representation, or offer to a home- ‘‘(1) QUALIFIED ENERGY EFFICIENT APPLI- quires title to the property at a foreclosure owner facing foreclosure on residential real ANCE.—The term ‘qualified energy efficient sale; and property to perform, for gain, or who per- appliance’ means— (3) such city government and housing com- forms, for gain, any service that such person ‘‘(A) any dishwasher described in sub- mission have resolved a previous disagree- represents will prevent, postpone, or reverse section (b)(1), ment with respect to the disposition of the the effect of such foreclosure; and ‘‘(B) any clothes washer described in sub- property. (B) does not include— section (b)(2), and (i) an attorney licensed to practice law in ‘‘(C) any refrigerator described in sub- SA 5022. Mr. SANDERS (for himself the State in which the property is located section (b)(3).’’. and Mr. COLEMAN, Mr. KERRY, Ms. COL- who has established an attorney-client rela- (2) CLOTHES WASHER.—Section 45M(f)(3) (de- LINS, Mr. BROWN, Mr. KENNEDY, and Mr. tionship with the homeowner; fining clothes washer) is amended by insert- CASEY) submitted an amendment in- (ii) a person licensed as a real estate ing ‘‘commercial’’ before ‘‘residential’’ the tended to be proposed to amendment broker or salesperson in the State where the second place it appears. property is located, and such person engages EID ODD (3) TOP-LOADING CLOTHES WASHER.—Sub- SA 4983 by Mr. R (for Mr. D (for in acts permitted under the licensure laws of section (f) of section 45M (relating to defini- himself and Mr. SHELBY)) to the bill such State; tions) is amended by redesignating para- H.R. 3221, moving the United States to- (iii) a housing counseling agency approved graphs (4), (5), (6), and (7) as paragraphs (5), ward greater energy independence and by the Secretary;

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(iv) a depository institution (as defined in (2) TERMS AND CONDITIONS OF CONTRACT.— (b) NOTICE REQUIREMENTS.—Each notice section 3 of the Federal Deposit Insurance The requirements described in this para- provided under subsection (a) shall— Act (12 U.S.C. 1813)); graph, with respect to a contract, are as fol- (1) be in writing; (v) a Federal credit union or a State credit lows: (2) be included with a mailing of account union (as defined in section 101 of the Fed- (A) The contract includes, in writing— information; eral Credit Union Act (12 U.S.C. 1752)); or (i) a full and detailed description of the (3) have the heading ‘‘Notice Required by (vi) an insurance company organized under exact nature of the contract and the total Federal Law’’ in a 14-point boldface type in the laws of any State. amount and terms of compensation; English and Spanish at the top of such no- (3) HOMEOWNER.—The term ‘‘homeowner’’, (ii) the name, physical address, phone num- tice; and with respect to residential real property for ber, email address, and facsimile number, if (4) contain the following statement in which an action to foreclose on the mortgage any, of the foreclosure consultant to whom a English and Spanish: ‘‘Mortgage foreclosure or deed of trust on such real property is notice of cancellation can be mailed or sent is a complex process. Some people may ap- filed, means the person holding record title under subsection (d); and proach you about saving your home. You to such property as of the date on which such (iii) a conspicuous statement in at least 12 should be careful about any such promises. action is filed. point bold face type in immediate proximity There are government and nonprofit agen- (4) LOAN SERVICER.—The term ‘‘loan to the space reserved for the homeowner’s cies you may contact for helpful information servicer’’ has the same meaning as the term signature on the contract that reads as fol- about the foreclosure process. Contact your ‘‘servicer’’ in section 6(i)(2) of the Real Es- lows: ‘‘You may cancel this contract without lender immediately at [llll], call the De- tate Settlement Procedures Act of 1974 (12 penalty or obligation at any time before partment of Housing and Urban Development U.S.C. 2605(i)(2)). midnight of the 3rd business day after the Housing Counseling Line at (800) 569–4287 to (5) RESIDENTIAL MORTGAGE LOAN.—The date on which you sign the contract. See the find a housing counseling agency certified by term ‘‘residential mortgage loan’’ means any attached notice of cancellation form for an the Department to assist you in avoiding loan primarily for personal, family, or house- explanation of this right.’’. foreclosure, or visit the Department’s Tips hold use that is secured by a mortgage, deed (B) The contract is written in the principal for Avoiding Foreclosure website at http:// of trust, or other equivalent consensual secu- language used to solicit or market the serv- www.hud.gov/foreclosure for additional as- rity interest on a dwelling (as defined in sec- ices to the homeowner. sistance.’’ (the blank space to be filled in by tion 103(v) of the Truth in Lending Act (15 (C) The contract is accompanied by the the loan servicer and successor telephone U.S.C. 1602)(v)) or residential real estate form required by subsection (c)(2). numbers and Uniform Resource Locators upon which is constructed or intended to be (c) RIGHT TO CANCEL CONTRACT.— (URLs) for the Department of Housing and constructed a dwelling (as so defined). (1) IN GENERAL.—With respect to a contract Urban Development Housing Counseling Line (6) RESIDENTIAL REAL PROPERTY.—The term between a homeowner and a foreclosure con- and Tips for Avoiding Foreclosure website, ‘‘residential real property’’ has the meaning sultant regarding the foreclosure on the resi- respectively). given the term ‘‘dwelling’’ in section 103 of dential real property of such homeowner, SEC. 2705. CIVIL LIABILITY. the Consumer Credit Protection Act (15 such homeowner may cancel such contract (a) IN GENERAL.—Any foreclosure consult- U.S.C. 1602). without penalty or obligation by mailing a ant who fails to comply with any provision (7) SECRETARY.—The term ‘‘Secretary’’ notice of cancellation not later than mid- of section 2703 or 2704 with respect to any means the Secretary of Housing and Urban night of the 3rd business day after the date other person shall be liable to such person in Development. on which such contract is executed or would an amount equal to the greater of— SEC. 2703. MORTGAGE RESCUE FRAUD PROTEC- become enforceable against the parties to (1) the amount of any actual damage sus- TION. such contract. tained by such person as a result of such fail- (a) LIMITS ON FORECLOSURE CONSULTANTS.— (2) CANCELLATION FORM AND OTHER INFOR- ure; or A foreclosure consultant may not— MATION.—Each contract described in para- (2) any amount paid by the person to the (1) claim, demand, charge, collect, or re- graph (1) shall be accompanied by a form, in foreclosure consultant. ceive any compensation from a homeowner duplicate, that— (b) CLASS ACTIONS PROHIBITED.—No Federal for services performed by such foreclosure (A) has the heading ‘‘Notice of Cancella- court may certify a civil action under sub- consultant with respect to residential real tion’’ in boldface type; and section (a) as a class action under rule 23 of property until such foreclosure consultant (B) contains in boldface type the following the Federal Rules of Civil Procedure. has fully performed each service that such statement: SEC. 2706. ADMINISTRATIVE ENFORCEMENT. foreclosure consultant contracted to perform ‘‘You may cancel this contract, without (a) ENFORCEMENT BY FEDERAL TRADE COM- or represented would be performed with re- any penalty or obligation, at any time before MISSION.— spect to such residential real property; midnight of the 3rd day after the date on (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— (2) hold any power of attorney from any which the contract is signed by you. A violation of a prohibition described in sec- homeowner, except to inspect documents, as ‘‘To cancel this contract, mail or deliver a tion 2703 or a failure to comply with any pro- provided by applicable law; signed and dated copy of this cancellation vision of section 2703 or 2704 shall be treated (3) receive any consideration from a third notice or any other equivalent written no- as a violation of a rule defining an unfair or party in connection with services rendered tice to [insert name of foreclosure consult- deceptive act or practice described under to a homeowner by such third party with re- ant] at [insert address of foreclosure consult- section 18(a)(1)(B) of the Federal Trade Com- spect to the foreclosure of residential real ant] before midnight on [insert date]. mission Act (15 U.S.C. 57a(a)(1)(B)). property, unless such consideration is fully ‘‘I hereby cancel this transaction on [in- (2) ACTIONS BY THE FEDERAL TRADE COMMIS- disclosed, in a clear and conspicuous manner, sert date] [insert homeowner signature].’’. SION.—The Federal Trade Commission shall to such homeowner in writing before such (d) WAIVER OF RIGHTS AND PROTECTIONS enforce the provisions of sections 2703 and services are rendered; PROHIBITED.— 2704 in the same manner, by the same means, (4) accept any wage assignment, any lien of (1) IN GENERAL.—A waiver by a homeowner and with the same jurisdiction, powers, and any type on real or personal property, or of any protection provided by this section or duties as though all applicable terms and other security to secure the payment of com- any right of a homeowner under this sec- provisions of the Federal Trade Commission pensation with respect to services provided tion— Act (15 U.S.C. 41 et seq.) were incorporated by such foreclosure consultant in connection (A) shall be treated as void; and into and made part of this title. with the foreclosure of residential real prop- (B) may not be enforced by any Federal or (b) STATE ACTION FOR VIOLATIONS.— erty; or State court or by any person. (1) AUTHORITY OF STATES.—In addition to (5) acquire any interest, directly or indi- (2) ATTEMPT TO OBTAIN A WAIVER.—Any at- such other remedies as are provided under rectly, in the residence of a homeowner with tempt by any person to obtain a waiver from State law, whenever the chief law enforce- whom the foreclosure consultant has con- any homeowner of any protection provided ment officer of a State, or an official or tracted. by this section or any right of the home- agency designated by a State, has reason to (b) CONTRACT REQUIREMENTS.— owner under this section shall be treated as believe that any person has violated or is (1) WRITTEN CONTRACT REQUIRED.—Notwith- a violation of this section. violating the provisions of section 2703 or standing any other provision of law, a fore- (3) CONTRACTS NOT IN COMPLIANCE.—Any 2704, the State— closure consultant may not provide to a contract that does not comply with the ap- (A) may bring an action to enjoin such vio- homeowner a service related to the fore- plicable provisions of this title shall be void lation; closure of residential real property— and may not be enforceable by any party. (B) may bring an action on behalf of its (A) unless— SEC. 2704. WARNINGS TO HOMEOWNERS OF residents to recover damages for which the (i) a written contract for the purchase of FORECLOSURE RESCUE SCAMS. person is liable to such residents under sec- such service has been signed and dated by (a) IN GENERAL.—If a loan servicer finds tion 2705 as a result of the violation; and the homeowner; and that a homeowner has failed to make 2 con- (C) in the case of any successful action (ii) such contract complies with the re- secutive payments on a residential mortgage under subparagraph (A) or (B), shall be quirements described in paragraph (2); and loan and such loan is at risk of being fore- awarded the costs of the action. (B) before the end of the 3-business-day pe- closed upon, the loan servicer shall notify (2) RIGHTS OF FEDERAL TRADE COMMISSION.— riod beginning on the date on which the con- such homeowner of the dangers of fraudulent (A) NOTICE TO COMMISSION.—The State shall tract is signed. activities associated with foreclosure. serve prior written notice of any civil action

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5947 under paragraph (1) upon the Commission mittee on Homeland Security and Gov- ORDER FOR MEASURE TO BE and provide the Commission with a copy of ernmental Affairs be authorized to PLACED ON THE CALENDAR— its complaint, except in any case in which meet during the session of the Senate H.R. 6304 such prior notice is not feasible, in which case the State shall serve such notice imme- on Friday, June 20, 2008, at 10 a.m. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- diately upon instituting such action. imous consent that when H.R. 6304 is (B) INTERVENTION.—The Commission shall objection, it is so ordered. received from the House, it be placed have the right— f (i) to intervene in any action referred to in on the calendar. subparagraph (A); MANAGING AND PRESERVING The PRESIDING OFFICER. Without (ii) upon so intervening, to be heard on all CONGRESSIONAL PAPERS objection, it is so ordered. matters arising in the action; and (iii) to file petitions for appeal in such ac- Mr. REID. Mr. President, I ask unan- tions. imous consent that the Senate proceed f (3) INVESTIGATORY POWERS.—For purposes to the consideration of Calendar No. of bringing any action under this subsection, 705, H. Con. Res. 307. APPOINTMENTS nothing in this subsection shall prevent the The PRESIDING OFFICER. The chief law enforcement officer, or an official clerk will report the concurrent resolu- The PRESIDING OFFICER. The or agency designated by a State, from exer- tion by title. Chair, on behalf of the Vice President, cising the powers conferred on the chief law pursuant to Public Law 110–181, and in enforcement officer or such official by the The legislative clerk read as follows: laws of such State to conduct investigations A concurrent resolution (H. Con. Res. 307) consultation with the chairmen of the or to administer oaths or affirmations, or to expressing the sense of Congress that Mem- Committee on Armed Services, the compel the attendance of witnesses or the bers’ Congressional papers should be prop- Committee on Homeland Security and production of documentary and other evi- erly maintained and encouraging Members Governmental Affairs, and the Com- dence. to take all necessary measures to manage mittee on Foreign Relations, appoints (4) LIMITATION.—Whenever the Federal and preserve these papers. the following individuals to be mem- Trade Commission has instituted a civil ac- There being no objection, the Senate bers of the Commission on Wartime tion for a violation of section 2703 or 2704, no proceeded to consider the concurrent State may, during the pendency of such ac- Contracting in Iraq and Afghanistan: tion, bring an action under this section resolution. Linda J. Gustitus of the District of Co- against any defendant named in the com- Mr. REID. Mr. President, I ask unan- lumbia and Charles Tiefer of Maryland. plaint of the Commission for any violation of imous consent that the concurrent res- section 2703 or 2704 that is alleged in that olution be agreed to, the preamble be f complaint. agreed to, and the motions to recon- SEC. 2707. LIMITATION. sider be laid upon the table, with no in- ORDERS FOR MONDAY, JUNE 23, No violation of a prohibition described in tervening action or debate, and that 2008 section 2703 or a failure to comply with any any statements related to this measure provision of section 2703 or 2704 shall provide grounds for the halt, delay, or modification be printed in the RECORD. Mr. REID. Mr. President, I ask unan- of a foreclosure process or proceeding. The PRESIDING OFFICER. Without imous consent that when the Senate SEC. 2708. PREEMPTION. objection, it is so ordered. completes its business today, it stand Nothing in this title affects any provision The concurrent resolution (H. Con. adjourned until 3 p.m. this coming of State or local law respecting any fore- Res. 307) was agreed to. Monday, June 23; that following the closure consultant, residential mortgage The preamble was agreed to. prayer and the pledge, the Journal of loan, or residential real property that pro- vides equal or greater protection to home- f proceedings be approved to date, the morning hour be deemed expired, the owners than what is provided under this AUTHORIZING THE USE OF THE title. time for the two leaders be reserved for CAPITOL GROUNDS Amend the table of contents accordingly. their use later in the day, and the Sen- f Mr. REID. Mr. President, I ask unan- ate resume consideration of the House imous consent that the Rules Com- message with respect to H.R. 3221, the NOTICE OF HEARING mittee be discharged from further con- housing legislation. I ask further that COMMITTEE ON ENERGY AND NATURAL sideration of H. Con. Res. 335 and the the filing deadline for the amendments RESOURCES Senate proceed to its consideration. to the Dodd-Shelby substitute amend- This is to advise you that a field The PRESIDING OFFICER. Without ment be 10:30 a.m. on Tuesday, June 24, hearing has been scheduled before the objection, it is so ordered. and that substitute amendment is No. Senate Committee on Energy and Nat- The clerk will report the concurrent 4983. ural Resources. The hearing will be resolution by title. held on Wednesday, July 2, 2008, at 10 I further ask unanimous consent that The legislative clerk read as follows: the RECORD remain open until 2 p.m. a.m., International Programs Building, A concurrent resolution (H. Con. Res. 335) Sandia Science & Technology Park, today for statements, cosponsors, and authorizing the use of the Capitol Grounds bill introductions. 10600 Research Road SE., Albuquerque, for a celebration of the 100th anniversary of NM 87123. Alpha Kappa Alpha Sorority, Incorporated. The PRESIDING OFFICER. Without The purpose of the hearing is to con- There being no objection, the Senate objection, it is so ordered. sider the value and examine the proceeded to consider the concurrent progress of electricity generation from resolution. f concentrating solar power. For further information, please con- Mr. REID. Mr. President, I ask unan- tact Leon Lowery at (202) 224–2209 or imous consent that the concurrent res- ADJOURNMENT UNTIL MONDAY, Gina Weinstock at (202) 224–5684. olution be agreed to, the motion to re- JUNE 23, 2008, AT 3 P.M. consider be laid upon the table, with no f intervening action or debate, and that Mr. REID. Mr. President, seeing no AUTHORITY FOR COMMITTEES TO any statements related to this measure one else on the floor, I ask unanimous MEET be printed in the RECORD. consent that the Senate stand ad- journed under the previous order. COMMITTEE ON HOMELAND SECURITY AND The PRESIDING OFFICER. Without GOVERNMENTAL AFFAIRS objection, it is so ordered. There being no objection, the Senate, Mr. DORGAN. Mr. President, I ask The concurrent resolution (H. Con. at 12:49 p.m., adjourned until Monday, unanimous consent that the Com- Res. 335) was agreed to. June 23, 2008, at 3 p.m.

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