S.Amdt. 4442

SA 4442. Mr. REID (for Mr. Obama) submitted an amendment intended to be proposed by Mr. Reid to the bill H.R. 3221, moving the United States toward greater energy independence and security, developing innovative new technologies, reducing carbon emissions, creating green jobs, protecting consumers, increasing clean renewable energy production, and modernizing our energy infrastructure, and to amend the Internal Revenue Code of 1986 to provide tax incentives for the production of renewable energy and energy conservation; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE VIII--DEBARRED OR CENSURED MORTGAGE PROFESSIONAL DATABASE

SEC. 801. DEBARRED OR CENSURED MORTGAGE PROFESSIONAL DATABASE.

(a) Establishment.--

(1) In general.--Not later than 18 months after the date of enactment of this Act, the Attorney General shall establish a Debarred or Censured Mortgage Professional Database that may be accessed by authorized depository institutions, mortgage lenders, mortgage professionals, securities and bond rating agencies, and consumers to determine the Federal and State bar status of mortgage professionals regulated by any Federal or State agency.

(2) Private certification boards.--Any widely accepted private certification board shall have authority to access, maintain, and update the Debarred or Censured Mortgage Professional Database established in paragraph (1) for purposes of adding or removing the information of any mortgage professional contained in such Database.

(3) Widely accepted private certification board.--Not later than 18 months after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Treasury, shall--

(A) determine the definition of the term “widely accepted private certification board”; and

(B) issue procedures and guidance on how officers, agents, and employees of such boards shall conduct the responsibilities described in paragraph (2).

(4) Public availability.--The Attorney General shall make the Debarred or Censured Mortgage Professional Database established in paragraph (1) available to the public on the Internet, without fee or other access charge, in a searchable, sortable, and downloadable manner.

(b) Immunity From Civil Liability.--Any officer, agent, or employee of a widely accepted private certification board, who in good faith follows the procedures and guidance set forth under subsection (a)(3)(B), shall not be liable in any court of any State or the United States to any mortgage professional or other person--

(1) for carrying out the responsibilities described in subsection (a)(2); or

(2) for nondisclosure to that mortgage professional or other person that such conduct occurred.

(c) Whistleblower Protection.--

(1) In general.--No officer, agent, or employee of a widely accepted private certification board may be discharged, demoted, threatened, suspended, harassed, or in any other manner discriminated against in the terms and conditions of the employment of such officer, agent, or employee because of any lawful act done by such officer, agent, or employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any--

(A) possible violation of this section, including not following the procedures and guidance set forth under subsection (a)(3)(B); or

(B) other misconduct, by any other officer, agent, or employee of the board.

(2) Civil action.--An officer, agent, or employee injured by a violation of paragraph (1) may, in a civil action, obtain appropriate relief.

(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to establish and maintain the database required under subsection (a).