SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Testing Full Information Act''. SEC. 2. REQUIREMENT RELATING TO CERTAIN PHYSICIANS. (a) Requirement.--If a covered physician, during a physical examination, examines the prostate gland of a patient, the physician shall provide information to the patient concerning the availability of appropriate diagnostic procedures, including the prostate antigen test, if any of the following conditions are present: (1) The patient is over 50 years of age. (2) The patient manifests clinical symptomatology. (3) The patient is at an increased risk of prostate cancer. (4) The provision of the information to the patient is medically necessary, in the opinion of the physician. (b) Enforcement.--The Secretary of Health and Human Services shall promulgate regulations that-- (1) require the reporting of covered physicians that violate subsection (a) to the Secretary; and (2) provide for the application of sanctions to enforce the provisions of subsection (a). (c) Definition.--In this section, the term ``covered physician'' means a physician as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)) who has received any Federal payment or assistance under any program under-- (1) the Public Health Service Act (42 U.S.C. 201 et seq.); or (2) the Social Security Act (42 U.S.C. 301 et seq.). SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (as added by section 603(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 702(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following: ``SEC. 713. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST. ``(a) Requirement.--If a physician, during a physical examination, examines the prostate gland of a patient, the physician shall provide information to the patient concerning the availability of appropriate diagnostic procedures, including the prostate antigen test, if any of the following conditions are present: ``(1) The patient is over 50 years of age. ``(2) The patient manifests clinical symptomatology. ``(3) The patient is at an increased risk of prostate cancer, as determined pursuant to regulations promulgated by the Secretary of Health and Human Services. ``(4) The provision of the information to the patient is medically necessary, in the opinion of the physician. ``(b) Prohibition on Limitation.--The provision of information in accordance with subsection (a) may not be prohibited under the terms of-- ``(1) any written contract or written agreement between the physician and any group health plan, any health insurance issuer providing health insurance coverage in connection with a group health plan, or any related party with respect to a group health plan; or ``(2) any written statement from the plan, issuer, or related party to the physician. ``(c) Rule of Construction.--Nothing in this section shall be construed as requiring a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan to provide coverage for prostate specific antigen tests. ``(d) Definition.--In this section, the term `physician' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)).''. (b) Clerical Amendment.--The table of contents in section 1 of such Act, as amended by section 603 of the Newborns' and Mothers' Health Protection Act of 1996 and section 702 of the Mental Health Parity Act of 1996, is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Requirement relating to prostate specific antigen test.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 1998. SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (as added by section 604(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 703(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 2706. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST. ``(a) Requirement.--If a physician, during a physical examination, examines the prostate gland of a patient, the physician shall provide information to the patient concerning the availability of appropriate diagnostic procedures, including the prostate antigen test, if any of the following conditions are present: ``(1) The patient is over 50 years of age. ``(2) The patient manifests clinical symptomatology. ``(3) The patient is at an increased risk of prostate cancer, as determined pursuant to regulations promulgated by the Secretary of Health and Human Services. ``(4) The provision of the information to the patient is medically necessary, in the opinion of the physician. ``(b) Prohibition on Limitation.--The provision of information in accordance with subsection (a) may not be prohibited under the terms of-- ``(1) any written contract or written agreement between the physician and any group health plan, any health insurance issuer providing health insurance coverage in connection with a group health plan, or any related party with respect to a group health plan; or ``(2) any written statement from the plan, issuer, or related party to the physician. ``(c) Rule of Construction.--Nothing in this section shall be construed as requiring a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan to provide coverage for prostate specific antigen tests. ``(d) Definition.--In this section, the term `physician' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)).''. (b) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. SEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE INDIVIDUAL MARKET. (a) In General.--Subpart 3 of part B of title XXVII of the Public Health Service Act (as added by section 605(a) of the Newborn's and Mother's Health Protection Act of 1996) is amended by adding at the end the following new section: ``SEC. 2752. REQUIREMENT RELATING TO PROSTATE SPECIFIC ANTIGEN TEST. ``The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (b) Effective Date.--The amendment made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1998. SEC. 6. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN PROGRAMS OF THE PUBLIC HEALTH SERVICE. (a) National Institutes of Health.--Section 417B(c) of the Public Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first sentence by striking ``$72,000,000'' and all that follows and inserting the following: ``$90,250,000 for fiscal year 1998, $108,500,000 for fiscal year 1999, $126,500,000 for fiscal year 2000, and $145,000,000 for fiscal year 2001.''. (b) Agency for Health Care Policy and Research.--Section 902 of the Public Health Service Act (42 U.S.C. 299a) is amended by adding at the end the following: ``(f) Activities Regarding Prostate Cancer.--The Administrator shall, with respect to prostate cancer-- ``(1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures; and ``(2) in carrying out section 912(a), provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.''.

Summary: Prostate Testing Full Information Act - Requires any physician who has received any Federal payment or assistance under any program under the Public Health Service Act or the Social Security Act, if the physician examines a patient's prostate gland, to provide information on appropriate diagnostic procedures, including the prostate antigen test, if: (1) the patient is over 50, manifests clinical symptoms, or is at increased risk of prostate cancer; or (2) the provision of the information is, in the opinion of the physician, medically necessary. Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to impose the same requirement as above and to declare that such information may not be prohibited under the terms of: (1) any agreement between the physician and any group health plan, insurance issuer providing group health coverage, or related party; or (2) any written statement from the plan, issuer, or related party. Amends the Public Health Service Act to declare that such information may not be prohibited under those terms by an issuer in the individual market. Authorizes appropriations to carry out provisions relating to National Cancer Institute prostate cancer research. Requires the Agency for Health Care Policy and Research, with regard to prostate cancer, to: (1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures; and (2) in carrying out provisions relating to the Forum for Quality and Effectiveness in Health Care, provide for the development, review, and updating of clinically relevant guidelines, quality standards, performance measures, and medical review criteria.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Nutrition Disclosure Act of 2012''. SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS, SIMILAR RETAIL FOOD ESTABLISHMENTS, AND VENDING MACHINES. Section 403(q)(5)(H) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended-- (1) in subclause (ii)-- (A) in item (I)(aa) by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole product, or the number of servings and number of calories per serving, or the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer''; (B) in item (II)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole product, or the number of servings and number of calories per serving, or the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer''; and (C) by adding at the end the following flush text: ``In the case of restaurants or similar retail food establishments where the majority of orders are placed by customers who are off- premises at the time such order is placed, the information required to be disclosed under this subclause may be provided by a remote-access menu, such as one available on the internet, instead of an on-premises menu.''; (2) in subclause (iv)-- (A) by striking ``For the purposes of this clause,'', inserting the following (and indenting the text that follows appropriately): ``(I) In general.--For the purposes of this clause,''; (B) by striking ``and other reasonable means'' and inserting ``or other reasonable means''; and (C) by adding at the end the following: ``(II) Reasonable basis defined.-- For purposes of this subclause, with respect to a nutrient disclosure, the term `reasonable basis' means that the nutrient disclosure is within acceptable allowances for variation in nutrient content. Such acceptable allowances shall include allowances for variation in serving size, inadvertent human error in formulation of menu items, and variations in ingredients.''; (3) in subclause (v)-- (A) by inserting ``contained in the whole product, or the number of servings and information per serving, or the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer,'' before ``that come in different flavors, varieties, or combinations,''; (B) by striking ``, through means determined by the Secretary, including ranges, averages, or other methods''; and (C) by adding at the end, after the period, the following: ``A restaurant or similar retail food establishment may determine and disclosure such content by using any of the following methods: ranges, averages, individual labeling of flavors or components; or labeling of one preset standard build. In addition to such methods, the Secretary may allow the use of other methods, to be determined by the Secretary, for which there is a reasonable basis (as such term is used in subclause (iv)).''; and (4) in subclause (xi)-- (A) in the heading, by striking ``Definition'' and inserting ``Definitions''; (B) by striking ``clause, the term `menu''' and inserting the following (and indenting the text that follows appropriately): ``clause: ``(I) Menu; menu board.--The term `menu'''; and (C) by adding at the end the following: ``(II) Preset standard build.--The term `preset standard build' means the finished version of a menu item most commonly ordered by consumers. ``(III) Restaurant or similar retail food establishment.--The term `restaurant or similar retail food establishment' means a retail food establishment that derives more than 50 percent of its total revenue from the sale of food of the type described in subclause (i) or (ii) of clause (A).''.

Summary: Common Sense Nutrition Disclosure Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. Requires the nutrient content disclosure statement on the menu or menu board to include: (1) the number of calories contained in the whole product; (2) the number of servings and number of calories per serving; or (3) the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer. Permits such information to be provided by a remote-access menu, such as through the internet, for food establishments where the majority of orders are placed by customers who are off-premises at the time the order is placed. Defines “reasonable basis” for a restaurant or similar food establishment’s nutrient content disclosures to mean that the nutrient disclosure is within acceptable allowances for variation in nutrient content, which shall include allowances for variations in serving size, inadvertent human error in formulation of menu items, and variations in ingredients. Sets forth the methods a restaurant or similar food establishment may use to determine nutritional content for disclosure, including ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. Defines "preset standard build" as the finished version of a menu item most commonly ordered by consumers. Applies the nutritional disclosure requirements to retail food establishments that derive more than 50% of their total revenue from the sale of food.


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.

Summary: 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.


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.

Summary: 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.


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)).

Summary: 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.


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/

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.