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

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ban the Box Act''.

SEC. 2. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO CRIMINAL RECORD OF 
              APPLICANTS.

    (a) In General.--Except as provided in subsection (b), it shall be 
an unlawful employment practice for any employer to make inquiries of 
an applicant for employment or otherwise seek information about such an 
applicant (including through the use of any form or application) 
relating to whether such applicant has ever been convicted of a 
criminal offense.
    (b) Exception.--Notwithstanding subsection (a), an employer may 
make inquiries of an applicant or otherwise seek information about the 
applicant relating to whether such applicant has ever been convicted of 
a criminal offense--
            (1) after a conditional offer for employment has been 
        extended to an applicant; or
            (2) where the granting of employment may involve an 
        unreasonable risk to the safety of specific individuals or to 
        the general public.

SEC. 3. RULEMAKING.

    Not later than 1 year after the date of enactment of this Act, the 
Commission shall issue rules--
            (1) defining categories of employment where an individual's 
        past criminal history may involve an unreasonable risk to the 
        safety of specific individuals or to the general public; and
            (2) factors to be considered by employers in assessing 
        whether an individual's past criminal history poses such an 
        unreasonable risk.

SEC. 4. ENFORCEMENT.

    (a) Employees Covered by Title VII of the Civil Rights Act of 
1964.--
            (1) In general.--The powers, procedures, and remedies 
        provided in sections 705, 706, 707, 709, 710, and 711 of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the 
        Commission, the Attorney General, or any person, alleging a 
        violation of title VII of that Act (42 U.S.C. 2000e et seq.) 
        shall be the powers, procedures, and remedies this title 
        provides to the Commission, the Attorney General, or any 
        person, respectively, alleging an unlawful employment practice 
        in violation of this title against an employee described in 
        section 5(2)(A), except as provided in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes of the United States (42 U.S.C. 1988), shall 
        be the powers, remedies, and procedures this title provides to 
        the Commission, the Attorney General, or any person, alleging 
        such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (42 U.S.C. 1981a), including the limitations contained in 
        subsection (b)(3) of such section 1977A, shall be the powers, 
        remedies, and procedures this title provides to the Commission, 
        the Attorney General, or any person, alleging such a practice 
        (not an employment practice specifically excluded from coverage 
        under section 1977A(a)(1) of the Revised Statutes of the United 
        States).
    (b) Employees Covered by Congressional Accountability Act of 
1995.--
            (1) In general.--The powers, remedies, and procedures 
        provided in the Congressional Accountability Act of 1995 (2 
        U.S.C. 1301 et seq.) to the Board (as defined in section 101 of 
        that Act (2 U.S.C. 1301)), or any person, alleging a violation 
        of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be 
        the powers, remedies, and procedures this title provides to 
        that Board, or any person, alleging an unlawful employment 
        practice in violation of this title against an employee 
        described in section 5(2)(B), except as provided in paragraphs 
        (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes of the United States (42 U.S.C. 1988), shall 
        be the powers, remedies, and procedures this title provides to 
        that Board, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (42 U.S.C. 1981a), including the limitations contained in 
        subsection (b)(3) of such section 1977A, shall be the powers, 
        remedies, and procedures this title provides to that Board, or 
        any person, alleging such a practice (not an employment 
        practice specifically excluded from coverage under section 
        1977A(a)(1) of the Revised Statutes of the United States).
            (4) Other applicable provisions.--With respect to a claim 
        alleging a practice described in paragraph (1), title III of 
        the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et 
        seq.) shall apply in the same manner as such title applies with 
        respect to a claim alleging a violation of section 201(a)(1) of 
        such Act (2 U.S.C. 1311(a)(1)).
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--
            (1) In general.--The powers, remedies, and procedures 
        provided in chapter 5 of title 3, United States Code, to the 
        President, the Commission, the Merit Systems Protection Board, 
        or any person, alleging a violation of section 411(a)(1) of 
        that title, shall be the powers, remedies, and procedures this 
        title provides to the President, the Commission, such Board, or 
        any person, respectively, alleging an unlawful employment 
        practice in violation of this title against an employee 
        described in section 5(2)(C), except as provided in paragraphs 
        (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes of the United States (42 U.S.C. 1988), shall 
        be the powers, remedies, and procedures this title provides to 
        the President, the Commission, such Board, or any person, 
        alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (42 U.S.C. 1981a), including the limitations contained in 
        subsection (b)(3) of such section 1977A, shall be the powers, 
        remedies, and procedures this title provides to the President, 
        the Commission, such Board, or any person, alleging such a 
        practice (not an employment practice specifically excluded from 
        coverage under section 1977A(a)(1) of the Revised Statutes of 
        the United States).
    (d) Employees Covered by Government Employee Rights Act of 1991.--
            (1) In general.--The powers, remedies, and procedures 
        provided in sections 302 and 304 of the Government Employee 
        Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the 
        Commission, or any person, alleging a violation of section 
        302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the 
        powers, remedies, and procedures this title provides to the 
        Commission, or any person, respectively, alleging an unlawful 
        employment practice in violation of this title against an 
        employee described in section 5(2)(D), except as provided in 
        paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes of the United States (42 U.S.C. 1988), shall 
        be the powers, remedies, and procedures this title provides to 
        the Commission, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (42 U.S.C. 1981a), including the limitations contained in 
        subsection (b)(3) of such section 1977A, shall be the powers, 
        remedies, and procedures this title provides to the Commission, 
        or any person, alleging such a practice (not an employment 
        practice specifically excluded from coverage under section 
        1977A(a)(1) of the Revised Statutes of the United States).
    (e) Employees Covered by Section 717 of the Civil Rights Act of 
1964.--
            (1) In general.--The powers, remedies, and procedures 
        provided in section 717 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16) to the Commission, the Attorney General, the 
        Librarian of Congress, or any person, alleging a violation of 
        that section shall be the powers, remedies, and procedures this 
        title provides to the Commission, the Attorney General, the 
        Librarian of Congress, or any person, respectively, alleging an 
        unlawful employment practice in violation of this title against 
        an employee or applicant described in section 2(2)(E), except 
        as provided in paragraphs (2) and (3).
            (2) Costs and fees.--The powers, remedies, and procedures 
        provided in subsections (b) and (c) of section 722 of the 
        Revised Statutes of the United States (42 U.S.C. 1988), shall 
        be the powers, remedies, and procedures this title provides to 
        the Commission, the Attorney General, the Librarian of 
        Congress, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (42 U.S.C. 1981a), including the limitations contained in 
        subsection (b)(3) of such section 1977A, shall be the powers, 
        remedies, and procedures this title provides to the Commission, 
        the Attorney General, the Librarian of Congress, or any person, 
        alleging such a practice (not an employment practice 
        specifically excluded from coverage under section 1977A(a)(1) 
        of the Revised Statutes of the United States).

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) the term ``Commission'' means the Equal Employment 
        Opportunity Commission;
            (2) the term ``employer''--
                    (A) has the meaning given such term in section 
                701(b) of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e(b)); and
                    (B) includes--
                            (i) an employing office, as defined in 
                        section 101 of the Congressional Accountability 
                        Act of 1995 (2 U.S.C. 1301) and section 411(c) 
                        of title 3, United States Code;
                            (ii) an entity employing a State employee 
                        described in section 304(a) of the Government 
                        Employee Rights Act of 1991 (12 U.S.C. 
                        1220(a)); and
                            (iii) an entity to which section 717(a) of 
                        the Civil Rights Act of 1964 (42 U.S.C. 2000e-
                        16(a)) applies;
            (3) the term ``employee'' means--
                    (A) an employee (including an applicant), as 
                defined in section 701(f) of the Civil Rights Act of 
                1964 (42 U.S.C. 2000e(f));
                    (B) a covered employee (including an applicant), as 
                defined in section 101 of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1301);
                    (C) a covered employee (including an applicant), as 
                defined in section 411(c) of title 3, United States 
                Code;
                    (D) a State employee (including an applicant) 
                described in section 304(a) of the Government Employee 
                Rights Act of 1991 (12 U.S.C. 1220(a)); or
                    (E) an employee (including an applicant) to which 
                section 717(a) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e-16(a)) applies; and
            (4) the term ``person'' has the meaning given such term in 
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(a)).

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect beginning 1 year after the date of the 
enactment of this Act.

Output: Ban the Box Act - Makes it an unlawful employment practice for certain employers to seek information concerning a job applicant's conviction for a criminal offense.

Sets forth exceptions authorizing an employer to seek such information: (1) after a conditional offer for employment has been extended to an applicant, or (2) where the granting of employment may involve an unreasonable risk to the safety of specific individuals or the general public.

Directs the Equal Employment Opportunity Commission (EEOC) to issue rules indentifying factors to be considered by employers in assessing whether an individual's past criminal history poses such an unreasonable risk within defined categories of employment.

Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness for Homeowners Act of 
2007''.

SEC. 2. ORIGINATIONS OF CONSUMER CREDIT TRANSACTIONS SECURED BY THE 
              CONSUMER'S PRINCIPAL DWELLING.

    (a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) 
is amended by inserting after section 129 the following new section:
``Sec. 129A. Originations of consumer credit transactions secured by 
              the consumer's principal dwelling
    ``(a) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Fully indexed rate.--The term `fully indexed rate' 
        equals the index rate prevailing at the time a consumer credit 
        transaction secured by a consumer's principal dwelling is 
        originated, plus the margin that will apply after the 
        expiration of an introductory interest rate.
            ``(2) Mortgage broker.--The term `mortgage broker' means 
        any person who is defined as a mortgage broker under applicable 
        State law.
    ``(b) Requirements for Originators.--
            ``(1) Ability to pay.--
                    ``(A) In general.--No creditor or mortgage broker 
                may make, provide, or arrange for any consumer credit 
                transaction secured by a consumer's principal dwelling 
                without verifying the consumer's reasonable ability to 
                pay the scheduled payments of the following, as 
                applicable: principal; interest; real estate taxes; 
                homeowner's insurance, assessments, and mortgage 
                insurance premiums.
                    ``(B) Variable interest rate.--In the case of any 
                consumer credit transaction secured by a consumer's 
                principal dwelling for which the applicable annual 
                percentage rate may vary over the life of the credit, 
                the reasonable ability to pay shall be determined, for 
                purposes of this paragraph, on the basis of a fully 
                indexed rate plus 200 basis points and a repayment 
                schedule which achieves full amortization over the life 
                of the extension of credit.
                    ``(C) Verification of consumer income and financial 
                resources.--In the case of any consumer credit 
                transaction secured by a consumer's principal dwelling, 
                the income and financial resources of the consumer 
                shall be verified for purposes of this paragraph by tax 
                returns, payroll receipts, bank records, or other 
                similarly reliable documents.
                    ``(D) Other criteria.--No provision of this 
                paragraph shall be construed as prohibiting reliance on 
                criteria other than a consumer's income and financial 
                resources to establish the reasonable ability of the 
                consumer to repay any consumer credit transaction 
                secured by the consumer's principal dwelling, to the 
                extent such other criteria are also verified through 
                reasonably reliable methods and documentation.
                    ``(E) Consumer statement is insufficient proof.--A 
                statement by a consumer of the consumer's income or 
                financial resources shall not be sufficient to 
                establish the existence of any income or financial 
                resources when verifying the reasonable ability of the 
                consumer to repay any consumer credit transaction 
                secured by the consumer's principal dwelling, for 
                purposes of this paragraph.
            ``(2) Prohibition on steering.--No creditor or mortgage 
        broker may make, provide, or arrange for any consumer credit 
        transaction secured by a consumer's principal dwelling that is 
        of a lower investment grade if--
                    ``(A) the consumer's credit score; or
                    ``(B) comparable underwriting data, in any case in 
                which the creditor or mortgage broker does not utilize 
                credit scoring or a credit score for the consumer is 
                unavailable,
        indicates that the borrower may qualify for a consumer credit 
        transaction, available from or through the creditor or mortgage 
        broker, that is of a higher investment grade.
            ``(3) Prohibition on prepayment penalties for arms.--
                    ``(A) In general.--In the case of any consumer 
                credit transaction secured by a consumer's principal 
                dwelling that provides for variable rates of interest 
                on the credit extended under the transaction, the 
                transaction may not contain terms under which a 
                consumer must pay a prepayment penalty for paying all 
                or part of the principal before the date on which the 
                principal is due.
                    ``(B) Exclusion for jumbo mortgages.--Subparagraph 
                (A) shall not apply to any consumer credit transaction 
                secured by a consumer's principal dwelling the 
                principal amount (as defined in subsection (c)(2)) of 
                which exceeds the maximum dollar amount limitation (for 
                a residence of the applicable size) on the amount of 
                the principal obligation of a mortgage for a 1- to 4-
                family residence that may be purchased by the Federal 
                Home Loan Mortgage Corporation, as then in effect 
                pursuant to section 305(a)(2) of the Federal Home Loan 
                Mortgage Corporation Act.
    ``(c) Limitation on Financed Points, Charges, and Fees.--
            ``(1) In general.--No creditor or mortgage broker may, in 
        connection with any consumer credit transaction secured by the 
        consumer's principal dwelling, include in the principal amount 
        of such transaction any portion of any qualified finance charge 
        in excess of the amount which is equal to 5 percent of the 
        principal amount of the transaction.
            ``(2) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Qualified finance charge.--The term 
                `qualified finance charge' means the sum of--
                            ``(i) the finance charge as determined 
                        under section 106, minus any interest and time 
                        price differential; and
                            ``(ii) all compensation paid to a mortgage 
                        broker from any source in connection with this 
                        transaction.
                    ``(B) Principal amount.--The term `principal 
                amount' means--
                            ``(i) in the case of any consumer credit 
                        transaction under an open end credit plan 
                        secured by the consumer's principal dwelling, 
                        the maximum amount of credit that may be 
                        extended under the terms of such plan as 
                        determined without taking into account any 
                        amount included in determining the finance 
                        charge under section 106; and
                            ``(ii) in the case of any other consumer 
                        credit transaction secured by a consumer's 
                        principal dwelling, the amount financed (as 
                        defined in section 138(a)(2)).
            ``(3) Prohibition on excessive finance charges.--No 
        creditor or mortgage broker may, in connection with any 
        consumer credit transaction secured by the consumer's principal 
        dwelling, impose or receive any amount included in determining 
        the qualified finance charge for such transaction that exceeds 
        the amount which is equal to 5 percent of the principal amount 
        of the transaction.
            ``(4) Exception.--This subsection shall not apply to any 
        consumer credit transaction secured by the consumer's principal 
        dwelling that is ensured or guaranteed by the Secretary of 
        Housing and Urban Development, the Secretary of Veterans 
        Affairs, or the Farmers Home Administration.
    ``(d) Mortgage Broker Duties of Agency.--
            ``(1) In general.--Any mortgage broker acting to obtain or 
        arrange for any consumer credit transaction secured by the 
        consumer's principal dwelling shall be considered to have an 
        agency relationship with the consumer in all cases by operation 
        of law and shall comply with the following duties:
                    ``(A) Mortgage brokers shall act in the consumer's 
                best interest and in the utmost good faith toward each 
                consumer and shall not compromise a consumer's right or 
                interest in favor of another's right or interest, 
                including a right or interest of the mortgage broker.
                    ``(B) A mortgage broker shall not accept, give, or 
                charge any undisclosed compensation or realize any 
                undisclosed remuneration, either through direct or 
                indirect means, that inures to the benefit of the 
                mortgage broker on an expenditure made for the 
                consumer.
                    ``(C) Mortgage brokers shall carry out all lawful 
                instructions given by the consumer.
                    ``(D) Mortgage brokers shall disclose to consumers 
                all material facts of which the mortgage broker has 
                knowledge which might reasonably affect the consumer's 
                rights, interests, or ability to receive the consumer's 
                intended benefit from the consumer credit transaction, 
                but not facts which are reasonably susceptible to the 
                knowledge of the consumer.
                    ``(E) Mortgage brokers shall use reasonable care in 
                performing duties.
                    ``(F) Mortgage brokers shall account to a consumer 
                for all the consumer's money and property received as 
                agent.
            ``(2) Scope.--The duty of agency between mortgage broker 
        and consumer applies when the mortgage broker is acting in the 
        capacity of mortgage broker providing mortgage brokerage 
        services with respect to any consumer credit transaction 
        secured by the consumer's principal dwelling for which the 
        broker is not the creditor.
            ``(3) Rules of construction.--
                    ``(A) Fees for services rendered.--No provision of 
                this subsection shall be construed as prohibiting a 
                mortgage broker from contracting for or collecting a 
                fee for services rendered which had been disclosed to 
                the consumer in advance of the provision of such 
                services.
                    ``(B) Duty of broker.--No provision of this 
                subsection shall be construed as requiring a mortgage 
                broker--
                            ``(i) to obtain or arrange for any consumer 
                        credit transaction secured by the consumer's 
                        principal dwelling on behalf of a consumer that 
                        contains terms or conditions not available to 
                        the mortgage broker in the mortgage broker's 
                        usual course of business; or
                            ``(ii) to obtain or arrange for any 
                        consumer credit transaction secured by the 
                        consumer's principal dwelling from a creditor 
                        with whom the mortgage broker does not have a 
                        business relationship.
    ``(e) Independent Verification of Consumer Counseling Before 
Refinancing Special Mortgages.--
            ``(1) In general.--No creditor or mortgage broker may make, 
        provide, or arrange for any consumer credit transaction secured 
        by the consumer's principal dwelling all or a portion of the 
        proceeds of which are used to fully or partially pay off a 
        special mortgage unless the borrower has obtained a written 
        certification from an authorized independent loan counselor 
        that the borrower has received counseling on the advisability 
        of the transaction.
            ``(2) Definitions.--For purposes of this section, the 
        following definitions shall apply:
                    ``(A) Special mortgage.--The term `special 
                mortgage' means any consumer credit transaction secured 
                by the consumer's principal dwelling that was 
                originated, subsidized, funded, or guaranteed by or 
                through a State, tribal, or local government, or 
                nonprofit organization, that bears 1 or more of the 
                following nonstandard payment terms which substantially 
                benefit the consumer:
                            ``(i) Payments vary with income.
                            ``(ii) Payments of principal or interest 
                        are not required or can be deferred under 
                        specified conditions.
                            ``(iii) Principal or interest is forgivable 
                        under specified conditions.
                            ``(iv) Either no interest or an annual 
                        interest rate of 2 percent or less is charged 
                        in connection with the loan.
                    ``(B) Authorized loan counselor.--The term 
                `authorized independent loan counselor' means any 
                nonprofit, third-party individual or organization 
                providing homebuyer education programs, foreclosure 
                prevention services, mortgage loan counseling, or 
                credit counseling that is certified by the Secretary of 
                Housing and Urban Development, or certified by any 
                State housing agency or nonprofit organization 
                designated by such Secretary, for such purposes.
    ``(f) Minimum Financial Requirements for Mortgage Brokers.--No 
mortgage broker may obtain or arrange for any consumer credit 
transaction secured by the consumer's principal dwelling unless at all 
times the mortgage broker--
            ``(1) maintains a minimum net worth, net of intangibles, of 
        at least $500,000, as determined in accordance with generally 
        accepted accounting principles; or
            ``(2) maintains a surety bond or irrevocable letter of 
        credit in the amount of $50,000.
    ``(g) Enforcement.--For purposes of providing a cause of action for 
any failure by a mortgage broker to comply with any requirement imposed 
under this section, section 130(a) shall be applied with respect to any 
such failure--
            ``(1) by substituting `mortgage broker' for `creditor' each 
        place such term appears in such section; and
            ``(2) by treating all qualified finance charges (as defined 
        in subsection (c)(2)(A)) incurred in the origination of any 
        consumer credit transaction secured by the consumer's principal 
        dwelling as actual damages sustained by the consumer as a 
        result of the failure.
    ``(h) Exclusion of Reverse Mortgages.--This section shall not apply 
with respect to any consumer mortgage transaction that constitutes a 
reverse mortgage.''.
    (b) Technical and Conforming Amendments.--The Truth in Lending Act 
is amended--
            (1) in section 103 (u) (15 U.S.C. 1602(u)), by striking 
        ``and the disclosures required by section 129(a)'' and 
        inserting ``and the provisions of section 129 and 129A''; and
            (2) in section 130 (15 U.S.C. 1640), by inserting ``or 
        129A'' after section 129 each place such term appears.
    (c) Clerical Amendment.--The table of sections for chapter 2 of the 
Truth in Lending Act is amended by inserting after the item relating to 
section 129 the following new item:

``129A. Originations of consumer credit transactions secured by the 
                            consumer's principal dwelling.''.

Output: Fairness for Homeowners Act of 2007 - Amends the Truth in Lending Act to prohibit any creditor or mortgage broker from making, providing, or arranging for any consumer credit transaction secured by a consumer's principal dwelling without verifying the consumer's reasonable ability to make the scheduled payments of principal, interest (including variable interest), real estate taxes, homeowner's insurance, assessments, and mortgage insurance premiums.

Prescribes criteria for determining the reasonable ability to make such payments.

Prohibits steering (arranging for a lower investment grade credit transaction if the consumer qualifies for a higher investment grade transaction) and prepayment penalties for adjustable rate mortgages (ARMs) that are not jumbo mortgages.

Limits financed points, finance charges, and fees to 5% of a transaction's principal, unless the transaction is ensured or guaranteed by the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or the Farmers Home Administration.

Specifies duties of agency for mortgage brokers acting to obtain or arrange for any consumer credit transaction secured by the consumer's principal dwelling.

Requires creditors and mortgage brokers to obtain independent verification that a borrower seeking to refinance a special mortgage has received counseling on the transaction's advisability. Defines "special mortgage" as one that: (1) was originated, subsidized, funded, or guaranteed by or through a state, tribal, or local government, or nonprofit organization; and (2) bears one or more specified nonstandard payment terms which substantially benefit the consumer.

Prescribes minimum financial requirements for mortgage brokers.

Excludes reverse mortgages from coverage by this Act.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security 
Insider Threat and Mitigation Act of 2017''.

SEC. 2. ESTABLISHMENT OF INSIDER THREAT PROGRAM.

    (a) In General.--Title I of the Homeland Security Act of 2002 (6 
U.S.C. 111 et seq.) is amended by adding at the end the following new 
section:

``SEC. 104. INSIDER THREAT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish an Insider 
Threat Program within the Department. Such Program shall--
            ``(1) provide training and education for Department 
        personnel to identify, prevent, mitigate, and respond to 
        insider threat risks to the Department's critical assets;
            ``(2) provide investigative support regarding potential 
        insider threats that may pose a risk to the Department's 
        critical assets; and
            ``(3) conduct risk mitigation activities for insider 
        threats.
    ``(b) Steering Committee.--
            ``(1) In general.--The Secretary shall establish a Steering 
        Committee within the Department. The Under Secretary for 
        Intelligence and Analysis shall serve as the Chair of the 
        Steering Committee. The Chief Security Officer shall serve as 
        the Vice Chair. The Steering Committee shall be comprised of 
        representatives of the Office of Intelligence and Analysis, the 
        Office of the Chief Information Officer, the Office of the 
        General Counsel, the Office for Civil Rights and Civil 
        Liberties, the Privacy Office, the Office of the Chief Human 
        Capital Officer, the Office of the Chief Financial Officer, the 
        Federal Protective Service, the Office of the Chief Procurement 
        Officer, the Science and Technology Directorate, and other 
        components or offices of the Department as appropriate. Such 
        representatives shall meet on a regular basis to discuss cases 
        and issues related to insider threats to the Department's 
        critical assets, in accordance with subsection (a).
            ``(2) Responsibilities.--Not later than 1 year after the 
        date of the enactment of this section, the Under Secretary for 
        Intelligence and Analysis and the Chief Security Officer, in 
        coordination with the Steering Committee established pursuant 
        to paragraph (1), shall--
                    ``(A) develop a holistic strategy for Department-
                wide efforts to identify, prevent, mitigate, and 
                respond to insider threats to the Department's critical 
                assets;
                    ``(B) develop a plan to implement the insider 
                threat measures identified in the strategy developed 
                under subparagraph (A) across the components and 
                offices of the Department;
                    ``(C) document insider threat policies and 
                controls;
                    ``(D) conduct a baseline risk assessment of insider 
                threats posed to the Department's critical assets;
                    ``(E) examine existing programmatic and technology 
                best practices adopted by the Federal Government, 
                industry, and research institutions to implement 
                solutions that are validated and cost-effective;
                    ``(F) develop a timeline for deploying workplace 
                monitoring technologies, employee awareness campaigns, 
                and education and training programs related to 
                identifying, preventing, mitigating, and responding to 
                potential insider threats to the Department's critical 
                assets;
                    ``(G) require the Chair and Vice Chair of the 
                Steering Committee to consult with the Under Secretary 
                for Science and Technology and other appropriate 
                stakeholders to ensure the Insider Threat Program is 
                informed, on an ongoing basis, by current information 
                regarding threats, beset practices, and available 
                technology; and
                    ``(H) develop, collect, and report metrics on the 
                effectiveness of the Department's insider threat 
                mitigation efforts.
    ``(c) Definitions.--In this section:
            ``(1) Critical assets.--The term `critical assets' means 
        the people, facilities, information, and technology required 
        for the Department to fulfill its mission.
            ``(2) Insider.--The term `insider' means--
                    ``(A) any person who has access to classified 
                national security information and is employed by, 
                detailed to, or assigned to the Department, including 
                members of the Armed Forces, experts or consultants to 
                the Department, industrial or commercial contractors, 
                licensees, certificate holders, or grantees of the 
                Department, including all subcontractors, personal 
                services contractors, or any other category of person 
                who acts for or on behalf of the Department, as 
                determined by the Secretary; or
                    ``(B) State, local, tribal, territorial, and 
                private sector personnel who possess security 
                clearances granted by the Department.
            ``(3) Insider threat.--The term `insider threat' means the 
        threat that an insider will use his or her authorized access, 
        wittingly or unwittingly, to do harm to the security of the 
        United States, including damage to the United States through 
        espionage, terrorism, the unauthorized disclosure of classified 
        national security information, or through the loss or 
        degradation of departmental resources or capabilities.''.
    (b) Reporting.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of section 104 of the Homeland Security Act of 
        2002 (as added by subsection (a) of this section) and the 
        biennially thereafter for the next 4 years, the Secretary of 
        Homeland Security shall submit to the Committee on Homeland 
        Security and the Permanent Select Committee on Intelligence of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs and the Select Committee on 
        Intelligence of the Senate a report on how the Department of 
        Homeland Security and its components and offices have 
        implemented the strategy developed pursuant to subsection 
        (b)(2)(A) of such section 104, the status of the Department's 
        risk assessment of critical assets, the types of insider threat 
        training conducted, the number of Department employees who have 
        received such training, and information on the effectiveness of 
        the Insider Threat Program (established pursuant to subsection 
        (a) of such section 104), based on metrics developed, 
        collected, and reported pursuant to subsection (b)(2)(H) of 
        such section 104.
            (2) Definitions.--In this subsection, the terms ``critical 
        assets'', ``insider'', and ``insider threat'' have the meanings 
        given such terms in section 104 of the Homeland Security Act of 
        2002 (as added by subsection (a) of this section).
    (c) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by 


              

inserting after the item relating to section 103 the following new 
item:

``Sec. 104. Insider Threat Program.''.

            Passed the House of Representatives January 31, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.


Output: .  Department of Homeland Security Insider Threat and Mitigation Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS) to establish an Insider Threat Program, which shall: (1) provide training and education for DHS personnel to identify, prevent, mitigate, and respond to insider threat risks to DHS's critical assets; (2) provide investigative support regarding such threats; and (3) conduct risk mitigation activities for such threats. DHS shall establish a Steering Committee. The Under Secretary for Intelligence and Analysis shall serve as the Chair and the Chief Security Officer as the Vice Chair of the Committee.  The Under Secretary and the Chief Security Officer, in coordination with the Steering Committee, shall:  develop a holistic strategy for DHS-wide efforts to identify, prevent, mitigate, and respond to insider threats to DHS's critical assets;   develop a plan to implement the strategy across DHS components and offices;   document insider threat policies and controls;   conduct a baseline risk assessment of such threats;   examine existing programmatic and technology best practices adopted by the federal government, industry, and research institutions;   develop a timeline for deploying workplace monitoring technologies, employee awareness campaigns, and education and training programs related to potential insider threats;   consult with the the Under Secretary for Science and Technology and other stakeholders to ensure that the Insider Threat Program is informed by current information regarding threats, best practices, and available technology; and   develop, collect, and report metrics on the effectiveness of DHS's insider threat mitigation efforts.  DHS must submit to specified congressional committees biennial reports over the next six years on:   how DHS and its components and offices have implemented such strategy;  the status of DHS's risk assessment of critical assets;  the types of insider threat training conducted;  the number of DHS employees who have received such training; and  information on the effectiveness of the Insider Threat Program, based on such metrics.