SECTION 1. SHORT TITLE. This Act may be cited as the ``American Communities Investment Act of 1999''. SEC. 2. COMMUNITY DEVELOPMENT LOAN GUARANTEES. (a) Maximum Amount of Outstanding Guarantees for a Single Issuer.-- Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by striking subsection (b) and inserting the following new subsection: ``(b) Maximum Amount of Outstanding Guarantees.--The maximum aggregate outstanding amount of notes and obligations of a single issuer guaranteed under this section shall be an amount determined by the Secretary based on the amount of the grant approval for the issuer under section 106 or 107, the fiscal condition of the issuer, and the potential return on investment of the projects to be undertaken with the proceeds of such notes and obligations, but may not in any case exceed the discounted present value of the grants that the issuer would receive over a period not to exceed 20 years if the issuer's annual grant amount over such period were equal to 80 percent of the current grant approval for the issuer.''. (b) Stakeholder Participation.--Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by adding at the end the following new subsection: ``(s) Stakeholder Participation.-- ``(1) Requirement.--The Secretary shall provide that an issuer of notes or obligations under this section shall, in complying with any community participation requirements (including the requirements under section 104(a)) applicable to the development of activities to be funded with the proceeds of such notes or obligations guaranteed under this section, include participation of major stakeholders in the community in which such activities will be carried out. ``(2) Definition.--For purposes of this subsection, the term `stakeholder' means a public or private organizational entity whose future well-being depends upon the applicant's continued social and economic viability, and includes the representatives of the following community interests: ``(A) Business. ``(B) Banking. ``(C) Education. ``(D) Public health and safety. ``(E) Labor. ``(F) Community-based development organizations. ``(G) Arts, cultural, religious, philanthropic, professional, and civic organizations.''. SEC. 3. COLLATERAL FOR FHLB ADVANCES. Section 10(a)(4) of the Federal Home Loan Bank Act (12 U.S.C. 1430(a)(4)) is amended by striking the second sentence. SEC. 4. AUTHORITY TO MAKE ADVANCES TO NONMEMBER MORTGAGEES. Section 10b of the Federal Home Loan Bank Act (12 U.S.C. 1430b) is amended to read as follows: ``SEC. 10B. ADVANCES TO NONMEMBER MORTGAGEES. ``(a) Authority.--Each Federal home loan bank may make advances to a nonmember mortgagee, except that such advances may be used only for community lending (as such term is defined in section 10(k)). ``(b) Nonmember Mortgagee Defined.--For purposes of subsection (a), the term `nonmember mortgagee' means any entity-- ``(1) that is-- ``(A) a State or local housing finance agency or Indian housing authority (including any subsidiary of such agency or authority) approved under title II of the National Housing Act, which-- ``(i) is a chartered institution having succession; and ``(ii) is subject to the inspection and supervision of a governmental agency; ``(B) a community development financial institution that-- ``(i) is not an insured depository institution or a subsidiary of an insured depository institution; and ``(ii) at the time an advance under this section is made, is certified as a community development financial institution under the Community Development Banking and Financial Institutions Act of 1994; and ``(iii) is a chartered institution having succession; or ``(C) a State or local economic development agency that-- ``(i) is chartered under State law; and ``(ii) is an institution having succession; and ``(2) whose principal activity in the mortgage field consists of lending the institution's own funds. ``(c) Security.--Advances under subsection (a) shall be secured in accordance with the requirements of section 10. ``(d) Terms and Conditions.--Advances made under this section shall be made at the same rates of interest and upon the same terms and conditions as are comparable extensions of credit to member institutions.''. SEC. 5. COMMUNITY LENDING FUND. Section 10 of the Federal Home Loan Bank Act (12 U.S.C. 1430) is amended by adding at the end the following new subsection: ``(k) Community Lending Fund.-- ``(1) In general.--Subject to regulations prescribed by the Board to carry out this subsection, each Federal home loan bank shall establish a Community Lending Fund, which the bank shall use to facilitate community lending by its members and nonmember mortgagees. ``(2) Use of assets of community lending funds.--A bank may use amounts in its Community Lending Fund only to provide grants, subsidies, and subsidized advances to its members and nonmember mortgagees for use for community lending activities. ``(3) Low- and moderate-income targeting.--Not less than 70 percent of the aggregate amount of assistance provided by a bank from a Community Lending Fund shall be used for the support of community lending activities that benefit low- and moderate-income persons. ``(4) Local priorities.--Each bank-- ``(A) shall give priority for assistance from the Community Lending Fund of the bank for projects located in empowerment zones and enterprise communities designated under part I of subchapter U of chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. 1391 et seq.); and ``(B) may establish such other priorities for the types of projects to receive assistance from the Community Lending Fund of the bank as the bank considers appropriate, and to which the Board shall defer, if such priorities are consistent with the safety and soundness of the bank and the provisions of this subsection. . ``(5) Coordination of activities.--The Board shall require the banks, to the extent practicable, to coordinate their activities pursuant to this subsection with any other State or Federal programs intended to facilitate community lending. ``(6) Report.--Each member and nonmember mortgagee receiving advances or assistance from a Community Lending Fund established by a bank shall report annually to the bank regarding the use of such advances or assistance. ``(7) Contribution to fund.--Each bank shall annually contribute 10 percent of the net earnings of that bank (after deducting expenses related to section 10(j) and operating expenses) to its Community Lending Fund. Each bank may contribute additional moneys to the Fund, and may accept for deposit into the Fund moneys from other parties. ``(8) Suspension of contributions.-- ``(A) In general.-- If a bank finds that the payments required under paragraph (7) are contributing to the financial instability of such bank, it may apply to the Board for a temporary suspension of such payments. The Board shall make a determination of whether the bank is financially unstable and whether such payments are contributing to such instability, and [may/shall] suspend such bank's payments to its Community Lending Fund if finds in the affirmative with respect to both such questions. ``(B) Factors to be considered.--In determining the financial stability of a bank for purposes of this paragraph, the Board shall consider such factors as-- ``(i) whether the bank's earnings are severely depressed; ``(ii) whether there has been a substantial decline in membership capital; and ``(iii) whether there has been a substantial reduction in advances outstanding. ``(C) Review of applications.--The Board shall review any application under this paragraph and any supporting financial data and issue a written decision approving or disapproving such application. The Board's decision shall be accompanied by specific findings and reasons for its action. ``(D) Designation of suspension period.--If the Board grants a suspension, it shall specify the period of time that such suspension shall remain in effect and shall continue to monitor the bank's financial condition during such suspension. ``(E) Suspensions prohibited under certain circumstances.--The Board shall not suspend payment to the Community Lending Fund of a bank if the bank's reduction in earnings is a result of-- ``(i) a change in the terms for advances to members which is not justified by market conditions; ``(ii) inordinate operating and administrative expenses; or ``(iii) mismanagement. ``(9) Regulations.-- ``(A) In general.--Not later than 1 year after the date of the enactment of this Act, the Board shall prescribe regulations to implement this subsection. ``(B) Limitations, restrictions, and other requirements.--Subject to the requirements of this subsection, such regulations-- ``(i) may specify activities, restrictions, and limitations for the use by the banks of amounts from Community Lending Funds; ``(ii) may specify priorities for the use of such advances; ``(iii) shall ensure that assistance provided from a Community Lending Fund will be used only for community lending to assist projects for which adequate long-term monitoring is available to guarantee requirements established pursuant to this subsection are satisfied; ``(iv) shall ensure that any subsidies provided under this subsection by Banks to member institutions and nonmember mortgagees are passed on to the ultimate borrower; ``(v) shall specify standards for determining benefit for low- and moderate- income persons, for purposes of paragraph (3); and ``(vi) shall establish uniform standards for assistance from Community Lending Funds and community lending by member institutions and nonmember mortgagees supported by such assistance. ``(10) Advisory council.--Each bank shall appoint an Advisory Council of 7 to 15 persons drawn from stakeholders (as such term is defined in section 108(s) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308(s)) in its district. The Advisory Council shall meet with representatives of the board of directors of the Bank quarterly to advise the Bank on community lending needs in the district and on the utilization of the Community Lending Fund of the bank for meeting such needs. Each Advisory Council established under this paragraph shall submit to the Board at least annually its analysis of the community lending activities carried out with amounts from the Community Lending Fund of the bank by which the Committee is appointed. ``(11) Reports to congress.-- ``(A) The Board shall monitor and annually submit a report to the Congress and the Advisory Council for each bank the support of community lending by the banks and the utilization of amounts from Community Lending Funds. ``(B) The analyses submitted by the Advisory Councils to the Board under paragraph (10) shall be included as part of the reports required by this paragraph. ``(C) The Comptroller General of the United States shall audit and evaluate the program under this subsection after such program has been operating for 2 years. The Comptroller General shall submit a report to the Congress on the conclusions of the audit and recommend improvements or modifications to the program. ``(12) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Community lending.--The term `community lending' means providing financing for activities that meet the requirements for eligibility, under section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305), for assistance with amounts for grants under title I of such Act. ``(B) Low- and moderate-income persons.--The term `low- and moderate-income persons has the meaning given such term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). ``(C) Nonmember mortgage.--The term `nonmember mortgagee' has the meaning given such term in section 10B(b) of this Act.''. (b) Funding for Community Lending Funds.--Section 21B(f)(2)(C) of the Federal Home Loan Bank Act (12 U.S.C. 1441b(f)(2)(C)) is amended to read as follows: ``(C) Payments by federal home loan banks.-- ``(i) Refcorp funding.--To the extent that the amounts available pursuant to subparagraphs (A) and (B) are insufficient to cover the amount of interest payments, each Federal home loan bank shall pay to the Funding Corporation in each calendar year, 10 percent of the net earnings of that bank (after deducting expenses relating to section 10(j) and operating expenses). ``(ii) Annuity value.--The Board shall annually determine the extent to which the value of the aggregate amounts paid by the banks exceeds or falls short of the value of an annuity of $300,000,000 per year that commences on the issuance date and ends on the final scheduled maturity date of the obligations, and shall select appropriate present value factors for making such determinations. ``(iii) Adjustment of period of banks' obligations.--The Board shall extend or shorten the term of the banks' payment obligations under this subparagraph, as necessary to ensure that the value of all payments made by the banks under this paragraph is equivalent to the value of such an annuity. ``(iv) Extension of period beyond maturity dates of underlying obligations.--If the Board extends the term of payments beyond the final scheduled maturity date for the obligations, each bank shall continue to pay 10 percent of its net earnings (after deducting expenses relating to section 10(j) and operating expenses) to the general fund of the Treasury until the value of all such payments by the banks is equivalent to the value of such an annuity. ``(v) Final year adjustment.--In the final year in which the banks are required to make any payment to the general fund of the Treasury under clause (iv), if the dollar amount represented by 10 percent of the net earnings of the banks exceeds the remaining obligation of the banks to the Treasury, the Finance Board shall reduce the percentage pro rata to a level sufficient to pay the remaining obligation.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall become effective on January 1, 2000.

Summary: Amends the Federal Home Loan Bank Act to set forth parameters within which: (1) Federal home loan banks may make advances to a nonmember mortgagee for community lending purposes; and (2) each Federal home loan bank shall establish a Community Lending Fund to facilitate community lending by its members and nonmember mortgagees.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Judicial Administration and Technical Amendments Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Change in composition of divisions of western district of Tennessee. Sec. 3. Supplemental attendance fee for petit jurors serving on lengthy trials. Sec. 4. Authority of district courts as to a jury summons. Sec. 5. Public drawing specifications for jury wheels. Sec. 6. Assessment of court technology costs. Sec. 7. Repeal of obsolete provision in the bankruptcy code relating to certain dollar amounts. Sec. 8. Investment of court registry funds. Sec. 9. Magistrate judge participation at circuit conferences. Sec. 10. Selection of chief pretrial services officers. Sec. 11. Attorney case compensation maximum amounts. Sec. 12. Expanded delegation authority for reviewing Criminal Justice Act vouchers in excess of case compensation maximums. Sec. 13. Repeal of obsolete cross-references to the Narcotic Addict Rehabilitation Act. Sec. 14. Conditions of probation and supervised release. Sec. 15. Contracting for services for pretrial defendants and post- conviction supervision offenders. Sec. 16. Judge members of U.S. Sentencing Commission. Sec. 17. Penalty for failure to appear for jury summons. Sec. 18. Place of holding court for the District of Minnesota. Sec. 19. Penalty for employers who retaliate against employees serving on jury duty. SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF TENNESSEE. (a) In General.--Section 123(c) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``Dyer,'' after ``Decatur,''; and (B) in the last sentence by inserting ``and Dyersburg'' after ``Jackson''; and (2) in paragraph (2)-- (A) by striking ``Dyer,''; and (B) in the second sentence, by striking ``and Dyersburg''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of enactment of this Act. (2) Pending cases not affected.--The amendments made by this section shall not affect any action commenced before the effective date of this section and pending in the United States District Court for the Western District of Tennessee on such date. (3) Juries not affected.--The amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving in the United States District Court for the Western District of Tennessee on the effective date of this section. SEC. 3. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON LENGTHY TRIALS. (a) In General.--Section 1871(b)(2) of title 28, United States Code, is amended by striking ``thirty'' in each place it occurs and inserting ``ten''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2009. SEC. 4. AUTHORITY OF DISTRICT COURTS AS TO A JURY SUMMONS. Section 1866(g) of title 28, United States Code, is amended in the first sentence-- (1) by striking ``shall'' and inserting ``may''; and (2) by striking ``his''. SEC. 5. PUBLIC DRAWING SPECIFICATIONS FOR JURY WHEELS. (a) Drawing of Names From Jury Wheel.--Section 1864(a) of title 28, United States Code, is amended-- (1) in the first sentence, by striking ``publicly''; and (2) by inserting ``The clerk or jury commission shall post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn.'' after the first sentence. (b) Selection and Summoning of Jury Panels.--Section 1866(a) of title 28, United States Code, is amended-- (1) in the second sentence, by striking ``publicly''; and (2) by inserting ``The clerk or jury commission shall post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn.'' after the second sentence. (c) Technical and Conforming Amendment.--Section 1869 of title 28, United States Code, is amended-- (1) in subsection (j), by adding ``and'' at the end; (2) by striking subsection (k); and (3) by redesignating subsection (l) as subsection (k). SEC. 6. ASSESSMENT OF COURT TECHNOLOGY COSTS. Section 1920 of title 28, United States Code, is amended-- (1) in paragraph (2), by striking ``of the court reporter for all or any part of the stenographic transcript'' and inserting ``for printed or electronically recorded transcripts''; and (2) in paragraph (4), by striking ``copies of papers'' and inserting ``the costs of making copies of any materials where the copies are''. SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANKRUPTCY CODE RELATING TO CERTAIN DOLLAR AMOUNTS. Section 104 of title 11, United States Code, is amended-- (1) by striking subsection (a); (2) by redesignating subsection (b)(1) as subsection (a) and subparagraphs (A) and (B) of that subsection as paragraphs (1) and (2), respectively; (3) by redesignating subsection (b)(2) as subsection (b); (4) by redesignating subsection (b)(3) as subsection (c); and (5) in subsection (c) (as redesignated by paragraph (4) of this section), by striking ``paragraph (1)'' and inserting ``subsection (a)''. SEC. 8. INVESTMENT OF COURT REGISTRY FUNDS. (a) In General.--Chapter 129 of title 28, United States Code, is amended by inserting after section 2044 the following: ``Sec. 2045. Investment of court registry funds ``(a) The Director of the Administrative Office of the United States Courts, or the Director's designee under subsection (b), may request the Secretary of the Treasury to invest funds received under section 2041 in public debt securities with maturities suitable to the needs of the funds, as determined by the Director or the Director's designee, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. ``(b) The Director may designate the clerk of a court described in section 610 to exercise the authority conferred by subsection (a).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 129 of title 28, United States Code, is amended by adding at the end the following: ``2045. Investment of court registry funds.''. SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES. Section 333 of title 28, United States Code, is amended in the first sentence by inserting ``magistrate,'' after ``district,''. SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFICERS. Section 3152 of title 18, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) The pretrial services established under subsection (b) of this section shall be supervised by a chief pretrial services officer appointed by the district court. The chief pretrial services officer appointed under this subsection shall be an individual other than one serving under authority of section 3602 of this title.''. SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM AMOUNTS. Section 3006A(d)(2) of title 18, United States Code, is amended by adding ``The compensation maximum amounts provided in this paragraph shall increase simultaneously by the same percentage, rounded to the nearest multiple of $100, as the aggregate percentage increases in the maximum hourly compensation rate paid pursuant to paragraph (1) for time expended since the case maximum amounts were last adjusted.'' at the end. SEC. 12. EXPANDED DELEGATION AUTHORITY FOR REVIEWING CRIMINAL JUSTICE ACT VOUCHERS IN EXCESS OF CASE COMPENSATION MAXIMUMS. (a) Waiving Maximum Amounts.--Section 3006A(d)(3) of title 18, United States Code, is amended in the second sentence by inserting ``or senior'' after ``active''. (b) Services Other Than Counsel.--Section 3006A(e)(3) of title 18, United States Code, is amended in the second sentence by inserting ``or senior'' after ``active''. (c) Counsel for Financially Unable Defendants.--Section 3599(g)(2) of title 18, United States Code, is amended in the second sentence by inserting ``or senior'' after ``active''. SEC. 13. REPEAL OF OBSOLETE CROSS-REFERENCES TO THE NARCOTIC ADDICT REHABILITATION ACT. Section 3161(h) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraphs (D) through (J) as subparagraphs (B) through (H), respectively; (2) by striking paragraph (5); and (3) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively. SEC. 14. CONDITIONS OF PROBATION AND SUPERVISED RELEASE. (a) Conditions of Probation.--Section 3563(a)(2) of title 18, United States Code, is amended by striking ``(b)(2), (b)(3), or (b)(13),'' and inserting ``(b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or''. (b) Supervised Release After Imprisonment.--Section 3583(d) of title 18, United States Code, is amended by striking ``section 3563(b)(1)'' and all that follows through ``appropriate.'' and inserting ``section 3563(b) and any other condition it considers to be appropriate, provided, however that a condition set forth in subsection 3563(b)(10) shall be imposed only for a violation of a condition of supervised release in accordance with section 3583(e)(2) and only when facilities are available.''. (c) Technical and Conforming Amendment.--Section 3563(b)(10) of title 18, United States Code, is amended by inserting ``or supervised release'' after ``probation''. SEC. 15. CONTRACTING FOR SERVICES FOR PRETRIAL DEFENDANTS AND POST- CONVICTION SUPERVISION OFFENDERS. (a) Pretrial Service Functions.--Section 3154(4) of title 18, United States Code, is amended by inserting ``, and contract with any appropriate public or private agency or person, or expend funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required'' before the period. (b) Duties of Director of Administrative Office of the United States Courts.--Section 3672 of title 18, United States Code, is amended in the seventh undesignated paragraph-- (1) in the third sentence, by striking ``negotiate and award such contracts'' and inserting ``negotiate and award contracts identified in this paragraph''; and (2) in the fourth sentence, by inserting ``to expend funds or'' after ``He shall also have the authority''. SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMISSION. Section 991(a) of title 28, United States Code, is amended in the third sentence by striking ``Not more than'' and inserting ``At least''. SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR JURY SUMMONS. (a) Section 1864 Summons.--Section 1864(b) of title 28, United States Code, is amended by striking ``$100 or imprisoned not more than three days, or both.'' each place it appears and inserting ``$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.''. (b) Section 1866 Summons.--Section 1866(g) of title 28, United States Code, is amended by striking ``$100 or imprisoned not more than three days, or both.'' and inserting ``$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.''. SEC. 18. PLACE OF HOLDING COURT FOR THE DISTRICT OF MINNESOTA. Section 103(6) of title 28, United States Code, is amended in the second sentence by inserting ``and Bemidji'' before the period. SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES SERVING ON JURY DUTY. Section 1875(b)(3) of title 28, United States Code, is amended by striking ``$1,000 for each violation as to each employee.'' and inserting ``$5,000 for each violation as to each employee, and may be ordered to perform community service.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Judicial Administration and Technical Amendments Act of 2008 - (Sec. 2) Amends the federal judicial code to: (1) move Dyer County from the Western Division to the Eastern Division of the Western Judicial District of Tennessee; and (2) make Dyersburg a site where the Court for the Eastern Division shall be held. (Sec. 3) Reduces from 30 days to 10 days the minimum length of time a petit juror must serve on a trial before the court may pay a supplemental attendance fee. (Sec. 4) Changes from a requirement to discretionary the authority of the district court to order any person summoned for jury service who fails to appear as directed to appear forthwith and show cause for failure to comply with the summons. (Sec. 5) Requires the clerk or jury commission to post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn from the master jury wheel. (Sec. 6) Revises the items for which a judge or clerk of any court of the United States may tax as costs to specify: (1) printed or electronically recorded transcripts (currently, stenographic transcripts); and (2) copies of any materials (currently, papers) where the copies are necessarily obtained for use in the case. (Sec. 7) Repeals obsolete provisions in the bankruptcy code relating to certain dollar amounts. (Sec. 8) Authorizes the Director of the Administrative Office of the United States Courts, or a designated clerk of court, to request the Secretary of the Treasury to invest court registry funds in interest-bearing public debt securities. (Sec. 9) Authorizes magistrate judge participation at circuit conferences. (Sec. 10) Amends the federal criminal code to repeal the requirement that a chief pretrial services officer be selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate judge of the district or their designees. Requires, instead, that the chief pretrial services officer be appointed by the district court. (Sec. 11) Requires indexing, according to a specified formula, of the maximum amount of compensation payable to attorneys for representing defendants. (Sec. 12) Expands delegation authority for reviewing and approving Criminal Justice Act vouchers in excess of case compensation maximums for: (1) representation of defendants; (2) services other than counsel; or (3) service as counsel for financially unable defendants. Authorizes the chief judge of the circuit to delegate such approval authority to a senior circuit judge (as well as to an active circuit court judge, as under current law). (Sec. 13) Repeals obsolete cross-references to the Narcotic Addict Rehabilitation Act in speedy trial requirements. (Sec. 14) Makes technical and conforming amendments to the federal criminal code with respect to conditions of probation and supervised release after imprisonment. (Sec. 15) Includes among pretrial services functions contracting with any appropriate public or private agency or person, or expending funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required. (Sec. 16) Amends the federal judicial code to require at least (currently, not more than) three members of the United States Sentencing Commission to be federal judges. Thus allows more than three members of the Commission to be federal judges.) (Sec. 17) Increases from $100 to $1,000 the monetary penalty for failure to appear for a jury summons. Authorizes the court to order community service as a penalty as well. (Sec. 18) Requires court for the Sixth Division of the Minnesota Judicial District to be held at Bemidji (as well as at Fergus Falls, as under current law). (Sec. 19) Increases from $1,000 to $5,000 the monetary penalty for employers who retaliate against employees serving on jury duty. Authorizes the court to order community service as a penalty as well.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Investments in America's Cities Act''. SEC. 2. MODIFICATION OF EB-5 VISA PROGRAM. Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is amended by adding at the end the following: ``(E) Set-aside for economically distressed urban areas.-- ``(i) In general.--Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants seeking to invest in a new commercial enterprise described in subparagraph (A) which will create employment in an economically distressed urban area and-- ``(I) with respect to which such alien or a relative of that alien has invested or, is actively in the process of investing, in that new enterprise, capital in an amount not less than the amount specified in clause (ii); ``(II) with respect to which such alien has completed an investment agreement with a qualified venture capital operating company for an investment in that new enterprise of an amount not less than the amount specified in clause (ii); or ``(III) with respect to which such alien has completed an investment agreement with one or more angel investors for an investment in that new enterprise of an amount not less than the amount specified in clause (ii). ``(ii) Capital amount required.--The amount of capital specified in this clause is $250,000. To account for inflation, the Secretary of Homeland Security may by rule adjust the amount of capital specified in this clause. ``(iii) Definitions.--In this subparagraph: ``(I) Angel investor.--The term `angel investor' means, with respect to a qualified immigrant, an individual who-- ``(aa) is an accredited investor (as defined in section 230.501(a) of title 17, Code of Federal Regulations (as in effect on April 1, 2010)); ``(bb) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; and ``(cc) has made at least 2 equity investments of not less than $50,000 in each of the 3 years before the date of a petition by the qualified immigrant for classification under this paragraph. ``(II) Economically distressed urban area.--The term `economically distressed urban area' means, at the time a petition for classification under this paragraph is filed the following: ``(aa) A city that has an average unemployment rate of not less than 150 percent of the national average rate for the preceding year. ``(bb) Any principal city for a Metropolitan Statistical Area, as defined by the Office of Management and Budget. ``(III) Qualified venture capital operating company.--The term `qualified venture capital operating company' means an entity that-- ``(aa) is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.); or ``(bb) is an investment company, as defined in subsection (a)(1) of section 3 of such Act (15 U.S.C. 80a-3), that is exempt from registration under subsection (c)(1) or (c)(7) of such section, and is not registered. ``(IV) Relative.--The term `relative' means, with respect to a qualified immigrant-- ``(aa) a spouse; ``(bb) a sibling; ``(cc) a child; ``(dd) a parent; ``(ee) an aunt or uncle; ``(ff) a first cousin; or ``(gg) a grandparent.''. SEC. 3. EXPEDITED PROCESSING FOR CERTAIN EB-5 INVESTORS. Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) is amended by adding at the end the following: ``In the case of a petition filed under section 204(a)(1)(H) for classification under section 203(b)(5)(E), the petitioner shall be guaranteed of a decision on the petition in 60 days or less.''. SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the EB-5 Visa Program authorized under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)). (b) Contents.--The report described in subsection (a) shall include information regarding-- (1) the number of immigrant entrepreneurs who have received a visa under such visa program, listed by country of origin; (2) the localities in which such immigrant entrepreneurs have initially settled; (3) whether such immigrant entrepreneurs generally remain in the localities in which they initially settle; (4) the types of commercial enterprises that such immigrant entrepreneurs have established; and (5) the types and number of jobs created by such immigrant entrepreneurs.

Summary: Global Investments in America's Cities Act - Amends the Immigration and Nationality Act to set aside at least 3,000 employment creation immigrant visas each fiscal year for qualified immigrants seeking to invest in a new commercial enterprise which will create employment in an economically distressed urban area and with respect to which such alien: (1) has invested at least $250,000; (2) has completed an investment agreement with a qualified venture capital operating company for an investment of at least $250,000; or (3) has completed an investment agreement with one or more angel investors for an investment of at least $250,000. Requires petitions for such immigrant visas to be decided within 60 days. Directs the Government Accountability Office (GAO) to report to Congress on the EB-5 visa program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring the 10th Amendment Act''. SEC. 2. FINDINGS. The Congress finds: (1) The 10th Amendment to the Constitution of the United States (referred to in this Act as the ``10th Amendment''), ratified on December 15, 1791, provides, ``The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.''. (2) The 10th Amendment expressly limits the powers of the Federal Government to those delegated by the Constitution and reaffirms and protects the freedom of the States to exercise those that are not. (3) The 10th Amendment reflects the opposition of the Founding Fathers to a Federal Government with expansive powers, their intention for the powers of the States to act as a check on those of the Federal Government, and their concern that the Federal Government would attempt to usurp powers intended to remain with the States. (4) James Madison, in The Federalist No. 45, wrote, ``The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.''. (5) The Supreme Court, in United States v. Sprague, 282 U.S. 716 (1931), noted, ``The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people.''. (6) The Supreme Court, in Fry v. United States, 421 U.S. 542 (1975), also noted, ``The Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States' integrity or their ability to function effectively in a federal system.''. (7) The Executive departments and agencies of the Federal Government often promulgate regulations contrary to the spirit and letter of the 10th Amendment. (8) The 10th Amendment assures that the people of the United States, and each sovereign State in the Union of States, have, and have always had, rights that the Federal Government may not usurp. (9) Congress has the responsibility to safeguard the 10th Amendment and to recognize that it is as vital and valuable today as on the date of its ratification. SEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFICIALS TO CHALLENGE FEDERAL RULEMAKING AS A VIOLATION OF THE 10TH AMENDMENT. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; (2) the term ``designated State official'' means, with respect to a State-- (A) the chief executive of the State; (B) the lieutenant governor or equivalent officer of the State; (C) the chief legal officer of the State; or (D) a legislative leader of the State; (3) the term ``legislative leader'' means a speaker, majority leader, or minority leader, of a State legislature or any House thereof; and (4) the term ``rule'' has the meaning given that term in section 551 of title 5, United States Code. (b) Submission of Legal Brief.--During any period during which a proposed rule is open for public comment under chapter 5 of title 5, United States Code, any designated State official may submit to the head of the agency proposing the rule a legal brief challenging the constitutionality of the proposed rule under the 10th Amendment. (c) Duty of Federal Official To Post Link to the Brief.--The head of the agency proposing a rule described in subsection (b) shall prominently post on the front page of the Web site of the agency, in such a manner that it is immediately noticeable to individuals who visit that Web site, a link to each brief submitted under subsection (b). (d) Response by Federal Agency.--Unless an agency determines not to finalize a proposed rule described in subsection (b), not later than 15 days after posting the link under subsection (c), the head of the agency shall-- (1) certify in writing that, in the opinion of the head of the agency, the rule does not violate the 10th Amendment; (2) include in the certification the full legal reasoning supporting that opinion; and (3) prominently post the certification on the front page of the Web site of the agency next to the links to the legal briefs pertaining to the rule posted under subsection (c). (e) Notice to Officials of Other States.--Not later than 15 days after the date on which a designated State official submits a brief under subsection (b), the head of the agency proposing the rule shall give notice to each designated State official of each State that the brief was submitted. (f) Actions by State Officials.-- (1) Commencement of action.--At any time after the head of an agency posts a certification under subsection (d) that a rule does not violate the 10th Amendment, a designated State official may commence a civil action against the agency on the grounds that the rule of the agency violates the 10th Amendment. (2) Venue and jurisdiction.--If a designated State official decides to commence an action under paragraph (1), in addition to any other venue or jurisdiction that may be provided by law, the official may bring the action in the district court of the United States for the district in which the place of business of the official is located, which shall be a proper venue for the action and the court shall have jurisdiction of the action. (3) Expedited appeal.--Upon the filing of a notice of appeal by a designated State official who is a party to an action described in paragraph (1) brought in a district court of the United States, the appropriate court of appeals of the United States shall grant expedited review of a decision by the district court in the action.

Summary: Restoring the 10th Amendment Act Authorizes a designated state official to submit to the head of a federal agency proposing a rule, during the period when the proposed rule is open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment to the Constitution. Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief was submitted; (2) to post prominently on the front page of the agency's website a link to the brief; and (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the agency's website next to the briefs pertaining to the rule, unless the agency determines not to finalize such proposed rule. Authorizes a designated state official, at any time after an agency head posts such a certification, to commence a civil action against the agency on the grounds that the rule violates the Tenth Amendment. Permits such state official, in addition to any other venue or jurisdiction provided by law, to bring such action in the U.S. district court for the district in which the official's place of business is located. Directs the appropriate U.S. court of appeals, upon the filing of a notice by a designated state official, to grant expedited review of a decision by the district court in such an action.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Expansion and Hiring Act of 2011''. SEC. 2. BUSINESS CREDIT FOR RETENTION OF CERTAIN INDIVIDUALS NEWLY HIRED BEFORE 2013. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. RETENTION OF CERTAIN INDIVIDUALS NEWLY HIRED BEFORE 2013. ``(a) In General.--For purposes of section 38, in the case of any taxable year ending after the date of the enactment of this section and beginning before January 1, 2013, the retained worker credit determined under this section for the taxable year is the aggregate of the lesser of-- ``(1) $4,000 ($6,000 in the case of a long-term unemployed individual), or ``(2) 6.2 percent of the wages (as defined in section 3401(a)) paid by the taxpayer to such retained worker during the 52 consecutive week period referred to in subsection (c)(2). ``(b) Limitations.-- ``(1) Increase in employment.--The number of retained workers taken into account under subsection (a) shall not exceed the excess of (if any)-- ``(A) the number of employees of the taxpayer at the end of the taxable year, over ``(B) the number of employees of the taxpayer at the beginning of the taxable year. ``(2) Dollar limitation.--The amount allowed as a credit under subsection (a) for a taxable year with respect to any business location of the employer shall not exceed $400,000. ``(3) Special rules.-- ``(A) Business-location specific.--All determinations under this section regarding the number of employees shall be determined on a location basis. ``(B) Employees rotated among business not eligible.--An employee who is moved from one location of the taxpayer to another location shall not be taken into account for purposes of paragraph (1). ``(c) Definitions.--For purposes of this section-- ``(1) Retained worker.--The term `retained worker' means any qualified individual-- ``(A) who was employed by the taxpayer on any date during the taxable year, ``(B) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and ``(C) whose wages (as defined in section 3401(a)) for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period. ``(2) Qualified individual.--The term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after December 31, 2010, and before January 1, 2014, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for 40 hours or more per week during the 60- day period ending on the date such individual begins such employment, ``(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(D) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(3) Qualified employer.-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing which employed an average of less than 100 employees on business days during such taxable year. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(4) Long-term unemployed individual.--The term `long-term unemployed individual' means an individual who was in receipt of unemployment compensation under State or Federal law for not less than 26 weeks during the 1-year period ending on the day the individual is hired by the employer.''. (b) Credit Allowed as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the retained worker credit determined under section 45S.''. (c) Limitation on Carryforward.--Section 39(a) of such Code is amended by adding at the end the following: ``(5) 3-year carryforward for retained worker credit.--In the case of the retained worker credit, paragraph (2) shall be applied-- ``(A) by substituting `3 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(B) by substituting `2 taxable years' for `20 taxable years' in subparagraph (B) thereof.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45R the following new item: ``Sec. 45S. Retention of certain individuals newly hired before 2013.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Summary: Small Business Expansion and Hiring Act of 2011 - Amends the Internal Revenue Code to allow nongovernmental employers who employ an average of fewer than 100 employees during a taxable year a retained worker tax credit until December 31, 2012, for the lesser of $4,000 ($6,000 for a long-term unemployed individual) or 6.2% of the wages paid to a retained worker during a period of not less than 52 consecutive weeks of employment. Limits the amount of such credit with respect to any business location of the employer to $400,000 and provides that the number of retained workers taken into account for such credit shall not exceed the excess of the number of employees of the taxpayer at the end of the taxable year over the number of such employees at the beginning of the taxable year. Defines "retained worker" to mean any qualified individual who was employed on any date during the taxable year for a period of not less than 52 weeks and whose wages during the last 26 weeks of such period equaled at least 80% of such wages for the first 26 weeks of such period. Defines "qualified individual" as any individual who: (1) begins employment after 2010 and before 2014, (2) certifies by signed affidavit that such individual has not been employed for 40 hours or more per week during the 60-day period ending on the date such individual begins employment, (3) is not replacing another employee, and (4) is not disqualified for such credit by a relationship to the employer.


SECTION 1. SHORT TITLE. This Act may be cited as the ``End Tax Uncertainty Act of 2010''. SEC. 2. EGTRRA AND JGTRRA TAX RELIEF MADE PERMANENT. (a) Economic Growth and Tax Relief Reconciliation Act of 2001.-- Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 is hereby repealed. (b) Income Tax Rates on Dividends and Net Capital Gain.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is hereby repealed. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. ESTATE AND GIFT TAX PERMANENTLY REPEALED. Effective for estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2010, subtitle B of the Internal Revenue Code of 1986 is repealed. SEC. 4. PERMANENT INDIVIDUAL AMT RELIEF. (a) Modification of Alternative Minimum Tax Exemption Amount.-- (1) In general.--Paragraph (1) of section 55(d) of the Internal Revenue Code of 1986 (relating to exemption amount) is amended to read as follows: ``(1) Exemption amount for taxpayers other than corporations.--In the case of a taxpayer other than a corporation, the term `exemption amount' means-- ``(A) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(A) in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse, ``(B) the dollar amount for taxable years beginning in the calendar year as specified in the table contained in paragraph (4)(B) in the case of an individual who-- ``(i) is not a married individual, and ``(ii) is not a surviving spouse, ``(C) 50 percent of the dollar amount applicable under paragraph (1)(A) in the case of a married individual who files a separate return, and ``(D) $22,500 in the case of an estate or trust. For purposes of this paragraph, the term `surviving spouse' has the meaning given to such term by section 2(a), and marital status shall be determined under section 7703.''. (2) Specified exemption amounts.--Section 55(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Specified exemption amounts.-- ``(A) Taxpayers described in paragraph (1)(A).--For purposes of paragraph (1))(A)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2010....................................................... $72,450 2011....................................................... $74,450 2012....................................................... $78,250 2013....................................................... $81,450 2014....................................................... $85,050 2015....................................................... $88,650 2016....................................................... $92,650 2017....................................................... $96,550 2018....................................................... $100,950 2019....................................................... $105,150 2020....................................................... $109,950. ------------------------------------------------------------------------ ``(B) Taxpayers described in paragraph (1)(B).--For purposes of paragraph (1))(B)-- ------------------------------------------------------------------------ The ``For taxable years beginning in-- exemption amount is: ------------------------------------------------------------------------ 2010....................................................... $47,450 2011....................................................... $48,450 2012....................................................... $50,350 2013....................................................... $51,950 2014....................................................... $53,750 2015....................................................... $55,550 2016....................................................... $57,550 2017....................................................... $59,500 2018....................................................... $61,700 2019....................................................... $63,800 2020....................................................... $66,200.''. ------------------------------------------------------------------------ (b) Alternative Minimum Tax Relief for Nonrefundable Credits.-- (1) In general.--Subsection (a) of section 26 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27(a), and ``(2) the tax imposed by section 55(a) for the taxable year.''. (2) Conforming amendments.-- (A) Adoption credit.-- (i) Section 23(b) of such Code, as in effect on December 31, 2009, is amended by striking paragraph (4). (ii) Section 23(c) of such Code, as in effect on December 31, 2009, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 25D and 1400C), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (iii) Section 23(c) of such Code, as in effect on December 31, 2009 amended by redesignating paragraph (3) as paragraph (2). (B) Child tax credit.-- (i) Section 24(b) of such Code is amended by striking paragraph (3). (ii) Section 24(d)(1) of such Code is amended-- (I) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be,'' each place it appears in subparagraphs (A) and (B) and inserting ``section 26(a)'', and (II) by striking ``section 26(a)(2) or subsection (b)(3), as the case may be'' in the second last sentence and inserting ``section 26(a)''. (C) Credit for interest on certain home mortgages.--Section 25(e)(1)(C) of such Code is amended to read as follows: ``(C) Applicable tax limit.--For purposes of this paragraph, the term `applicable tax limit' means the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23, 25D, and 1400C).''. (D) Savers' credit.--Section 25B of such Code is amended by striking subsection (g). (E) Residential energy efficient property.--Section 25D(c) of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (F) Certain plug-in electric vehicles.--Section 30(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (G) Alternative motor vehicle credit.--Section 30B(g)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (H) New qualified plug-in electric vehicle credit.--Section 30D(c)(2) of such Code is amended to read as follows: ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.''. (I) Cross references.--Section 55(c)(3) of such Code is amended by striking ``26(a), 30C(d)(2),'' and inserting ``30C(d)(2)''. (J) Foreign tax credit.--Section 904 of such Code is amended by striking subsection (i) and by redesignating subsections (j) , (k), and (l) as subsections (i), (j), and (k), respectively. (K) First-time home buyer credit for the district of columbia.--Section 1400C(d) of such Code is amended to read as follows: ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section and section 25D), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 5. MAXIMUM CORPORATE INCOME TAX RATE REDUCED TO 25 PERCENT. (a) In General.--Paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended by striking ``but does not exceed $75,000'' and all that follows and inserting a period. (b) Personal Service Corporations.--Paragraph (2) of section 11(b) of such Code is amended by striking ``35 percent'' and inserting ``25 percent''. (c) Conforming Amendments.-- (1) Subsection (a) of section 1201 of such Code is amended by striking ``35 percent'' each place it appears and inserting ``25 percent''. (2) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``25 percent''. (d) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010.

Summary: End Tax Uncertainty Act of 2010 - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001; (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce income tax rates on dividend and capital gains income; and (3) the repeal, after December 31, 2010, of the estate, gift, and generation-skipping transfer tax. Amends the Internal Revenue Code to: (1) provide for annual increases, between 2010 and 2020, in the amount of the alternative minimum tax (AMT) exemption amount for single and married taxpayers; (2) allow a permanent offset against the AMT for certain nonrefundable tax credits; and (3) reduce to 25% the maximum income tax rate for corporations, including personal service corporations.


SECTION 1. WHISTLEBLOWER PROTECTION. (a) Definitions.--In this section: (1) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102 of title 49, United States Code. (2) Covered proceeding.--The term ``covered proceeding'' means a proceeding conducted by the Secretary of Transportation or the Administrator of the Federal Aviation Administration to carry out a function of the Department of Transportation. (3) Employee.--The term ``employee'' means-- (A) an applicant that applies for employment by an air carrier, employee, or former employee of an air carrier; and (B) includes a contractor or subcontractor of the Federal Aviation Administration carrying out a function of the Department of Transportation or of a contractor or subcontractor of an air carrier. (4) Related action.--The term ``related action'' means the actions of an employee to-- (A) notify an employer or the Secretary of Transportation of an alleged violation of title 49, United States Code; (B) refuse to engage in any practice that the employee reasonably believes constitutes a violation of law (including a rule or regulation); (C) testified before Congress or at any Federal or State proceeding regarding any provision of title 49, United States Code; (D) commences, acts with the intention of commencing, or causes to be commenced a proceeding under title 49, United States Code; (E) testified or is about to testify in any such proceeding; or (F) assisted or participated or is about to participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of title 49, United States Code. (b) Whistleblower Protection.-- (1) Limitation on liability.--No employee shall be liable by reason of an activity described in subparagraph (A), (B), or (C) of paragraph (2). (2) Employees described.--An employee described in this paragraph is an employee who, in a manner consistent with applicable law-- (A) commences, acts with the intention of commencing, or causes to be commenced a covered proceeding; (B) testifies or acts with the intention of testifying at a covered proceeding or with respect to a related action; (C) assists with or participates in or acts with the intention of assisting or participating in a covered proceeding; or (D) carries out a related action. (3) Refusal to violate law.--No employee shall be liable for refusing to violate or assist in the violation of any law (including any rule or regulation) in the course of employment, if the refusal is based on a reasonable belief that the law would be violated. (4) Prohibition on discrimination.--No air carrier, contractor, or subcontractor covered under this section may discriminate against an employee described in paragraph (2). (c) Procedures and Penalties.-- (1) Filing of complaints and procedures.-- (A) In general.--An employee alleging discrimination (including discharge, discipline, or reassignment) in violation of subsection (b) or another person at the employee's request, may file a complaint with the Secretary of Labor not later than 180 days after the alleged violation occurs. (B) Procedures.-- (i) In general.--The Secretary of Labor may issue a subpoena for the attendance and testimony of any person and the production of documentary or other evidence from any person if the testimony or production requested is not unduly burdensome and appears reasonably calculated to lead to the discovery of admissible evidence. (ii) Procedures.--Subject to paragraph (4), in carrying out this subsection, the Secretary of Labor shall, with respect to a complaint described in subparagraph (A), use the same procedures for filing complaints, conducting investigations, holding hearings, and issuing orders as are applicable to drivers of commercial motor vehicles under section 31105(b) of title 49, United States Code. (C) Burden of proof.-- (i) In general.--The Secretary of Labor shall dismiss a complaint filed under subparagraph (A), and shall not conduct the investigation or provide relief after completion of the procedures required under subparagraph (B), unless the complainant has made a prima facie showing that any behavior described in subsection (b) (2) or (3) was a contributing factor in the discrimination (including discharge or discipline) alleged in the complaint. (ii) Demonstration by employer.-- Notwithstanding a finding by the Secretary that the complainant has made a showing required under clause (i), no investigation required or relief available under subparagraph (B) shall be carried out or made available if the employer demonstrates, by clear and convincing evidence, that it would have taken the same unfavorable personnel action for legitimate, independent reasons in the absence of such behavior. (D) Penalties.--The penalties contained in section 31105(b) of title 49, United States Code, shall apply to persons who violate subsection (b) of this section in the same manner as those penalties apply to persons who violate section 31105(a) of title 49, United States Code. (2) Judicial review and venue.--A person adversely affected by an order issued pursuant to paragraph (1)(B) may seek judicial review in the same manner as is prescribed in section 31105(c) of title 49, United States Code. The court in issuing any final order under this paragraph may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. (3) Civil actions.--If a person fails to comply with an order issued pursuant to paragraph (1), the Secretary of Labor shall bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. (4) Alternative procedures.--Upon filing a complaint under this subsection, with the mutual consent of the parties, the Secretary of Labor may provide for mediation or arbitration in a manner consistent with applicable law, in lieu of conducting a hearing and issuing an order under the procedures contained in section 31105(b) of title 49, United States Code. SEC. 2. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES. Section 347(b)(1) of the Department of Transportation and Related Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) is amended by inserting before the semicolon at the end the following: ``, including the provisions for investigation, adjudication, and enforcement as provided for in chapters 12 and 77 of title 5, United States Code''. SEC. 3. PROTECTION AGAINST OVERBROAD RESTRICTIONS ON DISCLOSURES. (a) Prohibition.-- (1) In general.--No employer may spend funds to implement or enforce the agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following statement: ``These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, (governing disclosures to Congress by members of the military); section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosures which may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by such Executive order and such provisions are incorporated into this Agreement and are controlling.''. (2) Intelligence activities.--Notwithstanding the paragraph (1), a nondisclosure policy, form, or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the United States Government. (3) Violations of law.--Nondisclosure agreements or forms described in paragraph (1) shall clarify that such agreements do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. (b) Civil Actions.--An employee, former employee, or applicant for employment to which this section applies may, with respect to an action for a violation of section 7211 or 7212 of title 49, United States Code, that is taken, threatened, or proposed to be taken against such employee, former employee, or applicant for employment, bring a civil action for a jury trial in the appropriate district court of the United States for relief. (c) Procedures.--In any action brought under subsection (b)-- (1) the matter shall be reviewed de novo by the court; and (2) the proceeding shall be governed by the legal burdens of proof in sections 1214(b)(4)(B) and 1221(e) of title 5, United States Code.

Summary: Provides for whistleblower protections for airline employees. (Sec. 1) Declares that no airline employee (including a contractor or subcontractor of the Federal Aviation Administration (FAA) or of an air carrier) shall be liable: (1) for commencing, testifying at, or participating in, a proceeding conducted by the Secretary of Transportation or the Administrator of the FAA or a related action; or (2) for refusing to violate or assist in the violation of any law or regulation in the course of employment, if such refusal is based on a reasonable belief that the law would be violated. Prohibits an air carrier, contractor, or subcontractor from discriminating against such an employee. Sets forth Department of Labor complaint procedures for employees alleging discrimination (including discharge, discipline, or reassignment) in violation of this Act. Sets forth civil penalties for violation of such employee protections. Provides for judicial review for persons adversely affected by an order issued by the Secretary of Labor. (Sec. 2) Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to provide for the investigation, adjudication, and enforcement of whistleblower protections for FAA employees. (Sec. 3) Prohibits an employer from spending funds to implement or enforce certain agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain certain statements regarding employee protections with respect to certain disclosures. Authorizes a nondisclosure policy, form, or agreement that is executed by a person connected with the conduct of an intelligence or intelligence-related activity (other than a Government employee or officer) to contain provisions appropriate to the particular activity for which such document is to be used. Requires such agreement, at a minimum, to require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the Government. Requires such nondisclosure agreements to clarify that they do not bar disclosures to the Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. Authorizes an airline employee, former employee, or applicant for employment that has been discriminated against in violation of certain whistleblower protections to bring a civil action for relief in the appropriate U.S. district court.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Education Affordable Act''. SEC. 2. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS. Part B of title VII of the Higher Education Act of 1965 (20 U.S.C. 1138 et seq.) is amended-- (1) by redesignating section 745 as section 746; (2) in section 746, as redesignated by paragraph (1), by striking ``fiscal year 2009'' and inserting ``fiscal year 2018''; and (3) by inserting after section 744 the following: ``SEC. 745. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS. ``(a) Purpose.--The purpose of this section is to expand access for high school students to the opportunities offered in credit-based academic transition programs established through partnerships between high schools and institutions of higher education utilizing dual or concurrent enrollment programs or early college high school programs that enable such students to earn college credits while in high school. ``(b) Eligible Institution.--In this section, the term `eligible institution' means an institution of higher education that carries out a dual or concurrent enrollment program or an early college high school program that enables high school students to earn college credits while in high school. ``(c) Grants Authorized.--The Secretary may award grants to eligible institutions to carry out credit-based academic transition programs described in subsection (a). ``(d) Application.--An eligible institution that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible institutions that serve students from low-income families, students from rural communities, or students who are the first in their family to receive postsecondary education. ``(f) Use of Funds.--An eligible institution that receives a grant under this section shall use the grant funds-- ``(1) to carry out a dual or concurrent enrollment program or an early college high school program for high school students, through which such students while enrolled in high school are enrolled in postsecondary courses at the eligible institution, through which such students can earn college credits that can be transferred to 2-year and 4-year institutions of higher education in the State; ``(2) to provide teachers, principals, and other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through a dual or concurrent enrollment program or an early college high school program; and ``(3) to support activities such as-- ``(A) designing the curriculum and sequence of courses in collaboration with teachers from the local educational agency and faculty from the eligible institution; ``(B) establishing a course articulation process for defining and approving courses for high school and postsecondary credit or credentials for both 2-year and 4-year institutions of higher education in the State; ``(C) outreach programs to provide elementary school and secondary school students, especially those in middle grades, and their parents, teachers, school counselors, and principals information about and academic preparation for the credit-based academic transition programs described in subsection (a); ``(D) helping students meet eligibility criteria for postsecondary courses and ensuring that students understand how credits earned will transfer to institutions of higher education in the State; and ``(E) coordinating secondary and postsecondary support services and academic calendars. ``(g) Flexibility of Funds.--An eligible institution that receives a grant under this section may use grant funds for any of the costs associated with carrying out credit-based academic transition programs described in subsection (a), including the costs of-- ``(1) tuition and fees, books, and required instructional materials for such program so that students will not be required to pay tuition or fees for postsecondary courses; and ``(2) transportation to and from such program. ``(h) Evaluation and Report.--Each eligible institution receiving a grant under this section shall-- ``(1) conduct an independent evaluation of the effectiveness of the activities carried out by such eligible institution under this section; and ``(2) prepare and submit to the Secretary a report containing the results of the evaluation described in paragraph (1). ``(i) Rule of Construction.--Nothing in this section shall be construed to impose on any State or public institution of higher education any requirement or rule regarding credit-based academic transition programs described in subsection (a) that is inconsistent with State law.''.

Summary: Making Education Affordable Act This bill amends title VII (Graduate and Postsecondary Improvement Programs) of the Higher Education Act of 1965 to reauthorize through FY2018 the Fund for the Improvement of Postsecondary Education (FIPSE) program. The bill also authorizes new grants under the FIPSE program. Specifically, the Department of Education may award grants to institutions of higher education for dual or concurrent enrollment programs or early college high school programs that allow high school students to earn college credits.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Responsible Homeowners Act''. SEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Definitions.--As used in this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (3) Qualified mortgage.--The term ``qualified mortgage'' means a mortgage that-- (A) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (B) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (C) the mortgagor is current on payments due under the mortgage. (4) Refinancing mortgage.--The term ``refinancing mortgage'' means a mortgage that meets the following requirements: (A) Refinancing of qualified mortgage.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing qualified mortgage and any closing costs from the refinancing of the mortgage that the mortgagor chooses to include in the refinanced mortgage. (B) Single-family housing.--The property that is subject to the mortgage shall be the same property that is subject to the qualified mortgage being refinanced. (C) Interest rate.--The mortgage shall bear a fair rate of interest, which shall not exceed 40 basis points above the required net yield for a 60-day commitment to purchase a prime conventional conforming fixed rate mortgage as published by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation at the time the interest rate is locked in. (D) Loan to value.--The mortgage shall not be limited by the loan-to-value ratio. (E) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the qualified mortgage that is refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (F) Term to maturity.--The mortgage shall have a term to maturity of not more than 40 years from the date of the beginning of the amortization of the mortgage. (b) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise through a refinancing mortgage, and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation to purchase or guarantee the refinancing mortgage used to refinance a qualified mortgage upon the request of the mortgagee. (c) Prohibition on Loan Level Price Adjustments and Post Settlement Delivery Fees.--In carrying out the program established under this section, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall not charge the mortgagee any up-front fee beyond the standard guarantee fee for the refinancing of the qualified mortgage through the refinancing mortgage. (d) Resubordination of Second Liens.--For any servicer or creditor holding a second lien on a qualified mortgage who refuses to resubordinate that lien, thereby preventing the refinancing of the qualified mortgage, new mortgages originated by that servicer or creditor shall be ineligible for purchase or guarantee by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (e) Termination.--The requirement for an enterprise to refinance qualified mortgages under this section shall not apply to any request for refinancing made after the expiration of the 1-year period beginning on the date of the enactment of this Act. Notwithstanding the prior sentence, the Director, at his or her discretion, may extend the program established under this section, and the requirements of such program shall apply during any such extension, in 1-year increments. (f) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the program established under this section. SEC. 3. NOTICE OF THE REFINANCING PROGRAM. The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall require each servicer of a mortgage owned or guaranteed by each such enterprise to inform each borrower of such mortgage of the refinancing program authorized and established under section 2. SEC. 4. REPORT. The Director shall, as part of the monthly Foreclosure Prevention & Refinance Report published by the Director, include information on the progress of the refinancing program authorized and established under section 2.

Summary: Helping Responsible Homeowners Act - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage (and for the purchase of and securitization of such refinancing mortgages) in accordance with this Act and the policies and procedures of the Federal Housing Finance Agency. Defines a qualified mortgage as one that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence; (2) is owned or guaranteed by the particular GSE; and (3) the mortgagor is current on payments due under the mortgage. Specifies the terms and conditions of a refinancing mortgage, including a 40-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Prohibits the GSEs from charging a mortgagee any up-front fee beyond the standard guarantee fee for the refinancing of the qualified mortgage. Makes ineligible for purchase or guarantee by either GSE of any new mortgage originated by a servicer or creditor holding a second lien on a qualified mortgage who refuses to resubordinate that lien, and thereby prevents the refinancing of the qualified mortgage. Directs the GSEs to require each servicer of a mortgage owned or guaranteed by the GSE to inform each mortgage borrower of the refinancing program authorized and established under this Act.