In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Access to Credit Act of 
2010''.

SEC. 2. BUSINESS AND INDUSTRY DIRECT AND GUARANTEED LOANS.

    (a) Tangible Equity Requirements.--Section 310B(d) of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(d)) is 
amended by striking paragraph (6) and inserting the following:
            ``(6) Equity.--In the case of direct or guaranteed loans 
        under this section, the Secretary shall use commercial lending 
        standards in determining any equity requirement.''.
    (b) General Terms.--Section 310B(g) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 1932(g)) is amended by adding at the 
end the following:
            ``(10) General terms.--
                    ``(A) Maximum loan guarantee amount.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this Act, during the period 
                        beginning on the date of enactment of this 
                        paragraph and ending on December 31, 2011, the 
                        Secretary shall guarantee up to 90 percent of a 
                        business and industry loan in an amount of up 
                        to $10,000,000 that is a high priority project, 
                        as determined based on published criteria of 
                        the Secretary that includes rural economic 
                        factors.
                            ``(ii) Subsequent fiscal years.--
                        Notwithstanding any other provision of this 
                        Act, beginning on January 1, 2012, the 
                        Secretary may guarantee up to 80 or 90 percent 
                        (as determined by the Secretary) of a business 
                        and industry loan in an amount of up to 
                        $10,000,000 that is a high priority project, as 
                        determined based on criteria described in 
                        clause (i).
                    ``(B) Line-of-credit loans.--In guaranteeing 
                business and industry loans, the Secretary shall 
                guarantee line-of-credit loans in accordance with 
                section 316(c).
                    ``(C) Refinancing.--
                            ``(i) In general.--A business and industry 
                        loan may be used by a small business to 
                        refinance debt in existence as of the day 
                        before the date on which the loan was made or 
                        guaranteed, if--
                                    ``(I) the project for which the 
                                debt was incurred is viable and will 
                                create or save jobs, as determined by 
                                the Secretary; and
                                    ``(II) as of the date of 
                                application for refinancing--
                                            ``(aa) the underlying loan 
                                        has been current for at least 1 
                                        year; and
                                            ``(bb) the lender is 
                                        providing better rates and 
                                        longer terms than under the 
                                        original loan.
                            ``(ii) Subordinated owner debt.--
                        Subordinated owner debt shall not be eligible 
                        for inclusion in debt described in clause (i).
                    ``(D) Audit standards.--Notwithstanding any other 
                provision of law, the Secretary--
                            ``(i) shall not require audited financial 
                        statements consistent with generally accepted 
                        accounting principles for business and industry 
                        loans of less than $1,000,000; and
                            ``(ii) may waive any requirement for 
                        audited financial statements consistent with 
                        generally accepted accounting principles for 
                        business and industry loans of at least 
                        $1,000,000.
                    ``(E) Calculation of delinquency rates.--To allow 
                accurate comparison of delinquency rates among Federal 
                agencies, in calculating the delinquency rate for 
                business and industry loans, the Secretary shall use 
                the calculation method used by the Administrator of the 
                Small Business Administration.''.
    (c) Sense of Congress Relating to the Rural Microentrepreneur 
Assistance Program.--It is the sense of Congress that in allocating 
discretionary funds of the Secretary of Agriculture, the Secretary of 
Agriculture should give priority to the rural microentrepreneur 
assistance program established under section 379E of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 2008s).
    (d) Budgetary Effects.--The budgetary effects of this Act, for the 
purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, 
shall be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for 
printing in the Congressional Record by the Chairman of the Senate 
Budget Committee, provided that such statement has been submitted prior 
to the vote on passage.
Rural Access to Credit Act of 2010 - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture (USDA) to use commercial lending standards in determining equity requirements for rural entity direct or guaranteed loans.

Directs the Secretary, through December 31, 2011, to guarantee up to 90% of high priority business and industry loans up to $10 million. Authorizes the Secretary, beginning on January 1, 2012, to guarantee up to 80% or 90% of high priority business and industry loans up to $10 million. Directs the Secretary to guarantee related line-of-credit loans.

Authorizes business and industry loans to be used for refinancing.

Waives audit requirements for business and industry loans under $1 million. Authorizes audit waiver for loans of at least $1 million.

Directs the Secretary to use the Small Business Administration (SBA) calculation method in calculating the delinquency rate for business and industry loans.

Expresses the sense of Congress that in allocating discretionary funds the Secretary should give priority to the rural microentrepreneur assistance program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness to Local Contractors Act''.

SEC. 2. ENHANCEMENT OF STATE ENFORCEMENT OF STATE TAX, EMPLOYMENT, AND 
              LICENSING LAWS AGAINST CONSTRUCTION CONTRACTORS.

    (a) Requirement for State Tax Clearance From Potential Construction 
Contractors.--
            (1) Defense contracts.--Section 2305(b) of title 10, United 
        States Code, is amended by adding at the end the following new 
        paragraph:
    ``(10) In order to be considered a responsible bidder or offeror 
for a contract for the construction of a public building, facility, or 
work, a bidder or offeror shall submit with the bid or offer a tax 
clearance from the State in which the contract is to be performed. For 
purposes of this paragraph, a tax clearance is a document from an 
appropriate State agency indicating that the bidder or offeror is in 
compliance with all the tax laws of the State in which the contract is 
to be performed.''.
            (2) Civilian agency contracts.--Section 303B of title III 
        of the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 253b) is amended by adding at the end the following 
        new subsection:
    ``(n) Tax Clearance.--In order to be considered a responsible 
bidder or offeror for a contract for the construction of a public 
building, facility, or work, a bidder or offeror shall submit with the 
bid or offer a tax clearance from the State in which the contract is to 
be performed. For purposes of this paragraph, a tax clearance is a 
document from an appropriate State agency indicating that the bidder or 
offeror is in compliance with all the tax laws of the State in which 
the contract is to be performed.''.
    (b) Requirement To Withhold Final Contract Payment Until Receipt of 
State Tax Clearance and Certification of Compliance With Employment 
Laws From Contractor.--
            (1) Defense contracts.--Section 2307 of title 10, United 
        States Code, is amended by adding at the end the following new 
        subsection:
    ``(j) Requirement To Withhold Final Payment.--(1) The head of an 
agency shall withhold final payment under a contract for the 
construction of a public building, facility, or work until the 
contractor submits to the agency both of the following:
            ``(A) A tax clearance from the State in which the contract 
        is or was performed.
            ``(B) A certification stating that the contractor is in 
        compliance (or was in compliance during the performance of the 
        contract) with all applicable State laws that require employers 
        to make payments to or for the benefit of employees, including 
        laws relating to unemployment insurance, workers compensation, 
        health insurance, and disability insurance.
    ``(2) For purposes of this subsection, a tax clearance is a 
document from an appropriate State agency indicating that the 
contractor is or was in compliance with all the tax laws of the State 
in which the contract is or was performed.''.
            (2) Civilian agency contracts.--Section 305 of title III of 
        the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 255) is amended by adding at the end the following 
        new subsection:
    ``(h) Requirement To Withhold Final Payment.--(1) The head of an 
executive agency shall withhold final payment under a contract for the 
construction of a public building, facility, or work until the 
contractor submits to the agency both of the following:
            ``(A) A tax clearance from the State in which the contract 
        is or was performed.
            ``(B) A certification stating that the contractor is in 
        compliance (or was in compliance during the performance of the 
        contract) with all applicable State laws that require employers 
        to make payments to or for the benefit of employees, including 
        laws relating to unemployment insurance, workers compensation, 
health insurance, and disability insurance.
    ``(2) For purposes of this subsection, a tax clearance is a 
document from an appropriate State agency indicating that the 
contractor is or was in compliance with all the tax laws of the State 
in which the contract is or was performed.''.
    (c) Authority To Withhold Payment to Contractor of Amounts 
Necessary To Meet State Tax Obligations.--
            (1) Defense contracts.--Section 2307 of title 10, United 
        States Code, is further amended by adding at the end the 
        following new subsection:
    ``(k) Authority To Withhold Payment To Meet State Tax 
Obligations.--The head of an agency may withhold, from any payment due 
to a contractor under a contract made by the agency for the 
construction of a public building, facility, or work, an amount 
considered necessary by the head of the agency to pay to the State in 
which the contract is being performed the amount of the contractor's 
State tax liability that is attributable to the contract. The head of 
the agency that so withholds a payment may, upon request of the State 
in which the contract is being performed and with such documentation as 
the head of the agency considers necessary, pay such tax liability 
amount directly to the State from the withheld payment. Any amount of a 
withheld payment that exceeds the actual State tax liability amount 
shall be paid to the contractor.''.
            (2) Civilian agency contracts.--Section 305 of title III of 
        the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 255) is further amended by adding at the end the 
        following new subsection:
    ``(i) Authority To Withhold Payment To Meet State Tax 
Obligations.--The head of an executive agency may withhold, from any 
payment due to a contractor under a contract made by the agency for the 
construction of a public building, facility, or work, an amount 
considered necessary by the head of the agency to pay to the State in 
which the contract is being performed the amount of the contractor's 
State tax liability that is attributable to the contract. The head of 
the executive agency that so withholds a payment may, upon request of 
the State in which the contract is being performed and with such 
documentation as the head of the agency considers necessary, pay such 
tax liability amount directly to the State from the withheld payment. 
Any amount of a withheld payment that exceeds the actual State tax 
liability amount shall be paid to the contractor.''.
    (d) Requirement for Construction Contractors To Obtain Applicable 
State Licenses.--
            (1) Defense contracts.--(A) Chapter 141 of title 10, United 
        States Code, is amended by adding at the end the following new 
        section:
``Sec. 2410n. Construction contracts: requirement to obtain applicable 
              State licenses
    ``The Secretary of Defense shall require, in any contract entered 
into by the Secretary for the construction of a public building, 
facility, or work which is to be performed in a State that requires 
persons performing the type of work to be performed under the contract 
to be licensed, that the contractor be so licensed.''.
    (B) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2410n. Construction contracts: requirement to obtain applicable State 
                            licenses.''.
            (2) Civilian agency contracts.--Title III of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 251 
        et seq.) is amended by adding at the end the following new 
        section:

``SEC. 318. CONSTRUCTION CONTRACTS: REQUIREMENT TO OBTAIN APPLICABLE 
              STATE LICENSES.

    ``The head of an executive agency shall require, in any contract 
entered into by the agency for the construction of a public building, 
facility, or work which is to be performed in a State that requires 
persons performing the type of work to be performed under the contract 
to be licensed, that the contractor be so licensed.''.
    (e) Requirement To Explain Hawaii Excise Tax in Federal Acquisition 
Regulation.--The Federal Acquisition Regulation shall be revised to 
contain provisions explaining the general excise tax law of the State 
of Hawaii.
    (f) Effective Date.--The amendments made by this Act shall apply 
with respect to contracts entered into after the date of the enactment 
of this Act.
Fairness to Local Contractors Act - Amends the Federal Property and Administrative Services Act of 1949 and defense contract law to require a bidder or offeror, to be considered a responsible bidder or offeror for the construction of a public building, facility, or work, to submit a tax clearance (a document stating that such entity is in compliance with all State tax laws) from the State in which the contract is to be performed. Requires the head of a Federal or defense agency to withhold the final payment under such a contract until the contractor submits both a tax clearance and a certification of compliance with all State laws concerning payments to employees under a contract, including unemployment insurance, workers compensation, health insurance, and disability insurance.

Authorizes the head of a Federal or defense agency to: (1) withhold from any contractor payments amounts necessary to pay any State tax liability attributable to the contract; and (2) pay such amount directly to such State.

Directs the Secretary of Defense or agency head to require a contractor to be licensed if the State in which a construction contract is to be performed requires a license.

Requires revision of the Federal Acquisition Regulation to explain the general excise tax law of Hawaii.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``10th Amendment Regulatory Reform 
Act''.

SEC. 2. FINDINGS.

    The Congress finds:
            (1) The 10th article of amendment to the Constitution of 
        the United States (hereinafter in this section referred to as 
        the ``10th Amendment'') , ratified on December 15, 1791, 
        states, ``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 of America and each sovereign State in the Union 
        of States, now have, and have always had, rights the Federal 
        Government may not usurp.
            (9) It is the responsibility of Congress 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) To Submit a Legal Brief.--During any period when a proposed 
Federal rule is required under chapter 5, title 5, United States Code, 
to be open for public comment, any designated State official may file 
with the head of the agency proposing the rule a legal brief 
challenging the constitutionality of the proposed rule under the 10th 
article of amendment to the Constitution.
    (b) Duty of Federal Official To Post Link to the Brief.--The head 
of the Federal agency proposing the rule shall prominently post on the 
agency's primary Web page, in such a manner that it is immediately 
noticeable to those who visit that Web site, a link to each brief 
submitted under subsection (a).
    (c) Response by Federal Agency.--Unless the Federal agency 
determines not to carry into effect the proposed rule, not later than 
15 days after posting the link under subjection (a), the head of that 
agency shall--
            (1) certify in writing that, in the opinion of that head, 
        such rulemaking does not violate the 10th article of amendment 
        to the Constitution and include in that certification a full 
        and complete written statement of the legal reasoning 
        supporting that opinion; and
            (2) prominently post the certification on the front page of 
        the agency's Web site next to the legal briefs pertaining to 
        that rule posted under subsection (b).
    (d) Notice to Other States' Officials.--Not later than 15 days 
after a designated State official submits a brief under this section, 
the head of the agency proposing the rule shall give notice to each 
designated State official of each State that the brief was filed.
    (e) Venue and Jurisdiction of Legal Actions by State Officials.--If 
a designated State official decides to commence legal action against a 
proposed or final Federal rule on the grounds that the rule violates 
the 10th article of amendment to the Constitution, in addition to any 
other venue or jurisdiction that may be provided by law, the official 
may elect to file the action in the United States district court for 
the district in which the official's place of business is located, 
which shall be a proper venue for the case and the court shall have 
jurisdiction to hear and determine it.
    (f) Expedited Appeal.--Upon the request of a designated State 
official who is a party in the case, the relevant United States Court 
of Appeals shall grant expedited review of a decision by a district 
court in any case that could have been brought under subsection (e).
    (g) Definitions.--As used in this section--
            (1) 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 and
            (2) the term ``legislative leader'' means a speaker, 
        majority leader, or minority leader, of the State legislature 
        or any House thereof.

10th Amendment Regulatory Reform Act - Authorizes a designated state official to file with the head of a federal agency proposing a rule, during the period when the proposed rule is required to be open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment.

Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief is filed; (2) to post prominently on the agency's primary Web page 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 front page of the agency's website, unless the agency determines it will not put the proposed rule into effect.

Authorizes a state official who decides to challenge a federal rule on the grounds that it violates the Tenth Amendment to elect to file a legal action in U.S. district court for the district in which the official's place of business is located. Directs the relevant U.S. Court of Appeals, at the request of a designated state official, to grant expedited review of a decision by a district court in such a case.