Input:
SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    The Congress finds:
            (1) The 10th Amendment to the Constitution of the United
        States (referred to in this Act as the ``10th Amendment''),
        ratified on December 15, 1791, provides, ``The powers not
        delegated to the United States by the Constitution, nor
        prohibited by it to the States, are reserved to the States
        respectively, or to the people.''.
            (2) The 10th Amendment expressly limits the powers of the
        Federal Government to those delegated by the Constitution and
        reaffirms and protects the freedom of the States to exercise
        those that are not.
            (3) The 10th Amendment reflects the opposition of the
        Founding Fathers to a Federal Government with expansive powers,
        their intention for the powers of the States to act as a check
        on those of the Federal Government, and their concern that the
        Federal Government would attempt to usurp powers intended to
        remain with the States.
            (4) James Madison, in The Federalist No. 45, wrote, ``The
        powers delegated by the proposed Constitution to the federal
        government are few and defined. Those which are to remain in
        the State governments are numerous and indefinite.''.
            (5) The Supreme Court, in United States v. Sprague, 282
        U.S. 716 (1931), noted, ``The Tenth Amendment was intended to
        confirm the understanding of the people at the time the
        Constitution was adopted, that powers not granted to the United
        States were reserved to the States or to the people.''.
            (6) The Supreme Court, in Fry v. United States, 421 U.S.
        542 (1975), also noted, ``The Amendment expressly declares the
        constitutional policy that Congress may not exercise power in a
        fashion that impairs the States' integrity or their ability to
        function effectively in a federal system.''.
            (7) The Executive departments and agencies of the Federal
        Government often promulgate regulations contrary to the spirit
        and letter of the 10th Amendment.
            (8) The 10th Amendment assures that the people of the
        United States, and each sovereign State in the Union of States,
        have, and have always had, rights that the Federal Government
        may not usurp.
            (9) Congress has the responsibility to safeguard the 10th
        Amendment and to recognize that it is as vital and valuable
        today as on the date of its ratification.

SEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFICIALS TO CHALLENGE
              FEDERAL RULEMAKING AS A VIOLATION OF THE 10TH AMENDMENT.

    (a) Definitions.--In this section--
            (1) the term ``agency'' has the meaning given that term in
        section 551 of title 5, United States Code;
            (2) the term ``designated State official'' means, with
        respect to a State--
                    (A) the chief executive of the State;
                    (B) the lieutenant governor or equivalent officer
                of the State;
                    (C) the chief legal officer of the State; or
                    (D) a legislative leader of the State;
            (3) the term ``legislative leader'' means a speaker,
        majority leader, or minority leader, of a State legislature or
        any House thereof; and
            (4) the term ``rule'' has the meaning given that term in
        section 551 of title 5, United States Code.
    (b) Submission of Legal Brief.--During any period during which a
proposed rule is open for public comment under chapter 5 of title 5,
United States Code, any designated State official may submit to the
head of the agency proposing the rule a legal brief challenging the
constitutionality of the proposed rule under the 10th Amendment.
    (c) Duty of Federal Official To Post Link to the Brief.--The head
of the agency proposing a rule described in subsection (b) shall
prominently post on the front page of the Web site of the agency, in
such a manner that it is immediately noticeable to individuals who
visit that Web site, a link to each brief submitted under subsection
(b).
    (d) Response by Federal Agency.--Unless an agency determines not to
finalize a proposed rule described in subsection (b), not later than 15
days after posting the link under subsection (c), the head of the
agency shall--
            (1) certify in writing that, in the opinion of the head of
        the agency, the rule does not violate the 10th Amendment;
            (2) include in the certification the full legal reasoning
        supporting that opinion; and
            (3) prominently post the certification on the front page of
        the Web site of the agency next to the links to the legal
        briefs pertaining to the rule posted under subsection (c).
    (e) Notice to Officials of Other States.--Not later than 15 days
after the date on which a designated State official submits a brief
under subsection (b), the head of the agency proposing the rule shall
give notice to each designated State official of each State that the
brief was submitted.
    (f) Actions by State Officials.--
            (1) Commencement of action.--At any time after the head of
        an agency posts a certification under subsection (d) that a
        rule does not violate the 10th Amendment, a designated State
        official may commence a civil action against the agency on the
        grounds that the rule of the agency violates the 10th
        Amendment.
            (2) Venue and jurisdiction.--If a designated State official
        decides to commence an action under paragraph (1), in addition
        to any other venue or jurisdiction that may be provided by law,
        the official may bring the action in the district court of the
        United States for the district in which the place of business
        of the official is located, which shall be a proper venue for
        the action and the court shall have jurisdiction of the action.
            (3) Expedited appeal.--Upon the filing of a notice of
        appeal by a designated State official who is a party to an
        action described in paragraph (1) brought in a district court
        of the United States, the appropriate court of appeals of the
        United States shall grant expedited review of a decision by the
        district court in the action.

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Expansion and Hiring
Act of 2011''.

SEC. 2. BUSINESS CREDIT FOR RETENTION OF CERTAIN INDIVIDUALS NEWLY
              HIRED BEFORE 2013.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:

``SEC. 45S. RETENTION OF CERTAIN INDIVIDUALS NEWLY HIRED BEFORE 2013.

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

``Sec. 45S. Retention of certain individuals newly hired before
                            2013.''.
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Output:
Small Business Expansion and Hiring Act of 2011 - Amends the Internal Revenue Code to allow nongovernmental employers who employ an average of fewer than 100 employees during a taxable year a retained worker tax credit until December 31, 2012, for the lesser of $4,000 ($6,000 for a long-term unemployed individual) or 6.2% of the wages paid to a retained worker during a period of not less than 52 consecutive weeks of employment.  Limits the amount of such credit with respect to any business location of the employer to $400,000 and provides that the number of retained workers taken into account for such credit shall not exceed the excess of the number of employees of the taxpayer at the end of the taxable year over the number of such employees at the beginning of the taxable year.

Defines "retained worker" to mean any qualified individual who was employed on any date during the taxable year for a period of not less than 52 weeks and whose wages during the last 26 weeks of such period equaled at least 80% of such wages for the first 26 weeks of such period.  Defines "qualified individual" as any individual who: (1) begins employment after 2010 and before 2014, (2) certifies by signed affidavit that such individual has not been employed for 40 hours or more per week during the 60-day period ending on the date such individual begins employment, (3) is not replacing another employee, and (4) is not disqualified for such credit by a relationship to the employer.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Tax Uncertainty Act of 2010''.

SEC. 2. EGTRRA AND JGTRRA TAX RELIEF MADE PERMANENT.

    (a) Economic Growth and Tax Relief Reconciliation Act of 2001.--
Title IX of the Economic Growth and Tax Relief Reconciliation Act of
2001 is hereby repealed.
    (b) Income Tax Rates on Dividends and Net Capital Gain.--Section
303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is
hereby repealed.
    (c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

SEC. 3. ESTATE AND GIFT TAX PERMANENTLY REPEALED.

    Effective for estates of decedents dying, gifts made, or generation
skipping transfers, after December 31, 2010, subtitle B of the Internal
Revenue Code of 1986 is repealed.

SEC. 4. PERMANENT INDIVIDUAL AMT RELIEF.

    (a) Modification of Alternative Minimum Tax Exemption Amount.--
            (1) In general.--Paragraph (1) of section 55(d) of the
        Internal Revenue Code of 1986 (relating to exemption amount) is
        amended to read as follows:
            ``(1) Exemption amount for taxpayers other than
        corporations.--In the case of a taxpayer other than a
        corporation, the term `exemption amount' means--
                    ``(A) the dollar amount for taxable years beginning
                in the calendar year as specified in the table
                contained in paragraph (4)(A) in the case of--
                            ``(i) a joint return, or
                            ``(ii) a surviving spouse,
                    ``(B) the dollar amount for taxable years beginning
                in the calendar year as specified in the table
                contained in paragraph (4)(B) in the case of an
                individual who--
                            ``(i) is not a married individual, and
                            ``(ii) is not a surviving spouse,
                    ``(C) 50 percent of the dollar amount applicable
                under paragraph (1)(A) in the case of a married
                individual who files a separate return, and
                    ``(D) $22,500 in the case of an estate or trust.
        For purposes of this paragraph, the term `surviving spouse' has
        the meaning given to such term by section 2(a), and marital
        status shall be determined under section 7703.''.
            (2) Specified exemption amounts.--Section 55(d) of such
        Code is amended by adding at the end the following new
        paragraph:
            ``(4) Specified exemption amounts.--
                    ``(A) Taxpayers described in paragraph (1)(A).--For
                purposes of paragraph (1))(A)--

------------------------------------------------------------------------
                                                                 The
             ``For taxable years beginning in--               exemption
                                                              amount is:
------------------------------------------------------------------------
2010.......................................................      $72,450
2011.......................................................      $74,450
2012.......................................................      $78,250
2013.......................................................      $81,450
2014.......................................................      $85,050
2015.......................................................      $88,650
2016.......................................................      $92,650
2017.......................................................      $96,550
2018.......................................................     $100,950
2019.......................................................     $105,150
2020.......................................................    $109,950.
------------------------------------------------------------------------

                    ``(B) Taxpayers described in paragraph (1)(B).--For
                purposes of paragraph (1))(B)--

------------------------------------------------------------------------
                                                                 The
             ``For taxable years beginning in--               exemption
                                                              amount is:
------------------------------------------------------------------------
2010.......................................................      $47,450
2011.......................................................      $48,450
2012.......................................................      $50,350
2013.......................................................      $51,950
2014.......................................................      $53,750
2015.......................................................      $55,550
2016.......................................................      $57,550
2017.......................................................      $59,500
2018.......................................................      $61,700
2019.......................................................      $63,800
2020.......................................................  $66,200.''.
------------------------------------------------------------------------

    (b) Alternative Minimum Tax Relief for Nonrefundable Credits.--
            (1) In general.--Subsection (a) of section 26 of the
        Internal Revenue Code of 1986 is amended to read as follows:
    ``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
            ``(1) the taxpayer's regular tax liability for the taxable
        year reduced by the foreign tax credit allowable under section
        27(a), and
            ``(2) the tax imposed by section 55(a) for the taxable
        year.''.
            (2) Conforming amendments.--
                    (A) Adoption credit.--
                            (i) Section 23(b) of such Code, as in
                        effect on December 31, 2009, is amended by
                        striking paragraph (4).
                            (ii) Section 23(c) of such Code, as in
                        effect on December 31, 2009, is amended by
                        striking paragraphs (1) and (2) and inserting
                        the following:
            ``(1) In general.--If the credit allowable under subsection
        (a) for any taxable year exceeds the limitation imposed by
        section 26(a) for such taxable year reduced by the sum of the
        credits allowable under this subpart (other than this section
        and sections 25D and 1400C), such excess shall be carried to
        the succeeding taxable year and added to the credit allowable
        under subsection (a) for such taxable year.''.
                            (iii) Section 23(c) of such Code, as in
                        effect on December 31, 2009 amended by
                        redesignating paragraph (3) as paragraph (2).
                    (B) Child tax credit.--
                            (i) Section 24(b) of such Code is amended
                        by striking paragraph (3).
                            (ii) Section 24(d)(1) of such Code is
                        amended--
                                    (I) by striking ``section 26(a)(2)
                                or subsection (b)(3), as the case may
                                be,'' each place it appears in
                                subparagraphs (A) and (B) and inserting
                                ``section 26(a)'', and
                                    (II) by striking ``section 26(a)(2)
                                or subsection (b)(3), as the case may
                                be'' in the second last sentence and
                                inserting ``section 26(a)''.
                    (C) Credit for interest on certain home
                mortgages.--Section 25(e)(1)(C) of such Code is amended
                to read as follows:
                    ``(C) Applicable tax limit.--For purposes of this
                paragraph, the term `applicable tax limit' means the
                limitation imposed by section 26(a) for the taxable
                year reduced by the sum of the credits allowable under
                this subpart (other than this section and sections 23,
                25D, and 1400C).''.
                    (D) Savers' credit.--Section 25B of such Code is
                amended by striking subsection (g).
                    (E) Residential energy efficient property.--Section
                25D(c) of such Code is amended to read as follows:
    ``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
                    (F) Certain plug-in electric vehicles.--Section
                30(c)(2) of such Code is amended to read as follows:
            ``(2) Personal credit.--For purposes of this title, the
        credit allowed under subsection (a) for any taxable year
        (determined after application of paragraph (1)) shall be
        treated as a credit allowable under subpart A for such taxable
        year.''.
                    (G) Alternative motor vehicle credit.--Section
                30B(g)(2) of such Code is amended to read as follows:
            ``(2) Personal credit.--For purposes of this title, the
        credit allowed under subsection (a) for any taxable year
        (determined after application of paragraph (1)) shall be
        treated as a credit allowable under subpart A for such taxable
        year.''.
                    (H) New qualified plug-in electric vehicle
                credit.--Section 30D(c)(2) of such Code is amended to
                read as follows:
            ``(2) Personal credit.--For purposes of this title, the
        credit allowed under subsection (a) for any taxable year
        (determined after application of paragraph (1)) shall be
        treated as a credit allowable under subpart A for such taxable
        year.''.
                    (I) Cross references.--Section 55(c)(3) of such
                Code is amended by striking ``26(a), 30C(d)(2),'' and
                inserting ``30C(d)(2)''.
                    (J) Foreign tax credit.--Section 904 of such Code
                is amended by striking subsection (i) and by
                redesignating subsections (j) , (k), and (l) as
                subsections (i), (j), and (k), respectively.
                    (K) First-time home buyer credit for the district
                of columbia.--Section 1400C(d) of such Code is amended
                to read as follows:
    ``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section and section 25D),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.

SEC. 5. MAXIMUM CORPORATE INCOME TAX RATE REDUCED TO 25 PERCENT.

    (a) In General.--Paragraph (1) of section 11(b) of the Internal
Revenue Code of 1986 is amended by striking ``but does not exceed
$75,000'' and all that follows and inserting a period.
    (b) Personal Service Corporations.--Paragraph (2) of section 11(b)
of such Code is amended by striking ``35 percent'' and inserting ``25
percent''.
    (c) Conforming Amendments.--
            (1) Subsection (a) of section 1201 of such Code is amended
        by striking ``35 percent'' each place it appears and inserting
        ``25 percent''.
            (2) Paragraphs (1) and (2) of section 1445(e) of such Code
        are each amended by striking ``35 percent'' and inserting ``25
        percent''.
    (d) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.

Output:
End Tax Uncertainty Act of 2010 - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001; (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce income tax rates on dividend and capital gains income; and (3) the repeal, after December 31, 2010, of the estate, gift, and generation-skipping transfer tax.

Amends the Internal Revenue Code to: (1) provide for annual increases, between 2010 and 2020, in the amount of the alternative minimum tax (AMT) exemption amount for single and married taxpayers; (2) allow a permanent offset against the AMT for certain nonrefundable tax credits; and (3) reduce to 25% the maximum income tax rate for corporations, including personal service corporations.


Input:
SECTION 1. WHISTLEBLOWER PROTECTION.

    (a) Definitions.--In this section:
            (1) Air carrier.--The term ``air carrier'' has the meaning
        given that term in section 40102 of title 49, United States
        Code.
            (2) Covered proceeding.--The term ``covered proceeding''
        means a proceeding conducted by the Secretary of Transportation
        or the Administrator of the Federal Aviation Administration to
        carry out a function of the Department of Transportation.
            (3) Employee.--The term ``employee'' means--
                    (A) an applicant that applies for employment by an
                air carrier, employee, or former employee of an air
                carrier; and
                    (B) includes a contractor or subcontractor of the
                Federal Aviation Administration carrying out a function
                of the Department of Transportation or of a contractor
                or subcontractor of an air carrier.
            (4) Related action.--The term ``related action'' means the
        actions of an employee to--
                    (A) notify an employer or the Secretary of
                Transportation of an alleged violation of title 49,
                United States Code;
                    (B) refuse to engage in any practice that the
                employee reasonably believes constitutes a violation of
                law (including a rule or regulation);
                    (C) testified before Congress or at any Federal or
                State proceeding regarding any provision of title 49,
                United States Code;
                    (D) commences, acts with the intention of
                commencing, or causes to be commenced a proceeding
                under title 49, United States Code;
                    (E) testified or is about to testify in any such
                proceeding; or
                    (F) assisted or participated or is about to
                participate in any manner in such a proceeding or in
                any other manner in such a proceeding or in any other
                action to carry out the purposes of title 49, United
                States Code.
    (b) Whistleblower Protection.--
            (1) Limitation on liability.--No employee shall be liable
        by reason of an activity described in subparagraph (A), (B), or
        (C) of paragraph (2).
            (2) Employees described.--An employee described in this
        paragraph is an employee who, in a manner consistent with
        applicable law--
                    (A) commences, acts with the intention of
                commencing, or causes to be commenced a covered
                proceeding;
                    (B) testifies or acts with the intention of
                testifying at a covered proceeding or with respect to a
                related action;
                    (C) assists with or participates in or acts with
                the intention of assisting or participating in a
                covered proceeding; or
                    (D) carries out a related action.
            (3) Refusal to violate law.--No employee shall be liable
        for refusing to violate or assist in the violation of any law
        (including any rule or regulation) in the course of employment,
        if the refusal is based on a reasonable belief that the law
        would be violated.
            (4) Prohibition on discrimination.--No air carrier,
        contractor, or subcontractor covered under this section may
        discriminate against an employee described in paragraph (2).
    (c) Procedures and Penalties.--
            (1) Filing of complaints and procedures.--
                    (A) In general.--An employee alleging
                discrimination (including discharge, discipline, or
                reassignment) in violation of subsection (b) or another
                person at the employee's request, may file a complaint
                with the Secretary of Labor not later than 180 days
                after the alleged violation occurs.
                    (B) Procedures.--
                            (i) In general.--The Secretary of Labor may
                        issue a subpoena for the attendance and
                        testimony of any person and the production of
                        documentary or other evidence from any person
                        if the testimony or production requested is not
                        unduly burdensome and appears reasonably
                        calculated to lead to the discovery of
                        admissible evidence.
                            (ii) Procedures.--Subject to paragraph (4),
                        in carrying out this subsection, the Secretary
                        of Labor shall, with respect to a complaint
                        described in subparagraph (A), use the same
                        procedures for filing complaints, conducting
                        investigations, holding hearings, and issuing
                        orders as are applicable to drivers of
                        commercial motor vehicles under section
                        31105(b) of title 49, United States Code.
                    (C) Burden of proof.--
                            (i) In general.--The Secretary of Labor
                        shall dismiss a complaint filed under
                        subparagraph (A), and shall not conduct the
                        investigation or provide relief after
                        completion of the procedures required under
                        subparagraph (B), unless the complainant has
                        made a prima facie showing that any behavior
                        described in subsection (b) (2) or (3) was a
                        contributing factor in the discrimination
                        (including discharge or discipline) alleged in
                        the complaint.
                            (ii) Demonstration by employer.--
                        Notwithstanding a finding by the Secretary that
                        the complainant has made a showing required
                        under clause (i), no investigation required or
                        relief available under subparagraph (B) shall
                        be carried out or made available if the
                        employer demonstrates, by clear and convincing
                        evidence, that it would have taken the same
                        unfavorable personnel action for legitimate,
                        independent reasons in the absence of such
                        behavior.
                    (D) Penalties.--The penalties contained in section
                31105(b) of title 49, United States Code, shall apply
                to persons who violate subsection (b) of this section
                in the same manner as those penalties apply to persons
                who violate section 31105(a) of title 49, United States
                Code.
            (2) Judicial review and venue.--A person adversely affected
        by an order issued pursuant to paragraph (1)(B) may seek
        judicial review in the same manner as is prescribed in section
        31105(c) of title 49, United States Code. The court in issuing
        any final order under this paragraph may award costs of
        litigation (including reasonable attorney and expert witness
        fees) to any party whenever the court determines such award is
        appropriate.
            (3) Civil actions.--If a person fails to comply with an
        order issued pursuant to paragraph (1), the Secretary of Labor
        shall bring a civil action to enforce the order in the district
        court of the United States for the judicial district in which
        the violation occurred.
            (4) Alternative procedures.--Upon filing a complaint under
        this subsection, with the mutual consent of the parties, the
        Secretary of Labor may provide for mediation or arbitration in
        a manner consistent with applicable law, in lieu of conducting
        a hearing and issuing an order under the procedures contained
        in section 31105(b) of title 49, United States Code.

SEC. 2. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES.

    Section 347(b)(1) of the Department of Transportation and Related
Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460)
is amended by inserting before the semicolon at the end the following:
``, including the provisions for investigation, adjudication, and
enforcement as provided for in chapters 12 and 77 of title 5, United
States Code''.

SEC. 3. PROTECTION AGAINST OVERBROAD RESTRICTIONS ON DISCLOSURES.

    (a) Prohibition.--
            (1) In general.--No employer may spend funds to implement
        or enforce the agreements in Standard Forms 312 and 4355 of the
        Federal Government or any other nondisclosure policy, form, or
        agreement if such policy, form, or agreement does not contain
        the following statement: ``These provisions are consistent with
        and do not supersede, conflict with, or otherwise alter the
        employee obligations, rights, or liabilities created by
        Executive Order No. 12958; section 7211 of title 5, United
        States Code (governing disclosures to Congress); section 1034
        of title 10, United States Code, (governing disclosures to
        Congress by members of the military); section 2302(b)(8) of
        title 5, United States Code (governing disclosures of
        illegality, waste, fraud, abuse, or public health or safety
        threats); the Intelligence Identities Protection Act of 1982
        (50 U.S.C. 421 et seq.) (governing disclosures that could
        expose confidential Government agents); and the statutes which
        protect against disclosures which may compromise the national
        security, including sections 641, 793, 794, 798, and 952 of
        title 18, United States Code, and section 4(b) of the
        Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
        definitions, requirements, obligations, rights, sanctions, and
        liabilities created by such Executive order and such provisions
        are incorporated into this Agreement and are controlling.''.
            (2) Intelligence activities.--Notwithstanding the paragraph
        (1), a nondisclosure policy, form, or agreement that is to be
        executed by a person connected with the conduct of an
        intelligence or intelligence-related activity, other than an
        employee or officer of the United States Government, may
        contain provisions appropriate to the particular activity for
        which such document is to be used. Such form or agreement
        shall, at a minimum, require that the person will not disclose
        classified information received in the course of such activity
        unless specifically authorized to do so by the United States
        Government.
            (3) Violations of law.--Nondisclosure agreements or forms
        described in paragraph (1) shall clarify that such agreements
        do not bar disclosures to Congress or to an authorized official
        of an executive agency or the Department of Justice that are
        essential to reporting a substantial violation of law.
    (b) Civil Actions.--An employee, former employee, or applicant for
employment to which this section applies may, with respect to an action
for a violation of section 7211 or 7212 of title 49, United States
Code, that is taken, threatened, or proposed to be taken against such
employee, former employee, or applicant for employment, bring a civil
action for a jury trial in the appropriate district court of the United
States for relief.
    (c) Procedures.--In any action brought under subsection (b)--
            (1) the matter shall be reviewed de novo by the court; and
            (2) the proceeding shall be governed by the legal burdens
        of proof in sections 1214(b)(4)(B) and 1221(e) of title 5,
        United States Code.

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Making Education Affordable Act''.

SEC. 2. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.

    Part B of title VII of the Higher Education Act of 1965 (20 U.S.C.
1138 et seq.) is amended--
            (1) by redesignating section 745 as section 746;
            (2) in section 746, as redesignated by paragraph (1), by
        striking ``fiscal year 2009'' and inserting ``fiscal year
        2018''; and
            (3) by inserting after section 744 the following:

``SEC. 745. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.

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

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping Responsible Homeowners
Act''.

SEC. 2. AFFORDABLE REFINANCING OF MORTGAGES OWNED OR GUARANTEED BY
              FANNIE MAE AND FREDDIE MAC.

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

SEC. 3. NOTICE OF THE REFINANCING PROGRAM.

    The Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation shall require each servicer of a mortgage owned or
guaranteed by each such enterprise to inform each borrower of such
mortgage of the refinancing program authorized and established under
section 2.

SEC. 4. REPORT.

    The Director shall, as part of the monthly Foreclosure Prevention &
Refinance Report published by the Director, include information on the
progress of the refinancing program authorized and established under
section 2.

Output:
Helping Responsible Homeowners Act - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs) each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage (and for the purchase of and securitization of such refinancing mortgages) in accordance with this Act and the policies and procedures of the Federal Housing Finance Agency.

Defines a qualified mortgage as one that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence; (2) is owned or guaranteed by the particular GSE; and (3) the mortgagor is current on payments due under the mortgage.

Specifies the terms and conditions of a refinancing mortgage, including a 40-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage.

Prohibits the GSEs from charging a mortgagee any up-front fee beyond the standard guarantee fee for the refinancing of the qualified mortgage. Makes ineligible for purchase or guarantee by either GSE of any new mortgage originated by a servicer or creditor holding a second lien on a qualified mortgage who refuses to resubordinate that lien, and thereby prevents the refinancing of the qualified mortgage.

Directs the GSEs to require each servicer of a mortgage owned or guaranteed by the GSE to inform each mortgage borrower of the refinancing program authorized and established under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Money Laundering Abatement Act of
1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Money laundering is a serious problem that enables
        criminals to reap the rewards of their crimes by hiding the
        criminal source of their profits.
            (2) When carried out by using banks, money laundering
        erodes the integrity of our financial institutions.
            (3) United States financial institutions are a critical
        link in our efforts to combat money laundering.
            (4) In addition to organized crime enterprises, corrupt
        government officials around the world increasingly employ
        sophisticated money laundering schemes to conceal wealth they
        have plundered or extorted from their nations or received as
        bribes, and these practices weaken the legitimacy of foreign
        states, threaten the integrity of international financial
        markets, and harm foreign populations.
            (5) Private banking is a growing activity among financial
        institutions based in and operating in the United States.
            (6) The high profitability, competition, high level of
        secrecy, and close relationships of trust developed between
        private bankers and their clients make private banking
        vulnerable to money laundering.
            (7) The use by United States bankers of financial centers
        located outside of the United States that have weak financial
        regulatory and reporting regimes and no transparency
        facilitates global money laundering.
    (b) Purpose.--The purpose of this Act is to eliminate the
weaknesses in Federal law that allow money laundering to flourish,
particularly in private banking activities.

SEC. 3. IDENTIFICATION OF ACTUAL OR BENEFICIAL OWNERS OF ACCOUNTS.

    (a) Transactions and Accounts With or on Behalf of Foreign
Entities.--Subchapter II of chapter 53 of title 31, United States Code,
is amended by adding at the end the following:
``Sec. 5331. Requirements relating to transactions and accounts with or
              on behalf of foreign entities
    ``(a) Definitions.--Notwithstanding any other provision of this
subchapter, in this section the following definitions shall apply:
            ``(1) Account.--The term `account'--
                    ``(A) means a formal banking or business
                relationship established to provide regular services,
                dealings, and other financial transactions; and
                    ``(B) includes a demand deposit, savings deposit,
                or other asset account and a credit account or other
                extension of credit.
            ``(2) Correspondent account.--The term `correspondent
        account' means an account established to receive deposits from
        and make payments on behalf of a correspondent bank.
            ``(3) Correspondent bank.--The term `correspondent bank'
        means a depository institution that accepts deposits from
        another financial institution and provides services on behalf
        of such other financial institution.
            ``(4) Depository institution.--The term `depository
        institution' has the same meaning as in section 19(b)(1)(A) of
        the Federal Reserve Act.
            ``(5) Foreign banking institution.--The term `foreign
        banking institution' means a foreign entity that engages in the
        business of banking, and includes foreign commercial banks,
        foreign merchant banks, and other foreign institutions that
        engage in banking activities usual in connection with the
        business of banking in the countries where they are organized
        or operating.
            ``(6) Foreign entity.--The term `foreign entity' means an
        entity that is not organized under the laws of the Federal
        Government of the United States, any State of the United
        States, the District of Columbia, or the Commonwealth of Puerto
        Rico.
    ``(b) Prohibition on Opening or Maintaining Accounts Belonging to
or for the Benefit of Unidentified Owners.--A depository institution or
a branch of a foreign bank (as defined in section 1 of the
International Banking Act of 1978) may not open or maintain any account
in the United States for a foreign entity or a representative of a
foreign entity, unless--
            ``(1) for each such account, the institution completes and
        maintains in the United States a form or record identifying, by
        a verifiable name and account number, each person having a
        direct or beneficial ownership interest in the account; or
            ``(2) some or all of the shares of the foreign entity are
        publicly traded.
    ``(c) Prohibition on Opening or Maintaining Correspondent Accounts
or Correspondent Bank Relationship With Certain Foreign Banks.--A
depository institution, or branch of a foreign bank, as defined in
section 1 of the International Banking Act of 1978, may not open or
maintain a correspondent account in the United States for or on behalf
of a foreign banking institution, or establish or maintain a
correspondent bank relationship with a foreign banking institution
(other than in the case of an affiliate of a branch of a foreign bank),
that--
            ``(1) is organized under the laws of a jurisdiction outside
        of the United States; and
            ``(2) is not subject to comprehensive supervision or
        regulation on a consolidated basis by the appropriate
        authorities in such jurisdiction.
    ``(d) 48-Hour Rule.--Not later than 48 hours after receiving a
request by the appropriate Federal banking agency (as defined in
section 3 of the Federal Deposit Insurance Act) for information related
to anti-money laundering compliance by a financial institution or a
customer of that institution, a financial institution shall provide to
the requesting agency, or make available at a location specified by the
representative of the agency, information and account documentation for
any account opened, maintained, or managed in the United States by the
financial institution.''.
    (b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 53 of title 31, United States Code, is amended
by inserting after the item relating to section 5330 the following:

``5331. Requirements relating to transactions and accounts with or on
                            behalf of foreign entities.''.
    (c) Effective Date.--The amendments made by this section shall
apply--
            (1) with respect to any account opened on or after the date
        of enactment of this Act, as of such date; and
            (2) with respect to any account opened before the date of
        enactment of this Act, as of the end of the 6-month period
        beginning on such date.

SEC. 4. PROPER MAINTENANCE OF CONCENTRATION ACCOUNTS AT FINANCIAL
              INSTITUTIONS.

    Section 5318(h) of title 31, United States Code, is amended by
adding at the end the following:
            ``(3) Availability of certain account information.--The
        Secretary shall prescribe regulations under this subsection
        that govern maintenance of concentration accounts by financial
        institutions, in order to ensure that such accounts are not
        used to prevent association of the identity of an individual
        customer with the movement of funds of which the customer is
        the direct or beneficial owner, which regulations shall, at a
        minimum--
                    ``(A) prohibit financial institutions from allowing
                clients to direct transactions that move their funds
                into, out of, or through the concentration accounts of
                the financial institution;
                    ``(B) prohibit financial institutions and their
                employees from informing customers of the existence of,
                or means of identifying, the concentration accounts of
                the institution; and
                    ``(C) require each financial institution to
                establish written procedures governing the
                documentation of all transactions involving a
                concentration account, which procedures shall ensure
                that, any time a transaction involving a concentration
                account commingles funds belonging to 1 or more
                customers, the identity of, and specific amount
                belonging to, each customer is documented.''.

SEC. 5. DUE DILIGENCE REQUIRED FOR PRIVATE BANKING.

    The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is
amended by inserting after section 10 the following:

``SEC. 5A. DUE DILIGENCE.

    ``(a) Private Banking.--In fulfillment of its anti-money laundering
obligations under section 5318(h) of title 31, United States Code, each
depository institution that engages in private banking shall establish
due diligence procedures for opening and reviewing, on an ongoing
basis, accounts of private banking customers.
    ``(b) Minimum Standards.--The due diligence procedures required by
paragraph (1) shall, at a minimum, ensure that the depository
institution knows and verifies, through probative documentation, the
identity and financial background of each private banking customer of
the institution and obtains sufficient information about the source of
funds of the customer to meet the anti-money laundering obligations of
the institution.
    ``(c) Compliance Review.--The appropriate Federal banking agencies
shall review compliance with the requirements of this section as part
of each examination of a depository institution under this Act.
    ``(d) Regulations.--The Board of Governors of the Federal Reserve
System shall, after consultation with the other appropriate Federal
banking agencies, define the term `private banking' by regulation for
purposes of this section.''.

SEC. 6. SUPPLEMENTATION OF CRIMES CONSTITUTING MONEY LAUNDERING.

    Section 1956(c)(7)(B) of title 18, United States Code, is amended--
            (1) by striking clause (ii) and inserting the following:
                            ``(ii) any conduct constituting a crime of
                        violence;''; and
            (2) by adding at the end the following:
                            ``(iv) fraud, or any scheme to defraud,
                        committed against a foreign government or
                        foreign governmental entity under the laws of
                        that government or entity;
                            ``(v) bribery of a foreign public official,
                        or the misappropriation, theft, or embezzlement
                        of public funds by or for the benefit of a
                        foreign public official under the laws of the
                        country in which the subject conduct occurred
                        or in which the public official holds office;
                            ``(vi) smuggling or export control
                        violations involving munitions listed in the
                        United States Munitions List or technologies
                        with military applications, as defined in the
                        Commerce Control List of the Export
                        Administration Regulations;
                            ``(vii) an offense with respect to which
                        the United States would be obligated by a
                        multilateral treaty either to extradite the
                        alleged offender or to submit the case for
                        prosecution, if the offender were found within
                        the territory of the United States; or
                            ``(viii) the misuse of funds of, or
                        provided by, the International Monetary Fund in
                        contravention of the Articles of Agreement of
                        the Fund or the misuse of funds of, or provided
                        by, any other international financial
                        institution (as defined in section 1701(c)(2)
                        of the International Financial Institutions
                        Act) in contravention of any international
                        treaty or other international agreement to
                        which the United States is a party, including
                        any articles of agreement of the members of
                        such international financial institution;''.

SEC. 7. PROHIBITION ON FALSE STATEMENTS TO FINANCIAL INSTITUTIONS
              CONCERNING THE IDENTITY OF A CUSTOMER.

    (a) In General.--Chapter 47 of title 18, United States Code
(relating to fraud and false statements), is amended by inserting after
section 1007 the following:
``Sec. 1008. False statements concerning the identity of customers of
              financial institutions
    ``(a) In General.--Whoever knowingly in any manner--
            ``(1) falsifies, conceals, or covers up, or attempts to
        falsify, conceal, or cover up, the identity of any person in
        connection with any transaction with a financial institution;
            ``(2) makes, or attempts to make, any materially false,
        fraudulent, or fictitious statement or representation of the
        identity of any person in connection with a transaction with a
        financial institution;
            ``(3) makes or uses, or attempts to make or use, any false
        writing or document knowing the same to contain any materially
        false, fictitious, or fraudulent statement or entry concerning
        the identity of any person in connection with a transaction
        with a financial institution; or
            ``(4) uses or presents, or attempts to use or present, in
        connection with a transaction with a financial institution, an
        identification document or means of identification the
        possession of which is a violation of section 1028;
shall be fined under this title, imprisoned not more than 5 years, or
both.
    ``(b) Definitions.--In this section:
            ``(1) Financial institution.--In addition to the meaning
        given to the term `financial institution' by section 20, the
        term `financial institution' also has the meaning given to such
        term in section 5312(a)(2) of title 31.
            ``(2) Identification document and means of
        identification.--The terms `identification document' and `means
        of identification' have the meanings given to such terms in
        section 1028(d).''.
    (b) Technical and Conforming Amendments.--
            (1) Title 18, united states code.--Section 1956(c)(7)(D) of
        title 18, United States Code, is amended by striking ``1014
        (relating to fraudulent loan'' and inserting ``section 1008
        (relating to false statements concerning the identity of
        customers of financial institutions), section 1014 (relating to
        fraudulent loan''.
            (2) Table of sections.--The table of sections for chapter
        47 of title 18, United States Code, is amended by inserting
        after the item relating to section 1007 the following:

``1008. False statements concerning the identity of customers of
                            financial institutions.''.

SEC. 8. APPROPRIATION FOR FINCEN TO IMPLEMENT SAR/CTR ALERT DATABASE.

    There is authorized to be appropriated $1,000,000, to remain
available until expended, for the Financial Crimes Enforcement Network
of the Department of the Treasury to implement an automated database
that will alert law enforcement officials if Currency Transaction
Reports or Suspicious Activity Reports disclose patterns that may
indicate illegal activity, including any instance in which multiple
Currency Transaction Reports or Suspicious Activity Reports name the
same individual within a prescribed period of time.

SEC. 9. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.

    Section 1956(b) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as
        subparagraphs (A) and (B), respectively;
            (2) by inserting ``(1)'' after ``(b)'';
            (3) by inserting ``, or section 1957'' after ``or (a)(3)'';
        and
            (4) by adding at the end the following:
    ``(2) For purposes of adjudicating an action filed or enforcing a
penalty ordered under this section, the district courts shall have
jurisdiction over any foreign person, including any financial
institution authorized under the laws of a foreign country, that
commits an offense under subsection (a) involving a financial
transaction that occurs in whole or in part in the United States, if
service of process upon such foreign person is made under the Federal
Rules of Civil Procedure or the laws of the country in which the
foreign person is found.
    ``(3) The court may issue a pretrial restraining order or take any
other action necessary to ensure that any bank account or other
property held by the defendant in the United States is available to
satisfy a judgment under this section.''.

SEC. 10. LAUNDERING MONEY THROUGH A FOREIGN BANK.

    Section 1956(c)(6) of title 18, United States Code, is amended to
read as follows:
            ``(6) the term `financial institution' includes--
                    ``(A) any financial institution described in
                section 5312(a)(2) of title 31, or the regulations
                promulgated thereunder; and
                    ``(B) any foreign bank, as defined in section
                1(b)(7) of the International Banking Act of 1978 (12
                U.S.C. 3101(7)).''.

SEC. 11. EFFECTIVE DATE.

    Except as otherwise specifically provided in this Act, this Act and
the amendments made by this Act shall take effect 90 days after the
date of enactment of this Act.

Output:
(Sec. 3) Requires a financial institution to comply within 48 hours with a Federal banking agency request for anti- money laundering information.
(Sec. 4) Instructs the Secretary of the Treasury to prescribe regulations governing maintenance of concentration accounts by financial institutions to ensure that such accounts are not used to prevent association of the identity of an individual customer with the movement of funds of which the customer is the direct or beneficial owner.
(Sec. 5) Amends the Federal Deposit Insurance Act to require each depository institution engaging in private banking to establish due diligence procedures for ongoing review of private banking customer accounts.
(Sec. 6) Amends Federal criminal law to: (1) expand the designations of unlawful laundering of monetary instruments; (2) impose a fine and imprisonment for false statements to financial institutions concerning the identity of a customer; and (3) grant district courts jurisdiction over any foreign person that commits a financial transaction offense in the United States, including court issuance of a pretrial restraining order.
(Sec. 8) Authorizes appropriations for the Financial Crimes Enforcement Network of the Department of the Treasury to implement an automated database to alert law enforcement officials if Currency Transaction Reports or Suspicious Activity Reports disclose patterns of illegal activity, including multiple Currency Transaction Reports or Suspicious Activity Reports which name the same individual within a prescribed period of time.


Input:
TITLE I--FEDERAL AIRPORTS SECURITY ENHANCEMENT ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Federal Airports Security
Enhancement Act''.

SEC. 102. ESTABLISHMENT OF AIRPORT SECURITY COMMITTEES.

    The Act of July 5, 1994 (49 U.S.C. 44935), is amended--
            (1) by striking section 44901 subparagraph (b) and
        inserting the following:

``SEC. 103. EMPLOYMENT STANDARDS AND TRAINING.''.

            (2) by striking section 44935 subparagraph (b) and
        inserting the following:
    ``(a) Review and Recommendations.--The Administrator of the Federal
Aviation Administration shall establish Security Committees at each
airport location to be composed of representatives of the air carriers,
airport operators, other interested parties and at least one
representative from the Federal Protective Service, the Federal Bureau
of Investigation, The Federal Aviation Administration and one member
from each local jurisdiction that the airport may be located in or that
may have jurisdictional authority for the airport facility. Each
Airport Security Committee shall meet at least quarterly and shall make
recommendations for minimum security countermeasures to the
Administrator. The Federal Protective Service shall have primary
responsibility for conducting on an ongoing basis security surveys and
formulating recommendations to the Security Committee. The
Administrator shall prescribe appropriate changes in existing
procedures to improve that performance.''.

SEC. 103. SCREENING PASSENGERS AND PROPERTY.

    The Act of July 5, 1994 (49 U.S.C. 44935), is amended by striking
section 44901, subparagraph (a), and inserting the following:
    ``(a) General Requirements.--The Administrator of the Federal
Aviation Administration shall prescribe regulations requiring screening
of all passengers and property that will be carried in a cabin of an
aircraft in air transportation or intrastate air transportation. The
screening must take place before boarding and be carried out by a
weapon detecting facility or procedure used or operated by an employee
or agent of the Federal Protective Service. The Administrator--
            ``(1) shall require that sufficient Federal Police Officers
        are posted at airport facilities to provide patrol duties
        during all hours of operations as well as supervise screening
        personnel;
            ``(2) shall maintain sufficient numbers of Special Agents
        to provide necessary investigative and supervisory capability;
        and
            ``(3) shall obtain all necessary personnel and
        authorization from the Administrator of the General Services
        Administration.''.

SEC. 104. DESIGNATION OF POLICE OFFICERS.

    The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended--
            (1) in section 1 by striking the section heading and
        inserting the following:

``SEC. 2. POLICE OFFICERS.'';

            (2) in sections 1 and 3 by striking ``special policemen''
        each place it appears and inserting ``police officers'';
            (3) in section 1(a) by striking ``uniformed guards'' and
        inserting ``certain employees''; and
            (4) in section 1(b) by striking ``Special policemen'' and
        inserting the following:
            ``(1) In general.--Police officers''.

SEC. 105. POWERS.

    Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is
further amended--
            (1) by adding at the end the following:
            ``(2) Additional powers.--Subject to paragraph (3), a
        police officer or Special Agent appointed under this section is
        authorized--
                    ``(A) to carry firearms in any State, the District
                of Columbia, the Commonwealth of Puerto Rico, or any
                territory or possession of the United States;
                    ``(B) to petition Federal courts for arrest and
                search warrants and to execute such warrants;
                    ``(C) to arrest an individual without a warrant if
                the individual commits a crime in the officer's
                presence or if the officer has probable cause to
                believe that the individual has committed a crime or is
                committing a crime; and
                    ``(D) to conduct investigations, on and off the
                property in question, of offenses that have been or may
                be committed against property under the charge and
                control of the Administrator or against persons on such
                property.
            ``(3) Authority outside federal property.--The
        Administrator may enter into agreements with State and local
        governments to obtain authority for police officers appointed
        under this section to exercise, concurrently with State and
        local law enforcement authorities, the powers granted to such
        officers under this section in areas adjacent to property owned
        or occupied by the United States and under the charge and
        control of the Administrator:
                    ``(A) The Administrator will in coordination with
                the Administrator of the Federal Aviation
                Administration confer the powers granted to such
                officers under this section in areas under the charge
                and control of the Administrator of the Federal
                Aviation Administration.''; and
            (2) by moving the left margin of paragraph (1) (as
        designated by section 202(4) of this Act) so as to
        appropriately align with paragraphs (2), (3), and (4) (as added
        by paragraph (1) of this subsection).

SEC. 105. SPECIAL AGENTS.

    Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended--
            (1) by striking ``nonuniformed special policemen'' each
        place it appears and inserting ``special agents'';
            (2) by striking ``special policemen'' and inserting
        ``special agent''; and
            (3) by adding at the end the following: ``Any such special
        agent while on duty shall have the same authority outside
        Federal property as police officers have under section
        1(b)(4).''.

SEC. 106. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.

    (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
amended by adding at the end the following:

``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.

    ``(a) In General.--The Administrator of General Services shall
establish the Federal Protective Service as a separate operating
service of the General Service Administration.
    ``(b) Appointment of Commissioner.--
            ``(1) In general.--The Federal Protective Service shall be
        headed by a Commissioner who shall be appointed by and report
        directly to the Administrator.
            ``(2) Qualifications.--The Commissioner shall be appointed
        from among individuals who have at least 5 years of
        professional law enforcement experience in a command or
        supervisory position.
    ``(c) Duties of the Commissioner.--The Commissioner shall--
            ``(1) assist the Administrator in carrying out the duties
        of the Administrator under this Act;
            ``(2) except as otherwise provided by law, serve as the law
        enforcement officer and security official of the United States
        with respect to the protection of Federal officers and
        employees in buildings and areas that are owned or occupied by
        the United States and under the charge and control of the
        Administrator (other than buildings and areas that are secured
        by the United States Secret Service);
            ``(3) render necessary assistance, as determined by the
        Administrator, to other Federal, State, and local law
        enforcement agencies upon request; and
            ``(4) coordinate the activities of the Commissioner with
        the activities of the Commissioner of the Public Buildings
        Service.
Nothing in this subsection may be construed to supersede or otherwise
affect the duties and responsibilities of the United States Secret
Service under sections 1752 and 3056 of title 18, United States Code.
    ``(d) Appointment of Regional Directors and Assistant
Commissioners.--
            ``(1) In general.--The Commissioner may appoint regional
        directors and assistant commissioners of the Federal Protective
        Service.
            ``(2) Qualifications.--The Commissioner shall select
        individuals for appointments under paragraphs (1) from among
        individuals who have at least 5 years of direct law enforcement
        experience, including at least 2 years in a supervisory
        position.''.
    (b) Pay Level of Commissioner.--Section 5316 of title 5, United
States Code, is amended by inserting after the paragraph relating to
the Commissioner of the Public Buildings Service the following:
``Commissioner, Federal Protective Service, General Services
Administration.''.

SEC. 107. PAY AND BENEFITS.

    The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:

``SEC. 7. PAY AND BENEFITS.

    ``(a) Survey.--The Director of the Office of Personnel Management
shall conduct a survey of the pay and benefits of all Federal police
forces to determine whether there are disparities between the pay and
benefit of such forces that are not commensurate with differences in
duties of working conditions.
    ``(b) Pay Schedule.--The Director of the Office of Personnel
Management shall in connection with the survey conducted in subsection
(a) produce a pay and benefit schedule for employees of the Federal
Protective Service to be contained in the findings and recommendations.
    ``(c) Report.--Not later than 6 months after the date of the
enactment of this section, the Director shall transmit to Congress a
report containing the results of the survey conducted under subsection
(a), together with the Director's findings and recommendations.''.

SEC. 108. NUMBER OF POLICE OFFICERS.

    (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
further amended by adding at the end the following:

``SEC. 8. NUMBER OF POLICE OFFICERS.

    ``After the 1-year period beginning on the date of the enactment of
this section, there shall be at least 1,000 full-time equivalent police
officers in the Federal Protective Service to be assigned to areas
outside of airport operations. This number shall not be reduced unless
specifically authorized by law. The Administrator of the General
Services Administration and the Administrator of the Federal Aviation
Administration shall jointly determine full time equivalent number of
Police Officers and Special Agents assigned to airport security and law
enforcement.''.

SEC. 109. EMPLOYMENT STANDARDS AND TRAINING.

    The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:

``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.

    ``(a) In General.--The Commissioner of the Federal Protective
Service shall prescribe minimum standards of suitability for employment
to be applied in the contracting of security personnel for buildings
and areas that are owned or occupied by the United States and under the
control and charge of the Administrator of General Services:
            ``(1) Contract cost.--The Commissioner of the Federal
        Protective Service shall conduct a cost analysis on each
        security personnel supply contract to determine if the use of
        personnel directly employed by the United States would be more
        cost effective for use in buildings and areas that are owned or
        occupied by the United States and under the control and charge
        of the Administrator of General Services. The Commissioner of
        the Federal Protective Service may not use the prescribed cost
        analysis for purposes of reducing the number of Police Officers
        with the Federal Protective Service''.

SEC. 110. AUTHORIZATION OF COST RECOVERY.

    The Administrator of the General Services Administration is
authorized to recover all direct and indirect costs associated with
airport security operations under this Act from the Federal Aviation
Administration:
            (a) Operations cost recovery.--The Administrator of the
        Federal Aviation Administration is authorized to recover costs
        associated with enhanced security operations from the airport
        authorities and air carriers where such entities are currently
        providing services that would be replaced by the requirements
        in this act in such matter as may be determined by the
        Administrator.
            (b) The Administrator of the Federal Aviation
        Administration may recover all direct costs of enhancements
        required by this act where such personnel or services do not
        currently exist and no appropriation is available from airport
        authorities and air carriers in such manner as the
        Administrator may determine.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:

``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated from the Federal Buildings
Fund established by section 210(f) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(f)) and from the
Federal Aviation Administration such sums as may be necessary to carry
out this Act.''.

Output: Federal Airports Security Enhancement Act - Amends Federal aviation law to direct the Administrator of the Federal Aviation Administration (FAA) to establish at each airport a Security Committee which shall make recommendations for minimum security counter-measures. Requires the Administrator, on the basis of such recommendations, to prescribe appropriate changes to improve the performance of existing airport security procedures.Requires the screening of passengers and property that will be carried in a cabin of an aircraft to be carried out by Federal Protective Service employees or agents. (Currently, screening is carried out by employees or agents of an air carrier, interstate air carrier, or foreign air carrier).Authorizes the Administrator of the General Services Administration (GSA) to appoint police officers and special agents (currently, special policemen and nonuniformed special policemen) for the policing of all Federal buildings (including buildings under the control of the GSA). Sets forth certain additional powers of such officers and agents, including the authority to carry firearms and to police areas adjacent to Federal property.Establishes the Federal Protective Service as a separate operating service of the GSA. Calls for at least 1,000 full-time equivalent Service police officers to be assigned to areas outside of airport operations. Requires the Commissioner of the Service to prescribe minimum employment and training standards to be applied in the contracting of security personnel for the policing of buildings and areas controlled by the United States and GSA. Authorizes GSA to recover airport security costs from the FAA.