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Q: SECTION 1. JUDICIAL STRUCTURE OF GUAM.

(a) Judicial Authority; Courts.--Section 22(a) of the Organic Act
of Guam (48 U.S.C. 1424(a)) is amended to read as follows:
''(a)(1) The judicial authority of Guam shall be vested in a court
established by Congress designated as the 'District Court of Guam', and
a judicial branch of Guam which branch shall constitute a unified
judicial system and include an appellate court designated as the
'Supreme Court of Guam', a trial court designated as the 'Superior
Court of Guam', and such other lower local courts as may have been or
shall hereafter be established by the laws of Guam.
''(2) The Supreme Court of Guam may, by rules of such court, create
divisions of the Superior Court of Guam and other local courts of Guam.
''(3) The courts of record for Guam shall be the District Court of
Guam, the Supreme Court of Guam, the Superior Court of Guam (except the
Traffic and Small Claims divisions of the Superior Court of Guam) and
any other local courts or divisions of local courts that the Supreme
Court of Guam shall designate.''.
(b) Jurisdiction and Powers of Local Courts.--Section 22A of the
Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows:
''Sec. 22A. (a) The Supreme Court of Guam shall be the highest
court of the judicial branch of Guam (excluding the District Court of
Guam) and shall--
''(1) have original jurisdiction over proceedings necessary
to protect its appellate jurisdiction and supervisory authority
and such other original jurisdiction as the laws of Guam may
provide;
''(2) have jurisdiction to hear appeals over any cause in
Guam decided by the Superior Court of Guam or other courts
established under the laws of Guam;
''(3) have jurisdiction to issue all orders and writs in
aid of its appellate, supervisory, and original jurisdiction,
including those orders necessary for the supervision of the
judicial branch of Guam;
''(4) have supervisory jurisdiction over the Superior Court
of Guam and all other courts of the judicial branch of Guam;
''(5) hear and determine appeals by a panel of three of the
justices of the Supreme Court of Guam and a concurrence of two
such justices shall be necessary to a decision of the Supreme
Court of Guam on the merits of an appeal;
''(6) make and promulgate rules governing the
administration of the judiciary and the practice and procedure
in the courts of the judicial branch of Guam, including
procedures for the determination of an appeal en banc; and
''(7) govern attorney and judicial ethics and the practice
of law in Guam, including admission to practice law and the
conduct and discipline of persons admitted to practice law.
''(b) The Chief Justice of the Supreme Court of Guam--
''(1) shall preside over the Supreme Court unless
disqualified or unable to act;
''(2) shall be the administrative head of, and have general
supervisory power over, all departments, divisions, and other
instrumentalities of the judicial branch of Guam; and
''(3) may issue such administrative orders on behalf of the
Supreme Court of Guam as necessary for the efficient
administration of the judicial branch of Guam.
''(c) The Chief Justice of the Supreme Court of Guam, or a justice
sitting in place of such Chief Justice, may make any appropriate order
with respect to--
''(1) an appeal prior to the hearing and determination of
that appeal on the merits; or
''(2) dismissal of an appeal for lack of jurisdiction or
failure to take or prosecute the appeal in accordance with
applicable laws or rules of procedure.
''(d) Except as granted to the Supreme Court of Guam or otherwise
provided by this Act or any other Act of Congress, the Superior Court
of Guam and all other local courts established by the laws of Guam
shall have such original and appellate jurisdiction over all causes in
Guam as the laws of Guam provide, except that such jurisdiction shall
be subject to the exclusive or concurrent jurisdiction conferred on the
District Court of Guam under section 22 of this Act.
''(e) The qualifications and duties of the justices and judges of
the Supreme Court of Guam, the Superior Court of Guam, and all other
local courts established by the laws of Guam shall be governed by the
laws of Guam and the rules of such courts.''.
(c) Technical Amendments.--(1) Section 22C(a) of the Organic Act of
Guam (48 U.S.C. 1424-3(a)) is amended by inserting ''which is known as
the Supreme Court of Guam,'' after ''appellate court authorized by
section 22A(a) of this Act,''.
(2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d))
is amended--
(A) by inserting '', which is known as the Supreme Court of
Guam,'' after ''appellate court provided for in section 22A(a)
of this Act''; and
(B) by striking ''taken to the appellate court'' and
inserting ''taken to such appellate court''.

SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.

Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is
amended by striking '': Provided, That'' and all that follows through
the end and inserting a period.

A: Amends the Organic Act of Guam to revise the local judicial structure of Guam to vest judicial authority, not only in the District Court of Guam (as currently), but also in a unified judicial system composed of: (1) an appellate court designated as the "Supreme Court of Guam"; (2) a trial court designated as the "Superior Court of Guam"; and (3) such other lower local courts as may have been or may hereafter be established by the laws of Guam.

Authorizes the Supreme Court of Guam to create divisions of the Superior Court and other local courts of Guam.Lists the courts of record for Guam.Outlines the jurisdiction and powers of the local courts.Provides that the qualifications and duties of the justices and judges of the courts shall be governed by the laws of Guam and the rules of such courts.Repeals provisions granting the United States Court of Appeals for the Ninth Circuit jurisdiction to review all final decisions of the Supreme Court of Guam (effectively allowing direct review of such decisions to the Supreme Court of the United States).
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Q: SECTION 1. SHORT TITLE; REFERENCES TO HIGHER EDUCATION ACT OF 1965.

(a) Short Title.--This Act may be cited as the ''Higher Education
Assistance Improvement Act''.
(b) References to Higher Education Act of 1965.--Except as
otherwise expressly provided, whenever in this Act an amendment or
reference is expressed in terms of an amendment to, or reference to, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Higher Education Act of
1965.

SEC. 2. ADDITIONAL PROGRAM FUNDING AUTHORIZATIONS.

(a) Pell Grants.--Section 401(b)(2)(A) (20 U.S.C. 1070(b)(2)(A)) is
amended by striking clauses (iv) and (v) and inserting the following:
''(iv) $7,500 for academic year 2002-2003; and
''(v) $7,900 for academic year 2003-2004,''.
(b) TRIO.--Section 402A(f) (20 U.S.C. 1070a-11(f)) is amended by
striking ''$700,000,000 for fiscal year 1999, and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
''$1,460,000,000 for fiscal year 2002 and such sums as may be necessary
for the succeeding fiscal year''.
(c) GEAR UP.--Section 404H (20 U.S.C. 1070a-28) is amended by
striking ''$200,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
''$590,000,000 for fiscal year 2002 and such sums as may be necessary
for the succeeding fiscal year''.
(d) Supplemental Education Opportunity Grants.--Section 413A(b) (20
U.S.C. 1070b(b)) is amended by striking ''$675,000,000 for fiscal year
1999 and such sums as may be necessary for the 4 succeeding fiscal
years'' and inserting ''$1,300,000,000 for fiscal year 2002 and such
sums as may be necessary for the succeeding fiscal year''.
(e) Graduate Assistance in Areas of National Need.--Section 716 (20
U.S.C. 1135e) is amended by striking ''$35,000,000 for fiscal year 1999
and such sums as may be necessary for each of the 4 succeeding fiscal
years'' and inserting ''$62,000,000 for fiscal year 2002 and such sums
as may be necessary for the succeeding fiscal year''.
(f) Thurgood Marshall.--Section 721(h) (20 U.S.C. 1136(h)) is
amended by striking ''$5,000,000 for fiscal year 1999 and each of the 4
succeeding fiscal years'' and inserting ''$8,000,000 for fiscal year
2002 and such sums as may be necessary for the succeeding fiscal
year''.

SEC. 3. ADDITIONAL APPROPRIATIONS MANDATE.

It is the sense of Congress that the appropriations for the
following higher education programs should be increased as follows:
(1) LEAP.--The appropriations under section 415A(b)(1) (20
U.S.C. 1070c(b)(1)) should be doubled to at least $110,000,000
for fiscal year 2002 and such sums as may be necessary for the
succeeding fiscal year.
(2) CAMPIS.--The appropriations under section 419N(g) (20
U.S.C. 1070e(g)) should be doubled to at least $50,000,000 for
fiscal year 2002 and such sums as may be necessary for the
succeeding fiscal year.
(3) Work-study.--The appropriations under section 441(b)
(42 U.S.C. 2751(b)) should be increased to at least
$1,050,000,000 for fiscal year 2002 and such sums as may be
necessary for the succeeding fiscal year.
(4) National health service corps scholarship and loan
repayment programs.--The appropriations under sections 338A and
338B of the Public Health Service Act (42 U.S.C. 254l, 254l-1)
should be doubled to at least $175,850,000 for fiscal year 2002
and such sums as may be necessary for the succeeding fiscal
year.
(5) Perkins loans.--The appropriations under section
461(b)(1) (20 U.S.C. 1087aa(b)(1)) should be doubled to at
least $200,000,000 for fiscal year 2002 and such sums as may be
necessary for the succeeding fiscal year, and the amount
available under section 465 for loan cancellation should be
doubled to at least $120,000,000 for fiscal year 2002 and such
sums as may be necessary for the succeeding fiscal year.
(6) Javits fellowships.--The appropriations under section
705 (20 U.S.C. 1134d) should be increased to at least
$20,000,000 for fiscal year 2002 and such sums as may be
necessary for the succeeding fiscal year.

SEC. 4. LOAN FORGIVENESS.

(a) Expansion of Eligibility.--
(1) Elimination of new borrower restrictions.--
(A) FFEL program.--Section 428J(b) (20 U.S.C. 1078-
10(b)) is amended by striking ''for any new borrower on
or after October 1, 1998, who'' and inserting ''for any
borrower who performs the qualifying service on or
after October 1, 1998, and who''.
(B) Federal direct loan program.--Section 460(b)(1)
of such Act (20 U.S.C. 1087j(b)(1)) is amended by
striking ''for any new borrower on or after October 1,
1998, who'' and inserting ''for any borrower who
performs the qualifying service on or after October 1,
1998, and who''.
(2) Expansion of eligible service; eliminating delay in
service benefit.--
(A) FFEL program.--Section 428J(b)(1) is amended to
read as follows:
''(1) has been engaged--
''(A) in any service that qualifies for
cancellation of Federal Perkins Loans under section
465(a)(2);
''(B) in full-time employment in service to
economically disadvantaged individuals or communities,
child and elder care services, social work, public
prosecutors and defenders, and police, fire, and rescue
services, as defined by the Secretary; or
''(C) in full-time employment in any service that
the Secretary recognizes by regulation as providing
public service that is comparable to the services
described in subparagraph (A) or (B); and''.
(B) Federal direct loan program.--Section
460(b)(1)(A) (20 U.S.C. 1087j(b)(1)(A)) is amended to
read as follows:
''(A) has been engaged--
''(i) in any service that qualifies for
cancellation of Federal Perkins Loans under
section 465(a)(2); or
''(ii) in full-time employment in service
to economically disadvantaged individuals or
communities, child and elder care services,
social work, public prosecutors and defenders,
and police, fire, and rescue services, as
defined by the Secretary;
''(iii) in full-time employment in any
service that the Secretary recognizes by
regulation as providing public service that is
comparable to the services described in clause
(i) or (ii); and''.
(C) Perkins loans.--Section 465(a)(2) is amended by
adding after the last sentence thereof the following
new sentence: ''Whenever the Secretary acts pursuant to
section 428J(b)(1)(B) or (C) or 460(b)(1)(A)(ii) or
(iii) to recognize by regulation or define additional
services as comparable qualifying services under such
sections, the Secretary shall, by regulation, recognize
such services as qualifying services for purposes of
this section.''.
(b) Amount and Rate of Repayment.--
(1) FFEL program.--Section 428J(c) (20 U.S.C. 1078-10(c))
is amended by striking paragraph (1) and inserting the
following:
''(1) Amount and rate of repayment.--The Secretary shall
repay the aggregate of the loan obligation on a loan made under
section 428 or 428H that is outstanding after the completion of
the first complete year of qualifying service described in
subsection (b)(1) for which the borrower seeks repayment under
this section. Such amount shall be repaid at the rate of one-
third of such amount for each of the first three years of such
service.''.
(2) Federal direct loan program.--Section 460(c) of such
Act (20 U.S.C. 1087j(c)) is amended by striking paragraph (1)
and inserting the following:
''(1) Amount and rate of repayment.--The Secretary shall
cancel the aggregate of the loan obligation on a loan made
under section 428 or 428H that is outstanding after the
completion of the first complete year of qualifying service
described in subsection (b)(1)(A). Such amount shall be
canceled at the rate of one-third of such amount for each of
the first three years of such service.''.
(3) Perkins loans.--Section 465(a) (20 U.S.C. 1087ee(a)) is
amended by striking paragraph (3)(A) and inserting the
following:
''(3)(A) The percent of a loan which shall be canceled under
paragraph (1) of this subsection is at the rate of 33/3\ percent for
each of 3 years of service described in paragraph (2).''.

A: Higher Education Assistance Improvement Act - Amends the Higher Education Act of 1965 (HEA) to increase funds available for the provision of student financial assistance.Increases the maximum individual Pell grant amount to: (1) $7,500 for academic year 2002-2003; and (2) $7,900 for academic year 2003-2004.Increases amounts authorized to be appropriated for FY 2002 and 2003 under the HEA student assistance provisions: (1) Federal TRIO programs; (2) Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP); (3) supplemental education opportunity grants; (4) graduate assistance in areas of national need; and (5) Thurgood Marshall legal educational opportunity program.Expresses the sense of Congress that appropriations for the following higher education programs should be increased by specified amounts for FY 2002 and as necessary for FY 2003: (1) Leveraging Educational Assistance Partnership (LEAP); (2) Child Care Access Means Parents in School (CAMPIS); (3) work-study; (4) National Health Service Corps scholarship and loan repayment programs; (5) Perkins loans; and (6) Javits fellowships.Expands eligibility under the Federal Family Education Loan (FFEL), Federal direct loan, and Federal Perkins loan programs by: (1) eliminating certain new borrower restrictions; (2) expanding eligible service; and (3) eliminating delays in service benefit. Directs the Secretary of Education to repay or cancel certain amounts of loan obligations under those HEA student loan programs.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Produce the Note Act of 2009''.

SEC. 2. REQUIRED INFORMATION AND NOTICE.

Notwithstanding any other provision of State or Federal law, no
foreclosure, whether judicial or nonjudicial, may be commenced with
respect to a covered residential mortgage unless the person commencing
the foreclosure complies with all of the following requirements:
(1) Submission of information.--The person commencing the
foreclosure shall submit to the court, in the case of a
judicial foreclosure, or to the office of the State or other
subdivision of the State to which notice of default,
foreclosure, or sale of the foreclosed property is required
under State law to be submitted, in the case of a nonjudicial
foreclosure, a report prepared by an independent party that
includes the following information:
(A) A statement of findings as to whether the
covered residential mortgage was made and serviced in
compliance with the terms of, and regulations under,
the following laws:
(i) The Truth in Lending Act (15 U.S.C.
1601) and Regulation Z of the Board of
Governors of the Federal Reserve System under
such Act.
(ii) The Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.) and Regulation B of the
Board of Governors of the Federal Reserve
System under such Act.
(iii) The Fair Debt Collection Practices
Act (15 U.S.C. 1692 et seq.).
(iv) The Federal Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.).
(v) The Real Estate Settlement Procedures
Act of 1974 (12 U.S.C. 2601 et seq.) and
Regulation X of the Secretary of Housing and
Urban Development under such Act.
(vi) The Flood Disaster Protection Act of
1973 (42 U.S.C. 2002 et seq.).
(vii) The Fair Housing Act (42 U.S.C. 3601
et seq.).
(viii) The Home Mortgage Disclosure Act of
1975 (12 U.S.C. 2801 et seq.).
(ix) The Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (Public
Law 101-73).
(x) Any applicable provisions of State and
local law relating to real estate lending or
consumer protection.
(B) Certification of any mortgage modification
efforts that were employed and any offers made to the
mortgagor by the person commencing the foreclosure.
(C) If any noncompliance is found pursuant to
subparagraph (A), a statement as to whether the
violations are such that the mortgagor should be
afforded an extended right, beyond the period permitted
under State law--
(i) to rescind the mortgage in defense of
the foreclosure; or
(ii) to redeem the mortgage.
(D) Identification of--
(i) the actual holder of the mortgage note,
the originating lender for the mortgage and all
subsequent assignees, and other all parties who
have an interest in the real estate that is
subject to the mortgage or in the mortgage or
the proceeds of the mortgage; and
(ii) any parties identified pursuant to
clause (i) that received any assistance
pursuant to title I of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211 et
seq.) and the amount of any such assistance
received.
(E) A statement of whether a bona fide default on
the covered mortgage has occurred.
(F) A description of any hardship circumstances
regarding the economic circumstances of the mortgagor
that would be relevant to a determination by the
mortgagee of whether to modify the mortgage.
(G) A statement of whether the mortgage is insured
under title II of the National Housing Act (12 U.S.C.
1707 et seq.).
(H) A statement of whether the mortgage is, or any
terms of the mortgage are, unfair or constitute an
unfair or deceptive act or practice violating the
Federal Trade Commission Act (15 U.S.C. 41 et seq.),
and if so, a description of the unfairness or the
unfair or deceptive act or practice.
(I) A statement of whether any material
misrepresentations were made that fraudulently induced
the mortgagor to enter into the transaction to his or
her detriment, and if so, a description of such
misrepresentation.
(J) Identification of any offsets to the creditor
claim on the mortgage.
(K) A statement of the racial characteristics,
gender, census tract, and income level of the
mortgagor, as such terms are used for purposes of
compliance with the Home Mortgage Disclosure Act of
1975 (12 U.S.C. 2801 et seq.).
(2) Required notification.--The person commencing the
foreclosure shall provide notice to the mortgagor, in writing,
not less than 5 days before any action is taken to commence the
proceeding or action for foreclosure, and shall certify to the
court, in the case of a judicial foreclosure, or to the office
of the State or other subdivision of the State to which notice
of default, foreclosure, or sale of the foreclosed property is
required under State law to be submitted in the case of a
nonjudicial foreclosure, that such notice has been provided,
that includes the following information:
(A) A statement of any rights of the mortgagor
under the applicable laws governing the foreclosure and
consumer rights.
(B) A statement of any deadlines for filing
answers, defenses, or objections to the foreclosure,
including those rights of the mortgagor under the Real
Estate Settlement Procedures Act of 1974 and any
applicable State laws.
(C) A statement of any penalties and other
consequences for the mortgagor if the mortgagor does
not respond or file answers to the foreclosure.
(D) A statement of the amounts claimed to be in
arrears under the mortgage and needed to reinstate the
account and all associated costs and fees, set forth in
itemized and distinct categories, and current and
correct contact information, including telephone
numbers, electronic mail addresses, and postal
addresses, at which the mortgagor can obtain further
information regarding the mortgage account.
(E) A description of any additional options, such
as mortgage workout, modification, mitigation, and
redemption, that might be available to the mortgagor to
prevent the foreclosure from proceeding and a
description of how the mortgagor can obtain additional
information regarding such options.
(F) A statement of the correct names, telephone
numbers, electronic mail addresses, postal addresses,
and any State licensing numbers of the mortgage holder,
the mortgage servicer, and the person or persons
authorized to take the actions described pursuant to
subparagraph (E).

SEC. 3. DEFINITIONS.

For purposes of this Act, the following definitions shall apply:
(1) Independent party.--The term ''independent party''
means, with respect to foreclosure on a covered residential
mortgage, an individual who has no interest in, or affiliation
with, any party involved in such foreclosure or with the
covered residential mortgage involved in such foreclosure,
including any party that owns, manages, controls, or directs
such an involved party, any party that is owned, managed,
controlled, or directed by such an involved party, or any party
that is under common ownership, management, control, or
direction with such an involved party.
(2) Covered residential mortgage.--The term ''covered
residential mortgage'' means a mortgage that meets the
following requirements:
(A) The property securing the obligation under the
mortgage shall be a one- to four-family dwelling,
including a condominium or a share in a cooperative
ownership housing association.
(B) The mortgagor under the mortgage shall occupy
the property securing the obligation under the mortgage
as his or her principal residence.
(3) Mortgage.--
(A) In general.--The term ''mortgage'' means a deed
of trust, mortgage, deed to secure debt, security
agreement, or any other form of instrument under which
any property (real, personal, or mixed), or any
interest in property (including leaseholds, life
estates, reversionary interests, and any other estates
under applicable State law), is conveyed in trust,
mortgaged, encumbered, pledged, or otherwise rendered
subject to a lien for the purpose of securing the
payment of money or the performance of an obligation.
(B) Condominiums and cooperatives.--Such term
includes a first mortgage given to secure--
(i) the unpaid purchase price of a fee
interest in, or a long-term leasehold interest
in, a one-family unit in a multifamily project,
including a project in which the dwelling units
are attached or are manufactured housing units,
semi-detached, or detached, and an undivided
interest in the common areas and facilities
that serve the project; or
(ii) repayment of a loan made to finance
the purchase of stock or membership in a
cooperative housing corporation the permanent
occupancy of dwelling units of which is
restricted to members of such corporation,
where the purchase of such stock or membership
entitles the purchaser to the permanent
occupancy of one of such units.

SEC. 4. RELATION TO STATE LAW.

This Act does not annul, alter, or affect, or exempt any person
subject to the provisions of this Act from complying with, the laws of
any State or subdivision thereof with respect to foreclosure on a
residential mortgage, except to the extent that those laws are
inconsistent with any provision of this Act, and then only to the
extent of the inconsistency. No provision of the laws of any State or
subdivision thereof may be determined to be inconsistent with any
provision of this Act if such law is determined to require greater
disclosure or notice than is required under this Act or to provide
greater protection to the mortgagee than is required under this Act.

A:
Produce the Note Act of 2009 - Prohibits commencement of any foreclosure in connection with certain residential mortgages unless the person commencing the foreclosure complies with specified prerequisites, including identification of the actual holder of the mortgage note, the originating mortgage lender and all subsequent assignees, and other all parties who have an interest in the real estate subject to the mortgage or in the mortgage or its proceeds.

Requires the person commencing the foreclosure to: (1) notify the mortgagor, in writing, not less than five days before any action is taken to commence foreclosure; and (2) certify to the court, in the case of a judicial foreclosure, or to the office of the state to which notice is required under state law, that such notice has been provided.
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