-The known safety risks of the food manufactured, processed, packed, or held in the facility; -The compliance history of the facility; -The rigor and effectiveness of the facility's hazard analysis and risk-based preventive controls; -Whether the food at the facility meets the criteria for priority; -Whether the food at the facility has received certification; and -Any other criteria deemed necessary and appropriate by the Secretary.

-For domestic high-risk facilities, at least one inspection shall be conducted within the 5-year period following the enactment of this bill, and at least every 3 years thereafter; -For domestic non-high-risk facilities, which include all domestic facilities that are not classified as high-risk, at least one inspection shall be conducted within the 7-year period following the enactment of this bill, and at least every 5 years thereafter; -For foreign facilities, at least 600 inspections shall be conducted within 1 year following the enactment of this bill; and -For foreign facilities, twice the number of inspections conducted the previous year shall be conducted each year for 5 years, beginning the year after enactment of this bill.

-If the facility is a "very small business"; or -If the facility has average annual sales of less than $500,000.

-Establish science-based minimum standards for conducting hazard analysis, documenting hazards, implementing preventive controls and documenting the implementation of preventative controls; and -Define the terms "small business" and "very small business" as they apply to this act.

-The responsible party for each domestic facility or the United States agent for every foreign facility to cover re-inspection costs; -The responsible party for each domestic facility or an importer that does not comply with a recall order; -Importers participating in the voluntary qualified importer program to cover administrative costs; and -Each importer subject to re-inspection to cover re-inspection costs.

-Is required to obtain a permit or to register with the Secretary of the Treasury in order to do business in the United States; and -Is engaged in manufacturing, processing, packing, or holding of 1 or more alcoholic beverages.

-Establish a program for the testing of food by accredited laboratories; -Establish a publicly available registry of accredited laboratories and accreditation bodies recognized by the Secretary; and -Require, as a condition of recognition or accreditation, recognized accredited bodies to report to the Secretary any changes that might affect accreditation.

-The name of the food; -A description of the risk associated with the food; and -Information about similar articles of food that are not affected by the recall.

-Enter into agreements and arrangements with foreign governments to facilitate the inspection of foreign facilities; and -Direct resources to inspections of foreign facilities, suppliers, and food types, especially those that present a high risk, to help ensure food safety and security.

-Requires the Secretary of Health and Human Services, in the case of a mine accident, to (Sec. 101):
          -Determine why the accident occurred;
          -Determine whether any laws were violated, and if so, refer the evidence to the Attorney General; and
          -Make recommendations to avoid any recurrence of the accident.

-Requires an independent investigation by an independent investigation panel, with members appointed by the Secretary of Health and Human Services, if either of the following is true (Sec. 101):
          -The accident had 3 or more deaths; or
          -The accident was of such severity or scale for potential or actual harm that the Secretary determines the accident merits an independent investigation.

-Requires any independent investigation panel to (Sec. 101):
          -Assess and identify any factors or actions that caused or contributed to the accident;
          -Review any determinations made by the Secretary of Health and Human Services; and
          -Prepare and publish a report that includes the findings of the panel, the strengths and weaknesses of the Secretary's investigation, and any recommendations that would prevent the recurrence of the accident at other mines.

-Authorizes the Secretary, or his or her designee, to issue subpoenas for the testimony of witnesses and for the production of information related to an inspection or investigation (Sec. 102).

-Requires mine inspections to be conducted during various shifts and days of the week in which miners are normally present in the mine (Sec. 104).

-Requires a mine to be placed in a status of "pattern", meaning that it has a pattern of recurring noncompliance or accidents and is therefore subject to increased inspections of 8 per year, if it is found to have any of the following (Sec. 202):
          -Citations for significant violations;
          -Citations issued for failure to comply with health and safety standards;
          -Citations for "flagrant violations";
          -Any withdrawal orders issued;
          -Accidents and injuries; or
          -A combination of citations, orders, accidents, or injuries.

-Requires the Secretary of Health and Human Services to evaluate the performance of each mine that is placed in pattern status every 90 days to determine if (Sec. 202):
          -The rate of citations during that time is in the top performing 35th percentile of such rates for mines of similar size and type;
          -The accident and injury rates during that time are in the top performing 35th percentile of such rates for mines of similar size and type;
          -The rate of citations has been reduced by 70 percent from the date that the mine was placed in pattern status; or
          -Any citations or withdrawal orders were issued during the time frame.

-Requires the Secretary of Health and Human Services to remove a mine from pattern status if during a 1-year period (Sec. 202):
          -The rate of citations and the accident and injury rates of the mine are in the top performing 25th percentile of such rates for mines of similar size and type;
          -The rate of citations has been reduced by 80 percent from the date that the mine was placed on pattern status; and
          -No citations or withdrawal orders were issued during the time frame.

-Requires the following penalties to be issued if the provisions in the bill are violated (Secs. 302-303):
          -For operators who have not committed a previous violation, the operator shall be fined no more than $250,000, imprisoned for no more than 1 year, or both; or
          -For operators who have committed a previous violation, the operator shall be fined no more than $1 million, imprisoned for no more than 5 years, or both.

-Prohibits discharge of or discrimination against mining employees in cases where the miner or another employee, representative, or applicant for employment has (Sec. 401):
          -Made a complaint regarding a safety or health violation in a mine;
          -Testified or is about to testify before any proceeding related to mine safety or health in a mine;
          -Refused to violate any provision of the act; or
          -Refused to perform his or her duties based on a "good-faith and reasonable belief" that the performance of such duties would pose a safety or health hazard to the miner or other mine employees.

-Defines "good-faith belief" as a belief arising from circumstances in which a reasonable person concludes that there is a safety or health hazard, has communicated or attempted to communicate this concern to a mine operator, and has not received a response reasonably calculated to allay such concern (Sec. 401).

-Requires temporary reinstatement of any employee terminated as the result of a safety or health complaint while the complaint of that termination is received by the Secretary, investigated by the Secretary, and remedied by the Federal Mine Safety and Health Review Commission (Sec. 401).

-Establishes new health and safety standards that include, but are not limited to, the following (Secs. 501-507):
          -Requires that coal miners be notified of any hazardous conditions, or conditions that violate a health or safety standard;
          -Increases the maximum amount of rock dust permissible in an underground area from 65 percent to 80 percent, and increases the amount of incombustible content allowed when methane is present in a ventilating current 0.4 percent for each 0.1 percent of methane;
          -Requires the operator of an underground coal mine to take samples that measure the total incombustible content of coal dust, rock dust, and other dust in the mine; and
          -Requires the Secretary to issue regulations regarding the utilization and installation of atmospheric monitoring systems.

-Increases the federal assistance to states for development and enforcement of health and safety regulations from $10 million per fiscal year to $20 million per fiscal year (Sec. 602).

-A seal of office is used in the notarization; or -In the case of an electronic record, the seal information is associated with the electronic record in a manner that renders the record tamper-resistant.

-Financial institutions with assets of $1 billion or less, provided that such investment does not exceed 5 percent of risk-weighted assets; and -Financial institutions with assets of more than $1 billion but no more than $10 billion, provided that such investment does not exceed 3 percent of risk-weighted assets.

-Increasing the availability of credit for small businesses; -Providing funding to minority-owned eligible institutions and other institutions that serve small businesses that are owned by minorities, veterans, and women, and that serve low to moderate-income, minority, and other "underserved" or rural communities; -Protecting and increasing American jobs; -Increasing the opportunity for small business development in areas with unemployment rates that exceed the national average; -Ensuring that financial institutions may apply for capital investments without discrimination based on geography; -Providing transparency with respect to the use of funds; -Minimizing the costs to taxpayers; -Promoting and engaging in financial education to would-be borrowers; and -Providing funding to financial institutions that serve small businesses directly affected by the Deepwater Horizon oil spill, particularly states along the Gulf of Mexico.

-Provides portfolio insurance for business loans based on a separate loan-loss reserve fund for each financial institution; -Requires insurance premiums to be paid by the financial institution lenders and by the business borrowers to the reserve fund to have their loans enrolled in the reserve fund; -Provides for contributions to be made by the state to the reserve fund in amounts at least equal to the sum of the amount of the insurance premium charges paid by the borrower and the financial institution to the reserve fund for any newly enrolled loan; and -Provides its portfolio insurance solely for loans that do not exceed $5 million for borrowers that have 500 employees or less at the time the loan is enrolled in the program.

-For loans in which the balance of the financing outstanding at the time of disbursement exceeds $150,000, the rate is increased from 75 percent to 90 percent of the balance; and -For loans in which the balance of the financing outstanding at the time of disbursement is less than $150,000, the rate is increased from 85 percent to 90 percent of the balance.

-For small businesses, the limit is increased from $1.5 million or $2 million, depending on the purpose of the loan, to $5 million; -For small manufacturers, the limit is increased from $4 million to $5.5 million; -For projects that reduce a borrower's energy consumption by at least 10 percent, the limit is increased from $4 million to $5.5 million; and -For projects that generate renewable energy or renewable fuels, the limit is increased from $4 million to $5.5 million.

-$250,000 for 2008-2009; -$500,000 for 2010-2011; and -$25,000 for 2012 and subsequent taxable years.

-$800,000 for 2008-2009; -$2 million for 2010-2011; and -$200,000 for 2012 and subsequent taxable years.

-Repeals Section 9006 of HR 3590 (the "Patient Protection and Affordable Care Act"), a provision that requires corporations to report the amount of any payments (and the name and address of the recipients) made to another entity, including other corporations, in amounts that total $600 or more in any taxable year (Sec. 101).

-Repeals foreign tax credits until related income is taken into account in accordance with United States tax laws, and denies foreign tax credits with respect to foreign income not subject to United States taxation by reason of covered asset acquisitions (Sec. 201).

-Authorizes separate application of foreign tax credit limitations if an item of income would be treated as derived from sources within the United States without regard to a treaty obligation, such item would be treated as arising from sources outside the United States under a treaty obligation, and the taxpayer chooses the benefits of such treaty obligation (Sec. 203).

-Defines a foreign corporation as a member of an affiliated group for purposes related to the allocation and apportionment of interest if more than 50 percent of the corporation's gross income for the taxable year is connected with the conduct of a trade or business within the United States and at least 80 percent of either the vote or value of all its outstanding stock is owned directly or indirectly by members of the affiliated group (Sec. 206).

-The following notices handed down by the Minerals Management Service:
-"National Notice to Lessees and Operators of Federal Oil and Gas Leases, Outer Continental Shelf (OCS)," dated June 8, 2010 (NTL No. 2010-N05); and -"National Notice to Lessees and Operators of Federal Oil and Gas Leases, Outer Continental Shelf (OCS)," dated June 18, 2010 (NTL No. 2010-N06);
-Additional safety measures recommended by the Secretary; and -All required safety inspections.

-Has been eligible for emergency unemployment compensation; -The benefit year for which the individual was eligible for emergency unemployment compensation has expired; -Has remaining entitlement to emergency unemployment compensation with respect to that benefit year; and -Would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25 percent less than the weekly benefit in the aforementioned previous benefit year.

-Specific reusable grocery bags; -Epilink 701; -Specific synthetic staple fibers that are not carded, combed, or otherwise processed for spinning; -Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning, including those containing at least 85 percent by weight of acrylonitrile units; -Specific synthetic staple fibers that are not carded, combed, or otherwise processed for spinning, including those not dyed or pigmented, raw white (undyed), and those containing at least 85 percent by weight of acrylonitrile units; -Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning, containing between 2 and 3 percent of water; -Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning, not pigmented; -Acrylic or modacrylic synthetic filament tow, including those containing between 2 and 3 percent of water, and those containing 85 percent or more by weight of acrylonitrile units; -Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning, raw white (undyed); -Specific synthetic staple fibers that are not carded, combed, or otherwise processed for spinning, including those containing 85 percent or more of acrylonitrile units and those containing between 2 and 3 percent of water; -MDA50; -Nourybond 276 Modifier; -Polycaprolactone Diol #1; -Specific acrylic synthetic staple fiber containing by weight 92 percent or more of polyacrylonitril, and those combed for spinning; -Specific acrylic synthetic staple fiber dyed by not carded, combed for spinning; -Specific acrylic staple fiber; -031e-Caprolactone-2-ethyl-2-(hydroxymethyl)-1,3-propanediol polymer; -031e-Caprolactone-neopentylglycol copolymer; -Cetalox; -Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymers with 5-isocyanato-1- (isocyanatomethyl)-1,3,3-trimethylcyclohexane and reduced methyl esters of reduced polymerized, oxidized tetrafluoroethylene, compounds with trimethylamine; -Ortho-Nitro-Phenol; -Specific acrylic synthetic staple fiber, include those containing between 2 and 8 percent of water, and those containing not more than 0.01 percent of zinc; -3-Chloro-2-methylphenyl methyl sulfide; -1,3-Dimethyl-1H-pyrazol-5-ol and 1,3-Dimethyl-5-pyrazolone; -Neodymium oxide; -DMDPA; -Specific air pressure distillation columns; -nPBAL; -Primid XL-552; -Specific imaging colorants of fast yellow, cyan, fast black, and magenta; -Copper oxychloride and copper hydroxide; -DCDNBTF Benzene, 2,4-dichloro-1,3-dinitro-5-(trifluoromethyl); -Mixtures containing n-butyl-1,2-benzisothiazolin-3-one (Butyl benzisothiazline) and application adjuvants; -Mixtures containing n-butyl-1,2-benzisothiazolin-3-one, 1-hydroxypyridine-2-thione, zinc salt (Zinc pyrithione) and application adjuvants; -Bis(4-t-butylcyclohexyl) peroxydicarbonate; -Didecanoyl Peroxide; -Glycerol ester of dimerized gum; -Mixtures containing Fenoxaprop-p-ethyl, Pyrasulfotole, Bromoxynil octanoate, and Bromoxynil heptanoate; -Dry adhesive copolyamide pellets; -Liberty, Rely, and Ignite herbicides; -Cyclopropylaminonicotinic acid; -Grilbond IL 6-50%F; -Primid QM-1260; -1-Chloro-2-chloromethyl-3-fluorobenzene; -Dimerized gum; -Pyrasulfotole; -Helional; -Porous hollow fibers; -Cellular plastic sheets for filters; -Certain Woven Mesh for Use in Filters; -Plastic fittings of perfluoroalkoxy; -2-Hydroxypropylmethyl cellulose; -Mixtures containing 2,4,6-Tripropyl-1,3,5,2,4,6-trioxatriphosphinane 2,4,6-trioxide; -Dilauroyl peroxide; -4-Chloro-3,5-dinitro-a,a,a-trifluorotoluene; -Yarn of carded hair of Kashmir (cashmere) goats, of yarn count less than 19.35 metric, not put up for retail sale; -Yarn of carded camel hair; -Specific laundry work surfaces; -Specific mixtures of perfluorocarbons; -Specific perfluorocarbon morpholines; -Specific perfluoroamines; -Specific perfluoroalkanes; -Perfluorobutanesulfonyl fluoride; -Grilamid TR 90; and -Stainless steel single-piece exhaust gas manifolds.

-1.2 percent for specific acrylic synthetic staple fiber; -0.3 percent for specific imaging colorants, including Black 661 inkjet printing ink, Black 820 inkjet printing ink, Cyan 854 inkjet printing ink, Cyan 1 RO inkjet printing ink, Cyan 226 inkjet printing ink, Black 263 inkjet printing ink, Cyan 9075 inkjet printing ink, Yellow 1 Stage inkjet printing ink, Fast Black 286 inkjet printing ink, Magenta 3BOA inkjet printing ink, and Yellow 746 inkjet printing ink; -1.9 percent for corvus herbicide; -3.5 percent for evergol; -1.8 percent for over-the-range microwaves; -5.4 percent for N-phenyl-p-phenylenediamine; -3.3 percent for AE 0172747 ether; and -0.6 percent for stainless steel single-piece exhaust gas manifolds.

-For single-family dwellings, from $250,000 to $335,000; -For contents related to single-family dwellings, from $100,000 to $135,000; and -For business properties owned or leased and operated by "small business concerns" and church properties, including coverage for contents related to such properties, from $500,000 to $670,000.

-For the first year, 20 percent of the chargeable risk premium rate otherwise applicable; -For the second year, 40 percent of the chargeable risk premium rate otherwise applicable; -For the third year, 60 percent of the chargeable risk premium rate otherwise applicable; -For the fourth year, 80 percent of the chargeable risk premium rate otherwise applicable; and -For the fifth year, 100 percent of the chargeable risk premium rate otherwise applicable.

-For any structure constructed or underwent substantial improvement on or before December 31, 1974:
-$1,500 if the coverage is equal to or less than $100,000; and -$2,000 if the coverage is greater than $100,000;
-For any structure constructed or underwent substantial improvement after December 31, 1974:
-$750 if the coverage is equal to or less than $100,000; and -$1,000 if the coverage is equal to or greater than $100,000.

-Assisting individuals insured under the program in resolving problems with FEMA; -Identifying areas in which individuals insured under the program have problems in dealing with the agency related to such problem; -Identifying potential legislative, administrative, or regulatory changes which may be appropriate to mitigate the aforementioned problems; -Assisting communities and homeowners with interpreting, implementing, and appealing floodplain maps and floodplain map determination; -Facilitating the sharing of the "best-practices" of FEMA amongst all offices of the agency with respect to the creation and updating of floodplain maps; -Performing economic impact analyses for communities on the economic impact of floodplain maps and floodplain map determinations on small businesses, lending, real estate development, and other economic indicators with the community; -Establishing a national arbitration panel regarding flood map modernization; -Establishing a process under which scientific and engineering data will be made publicly available to individuals impacted by flood map revisions; -Establishing a process under which communities impacted by flood map revision will be provided an open community forum to consult with and ask questions of representatives of FEMA; and -Identifying ways to assist communities in efforts to fund the accreditation of flood protection systems.

-Approval must be granted by the following entities in the manner specified in order to recommend the beginning of the liquidation process:
-For "general cases," a 2/3 vote by the Board of Governors of the Federal Reserve and a 2/3 vote by the Board of Directors of the FDIC; -For cases involving brokers or dealers, a 2/3 vote by the Board of Governors of the Federal Reserve System and a 2/3 vote by the members of the SEC; or -For cases involving insurance entities, a 2/3 vote by the Board of Governors of the Federal Reserve and affirmative approval by the Director of the Federal Insurance Office;
-The Secretary of the Treasury, in consultation with the President, must make certain findings, including, but not limited to, the following:
-The financial entity is in default or in danger of default; -The failure of the entity and its resolution under otherwise applicable law would have "serious adverse effects" on financial stability in the United States; and -No "viable" private sector alternative is available to prevent default;
-The board of directors (or similar body) of the financial entity must indicate its approval or disapproval of the appointment of the FDIC as receiver, after which the following will occur:
-If the board of directors or similar body approves, the Secretary of the Treasury shall appoint the FDIC as receiver; or -If the board of directors or similar body disapproves, the Secretary of the Treasury shall petition the U.S. District Court for the District of Columbia for an order authorizing the appointment of the Corporation as receiver.

-If it finds that the determination that the financial entity is in default or in danger of default and satisfies the relevant legal definition of a financial entity is not "arbitrary and capricious," the Court shall issue an order authorizing the receivership; -If it finds that the determination that the financial entity is in default or in danger of default and satisfies the relevant legal definition of a financial entity is "arbitrary and capricious," the Court shall provide to the Secretary a written statement of each reason supporting its determination, and allow the Secretary an "immediate" opportunity to amend and re-file the petition; or -If the Court does not make a determination within 24 hours of receipt of the petition, the petition shall be granted by operation of law and the Secretary shall appoint the FDIC as receiver.

-Creditors and shareholders will bear the losses of the financial entity; -Management and members of the board of directors (or similar body) responsible for the condition of the financial entity will not be retained; and -The FDIC and other appropriate agencies will take "all steps necessary and appropriate" to assure that all parties, including management, directors, and third parties, bear losses "consistent with their responsibility," including actions for damages, restitution, and recoupment of compensation and other gains not compatible with such responsibility.

-Take over the assets of and operate the entity with all of the powers of the members, shareholders, directors, and officers of the financial entity; -Conduct all business of the covered financial entity; -Collect all obligations and money owed to the financial entity; -Perform all functions of the financial entity, in the name of the financial entity; -Manage the assets and property of the financial entity, consistent with "maximization of the value of the assets;" and -Provide by contract for assistance in fulfilling any function, activity, action, or duty of the FDIC as receiver.

-An amount that is equal to 10 percent of the total consolidated assets of the financial entity; and -The amount that is equal to 90 percent of the fair value of the total consolidated assets of each financial entity that are available for repayment.

-Is an option for a purchase or sale of, among other things, currencies, commodities, securities, or any other financial or economic interests or properties; -Provides for any purchase, sale, payment, or delivery that is dependent on an event occurring or not occurring with a potential financial, economic, or commercial consequence; and -That provides for the exchange of 1 or more payments based on the value of 1 or more financial or economic interests, properties (or related interest) that transfers the financial risk associated with a future change in any value without also conveying direct or indirect ownership interest in an asset or liability that incorporates the financial risk.

-Accepting data prescribed by the Commission, and confirming the accuracy of the data submitted; -Providing direct electronic access to the data for the Commission; -Establishing automated systems for the monitoring, screening, and analysis of swap data; and -Maintaining the privacy of all swap transaction information.

-Monitor its trading of security-based swaps to prevent violations of position limits; -Establish risk management systems for managing its day-to-day activities; -Disclose to the CFTC and the prudential regulator information regarding the terms and conditions of its security-based swaps, operations, mechanisms and practices of swap trading, and financial integrity protections relating to swaps; -Provide any requested information to the CFTC; and -Implement structural and institutional safeguards against conflict of interest.

-Monitor all aspects of the insurance industry; -Monitor the extent to which "underserved communities" and low-income individuals have access to affordable insurance; -Recommend to the Financial Stability Oversight Council that it designate an insurer as an entity subject to regulation as a non-blank financial company; -Assist in administering the Terrorism Insurance Program established in the Department of Treasury; -Coordinate federal efforts and develop policy on prudential aspects of international insurance matters; -Determine if State insurance measures are preempted by covered agreements; -Consult with States regarding national and international insurance matters; -Perform any other duties and authorities assigned by the Secretary of the Treasury; -Advise the Secretary of the Treasury on major domestic and international insurance policy issues; and -Have the Director serve in an advisory capacity on the Financial Stability Oversight Council.

-Impose eligibility requirements on nonadmitted insurers in a United States jurisdiction unless the State has adopted nationwide uniform requirements, forms, and procedures; or -Prohibit a surplus lines broker from placing nonadmitted insurance with, or procuring nonadmitted insurance from, a nonadmitted insurer outside the United States that is listed on the Quarterly Listing of Alien Insurers.

-Ensuring consumers are provided with "timely and understandable" information to make "responsible" decisions about financial transactions; -Ensuring consumers are protected from discrimination and "unfair, deceptive, or abusive" acts and practices; -Ensuring that "outdated, unnecessary, or unduly burdensome" regulations are regularly identified and addressed in order to reduce "unwarranted regulatory burdens"; -Ensuring that federal consumer financial laws are enforced consistently; -Ensuring that markets for consumer financial products and services operate "transparently and efficiently" to facilitate access to innovation; -Conducting financial education programs; -Collecting, investigation, and responding to consumer complaints; -Collecting, researching, monitoring, and publishing information relevant to the functioning of markets for consumer financial protection and identifying risks to consumers; -Supervising financial entities for compliance with federal consumer financial law, and taking appropriate enforcement action; -Issuing rules, orders, and guidance in implementing federal consumer financial law; and -Performing support activities as may be necessary or useful to facilitate other functions of the Bureau.

-Provide oversight and enforcement of Federal laws that ensure fair, equitable and nondiscriminatory access to credit; -Coordinate "fair lending efforts"; -Work with private industry, fair lending, civil rights, consumer and community advocates on the promotion of fair lending compliance and education; and -Provide reports to Congress on the Bureau's efforts to fulfill its fair lending mandate.

-10 percent for fiscal year 2010-2011; -11 percent for fiscal year 2011-2012; and -12 percent for fiscal year 2012-2013 and each year fiscal year thereafter.

-Credit history; -Current income; -Expected income; -Current obligations; -Debt-to-income ratio, or the residual income the consumer will have after paying non-mortgage debt and mortgage-related obligations; -Employment status; and -Other financial resources other than equity in the dwelling or property that secures repayment of the loan.

-W-2 forms; -Tax returns; -Payroll receipts; -Financial institution records; or -Other third-party documents that provide "reasonably reliable" evidence of the consumer's income or assets.

-Directing any consumer to a residential mortgage that the consumer lacks a "reasonable ability" to pay; -Directing any consumer to a residential mortgage that has "predatory characteristics," including "equity stripping, excessive fees, or abusive terms"; -Directing any consumer from a residential mortgage for which the consumer is qualified that is a qualified mortgage to a residential mortgage loan that is not a qualified mortgage; -Engaging in lending practices that promote disparities among consumers of equal credit worthiness but of different race, ethnicity, gender, or age; -Mis-characterizing the credit history of a consumer or the residential mortgage loans available to a consumer; -Mischaracterizing, or inducing the mis-characterization of the appraised value of the property securing the extension of credit; and -Discouraging a consumer from seeking a residential mortgage loan secured by a consumer's principal dwelling from another mortgage originator if the mortgage originator is unable to suggest, offer, or recommend to a consumer a loan that is not more expensive than a loan for which the consumer qualifies.

-1.5 or more percentage points for a first lien residential mortgage loan having an original principal obligation amount that does not exceed the amount of the maximum limitation on the original principal obligation; -2.5 or more percentage points for a first lien residential mortgage loan having an original principal obligation amount that does exceed the amount of the maximum limitation on the original principal obligation; or -3.5 or more percentage points for a subordinate lien residential mortgage loan.

-Appraisals of property offered as security for repayment of the consumer credit transaction that is conducted in connection with such transaction in which an individual with an interest in the underlying transaction compensates, coerces, extorts, colludes, instructs, induces, bribes, or intimidates an individual, appraisal management company, firm, or other entity conducting or involved in an appraisal, or an attempt thereof; -Mischaracterizing, or inducing any mischaracterization of, the appraised value of the property securing the extension of credit; -Seeking to influence an appraiser or otherwise to encourage a targeted value in order to facilitate the making or pricing of the transaction; and -Withholding or threatening to withhold timely payment for an appraisal report or for appraisal services rendered when the appraisal report or services are provided for in accordance with the contract between the parties.

-The nature of the operations and the risks borne by the utility; -The financial and operational risks posed by the utility to financial institutions, critical markets, or the broader financial system; -The resources and capabilities of the utility to monitor and control risks; -The "safety and soundness" of the utility; and -The utility's compliance with Title VIII of this bill ("Payment, Clearing, and Settlement Supervision") and the rules and orders prescribed under Title VIII.

-The nature and scope of the designated activities engaged in by the institution; -The financial and operational risks the activities may pose to the "safety and soundness" of the financial institution; -The financial and operational risks the activities may pose to other financial institutions, "critical" markets, or the broader financial system; -The resources and capabilities of the financial institution to monitor and control the risks described in the previous 2 subhighlights; and -The financial institution's compliance with Title VIII of this bill and the rules and orders prescribed under Section 805(a) (regarding risk management standards for "systemically important" activities).

-An action engaged in or "contemplated by" the utility poses an imminent risk of substantial harm to financial institutions, critical markets, or the broader financial system of the United States; or -The condition of the utility poses an imminent risk of substantial harm to financial institutions, critical markets, or the broader financial system.

-The organization's conduct of business as it relates to its own policies, procedures, and rating methodologies; -Conflict of interest management by the organization; -The implementation of ethics policies by the organization; -The internal supervisory controls of the organization; -The governance of the organization; -The activities of the individual designated by the organization to administer certain policies and procedures and to ensure compliance with securities laws, rules and regulations; -The processing of complaints by the organization; and -Policies of the organization governing the post-employment activities of former staff.

-Conduct a "reasonable" investigation of the rated security with regards to the factual elements relied upon by its own methodology for evaluating credit risk; or -Obtain "reasonable" verification of such factual elements from other sources, independent of the issuer and underwriter, that the credit rating agency considered to be competent.

-No less than 5 percent of the credit risk for any such asset that:
-Is not a qualified residential mortgage; or -Is a qualified residential mortgage, if 1 or more of the assets that collateralize the asset- backed security are not qualified residential mortgages; or
-Less than 5 percent of the credit risk for any such asset that is not a qualified residential mortgage if the originator of the asset meets the underwriting standards established by the federal banking agencies that specify the terms, conditions, and characteristics of a loan that indicate a low credit risk.

-Designed to provide liquidity to the financial system; -Not for the purpose of aiding a failing financial company; -The security for loans is sufficient to protect taxpayers from losses; and -The program is terminated in a "timely and orderly fashion."

-Financial institutions with assets of $1 billion or less, provided that such investment does not exceed 5 percent of risk-weighted assets; and -Financial institutions with assets of more than $1 billion but less than $10 billion, provided that such investment does not exceed 3 percent of risk-weighted assets.

-Increasing the availability of credit for small businesses; -Providing funding to minority-owned eligible institutions and other institutions that serve small businesses that are owned by minorities, veterans, and women, and that serve low to moderate-income, minority, and other "undeserved" or rural communities; -Protecting and increasing American jobs; -Increasing the opportunity for small business development in areas with unemployment rates that exceed the national average; -Ensuring that financial institutions may apply for capital investments without discrimination based on geography; -Providing transparency with respect to the use of funds; -Minimizing the costs to taxpayers; -Promoting and engaging in financial education to would-be borrowers; and -Providing funding to financial institutions that serve small businesses directly affected by the Deepwater Horizon oil spill, particularly states along the Gulf of Mexico.

-Provides portfolio insurance for business loans based on a separate loan-loss reserve fund for each financial; -Requires insurance premiums be paid by the financial institution lenders and by the business borrowers to the reserve fund to have their loans enrolled in the reserve fund; -Provides for contributions to be made by the state to the reserve fund in amounts at least equal to the sum of the amount of the insurance premium charges paid by the borrower and the financial institution to the reserve fund for any newly enrolled loan; and -Provides its portfolio insurance solely for loans that do not exceed $5 million for borrowers that have 500 employees or less at the time the loan is enrolled in the program.

-The likelihood that the applicant will meet the goals of the business plan; -The likelihood that the investments will create or preserve jobs, both directly and indirectly; -The character, fitness, experience, and background of the management of the applicant; -The extent to which the applicant will concentrate investment activities on early-stage small businesses; -The likelihood that the applicant will achieve profitability; -The experience of the management of the applicant with respect to establishing a profitable investment track record; and -The extent to which the applicant will concentrate investment activities on small business concerns in targeted industries.

-Agricultural technology; -Energy technology; -Environmental technology; -Life science; -Information technology; -Digital media; -Clean technology; -Defense technology; and -Photonics technology.

-The "Supplemental Appropriations Act, 2008;" -The "Assistance for Unemployed Workers and Struggling Families Act;" and -The "Unemployment Compensation Extension Act of 2008."