Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Troubled Assets Relief Program
Targeted Assets Act of 2009''.

SEC. 2. DEFINITIONS.

    Section 3 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by striking paragraph (9)
and inserting the following new paragraphs:
            ``(9) Troubled assets.--The term `troubled assets' means--
                    ``(A) any residential mortgage, and any security,
                obligation, or other instrument that is based on or
                related to such mortgage--
                            ``(i) is in pre-foreclosure;
                            ``(ii) with respect to which the borrower
                        has missed at least 2 payments within the last
                        6 months; or
                            ``(iii) which is in forbearance; or
                    ``(B) any other financial instrument that the
                Secretary, after consultation with the Chairman of the
                Board of Governors of the Federal Reserve System,
                determines the purchase of which is necessary to
                promote financial market stability, but only upon
                transmittal of such determination, in writing, to the
                appropriate committees of Congress.
            ``(10) Rehabilitated mortgage.--The term `rehabilitated
        mortgage' means a mortgage which has been restructured,
        refinanced or otherwise modified to lower the borrower's
        monthly payment--
                    ``(A) creating a front-end debt ratio, including
                the cost of mortgage principal, interest, taxes, and
                insurance, of no more than 30 percent of the gross
                monthly income of the borrower; or
                    ``(B) to a term deemed affordable by the borrower
                after full disclosure by the lender and pursuant to
                rules as may be established by the Secretary.
            ``(11) Independent appraiser.--The term `independent
        appraiser' means a person who--
                    ``(A) is licensed pursuant to the laws and
                regulations of the State where the person practices;
                    ``(B) is disclosed to the borrower or buyer; and
                    ``(C) is not coerced, extorted, induced,
                intimidated, bribed or otherwise influenced by or in
                collusion with the mortgage lender, mortgaged broker,
                mortgage banker, real estate broker, appraisal
                management company or other persons or companies having
                a vested interest in the transaction.''.

SEC. 3. LIMIT ON AUTHORITY TO WRITE OFF LOSSES.

    Section 101 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by striking subsection
(a) and inserting the following new subsection:
    ``(a) Authority.--
            ``(1) In general.--The Secretary is authorized to establish
        the Troubled Asset Restoration and Assistance Program
        (hereafter in this title referred to as the `TARAP') to allow
        the Treasury to purchase lender or servicer `losses' on
        rehabilitated mortgages, on such terms and conditions as are
        defined in this Act and determined by the Secretary.
            ``(2) Authority to purchase.--Through the TARAP, the
        Treasury shall pay up to 80 percent of the difference between
        the original asset and the rehabilitated asset to the lender or
        servicer under certain conditions.
            ``(3) Write off of remainder.--That portion of the
        difference between the original asset and the rehabilitated
        asset to the lender or servicer that is not paid for by the
        Secretary under paragraph (2) may be written to loss.''.

SEC. 4. REGULATIONS AND GUIDELINES.

    Section 101(c) of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by striking paragraph (5)
and inserting the following new paragraphs:
            ``(5) Issuing such regulations and other guidance as may be
        necessary or appropriate to define terms or carry out the
        authorities or purposes of this title including determining
        qualifications for an independent appraiser, making the final
        determinations as to whether an asset is troubled, what the
        values are that will determine the amount of purchase, the
        amount of reductions in the purchase price for purposes of
        subsection (d)(2), and any other functionality issues required
        to operate the program.
            ``(6) Conforming to guidelines established in subsection
        (g), the Secretary is authorized to make all necessary rules
        and determinations regarding documented best efforts, required
        timelines, and other processes and procedures.''.

SEC. 5. ELIGIBLE ASSET.

    Section 101 of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
            (1) by striking subsection (d);
            (2) by redesignating subsection (e) as subsection (i); and
            (3) by inserting after subsection (c) the following new
        subsections:
    ``(d) Eligible Assets.--
            ``(1) In general.--An asset is eligible for TARAP if--
                    ``(A) it is the borrower's primary residence; and
                    ``(B) it--
                            ``(i) is a troubled asset, as defined in
                        section 3(9); or
                            ``(ii) it was a troubled asset but has been
                        rehabilitated by the servicer or lender (as
                        defined in section 3(10)) on or after October
                        3, 2008, and allowing the borrower to remain in
                        the borrower's home.
            ``(2) Assets not included.--An asset is not eligible for
        TARAP if--
                    ``(A) it was valued at more than 150 percent of the
                current fair market value; and
                    ``(B) the original value was assessed solely by the
                lender's appraiser,
        unless the servicer or lender agrees to such reduction in the
        purchase amount as the Secretary may require as a condition for
        the purchase.
    ``(f) Eligible Lender or Servicer.--A lender or servicer is
eligible for TARAP assistance if--
            ``(1) the lender or servicer has agreed to full disclosure
        requirements as may be established by the Secretary; or
            ``(2) the lender or servicer has agreed to use an
        independent appraiser and standard appraisal practices as may
        be established by the Secretary;
    ``(g) Program Guidelines.--
            ``(1) TARAP shall pay a servicer or lender up to 80 percent
        of the difference between the original asset and rehabilitated
        asset pursuant to such regulations as may be prescribed by the
        Secretary.
            ``(2) The servicer or lender shall use documented best
        efforts, prior to foreclosure, to work with the borrower to
        create an affordable front-end debt ratio of up to 30 percent
        of the borrower's gross monthly income.
            ``(3) The Secretary may establish mechanisms to provide for
        those assets which cannot be rehabilitated under the preceding
        guidelines.
    ``(h) Program Termination.--All authority under this section ceases
no later than December 31, 2009.''.

SEC. 6. DEFERRAL OF ALL FORECLOSURES ON ANY PRINCIPAL DWELLING OF A
              CONSUMER FOR A 90-DAY PERIOD.

    (a) In General.--Notwithstanding any provision of any State or
Federal law, after the date of the enactment of this Act, no creditor,
servicer, or holder of such mortgage, or any other person acting on
behalf of any such creditor, servicer, or holder, may take any action
to initiate a foreclosure, whether judicial or nonjudicial, or any
action in connection with a foreclosure already instituted other than
to suspend such foreclosure, with respect to any eligible mortgage of a
consumer, until the end of the 90-day period beginning on the date of
the enactment of this Act.
    (b) Action by Consumer.--
            (1) In general.--After the date of the enactment of this
        Act, any consumer shall have the right to defer any initiation
        of a foreclosure, whether judicial or nonjudicial, or any
        action in connection with a foreclosure already instituted,
        including any foreclosure sale, with respect to any eligible
        mortgage by any creditor, servicer, or holder of such mortgage,
        or any other person acting on behalf of any such creditor,
        servicer, or holder, until the end of the 90-day period
        beginning on the date of the enactment of this Act.
            (2) Enforcement of right.--Any consumer may defend against
        a foreclosure or bring an action in any court of competent or
        general jurisdiction to compel compliance with the right of the
        consumer under paragraph (1) to defer any initiation of a
        foreclosure or any action in connection with a foreclosure
        already instituted, including any foreclosure sale, with
        respect to any eligible mortgage.
    (c) Rule of Construction.--No provision of this section shall be
construed as affecting or altering the obligations of the consumer
under the terms of the eligible mortgage notwithstanding any deferral
of foreclosure.
    (d) Eligible Mortgage Defined.--For purposes of this section, the
term ``eligible mortgage'' means any residential mortgage loan to any
consumer that constitutes a first lien on the dwelling or real property
securing the loan which constitutes, or on which is located, the
principal residence of the consumer.

Output:
Troubled Assets Relief Program Targeted Assets Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to authorize the Secretary of the Treasury to establish the Troubled Asset Restoration and Assistance Program (TARAP) to allow the Treasury to purchase lender or servicer losses on rehabilitated mortgages, on terms and conditions determined by the Secretary.

Directs the Treasury, acting through TARAP, to pay up to 80% of the difference between the original asset and the rehabilitated asset to the lender or servicer under certain conditions.

Permits the portion of the difference between the original asset and the rehabilitated asset to the lender or servicer that is not paid for by the Secretary to be written to loss.

Requires any regulations and other guidance the Secretary may issue to determine qualifications for an independent appraiser, and make final determinations as to: (1) whether an asset is troubled; (2) what the values are that will determine the amount of purchase; (3) the amount of reductions in the purchase price for certain otherwise ineligible assets; and (4) any other functionality issues required to operate the program.

Authorizes the Secretary, conforming to specified guidelines, to make all necessary rules and determinations regarding documented best efforts, required timelines, and other processes and procedures.

Identifies criteria for eligible assets and eligible lenders or servicers.

Sunsets TARAP on December 31, 2009.

Prohibits, for a 90-day period, a mortgage servicer, or holder, from taking action to initiate a foreclosure, or any action in connection with a foreclosure already instituted (other than to suspend it), with respect to any eligible mortgage of a consumer.

Entitles a consumer to defer initiation of a foreclosure, or any action in connection with one already instituted by any creditor, servicer, or holder of a mortgage, until the end of the 90-day period beginning on the date of the enactment of this Act.


Input:
SECTION 1. NOTICE OF APPLICATION BY INDIAN TRIBE FOR FEDERAL STATUS.

    (a) Letter of Intent.--To seek acknowledgment or recognition as an
Indian tribe under Federal law, the petitioner must first submit to the
Secretary of the Interior a letter of intent to seek such status.
    (b) Notice to States.--Not later than 30 days after receiving a
letter of intent, the Secretary shall notify the Governor and attorney
general of each State in which the petitioner states that it is located
of the following:
            (1) That the letter of intent has been filed.
            (2) The name and contact information for the Indian tribe.
    (c) Notice to Municipalities.--Not later than 60 days after
receiving a letter of intent under subsection (a), the Secretary shall
consult with the Governor and attorney general of the affected State or
States to identify municipalities that are located within the vicinity
of the place that the petitioner states on the application that it is
located. The Secretary shall provide the notice required under
subsection (b) to such municipalities within 30 days of the completion
of the consultation process.

SEC. 2. INTERESTED PARTY STATUS.

    The Governor, attorney general, and each municipality identified
pursuant to section 1 shall be interested parties in the review of each
corresponding acknowledgement petition. The petitioner shall serve each
interested party with all documents submitted as part of its petition.

SEC. 3. COMPLETION OF PETITION.

    In consultation with the petitioner, the Secretary shall determine
when the petition is complete and ready for acknowledgment review.
Interested parties shall be notified of such determination within 30
days. No additional documents shall be submitted by the petitioner
after this determination until issuance of a proposed finding under
part 83 of title 25, Code of Federal Regulations.

SEC. 4. ACTIVE REVIEW.

    The Secretary shall notify the petitioner and all interested
parties, and publish notice in the Federal Register, of the date that a
petition comes under active review under part 83 of title 25, Code of
Federal Regulations. Such notice shall be provided within 7 days of the
date the petition comes under active review.

SEC. 5. PUBLIC COMMENT ON APPLICATION FOR FEDERAL STATUS.

    The Secretary shall provide a reasonable period for comment by
interested parties and the public on each petition for Federal
acknowledgment or recognition. Such comment period shall commence upon
filing of a letter of intent and end no sooner than 120 days before the
deadline for issuance of a proposed finding under part 83 of title 25,
Code of Federal Regulations. Interested parties shall serve their
comments on the petitioner and any other interested parties. The
Secretary shall provide all public comments to the petitioner and
interested parties. Such comments shall be given full consideration
when deciding to grant or deny the petition. Any petition under review
on the date of the enactment of this Act not subject to such comment
shall be reconsidered by the Secretary to provide a comment period in
accordance with this section.

SEC. 6. REGULATORY CRITERIA.

    The Director may not grant Federal acknowledgment or recognition to
any Indian tribe unless such petitioner has met all of the criteria
listed in part 83 of title 25, Code of Federal Regulations. When
issuing proposed findings and final determinations on Federal
acknowledgment or recognition, the Secretary shall publish in the
Federal Register detailed findings on each of those criteria. Such
findings shall be accompanied by a report under part 83 of title 25,
Code of Federal Regulations. Any findings for petitions under review on
the date of the enactment of this Act for which such findings and
report have not been issued shall be reconsidered by the Secretary in
accordance with this section.

SEC. 7. FUNDING FOR BRANCH OF ACKNOWLEDGMENT AND RESEARCH.

    There is authorized to be appropriated for the Branch of
Acknowledgment and Research of the Bureau of Indian Affairs $1,800,000
each fiscal year.

SEC. 8. GRANT PROGRAM FOR PARTICIPATION IN DECISIONMAKING PROCESSES.

    (a) In General.--To the extent funds are made available by
appropriations and acceptable requests are submitted, the Secretary
shall provide grants to local governments to assist those local
governments in participating in the decisionmaking process related to
actions described in subsection (b), if the Secretary determines that
such actions are likely to significantly affect the people represented
by the local governments and to reimburse local governments for the
costs of such participation that were incurred after the date of the
enactment of this Act. Grants may also be made under this section to
reimburse local governments for activities that were undertaken before
the date of the enactment of this Act, but which otherwise meet the
requirements for a grant under this section.
    (b) Actions for Which Grants May Be Available.--The Secretary may
make grants under this section for participation assistance related to
the following actions:
            (1) Acknowledgment.--An Indian group is seeking Federal
        acknowledgment or recognition and the Secretary determines that
        the Indian group seeking such acknowledgment or recognition (or
        reacknowledgment or rerecognition) is located within or
        adjacent to the boundaries of the area under the jurisdiction
        of the local government, or has asserted or is likely to seek
        trust status with respect to land within boundaries of the area
        over which the local government has jurisdiction.
            (2) Trust land.--An acknowledged Indian tribe is requesting
        that land within, or adjacent to, the boundaries of the area
        over which the local government has jurisdiction be put into
        trust status for that tribe.
            (3) Land claims.--An Indian group or an acknowledged Indian
        tribe is claiming, or is expected to claim, interest in land
        based upon a treaty or a law specifically applicable to
        transfers of land or natural resources from, by, or on behalf
        of any Indian, Indian nation, or group, tribe, or band of
        Indians (including the Acts commonly known as the Trade and
        Intercourse Acts (1 Stat. 137; 2 Stat. 139; and 4 Stat. 729)).
            (4) Other actions.--Any other action or proposed action
        relating to an Indian group or acknowledged Indian tribe if the
        Secretary determines that the action or proposed action is
        likely to significantly affect the people represented by that
        local government.
    (c) Amount of Grants.--Grants awarded under this section to a local
government for any one action may not exceed $500,000 in any fiscal
year.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000 for each fiscal year.

SEC. 9. GRANT PROGRAM FOR IMPACT AID.

    (a) In General.--To the extent funds are made available by
appropriations and acceptable requests are submitted, the Secretary
shall provide grants to local governments to assist those local
governments with activities related to infrastructure, public safety,
or social services, if the Secretary determines that such activities
are made necessary or prudent as a result of the activities of a
federally recognized Indian tribe.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal
year.

SEC. 10. REPEAL OF REVOLVING DOOR EXEMPTION.

    Section 104(j) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450i(j)) is repealed.

SEC. 11. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Acknowledged indian tribe.--The term ``acknowledged
        Indian tribe'' means any Indian tribe, band, nation, pueblo, or
        other organized group or community which is recognized as
        eligible for the special programs and services provided by the
        United States to Indians because of their status as Indians.
            (2) Director.--The term ``Director'' means the Director of
        the Bureau of Indian Affairs.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

Output: Sets forth procedures regarding the submission and notification of letters of intent by Indian tribes seeking acknowledgment or recognition under Federal law. Provides that petitioning tribes must first submit letters of intent to the Secretary of the Interior. Makes the Governor, the Attorney General, and each municipality located within the vicinity interested parties in the review.Requires the Secretary to: (1) determine when a petition is complete and ready for acknowledgment review, notify the petitioner and all interested parties, and publish notice in the Federal Register; and (2) provide a reasonable period for comment.Directs the Secretary of the Interior to provide grants to assist local governments in participating in the decision making process related to the following actions if the Secretary determines that such actions are likely to significantly affect the people represented by the local governments and to reimburse such governments for the costs of such participation: (1) an Indian group is seeking Federal acknowledgment or recognition (or re-acknowledgment or recognition) and the Secretary determines that such group is located within or adjacent to the area under the local government's jurisdiction, or has asserted or is likely to seek trust status with respect to land within the area over which the local government has jurisdiction; (2) an acknowledged tribe is requesting that land within or adjacent to the area over which the local government has jurisdiction be put into trust status for it; and (3) an Indian group or an acknowledged tribe is claiming, or is expected to claim, interest in land based upon a treaty or law specifically applicable to land or natural resource transfers from, by, or on behalf of Indians. Permits the making of grants also to reimburse local governments for activities that were undertaken before the enactment of this Act.Directs the Secretary to provide grants to local governments to assist them with activities related to infrastructure, public safety, or social services that are made necessary or prudent as a result of a federally-recognized tribe's activities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employment Non-Discrimination Act of
1995''.

SEC. 2. DISCRIMINATION PROHIBITED.

    A covered entity, in connection with employment or employment
opportunities, shall not--
            (1) subject an individual to different standards or
        treatment on the basis of sexual orientation,
            (2) discriminate against an individual based on the sexual
        orientation of persons with whom such individual is believed to
        associate or to have associated, or
            (3) otherwise discriminate against an individual on the
        basis of sexual orientation.

SEC. 3. BENEFITS.

    This Act does not apply to the provision of employee benefits to an
individual for the benefit of his or her partner.

SEC. 4. NO DISPARATE IMPACT.

    The fact that an employment practice has a disparate impact, as the
term ``disparate impact'' is used in section 703(k) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation
does not establish a prima facie violation of this Act.

SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.

    (a) Quotas.--A covered entity shall not adopt or implement a quota
on the basis of sexual orientation.
    (b) Preferential Treatment.--A covered entity shall not give
preferential treatment to an individual on the basis of sexual
orientation.

SEC. 6. RELIGIOUS EXEMPTION.

    (a) In General.--Except as provided in subsection (b), this Act
shall not apply to religious organizations.
    (b) For-Profit Activities.--This Act shall apply with respect to
employment and employment opportunities that relate to any employment
position that pertains solely to a religious organization's for-profit
activities subject to taxation under section 511(a) of the Internal
Revenue Code of 1986.

SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS'
              PREFERENCES.

    (a) Armed Forces.--(1) For purposes of this Act, the term
``employment or employment opportunities'' does not apply to the
relationship between the United States and members of the Armed Forces.
    (2) As used in paragraph (1), the term ``Armed Forces'' means the
Army, Navy, Air Force, Marine Corps, and Coast Guard.
    (b) Veterans' Preferences.--This Act does not repeal or modify any
Federal, State, territorial, or local law creating special rights or
preferences for veterans.

SEC. 8. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and
enforcement of this Act in the case of a claim alleged by an individual
for a violation of this Act--
            (1) the Commission shall have the same powers as the
        Commission has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203,
                1204),
        in the case of a claim alleged by such individual for a
        violation of such title or of section 302(a)(1) of such Act,
        respectively,
            (2) the Librarian of Congress shall have the same powers as
        the Librarian of Congress has to administer and enforce title
        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
        in the case of a claim alleged by such individual for a
        violation of such title,
            (3) the Board (as defined in section 101 of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) shall have the same powers as the Board has to
        administer and enforce the Congressional Accountability Act of
        1995 in the case of a claim alleged by such individual for a
        violation of section 201(a)(1) of such Act,
            (4) the Attorney General of the United States shall have
        the same powers as the Attorney General has to administer and
        enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203,
                1204),
        in the case of a claim alleged by such individual for a
        violation of such title or of section 302(a)(1) of such Act,
        respectively, and
            (5) the courts of the United States shall have the same
        jurisdiction and powers as such courts have to enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.) in the case of a claim alleged by
                such individual for a violation of such title,
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204)
                in the case of a claim alleged by such individual for a
                violation of section 302(a)(1) of such Act, and
                    (C) the Congressional Accountability Act of 1995
                (Public Law 104-1; 109 Stat. 3) in the case of a claim
                alleged by such individual for a violation of section
                201(a)(1) of such Act.
    (b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a violation of this
Act are--
            (1) the procedures and remedies applicable for a violation
        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
        et seq.) in the case of a claim alleged by such individual for
        a violation of such title,
            (2) the procedures and remedies applicable for a violation
        of section 302(a)(1) of the Government Employee Rights Act of
        1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by
        such individual for a violation of such section, and
            (3) the procedures and remedies applicable for a violation
        of section 201(a)(1) of Congressional Accountability Act of
        1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim
        alleged by such individual for a violation of such section.
    (c) Other Applicable Provisions.--With respect to claims alleged by
covered employees (as defined in section 101 of the Congressional
Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for
violations of this Act, title III of the Congressional Accountability
Act of 1995 shall apply in the same manner as such title applies with
respect to a claims alleged by such covered employees for violations of
section 201(a)(1) of such Act.

SEC. 9. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the eleventh
article of amendment to the Constitution of the United States from an
action in a Federal court of competent jurisdiction for a violation of
this Act. In an action against a State for a violation of this Act,
remedies (including remedies at law and in equity) are available for
the violation to the same extent as such remedies are available in an
action against any public or private entity other than a State.
    (b) Liability of the United States.--The United States shall be
liable for all remedies (excluding punitive damages) under this Act to
the same extent as a private person and shall be liable to the same
extent as a nonpublic party for interest to compensate for delay in
payment.

SEC. 10. ATTORNEYS' FEES.

    In any action or administrative proceeding commenced pursuant to
this Act, the court or the Commission, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee, including expert fees and other litigation expenses, and costs.
The United States shall be liable for the foregoing the same as a
private person.

SEC. 11. RETALIATION AND COERCION PROHIBITED.

    (a) Retaliation.--A covered entity shall not discriminate against
an individual because such individual opposed any act or practice
prohibited by this Act or because such individual made a charge,
assisted, testified, or participated in any manner in an investigation,
proceeding, or hearing under this Act.
    (b) Coercion.--A person shall not coerce, intimidate, threaten, or
interfere with any individual in the exercise or enjoyment of, or on
account of his or her having exercised, enjoyed, assisted, or
encouraged the exercise or enjoyment of, any right granted or protected
by this Act.

SEC. 12. POSTING NOTICES.

    A covered entity shall post notices for employees, applicants for
employment, and members describing the applicable provisions of this
Act in the manner prescribed by, and subject to the penalty provided
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).

SEC. 13. REGULATIONS.

    The Commission shall have authority to issue regulations to carry
out this Act.
SEC. 14. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual claiming discrimination
prohibited under any other Federal law or any law of a State or
political subdivision of a State.

SEC. 15. SEVERABILITY.

    If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be invalid, the remainder of
this Act and the application of such provision to other persons or
circumstances shall not be affected thereby.

SEC. 16. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before such
effective date.

SEC. 17. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Equal Employment
        Opportunity Commission.
            (2) The term ``covered entity'' means an employer,
        employment agency, labor organization, joint labor management
        committee, an entity to which section 717(a) of the Civil
        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
        authority to which section 302(a)(1) of the Government Employee
        Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an
        employing authority to which section 201(a) of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) applies.
            (3) The term ``employer'' has the meaning given such term
        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(b)).
            (4) The term ``employment agency'' has the meaning given
        such term in section 701(c) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(c)).
            (5) The term ``employment or employment opportunities''
        includes job application procedures, hiring, advancement,
        discharge, compensation, job training, or any other term,
        condition, or privilege of employment.
            (6) The term ``labor organization'' has the meaning given
        such term in section 701(d) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(d)).
            (7) The term ``person'' has the meaning given such term in
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(a)).
            (8) The term ``religious organization'' means--
                    (A) a religious corporation, association, or
                society, or
                    (B) a college, school, university, or other
                educational institution, not otherwise a religious
                organization, if--
                            (i) it is in whole or substantial part
                        controlled, managed, owned, or supported by a
                        religious corporation, association, or society,
                        or
                            (ii) its curriculum is directed toward the
                        propagation of a particular religion.
            (9) The term ``sexual orientation'' means homosexuality,
        bisexuality, or heterosexuality, whether such orientation is
        real or perceived.
            (10) The term ``State'' has the meaning given such term in
        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(i)).

Output:
Employment Non-Discrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply.
Declares that:  (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act.  Prohibits quotas and preferential treatment.  Declares that this Act does not apply to:  (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans.  Provides for enforcement.  Disallows State immunity.  Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person.  Allows recovery of attorney's fees.  Prohibits retaliation and coercion.  Requires posting notices for employees and applicants.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``EPSCoR Research and Competitiveness
Act of 2006''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Ensuring regional diversity in research funding is an
        essential strategy in strengthening international
        competitiveness.
            (2) Economic development in high technology fields is often
        advanced by industrial partnerships with near by strong
        research institutions from which companies can acquire
        intellectual property, highly trained staff, and vital
        resources.
            (3) The National Science Foundation is an independent
        Federal agency created by Congress in 1950 ``to promote the
        progress of science; to advance the national health, prosperity
        and welfare, and to secure the national defense''.
            (4) Congress has subsequently directed that, ``it shall be
        an objective of the Foundation to strengthen research and
        education in the sciences and engineering, including
        independent research by individuals, throughout the United
        States, and to avoid undue concentration of such research and
        education''.
            (5) Currently, Foundation research investments are
        concentrated in a small number of States. In contrast, 25 other
        States together receive less than 10 percent of the
        Foundation's research funding, yet these States are home to 20
        percent of the population, 25 percent of doctoral/research
        universities, and 18 percent of academic scientists and
        engineers.
            (6) Insufficient research infrastructure diminishes the
        ability of many universities to compete effectively for
        research funding, and thereby limits their contributions to
        regional economic development and international
        competitiveness.
            (7) The Foundation's Experimental Program to Stimulate
        Competitive Research, or EPSCoR, is the primary program by
        which the Foundation seeks to improve the research
        infrastructure of institutions in States that presently receive
        small portions of Foundation funding. EPSCoR is thus an
        important component of national efforts to increase innovation
        and improve competitiveness.

SEC. 3. FUNDING.

    There are authorized to be appropriated to the Foundation for
EPSCoR--
            (1) $125,000,000 for fiscal year 2007; and
            (2) for each of fiscal years 2008 through 2011, an amount
        equal to the sum of--
                    (A) $125,000,000; and
                    (B) $125,000,000 multiplied by a percentage equal
                to the percentage by which the Foundation's budget
                request for such fiscal year exceeds the total amount
                appropriated to the Foundation for fiscal year 2007.

SEC. 4. RESEARCH INFRASTRUCTURE IMPROVEMENT GRANTS.

    (a) In General.--In the administration of the Foundation's research
infrastructure improvement grant program, the Director shall authorize
States participating in the grant program to include partnerships with
out-of-State research institutions if the amount of funding transferred
to another State does not exceed 5 percent of the amount of the grant
in any fiscal year.
    (b) Authorization Level.--From amounts appropriated pursuant to
section 3, the Director shall make available to the research
infrastructure improvement grant program--
            (1) $65,000,000 for fiscal year 2007; and
            (2) for each of fiscal years 2008 through 2011, an amount
        equal to the sum of--
                    (A) $75,000,000; and
                    (B) $75,000,000 multiplied by a percentage equal to
                the percentage by which the Foundation's budget request
                for such fiscal year exceeds the total amount
                appropriated to the Foundation for fiscal year 2007.

SEC. 5. CO-FUNDING.

    (a) In General.--For each of fiscal years 2007 through 2011, the
Director shall obligate and expend not less than 20 percent of the
amount available for EPSCoR on co-funding projects that are ranked, by
a peer-review process, in the top 20 percent of all proposals submitted
in response to an announced competition.
    (b) Annual Report.--The Director shall submit an annual report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science that provides information
about--
            (1) co-funded projects on a State-by-State basis for the
        preceding year; and
            (2) the amount and use of co-funding by each of the
        Foundation's directorates for that year.

SEC. 6. CYBER INFRASTRUCTURE.

    Within 180 days after the date of enactment of this Act, the
Director, through the Office of Cyber Infrastructure, shall develop and
publish a plan enabling States participating in EPSCoR to participate
fully in the Foundation's Cyber Infrastructure Initiative.

SEC. 7. MAJOR RESEARCH INSTRUMENTATION.

    Within 180 days after the date of enactment of this Act, the
Director, through the Office of Major Research Instrumentation, shall
develop and publish a plan enabling States participating in EPSCoR to
develop partnerships and participate fully in the Foundation's major
research instrumentation program.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of
        the National Science Foundation.
            (2) EPSCoR.--The term ``EPSCoR'' means the Experimental
        Program to Stimulate Competitive Research authorized by section
        113 of the National Science Foundation Authorization Act of
        1988 (42 U.S.C. 1862g).
            (3) Foundation.--The term ``Foundation'' means the National
        Science Foundation.D23/

Output:
EPSCoR Research and Competitiveness Act of 2006 - Authorizes appropriations for FY2007-FY2011 to the National Science Foundation (NSF) for the Experimental Program to Stimulate Competitive Research (EPSCoR).

Requires the Director of the NSF: (1) in the administration of the NSF's research infrastructure improvement grant program, to authorize states participating in the grant program to include partnership with out-of-state research institutions if the amount of funding transferred to another state does not exceed 5% of the amount of the grant in any fiscal year; and (2) from the amounts appropriated pursuant to this Act, to make available specified amounts for FY2007-FY2011 to such grant program.

Requires the Director to obligate and spend not less than 20% of the amount available for EPSCoR on co-funding projects that are ranked by a peer-review process in the top 20% of all proposals submitted in response to an announced competition. Requires the submission of annual reports providing information concerning: (1) co-funded projects on a state-by-state basis; and (2) the amount and use of co-funding by each of the NSF's directorates.

Requires the Director: (1) through the Office of Cyber Infrastructure, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's Cyber Infrastructure Initiative; and (2) through the Office of Major Research Instrumentation, to develop and publish a plan enabling states participating in EPSCoR to develop partnerships and participate fully in the NSF's major research instrumentation program.


Input:
SECTION 1. ENSURING THAT NUMERICAL LIMITATION COMPUTATION ACCURATELY
              REFLECTS NUMBER OF H-1B NONIMMIGRANTS EMPLOYED.

    (a) In General.--Section 214(g) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:
            ``(8) Ensuring that numerical limitation computation
        accurately reflects number of h-1b nonimmigrants employed.--
                    ``(A) In general.--The Attorney General shall take
                such steps as may be necessary to ensure that all
                numerical limitations applicable to the issuance of
                visas, or the provision of nonimmigrant status, under
                section 101(a)(15)(H)(i)(b) are applied in a manner
                that--
                            ``(i) accurately reflects the actual number
                        of aliens who commence employment in the United
                        States as such a nonimmigrant in each fiscal
                        year; and
                            ``(ii) does not count against any such
                        numerical limitation--
                                    ``(I) any visa issued to an alien
                                based on a petition filed by an
                                employer that is not used by the alien
                                as the basis for admission into the
                                United States and commencement of
                                employment with such employer within a
                                reasonable period of time subsequent to
                                its issuance any visa (including any
                                visa in excess of one, in cases in
                                which multiple visas are issued to a
                                single alien based on petitions filed
                                by multiple prospective employers and
                                the alien accepts employment with only
                                one of those employers);
                                    ``(II) any change of nonimmigrant
                                classification or status authorized for
                                an alien based on a petition filed by
                                an employer that is not used by the
                                alien to commence employment with such
                                employer within a reasonable period of
                                time subsequent to such authorization
                                (including any authorization in excess
                                of one, in cases in which multiple
                                authorizations are provided to a single
                                alien based on petitions filed by
                                multiple prospective employers and the
                                alien accepts employment with only one
                                of those employers); and
                                    ``(III) any visa (or authorization
                                to change nonimmigrant classification
                                or status) in excess of one, in cases
                                in which multiple visas (or
                                authorizations) are issued to a single
                                alien in order to permit employment
                                with more than one employer in the
                                United States during identical or
                                concurrent periods of time.
                    ``(B) Cancellation of concurrent visas upon entry
                into united states.--Pursuant to subparagraph (A), the
                Attorney General shall take such steps as may be
                necessary to ensure that when an alien is admitted into
                the United States based on a visa according status as
                nonimmigrant described in section 101(a)(15)(H)(i)(b),
                any unused visa according such nonimmigrant status that
                has been issued to the alien is canceled for purposes
                of computing any numerical limitation applicable to the
                provision of nonimmigrant status under such section.
                    ``(C) Use of visas and other authorizations within
                a reasonable period of time.--Pursuant to subparagraph
                (A), the Attorney General shall promulgate regulations
                establishing the precise durations of the periods of
                time described in clauses (I) and (II) of such
                subparagraph. The Attorney General shall by regulation
                provide for the cancellation of any visa or
                authorization described in such clauses that is not
                used by an alien to commence employment before the
                termination of the period of time determined by the
                Attorney General to be reasonable in the case of that
                visa or authorization. All such cancellations shall be
                taken into account in implementing subparagraph (A).
                    ``(D) Coordination.--The heads of all other Federal
                agencies with regulatory authority with respect to
                aliens who may be provided nonimmigrant status under
                section 101(a)(15)(H)(i)(b) or employers who may
                petition under subsection (c) with respect to such
                aliens, including the Secretary of State and the
                Secretary of Labor, shall coordinate and cooperate with
                the Attorney General in order to ensure that this
                paragraph is implemented as efficiently and effectively
                as possible.''.
    (b) Conforming Amendment.--Section 214(g)(7) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(7)) is amended by striking the second
sentence.

Output: Amends the Immigration and Nationality Act to direct the Attorney General to take specified steps to ensure that the numerical limitation computation of H-1B visa (specialty occupation) nonimmigrant aliens accurately reflects the number of such aliens employed under such status in each fiscal year.


Input:
SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.

    (a) Expansion of Definition of a Law Enforcement Officer.--
Paragraph (20) of section 8331 of title 5, United States Code, is
amended by striking ``position.'' and inserting ``position, a revenue
officer, a customs inspector, a customs canine enforcement officer, an
Immigration and Naturalization inspector, a Department of Defense
police officer, a Department of Defense Command Investigations Division
detective, a Bureau of Engraving and Printing officer, a postal police
officer, a Secret Service special officer, a Drug Enforcement
Administration diversion investigator, a United States Customs
Operation Enforcement Officer, and a United States Customs Detection
System Specialist Airborne and Flight Engineer.''.
    (b) Additional Classes of Positions Defined.--Section 8331 of title
5, United States Code, is amended by striking ``and'' at the end of
paragraph (26), by striking the period at the end of paragraph (27) and
inserting a semicolon, and by adding at the end the following:
            ``(28) `revenue officer' means an employee of the Internal
        Revenue Service, the duties of whose position are primarily the
        collection of delinquent taxes and the securing of delinquent
        returns, including an employee engaged in this activity who is
        transferred to a supervisory or administrative position;
            ``(29) `customs inspector' means an employee of the United
        States Customs Service, the duties of whose position are
        primarily to--
                    ``(A) enforce laws and regulations governing the
                importing and exporting of merchandise;
                    ``(B) process and control passengers and baggage;
                    ``(C) interdict smuggled merchandise and
                contraband; and
                    ``(D) apprehend (if warranted) persons involved in
                violations of customs laws,
        including an employee engaged in this activity who is
        transferred to a supervisory or administrative position;
            ``(30) `customs canine enforcement officer' means an
        employee of the United States Customs Service, the duties of
        whose position are primarily to work directly with a dog in an
        effort to--
                    ``(A) enforce laws and regulations governing the
                importing and exporting of merchandise;
                    ``(B) process and control passengers and baggage;
                    ``(C) interdict smuggled merchandise and
                contraband; and
                    ``(D) apprehend (if warranted) persons involved in
                violations of customs laws,
        including an employee engaged in this activity who is
        transferred to a supervisory or administrative position;
            ``(31) `Immigration and Naturalization inspector' means an
        employee of the Immigration and Naturalization Service, the
        duties of whose position are primarily the controlling and
        guarding of the boundaries and borders of the United States
        against the illegal entry of aliens, including an employee
        engaged in this activity who is transferred to a supervisory or
        administrative position;
            ``(32) `Department of Defense police officer' means an
        employee of the Department of Defense, the duties of whose
        position are primarily to oversee enforcement of Federal,
        State, county, and municipal statutes, laws, and ordinances,
        and rules and regulations of the Department of the Navy, Army,
        and Air Force pertaining to law enforcement on United States
        military bases, including an employee engaged in this activity
        who is transferred to a supervisory or administrative position;
            ``(33) `Department of Defense Command Investigations
        Division detective' means an employee of the Department of
        Defense, the duties of whose position are primarily to maintain
        investigative and counterintelligence jurisdiction to prepare
for an evidentiary foundation for military command action for crimes
committed on military property by military or civilian personnel,
including an employee engaged in this activity who is transferred to a
supervisory or administrative position;
            ``(34) `Bureau of Engraving and Printing officer' means an
        employee of the Bureau of Engraving and Printing, the duties of
        whose position are primarily to provide specialized protection
        to the Bureau of Engraving and Printing and to enforce Federal
        laws, Department of the Treasury rules and regulations, and
        local ordinances by investigating criminal activity for
        offenses against the United States, including an employee
        engaged in this activity who is transferred to a supervisory or
        administrative position;
            ``(35) `postal police officer' means an employee of the
        United States Postal Service, the duties of whose position are
        primarily to provide specialized protection for the United
        States Postal Service and persons and property related to its
        function as authorized under section 1 of the Act of June 1,
        1948 (popularly known as the `Protection of Public Property
        Act') and other laws, including an employee engaged in this
        activity who is transferred to a supervisory or administrative
        position;
            ``(36) `Secret Service special officer' means an employee
        of the United States Secret Service, the duties of whose
        position are primarily to provide a wide range of security and
        protection support functions within the United States Secret
        Service (such as maintaining designed security posts; travel in
        support of the President, Vice President, and foreign heads of
        state; and providing protective support for major Presidential
        and Vice Presidential candidates, former Presidents, and First
        Ladies), including an employee engaged in this activity who is
        transferred to a supervisory or administrative position;
            ``(37) `Drug Enforcement Administration diversion
        investigator' means an employee of the Drug Enforcement
        Administration, the duties of whose position are primarily to
        investigate violations of the criminal drug laws of the United
        States by drug manufacturers and distributors, doctors, and
        pharmacists, and to seek Federal prosecution of violators from
        United States Attorneys, including an employee engaged in this
        activity who is transferred to a supervisory or administrative
        position;
            ``(38) `United States Customs Operation Enforcement
        Officer' means an employee of the United States Customs
        Service, the duties of whose position primarily involve
        internal affairs of the United States Customs Service and the
        prevention of corruption by utilizing investigations techniques
        and knowledge of inspectional procedures and processes, as well
        as intelligence research work in enforcing federal laws,
        particularly in the areas of drug interdiction and fraud within
        the United States Customs Service, including an employee
        engaged in this activity who is transferred to a supervisory or
        administrative position; and
            ``(39) `United States Customs Detection System Specialist
        Airborne and Flight Engineer' means an employee of United
        States Customs Service, the duties of whose position are
        primarily the detection, tracking, and assisting in the
        apprehension of persons suspected or known to be smuggling
        drugs or contraband into the United States, including an
        employee engaged in this activity who is transferred to a
        supervisory or administrative position.''.

SEC. 2. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

    (a) Expansion of Definition of a Law Enforcement Officer.--
Paragraph (17) of section 8401 of title 5, United States Code, is
amended by striking ``and'' at the end of subparagraph (C), and by
adding at the end the following:
                    ``(E) a revenue officer;
                    ``(F) a customs inspector;
                    ``(G) a customs canine enforcement officer;
                    ``(H) an Immigration and Naturalization inspector;
                    ``(I) a Department of Defense police officer;
                    ``(J) a Department of Defense Command
                Investigations Division detective;
                    ``(K) a Bureau of Engraving and Printing officer;
                    ``(L) a postal police officer;
                    ``(M) a Secret Service special officer;
                    ``(N) a Drug Enforcement Administration diversion
                investigator;
                    ``(O) a United States Customs Operation Enforcement
                Officer; and
                    ``(P) a United States Customs Detection System
                Specialist Airborne and Flight Engineer;''.
    (b) Additional Classes of Positions Defined.--Section 8401 of title
5, United States Code, is amended by striking ``and'' at the end of
paragraph (32), by striking the period at the end of paragraph (33) and
inserting a period, and by adding at the end the following:
            ``(34) `revenue officer' means an employee of the Internal
        Revenue Service, the duties of whose position are primarily the
        collection of delinquent taxes and the securing of delinquent
        returns, including an employee engaged in this activity who is
        transferred to a supervisory or administrative position;
            ``(35) `customs inspector' means an employee of the United
        States Customs Service, the duties of whose position are
        primarily to--
                    ``(A) enforce laws and regulations governing the
                importing and exporting of merchandise;
                    ``(B) process and control passengers and baggage;
                    ``(C) interdict smuggled merchandise and
                contraband; and
                    ``(D) apprehend (if warranted) persons involved in
                violations of customs laws,
        including an employee engaged in this activity who is
        transferred to a supervisory or administrative position;
            ``(36) `customs canine enforcement officer' means an
        employee of the United States Customs Service, the duties of
        whose position are primarily to work directly with a dog in an
        effort to--
                    ``(A) enforce laws and regulations governing the
                importing and exporting of merchandise;
                    ``(B) process and control passengers and baggage;
                    ``(C) interdict smuggled merchandise and
                contraband; and
                    ``(D) apprehend (if warranted) persons involved in
                violations of customs laws,
        including an employee engaged in this activity who is
        transferred to a supervisory or administrative position;
            ``(37) `Immigration and Naturalization inspector' means an
        employee of the Immigration and Naturalization Service, the
        duties of whose position are primarily the controlling and
        guarding of the boundaries and borders of the United States
        against the illegal entry of aliens, including an employee
        engaged in this activity who is transferred to a supervisory or
        administrative position;
            ``(38) `Department of Defense police officer' means an
        employee of the Department of Defense, the duties of whose
        position are primarily to oversee enforcement of Federal,
        State, county, and municipal statutes, laws, and ordinances,
        and rules and regulations of the Department of the Navy, Army,
        and Air Force pertaining to law enforcement on United States
        military bases, including an employee engaged in this activity
        who is transferred to a supervisory or administrative position;
            ``(39) `Department of Defense Command Investigations
        Division detective' means an employee of the Department of
        Defense, the duties of whose position are primarily to maintain
        investigative and counterintelligence jurisdiction to prepare
        for an evidentiary foundation for military command action for
        crimes committed on military property by military or civilian
        personnel, including an employee engaged in this activity who
        is transferred to a supervisory or administrative position;
            ``(40) `Bureau of Engraving and Printing officer' means an
        employee of the Bureau of Engraving and Printing, the duties of
        whose position are primarily to provide specialized protection
        to the Bureau of Engraving and Printing and to enforce Federal
        laws, Department of the Treasury rules and regulations, and
        local ordinances by investigating criminal activity for
        offenses against the United States, including an employee
        engaged in this activity who is transferred to a supervisory or
        administrative position;
            ``(41) `postal police officer' means an employee of the
        United States Postal Service, the duties of whose position are
        primarily to provide specialized protection for the United
        States Postal Service and persons and property related to its
        function as authorized under section 1 of the Act of June 1,
        1948 (popularly known as the `Protection of Public Property
        Act') and other laws, including an employee engaged in this
        activity who is transferred to a supervisory or administrative
        position;
            ``(42) `Secret Service special officer' means an employee
        of the United States Secret Service, the duties of whose
        position are primarily to provide a wide range of security and
        protection support functions within the United States Secret
        Service (such as maintaining designed security posts; travel in
        support of the President, Vice President, and foreign heads of
        state; and providing protective support for major Presidential
        and Vice Presidential candidates, former Presidents, and First
        Ladies), including an employee engaged in this activity who is
        transferred to a supervisory or administrative position;
            ``(43) `Drug Enforcement Administration diversion
        investigator' means an employee of the Drug Enforcement
        Administration, the duties of whose position are primarily to
        investigate violations of the criminal drug laws of the United
        States by drug manufacturers and distributors, doctors, and
        pharmacists, and to seek Federal prosecution of violators from
        United States Attorneys, including an employee engaged in this
        activity who is transferred to a supervisory or administrative
        position;
            ``(44) `United States Customs Operation Enforcement
        Officer' means an employee of the United States Customs
        Service, the duties of whose position primarily involve
        internal affairs of the United States Customs Service and the
        prevention of corruption by utilizing investigations techniques
        and knowledge of inspectional procedures and processes, as well
        as intelligence research work in enforcing federal laws,
        particularly in the areas of drug interdiction and fraud within
        the United States Customs Service, including an employee
        engaged in this activity who is transferred to a supervisory or
        administrative position; and
            ``(45) `United States Customs Detection System Specialist
        Airborne and Flight Engineer' means an employee of United
        States Customs Service, the duties of whose position are
        primarily the detection, tracking, and assisting in the
        apprehension of persons suspected or known to be smuggling
        drugs or contraband into the United States, including an
        employee engaged in this activity who is transferred to a
        supervisory or administrative position.''.

SEC. 3. EFFECTIVE DATE; RELATED PROVISIONS.

    (a) In General.--The amendments made by this Act shall apply only
in the case of individuals becoming entitled to an annuity based on a
separation from Government service occurring on or after the date of
enactment of this Act.
    (b) Employee Contributions.--The amendments made by this Act shall
not apply with respect to any period of service preceding the date of
enactment of this Act unless the employee involved (or, if applicable,
an appropriate survivor) pays into the Civil Service Retirement and
Disability Fund, in such time and manner as the Office of Personnel
Management shall prescribe, an amount equal to the total additional
amounts which should have been deducted and withheld from pay (in
excess of amounts actually deducted and not refunded) under chapter 83
or 84 of title 5, United States Code, as the case may be, if such
amendments had then been in effect, with interest.
    (c) Agency Contributions.--Not later than 90 days after the date on
which the payment under subsection (b) is made by an individual, the
appropriate agency shall pay into the Civil Service Retirement and
Disability Fund any additional amounts (as determined by the Office of
Personnel Management) which should have been paid by that agency into
the Fund, under applicable provisions of chapter 83 or 84 of title 5,
United States Code (as the case may be), with interest, if the
amendments made by this Act had been in effect during the prior periods
of service involved.
    (d) Regulations.--The Office of Personnel Management shall
prescribe any regulations necessary to carry out this Act. Such
regulations shall include provisions, consistent with section 8334(e)
of title 5, United States Code, for the computation of interest.

Output:
Amends Federal civil service provisions relating to the Civil Service Retirement System and the Federal Employees Retirement System to expand the definition of "law enforcement officer" to include (and thus extend the applicability of such provisions to): (1) a revenue officer of the Internal Revenue Service; (2) a customs inspector of the U.S. Customs Service; (3) a customs canine enforcement officer of the U.S. Customs Service; (4) an Immigration and Naturalization Service inspector; (5) a Department of Defense police officer; (6) a Department of Defense Command Investigations Division detective; (7) a Bureau of Engraving and Printing officer; (8) a postal police officer; (9) a Secret Service special officer; (10) a Drug Enforcement Administration diversion investigator; (11) a U.S. Customs Operation Enforcement Officer; and (12) a U.S. Customs Detection System Specialist Airborne and Flight Engineer.
Prohibits applying the amendments made by this Act with respect to any period of service preceding this Act's enactment unless the employee involved (or, if applicable, an appropriate survivor) pays into the Civil Service Retirement and Disability Fund an amount equal to the total additional amounts which should have been deducted and withheld from pay (in excess of amounts actually deducted and not refunded) if such amendments had then been if effect, with interest. Requires the appropriate agency, no later than 90 days after the date on which such payment is made by an individual, to pay into the Fund any additional amounts which should have been paid by that agency into such Fund, with interest, as if this Act's amendments had been in effect during the prior periods of service involved.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Support for Democracy and Human
Rights in Zimbabwe Act of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) When Zimbabwe achieved independence in 1980, its
        economic and democratic prospects were bright and President
        Robert Mugabe was hailed as a liberator. However, 27 years
        later, the economy of Zimbabwe has collapsed as income per
        capita has fallen below the 1953 level and President Mugabe's
        Zimbabwe African National Union-Patriotic Front (ZANU-PF)
        government has increasingly and systematically exercised
        repression of political opposition and engaged in violations of
        human rights.
            (2) The Department of State's 2006 Country Report on Human
        Rights Practices states that Zimbabwe's 2002 presidential
        election and 2005 parliamentary elections were neither free nor
        fair, and reports that President Mugabe's government interfered
        with the campaign activities of the opposition, intimidated
        voters, and distributed food in a partisan manner.
            (3) The Department of State Report also finds that the
        Government of Zimbabwe continues to--
                    (A) restrict freedom of assembly, movement, and
                association;
                    (B) forcibly evict civilians from their land; and
                    (C) harass and abuse members of the opposition, the
                media, the religious community, civil society, and
                organized labor.
            (4) According to the Freedom House Freedom in the World
        2007 report, ``In 2006, Zimbabwe suffered from a further
        deterioration of political rights and civil liberties amid a
        near-total collapse of the country's economy.''.
            (5) Zimbabwe is a member of the United Nations, the African
        Union, the Southern African Development Community, the African
        Development Bank, the International Monetary Fund, and the
        World Trade Organization, and a party to the Universal
        Declaration of Human Rights, the African Charter on Human and
        Peoples' Rights, and the International Covenant on Civil and
        Political Rights.
            (6) Section 2 of the Zimbabwe Democracy and Economic
        Recovery Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note)
        states, ``It is the policy of the United States to support the
        people of Zimbabwe in their struggle to effect peaceful,
        democratic change, achieve broad-based and equitable economic
        growth, and restore the rule of law.''.
            (7) In 2002 and 2003, the United States imposed financial
        and immigration sanctions targeted against selected
        individuals, a ban on the transfer of defense items and
        services, and a suspension of nonhumanitarian government-to-
        government assistance, although the United States remains one
        of the leading providers of humanitarian assistance to the
        people of Zimbabwe.
            (8) The United Nations, the European Union, the United
        States, human rights organizations, and many others have
        condemned the security forces of Zimbabwe for the beating,
        detention, and arrest of opposition and civil society members
        attending a prayer meeting on March 11, 2007.
            (9) In March 2007, the heads of state of the Southern
        African Development Community announced that the President of
        South Africa, Thabo Mbeki, will mediate between President
        Mugabe and the opposition Movement for Democratic Change in
        advance of the 2008 presidential election, but failed to
        condemn the Government of Zimbabwe for its human rights abuses
        and restriction of democratic space.
            (10) On March 30, 2007, it was announced that the ZANU-PF
        central committee had chosen President Mugabe as the party's
        candidate for the 2008 election and that the parliamentary
        elections will also be held in 2008, instead of 2010.
            (11) A Human Rights Watch report released in May 2007
        concluded, ``Arbitrary arrests, detentions, and brutal beatings
        by police and security forces skyrocketed in March and April,
        and continue unabated. . . . The Zimbabwean government is
        violating the human rights of its citizens with impunity.''.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to support the people of Zimbabwe in their efforts to
        promote democracy and respect for human rights in Zimbabwe; and
            (2) to call on President Mugabe to immediately restore
        democracy and human rights in Zimbabwe.

SEC. 4. SENSE OF CONGRESS ON THE CRISIS IN ZIMBABWE.

    The following is the sense of Congress:
            (1) The United States welcomes and commends the
        announcement by the Southern African Development Community that
        the President of South Africa, Thabo Mbeki, will lead
        negotiations between the ruling and opposition parties in
        Zimbabwe to resolve the political and humanitarian crisis in a
        way that reflects the will of the people of Zimbabwe and
        respects international standards.
            (2) The creation of a level playing field for those who
        want to participate in the political process in Zimbabwe and
        the encouragement of transparency in the political process
        should be priority objectives in the negotiations.
            (3) All preparations should be made to hold free, fair, and
        peaceful elections in accordance with international standards,
        such as the Southern African Development Community
        Parliamentary Forum Election Norms and Guidelines.
            (4) Cooperation between the United States, regional players
        in Africa, and the wider international community is an
        important component of a proactive strategy to support
        democratic rule and respect for human rights in Zimbabwe.
            (5) Normalized relations with the Government of Zimbabwe
        are desirable, but until the Government of Zimbabwe promotes
        democracy and the rule of law, the United States will continue
        to isolate the Government of Zimbabwe and expand financial and
        travel sanctions targeted against those responsible for
        repressing the people of Zimbabwe.
            (6) The United States Permanent Representative to the
        United Nations should use the voice and vote of the United
        States in the United Nations Security Council to emphasize the
        threat to international peace and security posed by the
        Government of Zimbabwe.

SEC. 5. BRIEFING.

    (a) In General.--Not later than 60 days after the date of the
enactment of this Act, and quarterly thereafter, the Secretary of State
shall provide to Congress a briefing on the strategy of the United
States for engagement with Zimbabwe.
    (b) Content.--The briefing required by subsection (a) shall include
the following:
            (1) The details of a comprehensive policy of the United
        States to support the people of Zimbabwe in their efforts to
        promote democratic rule and respect for human rights in
        Zimbabwe, including support for free, fair and peaceful
        elections.
            (2) An assessment of the resources necessary to most
        effectively enable Zimbabwe to return peacefully to a state of
        democratic governance, with respect for human rights and the
        rule of law.
            (3) A diplomatic strategy for engaging and encouraging
        regional partners in Africa to help facilitate the transition
        of Zimbabwe to democracy.
            (4) A review of policy options in the event of further
        deterioration of the situation in Zimbabwe.
            (5) A review of policy options in the event of an
        improvement in the situation in Zimbabwe.
            (6) Indicators of progress toward democracy and respect for
        human rights that would allow for the removal of targeted
        bilateral sanctions on Zimbabwe and strengthened relations with
        the Government of Zimbabwe.
    (c) Consultation.--The Secretary of State shall, to the extent
possible, develop the strategy described in subsection (a) in
consultation with--
            (1) the United Nations;
            (2) the African Union;
            (3) the Southern African Development Community;
            (4) other multilateral organizations; and
            (5) interested States.
    (d) Sunset.--The requirements of this section shall cease to be
effective after the date that is 3 years after the date of the
enactment of this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Notwithstanding any other provision of law, there
are authorized to be appropriated up to $10,000,000 for the purpose
described in subsection (b).
    (b) Purpose.--The purpose described in this subsection is to
support democracy and governance activities in Zimbabwe consistent with
the provisions of the Zimbabwe Democracy and Economic Recovery Act of
2001 (Public Law 107-99; 22 U.S.C. 2151 note), including through--
            (1) support for free, fair, and peaceful national elections
        in accordance with international standards;
            (2) support for the capacity of civil society to create
        nonviolent political space in Zimbabwe; and
            (3) support for programs to defend and protect the human
        rights of the people of Zimbabwe.

Output:
Support for Democracy and Human Rights in Zimbabwe Act of 2007 - States that is U.S. policy to: (1) support the people of Zimbabwe in their efforts to promote democracy and respect for human rights in Zimbabwe; and (2) call on President Mugabe to restore democracy and human rights in Zimbabwe.

Expresses the sense of Congress that: (1) the United States welcomes the Southern African Development Community's announcement that the President of South Africa, Thabo Mbeki, will lead negotiations between the ruling and opposition parties in Zimbabwe; (2) preparations should be made to hold free elections in accordance with international standards; (3) cooperation among the United States, regional players in Africa, and the international community is an important component of a proactive strategy to support democratic rule and respect for human rights in Zimbabwe; (4) normalized relations with the government of Zimbabwe are desirable but until the government of Zimbabwe promotes democracy and the rule of law the United States will continue to isolate the government of Zimbabwe and expand financial and travel sanctions against those responsible for repressing Zimbabwe's people; and (5) the United States should use its influence in the U.N. Security Council to emphasize the threat to international peace posed by the government of Zimbabwe.

Directs the Secretary of State to provide Congress with quarterly briefings on U.S. strategy for engagement with Zimbabwe. (Terminates such requirement three years after the date of the enactment of this Act.)

Authorizes appropriations to support democracy and governance activities in Zimbabwe, including support for: (1) free and peaceful national elections; (2) creation of nonviolent political space; and (3) human rights programs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cell Phone Theft Prevention Act of
2012''.

SEC. 2. STOLEN MOBILE ELECTRONIC DEVICES.

    (a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:

``SEC. 343. STOLEN MOBILE ELECTRONIC DEVICES.

    ``(a) Prohibition on Provision of Service.--
            ``(1) In general.--A provider of commercial mobile service
        or commercial mobile data service may not provide service on a
        mobile electronic device that has been reported to such
        provider as stolen--
                    ``(A) by the person who holds the account with
                respect to such service, if such person submits to such
                provider a copy of a report made to a law enforcement
                agency regarding the theft; or
                    ``(B) by another provider of commercial mobile
                service or commercial mobile data service, in
                accordance with paragraph (2).
            ``(2) Reporting by service providers.--A provider of
        commercial mobile service or commercial mobile data service to
        which a mobile electronic device is reported stolen as
        described in paragraph (1)(A) shall inform all other providers
        of such service--
                    ``(A) that such device has been reported stolen;
                and
                    ``(B) of any information necessary for the
                identification of such device.
    ``(b) Remote Deletion of Data.--A provider of commercial mobile
service or commercial mobile data service on a mobile electronic device
shall make available to the person who holds the account with respect
to such service the capability of deleting from such device, from a
remote location, all information that was placed on such device after
its manufacture.
    ``(c) Device Standards.--A person may not manufacture in the United
States or import into the United States for sale or resale to the
public a mobile electronic device unless such device is--
            ``(1) equipped with a unique identifier (such as a Mobile
        Equipment Identifier) that allows a provider of commercial
        mobile service or commercial mobile data service to identify
        such device for purposes of complying with subsections (a) and
        (b); and
            ``(2) configured in such a manner that the provider of
        commercial mobile service or commercial mobile data service on
        the device is able to make available the remote deletion
        capability required by subsection (b).
    ``(d) Definitions.--In this section:
            ``(1) Commercial mobile data service.--The term `commercial
        mobile data service' has the meaning given such term in section
        6001 of the Middle Class Tax Relief and Job Creation Act of
        2012 (Public Law 112-96).
            ``(2) Commercial mobile service.--The term `commercial
        mobile service' has the meaning given such term in section 332.
            ``(3) Mobile electronic device.--The term `mobile
        electronic device' means a personal electronic device on which
        commercial mobile service or commercial mobile data service is
        provided, except that such term does not include a device--
                    ``(A) for which the consumer purchases service by
                paying in advance for a specified amount of calling or
                data usage; or
                    ``(B) with respect to which the consumer does not
                have a direct relationship with the provider of
                commercial mobile service or commercial mobile data
                service.''.
    (b) Report to FCC.--Not later than 1 year after the date of the
enactment of this Act, each provider of commercial mobile service or
commercial mobile data service that provides such service on a mobile
electronic device shall submit to the Federal Communications Commission
a report on--
            (1) the efforts such provider is making in order to be
        prepared to comply, not later than the effective date described
        in subsection (c)(1), with the requirements of subsections (a)
        and (b) of section 343 of the Communications Act of 1934, as
        added by subsection (a) of this section; and
            (2) the progress of such provider toward being prepared to
        comply with such requirements by such date.
    (c) Effective Date.--
            (1) In general.--Such section 343 shall take effect on the
        date that is 2 years after the date of the enactment of this
        Act.
            (2) Devices previously manufactured or imported.--In the
        case of a mobile electronic device that was manufactured in the
        United States (or imported into the United States, if such
        device was manufactured outside the United States) before the
        date that is 2 years after the date of the enactment of this
        Act, a provider of commercial mobile service or commercial
        mobile data service shall only be required to comply with
        subsections (a) and (b) of such section to the extent
        technologically feasible.
    (d) Definitions.--In this section, a term that is defined in such
section 343 shall have the meaning given such term in such section.

Output:
Cell Phone Theft Prevention Act of 2012 - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile or commercial mobile data service from providing service on a mobile electronic device reported to such provider as stolen by: (1) the person who holds the service account, if such person submits a copy of a report made to a law enforcement agency regarding the theft; or (2) another provider of commercial mobile or commercial mobile data service required by this Act to inform all other providers of a device reported stolen and of any information necessary for identification of the device.

Defines "mobile electronic device" as a personal electronic device on which commercial mobile or commercial mobile data service is provided, excluding devices: (1) for which the consumer purchases service by paying in advance for a specified amount of calling or data usage, or (2) with respect to which the consumer does not have a direct relationship with the provider.

Directs providers to make available to account holders the capability of deleting, from a remote location, all information that was placed on such a device after its manufacture.

Prohibits a person from manufacturing in or importing into the United States for sale or resale to the public a mobile electronic device unless it is: (1) equipped with a unique identifier that allows a provider to identify such device, and (2) configured to enable a provider to make available the remote deletion capability required by this Act.