Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Savings Performance Contracts
Amendments Act of 2003''.

SEC. 2. PERMANENT EXTENSION.

    Section 801(c) of the National Energy Conservation Policy Act (42
U.S.C. 8287(c)) is repealed.

SEC. 3. COST SAVINGS FROM REPLACEMENT FACILITIES.

    Section 801(a) of the National Energy Conservation Policy Act (42
U.S.C. 8287(a)) is amended by adding at the end the following new
paragraph:
    ``(3)(A) In the case of an energy savings contract or energy
savings performance contract providing for energy savings through the
construction and operation of one or more buildings or facilities to
replace one or more existing buildings or facilities, benefits
ancillary to the purpose of such contract under paragraph (1) may
include savings resulting from reduced costs of operation and
maintenance at such replacement buildings or facilities when compared
with costs of operation and maintenance at the buildings or facilities
being replaced.
    ``(B) Notwithstanding paragraph (2)(B), aggregate annual payments
by an agency under an energy savings contract or energy savings
performance contract referred to in subparagraph (A) may take into
account (through the procedures developed pursuant to this section)
savings resulting from reduced costs of operation and maintenance as
described in subparagraph (A).''.

SEC. 4. ENERGY SAVINGS.

    Section 804(2) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(2)) is amended to read as follows:
            ``(2) The term `energy savings' means--
                    ``(A) a reduction in the cost of energy or water,
                from a base cost established through a methodology set
                forth in the contract, used in an existing federally
                owned building or buildings or other federally owned
                facilities as a result of--
                            ``(i) the lease or purchase of operating
                        equipment, improvements, altered operation and
                        maintenance, or technical services;
                            ``(ii) the increased efficient use of
                        existing energy sources by cogeneration or heat
                        recovery, excluding any cogeneration process
                        for other than a federally owned building or
                        buildings or other federally owned facilities;
                        or
                            ``(iii) the increased efficient use of
                        existing water sources; or
                    ``(B) in the case of a replacement building or
                facility described in section 801(a)(3), a reduction in
                the cost of energy, from a base cost established
                through a methodology set forth in the contract, that
                would otherwise be utilized in one or more existing
                federally owned buildings or other federally owned
                buildings by reason of the construction and operation
                of the replacement building or facility.''.

SEC. 5. ENERGY SAVINGS CONTRACT.

    Section 804(3) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(3)) is amended to read as follows:
            ``(3) The terms `energy savings contract' and `energy
        savings performance contract' mean a contract which provides
        for--
                    ``(A) the performance of services for the design,
                acquisition, installation, testing, operation, and,
                where appropriate, maintenance and repair, of an
                identified energy or water conservation measure or
                series of measures at one or more locations; or
                    ``(B) energy savings through the construction and
                operation of one or more buildings or facilities to
                replace one or more existing buildings or
                facilities.''.

SEC. 6. ENERGY OR WATER CONSERVATION MEASURE.

    Section 804(4) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(4)) is amended to read as follows:
            ``(4) The term `energy or water conservation measure'
        means--
                    ``(A) an energy conservation measure, as defined in
                section 551(4) (42 U.S.C. 8259(4)); or
                    ``(B) a water conservation measure that improves
                water efficiency, is life cycle cost effective, and
                involves water conservation, water recycling or reuse,
                improvements in operation or maintenance efficiencies,
                retrofit activities or other related activities, not at
                a Federal hydroelectric facility.''.

SEC. 7. REVIEW.

    Within 180 days after the date of the enactment of this Act, the
Secretary of Energy shall complete a review of the Energy Savings
Performance Contract program to identify statutory, regulatory, and
administration obstacles that prevent Federal agencies from fully
utilizing the program. In addition, this review shall identify all
areas for increasing program flexibility and effectiveness, including
audit and measurement verification requirements, accounting for energy
use in determining savings, contracting requirements, and energy
efficiency services covered. The Secretary shall report these findings
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate, and
shall implement identified administrative and regulatory changes to
increase program flexibility and effectiveness to the extent that such
changes are consistent with statutory authority.

SEC. 8. PILOT PROGRAM TO EXPAND ENERGY SAVINGS PERFORMANCE CONTRACTS TO
              NON-BUILDING PROJECTS.

    Title VIII of the National Energy Conservation Policy Act (42
U.S.C. 8287-8287c) is amended by adding at the end the following:

``SEC. 805. PILOT PROGRAM FOR ENERGY SAVINGS PERFORMANCE CONTRACT
              INVESTMENTS IN NON-BUILDING ENERGY SAVINGS PROJECTS.

    ``(a) Authorization.--The Secretary of Defense and the heads of
other interested Federal agencies are authorized, on a pilot basis, to
enter into up to ten energy savings performance contracts under this
Title for the purpose of achieving savings, secondary savings, and
benefits incidental to those purposes, in non-building energy
efficiency improvement projects.
    ``(b) Selection of Projects.--The Secretary of Energy, in
consultation with the Secretary of Defense and the heads of other
interested Federal agencies, shall select up to ten contract projects
for this pilot program. The projects shall be selected to demonstrate
the applicability and benefit of energy savings performance contracting
to a range of non-building energy efficiency improvement projects.
    ``(c) Definitions.--For the purposes of this section:
            ``(1) The term `non-building' means any vehicle, device, or
        equipment that is transportable under its own power by land,
        sea, or air and consumes energy from any fuel source for the
        purpose of such transportability, or to maintain a controlled
        environment within such vehicle, device or equipment; or any
        Federally owned equipment used to generate electricity or
        transport water.
            ``(2) The term `secondary savings', means additional energy
        or cost savings that are a direct consequence of the energy
        savings that result from the energy efficiency improvements
        that were financed and implemented pursuant to the energy
        savings performance contract. Such `secondary savings' may
        include, but are not limited to, energy and cost savings that
        result from a reduction in the need for fuel delivery and
        logistical support. In the case of electric generation
        equipment, secondary savings may include the benefits of
        increased efficiency in the production of electricity.
    ``(d) Report.--No later than three years after the enactment of
this section, the Secretary of Energy shall report to the Congress on
the progress and results of this program. Such report shall include: a
description of all projects undertaken; the energy and cost savings,
secondary savings, other benefits and problems resulting from such
projects; and the overall cost-benefit of such projects. The report
shall also include recommendations, developed in consultation with
those agencies that undertook projects under the program, as to whether
the authorization to enter into energy savings performance contract for
non-building projects should be extended, expanded, or otherwise
modified.''.

SEC. 9. UTILITY INCENTIVE PROGRAMS.

    Section 546(c)(3) of the National Energy Conservation Policy Act
(42 U.S.C. 8256(c)(3)) is amended by striking ``facilities'' and
inserting ``facilities, equipment and vehicles''.

Output: Energy Savings Performance Contracts Amendments Act of 2003 - Amends the National Energy Conservation Policy Act (NECPA) to: (1) repeal the termination dates governing the authority to enter into energy savings performance contracts (thus extending such authority indefinitely); (2) allow as an approved benefit ancillary to an energy savings contract or energy savings performance contract providing for energy savings through construction of replacement facilities those savings resulting from reduced operation and maintenance costs at such facilities; and (3) authorize the Secretary of Defense and the heads of other interested Federal agencies to enter into a pilot program for energy savings performance contract investments in non-building energy efficiency improvement projects.


Input:
entitled
        ``Joint Resolution making further continuing appropriations for
        the fiscal year 1986, and for other purposes'' (Public Law 99-
        190; 99 Stat. 1251) is repealed.
            (2) Exception.--The authority provided in the matter
        repealed by paragraph (1) of this subsection shall be preserved
        to the extent necessary to carry out obligations of the United
        States with respect to clean coal technology projects selected
        by the Secretary of Energy pursuant to the fifth general
        request for proposals issued by the Secretary under such
        section 101(d) (and pursuant to any such general request issued
        before the fifth general request).
    (c) Rescission.--Any unobligated funds previously appropriated for
the Clean Coal Technology program are rescinded.

                 TITLE IV--FOREIGN OPERATIONS PROGRAMS

SEC. 401. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) Termination.--
            (1) Termination of authority to make new obligations.--(A)
        Effective 60 days after the date of the enactment of this Act,
        the Overseas Private Investment Corporation shall not issue any
        insurance, guaranties, or reinsurance, make any loan, or
        acquire any securities, under section 234 of the Foreign
        Assistance Act of 1961, enter into any agreements for any other
        activity authorized by such section 234, or enter into risk
        sharing arrangements authorized by section 234A of that Act.
            (B) Subparagraph (A) does not require the termination of
        any contract or other agreement entered into before such
        paragraph takes effect.
            (2) Termination of opic.--Effective 180 days after the date
        of the enactment of this Act, the Overseas Private Investment
        Corporation is abolished.
            (3) Transfer of operations to omb.--The Director of the
        Office of Management and Budget shall, effective 180 days after
        the date of the enactment of this Act, perform the functions of
        the Overseas Private Investment Corporation with respect to
        contracts and agreements described in paragraph (1)(B) until
        the expiration of such contracts and agreements, but shall not
        renew any such contract or agreement. The Director shall take
        the necessary steps to wind up the affairs of the Corporation.
            (4) Repeal of authorities.--Effective 180 days after the
        date of the enactment of this Act, title IV of chapter 2 of
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and
following) is repealed, but shall continue to apply with respect to
functions performed by the Director of the Office of Management and
Budget under paragraph (3).
            (5) Appropriations.--Funds available to the Corporation
        shall, upon the effective date of the repeal made by paragraph
        (4), be transferred to the Director of the Office of Management
        and Budget for use in performing the functions of the
        Corporation under paragraph (3). Upon the expiration of the
        contracts and agreements with respect to which the Director is
        exercising such functions, any unexpended balances of the funds
        transferred under this subsection shall be deposited in the
        Treasury as miscellaneous receipts.
    (b) Savings Provisions.--
            (1) Prior determinations not affected.--The repeal made by
        subsection (a)(4) of the provisions of law set forth in such
        subsection shall not affect any order, determination,
        regulation, or contract that has been issued, made, or allowed
        to become effective under such provisions before the effective
        date of the repeal. All such orders, determinations,
        regulations, and contracts shall continue in effect until
        modified, superseded, terminated, set aside, or revoked in
        accordance with law by the President, the Director of the
        Office of Management and Budget, or other authorized official,
        a court of competent jurisdiction, or by operation of law.
            (2) Pending proceedings.--(A) The repeal made by subsection
        (a)(4) shall not affect any proceedings, including notices of
        proposed rulemaking, pending on the effective date of the
        repeal, before the Overseas Private Investment Corporation,
        except that no insurance, reinsurance, guarantee, or loan may
        be issued pursuant to any application pending on such effective
        date. Such proceedings, to the extent that they relate to
        functions performed by the Director of the Office of Management
        and Budget after such repeal, shall be continued. Orders shall
        be issued in such proceedings, appeals shall be taken
        therefrom, and payments shall be made pursuant to such orders,
        as if this Act had not been enacted; and orders issued in any
        such proceedings shall continue in effect until modified,
        terminated, superseded, or revoked by the Director, by a court
        of competent jurisdiction, or by operation of law. Nothing in
        this paragraph shall be deemed to prohibit the discontinuance
        or modification of any such proceeding under the same terms and
        conditions and to the same extent that such proceeding could
        have been discontinued or modified if this section had not been
        enacted.
            (B) The Director of the Office of Management and Budget is
        authorized to issue regulations providing for the orderly
        transfer of proceedings continued under subparagraph (A).
            (3) Actions.--Except as provided in paragraph (5)--
                    (A) the provisions of this Act shall not affect
                suits commenced before the effective date of the repeal
                made by subsection (a)(4); and
                    (B) in all such suits, proceedings shall be had,
                appeals taken, and judgments rendered in the same
                manner and effect as if this section had not been
                enacted.
            (4) Liabilities incurred.--No suit, action, or other
        proceeding commenced by or against any officer in the official
        capacity of such individual as an officer of the Overseas
        Private Investment Corporation, shall abate by reason of the
        enactment of this section. No cause of action by or against the
        Overseas Private Investment Corporation, or by or against any
        officer thereof in the official capacity of such officer shall
        abate by reason of the enactment of this section.
            (5) Parties.--If, before the effective date of the repeal
        made by subsection (a)(4), the Overseas Private Investment
        Corporation or an officer thereof in the official capacity of
        such officer, is a party to a suit, then such suit shall be
        continued with the Director of the Office of Management and
        Budget substituted or added as a party.
            (6) Review.--Orders and actions of the Director of the
        Office of Management and Budget in the exercise of functions of
        the Overseas Private Investment Corporation shall be subject to
        judicial review to the same extent and in the same manner as if
        such orders and actions had been issued or taken by the
        Overseas Private Investment Corporation. Any statutory
        requirements relating to notice, hearings, action upon the
        record, or administrative review that apply to any function of
        the Overseas Private Investment Corporation shall apply to the
        exercise of such function by the Director of the Office of
        Management and Budget.
    (c) Technical and Conforming Amendments.--
            (1) Title 5, united states code.--(A) Section 5314 of title
        5, United States Code, is amended by striking
            ``President, Overseas Private Investment Corporation.''.
            (B) Section 5315 of title 5, United States Code, is amended
        by striking
            ``Executive Vice President, Overseas Private Investment
        Corporation.''.
            (C) Section 5316 of title 5, United States Code, is amended
        by striking
            ``Vice Presidents, Overseas Private Investment Corporation
        (3).''.
            (2) Other amendments and repeals.--(A) Section 222(a) of
        the Foreign Assistance Act of 1961 is amended by inserting
        after ``section 238(c)'' the following: ``as in effect on the
        day before the effective date of the repeal of that section
        made by section 401(a)(4) of the Omnibus Corporate Welfare
        Reduction Act of 1997''.
            (B) Section 2301(b)(9) of the Export Enhancement Act of
        1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the
        Overseas Private Investment Corporation,''.
            (C) Section 2312(d)(1) of the Export Enhancement Act of
        1988 (15 U.S.C. 4727(d)(1)) is amended--
                    (i) by striking subparagraph (K); and
                    (ii) by redesignating subparagraphs (L) and (M) as
                subparagraphs (K) and (L), respectively.
            (D) Section 5402(b) of the Omnibus Trade and
        Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended--
                    (i) in paragraph (12) by adding ``and'' after the
                semicolon;
                    (ii) by striking paragraph (13); and
                    (iii) by redesignating paragraph (14) as paragraph
                (13).
            (E) Section 624 of the Higher Education Act of 1965 (20
        U.S.C. 1131c) is amended by striking ``the Overseas Private
        Investment Corporation,''.
            (F) Section 481(e)(4)(A) of the Foreign Assistance Act of
        1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking
        ``(including programs under title IV of chapter 2, relating to
        the Overseas Private Investment Corporation)''.
            (G)(i) Section 574 of the Foreign Operations, Export
        Financing, and Related Programs Appropriations Act, 1996 (22
        U.S.C. 2394 note) is amended--
                    (I) by amending subsection (b) to read as follows:
    ``(b) Countries.--The countries referred to in subsection (a) are
countries for which in excess of $5,000,000 has been obligated during
the previous fiscal year for assistance under sections 103 through 106,
chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign
Assistance Act of 1961, and under the Support for East European
Democracy Act of 1989.''; and
                    (II) in the first sentence of subsection (c) by
                striking ``the Administrator'' and all that follows
                through ``Corporation'' and inserting ``and the
                Administrator of the Agency for International
                Development''.
            (ii) The amendment made by clause (i) shall first apply to
        the annual report required to be submitted under section 574(a)
        of the Foreign Operations, Export Financing, and Related
        Programs Appropriations Act, 1996 in the fiscal year following
        the fiscal year in which no funds have been obligated by the
        Overseas Private Investment Corporation by virtue of this
        section.
            (H) Section 2(c)(12) of the Support for East European
        Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is
        repealed.
            (I) Section 202(b)(2)(B) of the Cuban Liberty and
        Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
        6062(b)(2)(B)) is amended--
                    (i) by striking clause (iv); and
                    (ii) by redesignating clauses (v), (vi), and (vii)
                as clauses (iv), (v), and (vi), respectively.
            (J) Section 9101(3) of title 31, United States Code, is
        amended--
                    (i) by striking subparagraph (H); and
                    (ii) by redesignating subparagraphs (I) through (P)
                as subparagraphs (G) through (O), respectively.
            (K) The following provisions of law are repealed:
                    (i) Section 5(b)(2) of the Overseas Private
                Investment Corporation Amendments Act of 1981 (22
                U.S.C. 2194a).
                    (ii) Section 5 of the Taiwan Relations Act (22
                U.S.C. 3304).
                    (iii) Subsections (b), (c), and (d) of section 576
                of the Foreign Operations, Export Financing, and
                Related Programs Appropriations Act, 1991.
                    (iv) Subsections (b), (c), and (d) of section 597
                of the Foreign Operations, Export Financing, and
                Related Programs Appropriations Act, 1990.
                    (v) Sections 109 and 111 of the Overseas Private
                Investment Corporation Amendments Act of 1988, as
                enacted by reference in section 555 of Public Law 100-
                461.
            (3) Effective date.--The amendments and repeals made by
        this subsection shall take effect 180 days after the date of
        the enactment of this Act.

SEC. 402. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT
              PARTICIPATE IN THE LATEST ROUND OF THE IMF GENERAL
              AGREEMENTS TO BORROW.

    (a) Findings.--The Congress finds that--
            (1) the International Monetary Fund (IMF) operates outside
        of public scrutiny, releasing almost no information to the
        public, thereby avoiding adequate accountability for its
        programs;
            (2) to ensure that it gets repaid, the IMF frequently
        imposes ``conditionality'' on its loans--policy changes that
        borrowing countries must undertake to receive a loan;
            (3) frequently, the IMF has forced developing nations to
        enact unsound economic policies, which have led to tax
        increases on the poor, draconian currency devaluations, and
        resource exploitation;
            (4) the IMF will do considerable harm to developing
        countries by continuing to make loans to their governments;
            (5) bailing out these governments only encourages them to
        continue policies detrimental to their citizens, such as
        destroying scarce natural resources, maintaining bloated
        bureaucracies, operating money-losing state-sponsored
        industries, and spending too much on their militaries; and
            (6) new IMF funding to developing countries frequently ends
        up substituting IMF debt for reschedulable commercial bank
        debt.
    (b) Sense of the Congress.--It is the sense of the Congress that
the United States should not participate in the latest round of the
General Agreements to Borrow, commonly referred to as the ``New
Arrangements to Borrow''.

SEC. 403. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT
              PROVIDE ADDITIONAL RESOURCES TO THE IMF ENHANCED
              STRUCTURAL ADJUSTMENT FACILITY.

    (a) Findings.--The Congress finds that--
            (1) the Enhanced Structural Adjustment Facility (ESAF) of
        the International Monetary Fund makes low interest loans to the
        poorest developing countries that cannot pay their bills;
            (2) countries that borrow from the ESAF must be prepared to
        adopt multi-year economic and structural ``reform'' programs,
        which have frequently done the countries more harm than good;
        and
            (3) despite 10 years of ESAF lending, poverty continues to
        increase in many countries that are eligible for loans from the
        ESAF.
    (b) Sense of the Congress.--It is the sense of the Congress that
the United States should not provide additional resources to the
Enhanced Structural Adjustment Facility.

                    TITLE V--TRANSPORTATION PROGRAMS

SEC. 501. SENSE OF CONGRESS CONCERNING HIGHWAY DEMONSTRATION PROJECTS.

    (a) Finding.--Congress finds that--
            (1) the Intermodal Surface Transportation Efficiency Act of
        1991 (ISTEA) included a five-fold increase in demonstration
        projects compared to the Surface Transportation and Uniform
        Relocation Assistance Act of 1987;
            (2) highway demonstration projects provide limited economic
        benefits; and
            (3) highway demonstration projects frequently are not
        consistent with key transportation priorities, do not appear on
        State or regional transportation plans, and draw funds away
        from other major Federal-aid highway programs.
    (b) Sense of Congress.--It is therefore the sense of Congress that
highway demonstration projects should not be required by Federal law.

SEC. 502. ELIMINATION OF APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
              PROGRAM.

    (a) Repeal.--Section 201 of the Appalachian Regional Development
Act of 1965 (40 U.S.C. App. 201) is repealed.
    (b) Conforming Amendments.--Section 401 of such Act (40 U.S.C. App.
401) is amended--
            (1) by striking ``in section 201 for the Appalachian
        Development Highway System and Local Access Roads, and''; and
            (2) by striking ``and in section 201(g) for the Appalachian
        development highway system and local access roads,''.

Output:
TABLE OF CONTENTS:
     Title I:  Agriculture Programs
     Title II:  Energy and Water Programs
     Title III:  Interior Programs
     Title IV:  Foreign Operations Programs
     Title V:  Transportation Programs
Omnibus Corporate Welfare Reduction Act of 1997 -
Title I: Agriculture Programs
 - Repeals the Rural Electrification Act of 1936 (REA), provisions of the Disaster Relief Act of 1970 relating to adjusting the repayment schedules on REA loans, and provisions of Federal law regarding:  (1) congressional policy concerning making funds available to rural electric and telephone systems; (2) congressional policy with respect to rural telephone system financing; (3) loan programs under the Rural Electrification and Telephone Revolving Fund; and (4) rural advanced telecommunications.  Rescinds related unobligated balances.
(Sec. 102) Repeals provisions of the Agricultural Trade Act of 1978 regarding an agricultural commodity export promotion program.
Title II:  Energy and Water Programs
 - Prohibits obligating or spending funds for the Animas-La Plata Project, Colorado and New Mexico, except regarding alternatives that would satisfy the water rights interests of the Ute Mountain Ute Indian Tribe and the Southern Ute Indian Tribe.
(Sec. 202) Declares that the Congress is concerned about the pyroprocessing program and should not proceed with a liquid metal reactor program.  Amends provisions of the Energy Policy Act of 1992 relating to advanced nuclear reactors to remove references to liquid metal reactors.
Title III:  Interior Programs
 - Prohibits the Department of Energy from conducting any fossil energy research and development, except as required by contracts entered into before enactment of this Act and as necessary to terminate ongoing activities.  Authorizes appropriations.
(Sec. 302) Amends Federal law commonly known as the National Forest Roads and Trails Act to modify requirements regarding the construction of forest development roads.  Declares that it is the sense of the Congress that the full cost of forest road design, construction, and maintenance should be recovered through user fees.
(Sec. 303) Prohibits fund obligation for the Clean Coal Technology program.  Repeals, subject to exception, related appropriations from an appropriations Act for FY 1986 and rescinds any related unobligated funds.
Title IV:  Foreign Operations Programs
 - Abolishes the Overseas Private Investment Corporation (OPIC) and repeals related provisions. Requires that the Office of Management and Budget perform OPIC functions on certain existing contracts until their expiration. Prohibits contract renewal.  Deposits unexpended balances in the Treasury as miscellaneous receipts.
(Sec. 402) Sets forth findings regarding the International Monetary Fund and its Enhanced Structural Adjustment Facility (ESAF).  Declares that it is the sense of the Congress that the United States should not participate in the latest round of General Agreements to Borrow (commonly referred to as the New Arrangement to Borrow) or provide additional resources to the ESAF.
Title V:  Transportation Programs
 - Expresses the sense of the Congress that highway demonstration projects should not be required by Federal law.
(Sec. 502) Repeals provisions of the Appalachian Regional Development Act of 1965 authorizing the Appalachian development highway system.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cattle Industry
Improvement Act of 1996''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Expedited implementation of Fund for Rural America.
Sec. 3. Prohibition on noncompetitive practices.
Sec. 4. Domestic market reporting.
Sec. 5. Import and export reporting.
Sec. 6. Protection of livestock producers against retaliation by
                            packers.
Sec. 7. Review of Federal agriculture credit policies.
Sec. 8. Streamlining and consolidating the United States food
                            inspection system.
Sec. 9. Labeling system for meat and meat food products produced in the
                            United States.
Sec. 10. Spot transactions involving bulk cheese.

SEC. 2. EXPEDITED IMPLEMENTATION OF FUND FOR RURAL AMERICA.

    Section 793(b)(1) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 2204f(b)(1)) is amended by striking ``January 1,
1997,'' and all that follows through ``October 1, 1999,'' and inserting
``November 10, 1996, October 1, 1997, and October 1, 1998,''.

SEC. 3. PROHIBITION ON NONCOMPETITIVE PRACTICES.

    Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192),
is amended--
            (1) in subsection (g), by striking the period at the end
        and inserting ``; or''; and
            (2) by adding at the end the following:
    ``(h) Engage in any practice or device that the Secretary by
regulation, after consultation with producers of cattle, lamb, and
hogs, and other persons in the cattle, lamb, and hog industries,
determines is a detrimental noncompetitive practice or device relating
to the price or a term of sale for the procurement of livestock or the
sale of meat or other byproduct of slaughter.''.

SEC. 4. DOMESTIC MARKET REPORTING.

    (a) Persons in Slaughter Business.--Section 203(g) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g)) is amended--
            (1) by inserting ``(1)'' before ``To collect''; and
            (2) by adding at the end the following:
    ``(2) Each person engaged in the business of slaughtering livestock
who carries out more than 5 percent of the national slaughter for a
given species shall report to the Secretary in such manner as the
Secretary shall require, as soon as practicable but not later than 24
hours after a transaction takes place, such information relating to
prices and the terms of sale for the procurement of livestock and the
sale of meat food products and livestock products as the Secretary
determines is necessary to carry out this subsection.
    ``(3) Whoever knowingly fails or refuses to provide to the
Secretary information required to be reported by paragraph (2) shall be
fined under title 18, United States Code, or imprisoned for not more
than 5 years, or both.
    ``(4) The Secretary shall encourage voluntary reporting by any
person engaged in the business of slaughtering livestock who carries
out 5 percent or less of the national slaughter for a given species.
    ``(5) The Secretary shall make information received under this
subsection available to the public only in the aggregate and shall
ensure the confidentiality of persons providing the information.''.
    (b) Elimination of Outmoded Reports.--The Secretary of Agriculture,
after consultation with producers and other affected parties, shall
periodically--
            (1) eliminate obsolete reports; and
            (2) streamline the collection and reporting of data related
        to livestock and meat and livestock products, using modern data
        communications technology, to provide information to the public
        on as close to a real-time basis as practicable.
    (c) Definition of ``Captive Supply''.--For the purpose of
regulations issued by the Secretary of Agriculture relating to
reporting under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.) and the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.), the term ``captive supply'' means livestock obligated to a
packer in any form of transaction in which more than 7 days elapses
from the date of obligation to the date of delivery of the livestock.

SEC. 5. IMPORT AND EXPORT REPORTING.

    (a) Exports.--Section 602(a)(1) of the Agricultural Trade Act of
1978 (7 U.S.C. 5712(a)(1)) is amended by inserting after ``products
thereof,'' the following: ``and meat food products and livestock
products (as the terms are defined in section 2 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182)),''.
    (b) Imports.--
            (1) In general.--The Secretary of Agriculture and the
        Secretary of Commerce shall, using modern data communications
        technology to provide the information to the public on as close
        to a real-time basis as practicable, jointly make available to
        the public aggregate price and quantity information on imported
        meat food products, livestock products, and livestock (as the
        terms are defined in section 2 of the Packers and Stockyards
        Act, 1921 (7 U.S.C. 182)).
            (2) First report.--The Secretaries shall release to the
        public the first report under paragraph (1) not later than 60
        days after the date of enactment of this Act.

SEC. 6. PROTECTION OF LIVESTOCK PRODUCERS AGAINST RETALIATION BY
              PACKERS.

    (a) Retaliation Prohibited.--Section 202(b) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 192(b)), is amended--
            (1) by striking ``or subject'' and inserting ``subject'';
        and
            (2) by inserting before the semicolon at the end the
        following: ``, or retaliate against any livestock producer on
        account of any statement made by the producer (whether made to
        the Secretary or a law enforcement agency or in a public forum)
        regarding an action of any packer''.
    (b) Special Requirements Regarding Allegations of Retaliation.--
Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193), is
amended by adding at the end the following:
    ``(e) Special Procedures Regarding Allegations of Retaliation.--
            ``(1) Consideration by special panel.--The President shall
        appoint a special panel consisting of 3 members to receive and
        initially consider a complaint submitted by any person that
        alleges prohibited packer retaliation under section 202(b)
        directed against a livestock producer.
            ``(2) Complaint; hearing.--If the panel has reason to
        believe from the complaint or resulting investigation that a
        packer has violated or is violating the retaliation prohibition
        under section 202(b), the panel shall notify the Secretary who
        shall cause a complaint to be issued against the packer, and a
        hearing conducted, under subsection (a).
            ``(3) Evidentiary standard.--In the case of a complaint
        regarding retaliation prohibited under section 202(b), the
        Secretary shall find that the packer involved has violated or
        is violating section 202(b) if the finding is supported by a
        preponderance of the evidence.''.
    (c) Damages for Producers Suffering Retaliation.--Section 203 of
the Packers and Stockyards Act, 1921 (7 U.S.C. 193) (as amended by
subsection (b)), is amended by adding at the end the following:
    ``(f) Damages for Producers Suffering Retaliation.--
            ``(1) In general.--If a packer violates the retaliation
        prohibition under section 202(b), the packer shall be liable to
        the livestock producer injured by the retaliation for not more
        than 3 times the amount of damages sustained as a result of the
        violation.
            ``(2) Enforcement.--The liability may be enforced either by
        complaint to the Secretary, as provided in subsection (e), or
        by suit in any court of competent jurisdiction.
            ``(3) Other remedies.--This subsection shall not abridge or
        alter a remedy existing at common law or by statute. The remedy
        provided by this subsection shall be in addition to any other
        remedy.''.

SEC. 7. REVIEW OF FEDERAL AGRICULTURE CREDIT POLICIES.

    The Secretary of Agriculture, in consultation with the Secretary of
the Treasury, the Chairman of the Board of Governors of the Federal
Reserve System, and the Chairman of the Board of the Farm Credit
Administration, shall establish an interagency working group to study--
            (1) the extent to which Federal lending practices and
        policies have contributed, or are contributing, to market
        concentration in the livestock and dairy sectors of the
        national economy; and
            (2) whether Federal policies regarding the financial system
        of the United States adequately take account of the weather and
        price volatility risks inherent in livestock and dairy
        enterprises.

SEC. 8. STREAMLINING AND CONSOLIDATING THE UNITED STATES FOOD
              INSPECTION SYSTEM.

    (a) Preparation.--In consultation with the Secretary of
Agriculture, the Secretary of Health and Human Services, and all other
interested parties, the President shall prepare a plan to consolidate
the United States food inspection system that ensures the best use of
available resources to improve the consistency, coordination, and
effectiveness of the United States food inspection system, taking into
account food safety risks.
    (b) Submission.--Not later than 1 year after the date of enactment
of this Act, the President shall submit to Congress the plan prepared
under subsection (a).

SEC. 9. LABELING SYSTEM FOR MEAT AND MEAT FOOD PRODUCTS PRODUCED IN THE
              UNITED STATES.

    (a) Labeling.--Section 7 of the Federal Meat Inspection Act (21
U.S.C. 607) is amended by adding at the end the following:
    ``(g) Labeling of Meat of United States Origin.--
            ``(1) In general.--The Secretary shall develop a system for
        the labeling of carcasses, parts of carcasses, and meat
        produced in the United States from livestock raised in the
        United States, and meat food products produced in the United
        States from the carcasses, parts of carcasses, and meat, to
        indicate the United States origin of the carcasses, parts of
        carcasses, meat, and meat food products.
            ``(2) Assistance.--The Secretary shall provide technical
        and financial assistance to establishments subject to
        inspection under this title to implement the labeling system.
            ``(3) Authorization of appropriations.--There are
        authorized to be appropriated such sums as are necessary to
        carry out this subsection.''.

SEC. 10. SPOT TRANSACTIONS INVOLVING BULK CHEESE.

    (a) In General.--The Secretary of Agriculture shall collect and
publicize, on a weekly basis, statistically reliable information,
obtained from all cheese manufacturing areas in the United States, on
prices and terms of trade for spot transactions involving bulk cheese,
including information on the national average price, and regional
average prices, for bulk cheese sold through spot transactions.
    (b) Confidentiality.--All information provided to, or acquired by,
the Secretary under this section shall be kept confidential by each
officer and employee of the Department of Agriculture, except that
general weekly statements may be issued that are based on the reports
of a number of spot transactions and that do not identify the
information provided by any person.
    (c) Funding.--The Secretary may use funds that are available for
dairy market data collection to carry out this section.

Output:
Cattle Industry Improvement Act of 1996 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to advance the Fund for Rural America's initial funding date.
(Sec. 3) Amends the Packers and Stockyards Act, 1921 to prohibit noncompetitive practices relating to the price or terms of sale of livestock or meat and meat by-products.
(Sec. 4) Amends the Agricultural Marketing Act of 1946 to set forth domestic market reporting requirements for certain persons in the slaughter business.
Defines "captive supply."
(Sec. 5) Amends the Agricultural Trade Act of 1978 with regard to livestock and meat food products reporting requirements.
(Sec. 6) Amends the Packers and Stockyards Act, 1921 to prohibit retaliation by packers against livestock producers.  Provides damages for producers suffering such retaliation.
(Sec. 7) Directs the Secretary of Agriculture to establish an interagency working group to review whether Federal lending practices are contributing to market concentration in the livestock and dairy sectors.
(Sec. 8) Directs the President to prepare a consolidation plan for the U.S. food inspection system.
(Sec. 9) Amends the Federal Meat Inspection Act to require a labeling system for U.S.-produced meat and meat food products. Authorizes appropriations.
(Sec. 10) Directs the Secretary to collect and publicize information on bulk cheese spot transactions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cancer Research Fund Act of 1997''.

SEC. 2. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND.

    Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended by adding at the end thereof the following new
section:

``SEC. 404F. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND.

    ``(a) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the `Cancer Research Trust
Fund' (hereafter in this section referred to as the `Fund'), consisting
of such amounts as are credited or paid to the Fund as provided for in
section 6098 of the Internal Revenue Code of 1986 and any interest
earned on investment of amounts in the Fund.
    ``(b) Investment of Trust Fund.--
            ``(1) In general.--It shall be the duty of the Secretary of
        the Treasury to invest such portion of the Fund as is not, in
        the Secretary's judgment, required to meet current withdrawals.
        Such investments may be made only in interest-bearing
        obligations of the United States or in obligations guaranteed
        as to both principal and interest by the United States. For
        such purpose, such obligations may be acquired--
                    ``(A) on original issue at the issue price, or
                    ``(B) by purchase of outstanding obligations at the
                market price.
        The purposes for which obligations of the United States may be
        issued under chapter 31 of title 31, of the United States Code,
        are hereby extended to authorize the issuance at par of special
        obligations exclusively to the Fund. Such special obligations
        shall bear interest at a rate equal to the average rate of
        interest, computed as to the end of the calendar month next
        preceding the date of such issue, borne by all marketable
        interest-bearing obligations of the United States then forming
        a part of the Public Debt; except that where such average rate
        is not a multiple of one-eighth of 1 percent, the rate of
        interest of such special obligations shall be the multiple of
        one-eighth of 1 percent next lower than such average rate. Such
        special obligations shall be issued only if the Secretary of
        the Treasury determines that the purchase of other interest-
        bearing obligations of the United States, or of obligations
        guaranteed as to both principal and interest by the United
        States on original issue or at the market price, is not in the
        public interest.
            ``(2) Sale of obligation.--Any obligation acquired by the
        Fund (except special obligations issued exclusively to the
        Fund) may be sold by the Secretary of the Treasury at the
        market price, and such special obligations may be redeemed at
        par plus accrued interest.
            ``(3) Credits to trust fund.--The interest on, and the
        proceeds from the sale or redemption of, any obligations held
        in the Fund shall be credited to and form a part of the Fund.
    ``(c)  Obligations From Fund.--
            ``(1) In general.--The Secretary of Health and Human
        Services shall annually make available such sums as are
        available in the Fund (including any amounts not obligated in
        previous fiscal years) to the National Institutes of Health for
        the conduct of biomedical, intramural and extramural research.
            ``(2) Director of nih.--The Director of the National
        Institutes of Health may distribute amounts made available
        under paragraph (1) among the various research institutes and
        centers of the National Institutes of Health to enable such
        institutes and centers to conduct research that the Director
        determines is appropriate. The Director shall make awards from
        amounts available under paragraph (1) for research on cancer.
    ``(d) Supplement Not Supplant.--Amounts provided to an institute or
center under subsection (c) shall be used to supplement and not
supplant other research conducted with Federal funds.
    ``(e) Limitation.--No expenditure shall be made under subsection
(c)(1) during any fiscal year in which the annual amount appropriated
for the National Institutes of Health is less than the amount so
appropriated for the prior fiscal year.''.

SEC. 3. AMENDMENT TO INTERNAL REVENUE CODE OF 1986.

    (a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:

  ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS TO CANCER
                          RESEARCH TRUST FUND

                              ``Sec. 6098. Designation to Cancer
                                        Research Trust Fund.

``SEC. 6098. DESIGNATION TO CANCER RESEARCH TRUST FUND.

    ``(a) In General.--Every individual (other than a nonresident
alien) may--
            ``(1) designate that a portion (not less than $1) of any
        overpayment of the tax imposed by chapter 1 for the taxable
        year, and
            ``(2) provide that a cash contribution (not less than $1),
be paid over to the Cancer Research Trust Fund in accordance with the
provisions of section 404F of the Public Health Service Act. In the
case of a joint return of a husband and wife, each spouse may designate
one-half of any such overpayment of tax (not less than $2).
    ``(b) Manner and Time of Designation.--Any designation or payment
under subsection (a) may be made with respect to any taxable year only
at the time of filing the original return of the tax imposed by chapter
1 for such taxable year. Such designation shall be made on the page
bearing the taxpayer's signature, and in close proximity to such
signature, and shall be labeled `Cancer Research Fund'.
    ``(c) Overpayments Treated as Refunded.--For purposes of this
section, any overpayment of tax designated under subsection (a) shall
be treated as being refunded to the taxpayer as of the last day
prescribed for filing the return of tax imposed by chapter 1
(determined with regard to extensions) or, if later, the date the
return is filed.''
    (b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:

                              ``Part IX. Designation of overpayments
                                        and contributions to Cancer
                                        Research Trust Fund.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.

Output:
Cancer Research Fund Act of 1997 - Amends the Public Health Service Act to establish in the Treasury the Cancer Research Trust Fund (hereafter referred to as the "Fund") consisting of such amounts as are credited or paid to the Fund as provided for under the Internal Revenue Code (as amended by this Act) and any interest earned on investment of amounts in the Fund.
Directs the Secretary of Health and Human Services to annually make available such sums as are available in the Fund (including any amounts not obligated in previous fiscal years) to the National Institutes of Health (NIH) for the conduct of biomedical, intramural, and extramural research.  Prohibits an expenditure from being made during any fiscal year in which the annual amount appropriated for NIH is less than the amount so appropriated for the prior fiscal year.
Authorizes the NIH Director to distribute amounts made available among the various research institutes and centers to conduct research that the Director determines is appropriate.  Requires the Director to make awards from such amounts available for research on cancer.
Requires amounts provided to an institute or center to be used to supplement and not supplant other research conducted with Federal funds.
(Sec. 3) Amends the Internal Revenue Code to allow every individual (other than a nonresident alien) to:  (1) designate that a portion (not less than one dollar) of any overpayment of tax; and (2) provide that a cash contribution (not less than one dollar), be paid over to the Cancer Research Trust Fund in accordance with the Public Health Service Act.  Allows each spouse, in the case of a joint return, to designate one-half of any such overpayment of tax (not less than two dollars).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Derivatives and Hedge Fund
Regulatory Improvement Act of 2008''.

SEC. 2. COORDINATED RULEMAKING.

    (a) Initiation of Proceedings.--Not later than 90 days after the
date of enactment of this Act, the appropriate Federal banking
agencies, in coordination with the Commission, after consultation with
the Secretary of the Treasury and the Commodity Futures Trading
Commission, shall initiate a coordinated rulemaking with respect to the
entities under their respective jurisdictions that engage in
transactions involving unregistered hedge funds or over-the-counter
derivatives--
            (1) to extend the requirements of regulations relating to
        the safety and soundness of the financial system applicable to
        mutual funds under the Investment Company Act of 1940 (15
        U.S.C. 80a-1 et seq.) to unregistered hedge funds, including--
                    (A) requiring the fund to disclose its policies on
                borrowing money and requiring a shareholder vote to
                change such policy, as in section 5 of that Act (15
                U.S.C. 80a-5);
                    (B) strict record keeping and reporting rules, as
                in section 30 of that Act (15 U.S.C. 80a-29); and
                    (C) capital structure requirements, as in section
                18 of that Act (15 U.S.C. 80a-18);
            (2) to provide for the regulation of over-the-counter
        derivatives, including credit default swaps, interest rate
        swaps, currency swaps, mortgage-backed securities, asset-backed
        securities, collateralized debt obligations, and other
        derivatives that are not traded on a national securities
        exchange or by a registered securities association, in the
        public interest and for the protection of investors, the
        stability of the financial markets, and the well-being of the
        economy; and
            (3) to prohibit insured depository institutions from
        trading derivatives for their own accounts.
    (b) Coordination, Consistency, and Comparability.--Each of the
agencies and authorities referred to in subsection (a) shall consult
and coordinate with the other such agencies and authorities for the
purpose of assuring, to the extent possible, that the regulations by
each such agency and authority are consistent and comparable with those
prescribed by the other such agencies and authorities.

SEC. 3. SCOPE AND DEADLINE.

    The appropriate Federal banking agencies and the Commission shall,
not later than 12 months after the date of enactment of this Act, issue
the rules required by this Act in final form that are designed--
            (1) to avoid systemic risks to the financial markets;
            (2) to ensure safe and sound operation of banks, including
        by requiring the maintenance of sufficient capital levels and
        limits on aggregate leverage and establishing appropriate
        restrictions on the buying, selling, or entering into
        derivatives by an insured depository institution for its own
        account; and
            (3) to provide means to prevent fraudulent, deceptive, or
        manipulative practices.

SEC. 4. AUTHORITY TO GRANT EXCEPTIONS.

    The regulations prescribed under this Act may allow an insured
depository institution to purchase, sell, or engage in traditional
hedging transactions or to purchase, sell, or engage in transactions
involving de minimus interests in derivatives for the account of that
institution, but only to the extent that such exceptions are consistent
with the safety and soundness of such institution.

SEC. 5. AGENCY AUTHORITY.

    The rules issued under this Act shall be enforced by the
appropriate Federal banking agencies with respect to entities under
their respective jurisdictions, and by the Commission with respect to
any other entity that engages in transactions involving unregistered
hedge funds or over-the-counter derivatives.

SEC. 6. DEFINITIONS.

    As used in this Act--
            (1) the terms ``appropriate Federal banking agency'',
        ``Federal banking agencies'', and ``insured depository
        institution'' have the same meanings as in section 3 of the
        Federal Deposit Insurance Act (12 U.S.C. 1813);
            (2) the term ``Commission'' means the Securities and
        Exchange Commission; and
            (3) the term ``derivative''--
                    (A) means any financial contract or other
                instrument that derives its value from the value or
                performance of any security or other financial
                instrument, or of any excluded commodity (as that term
                is defined in section 1a of the Commodity Exchange Act
                (7 U.S.C. 1a)); and
                    (B) does not include--
                            (i) any security that is traded on a
                        national securities exchange or on an automated
                        interdealer quotation system sponsored by a
                        securities association registered under section
                        15A of the Securities Exchange Act of 1934 (15
                        U.S.C. 78o-3); or
                            (ii) any forward contract which has a
                        maturity at a time of issuance of not longer
                        than 270 days;
            (4) the term ``unregistered hedge fund''--
                    (A) means any pooled investment vehicle, or group
                or family of pooled investment vehicles, that--
                            (i) has total assets under management of
                        not less than $1,000,000,000 or such other
                        amount as is determined to be appropriate by
                        the appropriate Federal banking agency and the
                        Commission with respect to the entities under
                        their respective jurisdictions; and
                            (ii) is excepted from the definition of an
                        investment company by paragraph (1) or (7) of
                        section 3(c) of the Investment Company Act of
                        1940, or is a foreign company that would be
                        required to obtain an order from the Commission
                        under section 7(d) of that Act if it made a
                        public offering of its securities by use of the
                        mails and means or instrumentalities of
                        interstate commerce; and
                    (B) does not include a commodity pool operator or
                futures commission merchant (as such terms are defined
                in section 1a of the Commodity Exchange Act (7 U.S.C.
                1a)).

Output:
Derivatives and Hedge Fund Regulatory Improvement Act of 2008 - Directs the appropriate federal banking agencies, with respect to the entities under their respective jurisdictions that engage in transactions involving unregistered hedge funds or over-the-counter derivatives, to initiate a coordinated rulemaking to: (1) extend to unregistered hedge funds the requirements governing the safety and soundness of the financial system applicable to mutual funds; (2) provide for the regulation of over-the-counter derivatives that are not traded on a national securities exchange or by a registered securities association (including credit default swaps, interest rate swaps, currency swaps, mortgage-backed securities, asset-backed securities, and collateralized debt obligations); and (3) prohibit insured depository institutions from trading derivatives for their own accounts.

Requires the appropriate federal banking agencies and the Securities and Exchange Commission (SEC) to promulgate rules designed to: (1) avoid systemic risks to the financial markets; (2) ensure safe and sound operation of banks, including mandatory maintenance of sufficient capital levels and limits on aggregate leverage, and restrictions on buying, selling, or entering into derivatives by an insured depository institution for its own account; and (3) provide means to prevent fraudulent, deceptive, or manipulative practices.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security Enforcement Act of
2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Rural, high-trafficked areas.--The term ``rural, high-
        trafficked areas'' means rural areas through which drugs and
        undocumented aliens are routinely smuggled, as designated by
        the Commissioner of U.S. Customs and Border Protection.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Homeland Security.
            (3) Tucson sector border.--The term ``Tucson Sector
        border'' means the 262-mile section of international border
        between the United States and Mexico that--
                    (A) begins in Yuma County, Arizona; and
                    (B) ends at the State boundary line between Arizona
                and New Mexico.
            (4) Yuma sector border.--The term ``Yuma Sector border''
        means the 110-mile section of international border between the
        United States and Mexico that--
                    (A) begins in Pima County, Arizona; and
                    (B) ends at the State boundary line between Arizona
                and California.

SEC. 3. PERSONNEL ENHANCEMENTS.

    (a) National Guard.--
            (1) Deployment.--In accordance with section 328 of title
        32, United States Code, the Governor of Arizona, with the
        consent of the Secretary of Defense, may--
                    (A) order 3,000 members of the Arizona National
                Guard and other National Guard units to perform Active
                Guard and Reserve duty, by immediately deploying along
                the Tucson Sector border and the Yuma Sector border;
                and
                    (B) construct and maintain appropriate surveillance
                platforms to facilitate such deployment.
            (2) Certification.--The deployment described in paragraph
        (1) shall continue until the Governor of Arizona certifies, in
        consultation with State, local, and tribal law enforcement,
        that the Federal Government has achieved operational control of
        the Tucson Sector border and the Yuma Sector border.
    (b) United States Customs and Border Protection.--Not later than
January 1, 2015, the Secretary shall increase the number of trained
Border Patrol agents stationed along the Tucson Sector border and the
Yuma Sector border by 3,000, compared to the number of agents at such
locations as of the date of the enactment of this Act. The Secretary
shall make progress in increasing such number of trained Border Patrol
agents during each of the years 2010 through 2015.
    (c) Hardship Duty Pay.--In addition to compensation to which Border
Patrol agents are otherwise entitled, Border Patrol agents who are
assigned to rural, high-trafficked areas shall be entitled to receive
hardship duty pay, in an amount determined by the Commissioner, Customs
and Border Protection, which may not exceed the rate of special pay to
which members of a uniformed service are entitled under section 310 of
title 37, United States Code.

SEC. 4. ENHANCING EXISTING BORDER SECURITY OPERATIONS.

    (a) Operation Streamline.--There are authorized to be appropriated
to the Department of Homeland Security, for each of fiscal years 2010
through 2020, such sums as may be necessary--
            (1) to fully implement Operation Streamline along the
        Tucson Sector border and the Yuma Sector border; and
            (2) to reimburse State, local, and tribal law enforcement
        for any detention costs related to such implementation.
    (b) Operation Stonegarden.--
            (1) Authorization of appropriations.--There are authorized
        to be appropriated to the Federal Emergency Management Agency,
        for each of the fiscal years 2010 through 2020, $100,000,000,
        which shall be used to enhance law enforcement preparedness and
        operational readiness along the borders of the United States
        through Operation Stonegarden.
            (2) Allocation.--Of the amounts appropriated pursuant to
        paragraph (1), not less than 90 percent shall be allocated for
        grants and reimbursement to law enforcement agencies in the
        States bordering Mexico for personnel, overtime, travel, and
        other costs related to illegal immigration and drug smuggling
        along the international border between the United States and
        Mexico.
    (c) Infrastructure Improvements.--
            (1) Border patrol stations.--The Secretary shall--
                    (A) construct additional Border Patrol stations
                along the Tucson Sector border, as needed, to provide
                full operational support in rural, high-trafficked
                areas; and
                    (B) analyze the feasibility of creating an
                additional Border Patrol sector in eastern Arizona and
                western New Mexico to interrupt drug trafficking
                operations.
            (2) Forward operating bases.--The Secretary shall enhance
        the security of the Tucson Sector border by--
                    (A) establishing at least 6 additional permanent
                forward operating bases for the Border Patrol;
                    (B) upgrading the existing forward operating bases
                to include modular buildings, electricity, and potable
                water; and
                    (C) ensuring that forward operating bases surveil
                and interdict individuals entering the United States
                unlawfully immediately after such an individual crosses
                the international border into the United States.
            (3) Checkpoints.--The Secretary shall--
                    (A) complete the construction of a permanent
                checkpoint near Tubac, Arizona; and
                    (B) deploy additional temporary roving checkpoints
                along the Tucson Sector border and the Yuma Sector
                border.
            (4) Border fence.--Section 102(b)(1)(A) of the Illegal
        Immigration Reform and Immigrant Responsibility Act of 1996 (8
        U.S.C. 1103 note) is amended--
                    (A) by inserting ``, not later than December 31,
                2011,'' after ``shall''; and
                    (B) by adding at the end the following: ``The
                Secretary shall construct double- and triple-layer
                fencing at appropriate locations along the Tucson
                Sector border and the Yuma Sector border, as determined
                by the Secretary, after consultation with State,
                tribal, and local law enforcement agencies.''.
            (5) Authorization of appropriations.--There are authorized
        to be appropriated, for each of fiscal years 2010 through 2020,
        such sums as may be necessary to carry out this subsection.

SEC. 5. MOBILE SURVEILLANCE.

    (a) Enhancements.--The Commissioner, Customs and Border Protection,
shall--
            (1) deploy additional mobile surveillance systems and
        unmanned aerial vehicles along the Tucson Sector border and the
        Yuma Sector border as necessary to provide 24-hour operation
        and surveillance;
            (2) operate unmanned aerial vehicles along such borders for
        24 hours per day and for 7 days per week;
            (3) deploy additional fixed-wing aircraft and helicopters
        along such borders; and
            (4) increase horse patrols along the Tucson Sector border.
    (b) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated, there are authorized to be
appropriated to United States Customs and Border Protection $50,000,000
to carry out the activities under subsection (a).

SEC. 6. ACCESS TO EMERGENCY PERSONNEL.

    (a) Southwest Border Emergency Communications Grants.--
            (1) In general.--The Secretary, in consultation with the
        Governor of Arizona, shall establish a 2-year grant program, to
        be administered by the State of Arizona, to improve emergency
        communications along the Tucson Sector border and the Yuma
        Sector border.
            (2) Eligibility for grants.--An individual is eligible to
        receive a grant under this subsection if the individual
        demonstrates that he or she--
                    (A) regularly resides or works near the Tucson
                Sector border or the Yuma Sector border;
                    (B) is at greater risk of border violence due to
                the lack of cellular service at his or her residence or
                business and his or her proximity to such border.
            (3) Use of grants.--Grants awarded under this subsection
        may be used to purchase satellite telephone communications
        systems and service that--
                    (A) can provide access to 911 service; and
                    (B) are equipped with global positioning systems.
            (4) Annual reports.--The Governor of Arizona shall submit
        an annual report to the Secretary on activities carried out
        with grant funds awarded under this subsection during the
        previous year. Each such report shall include a description of
        such activities and an assessment of the effectiveness of such
        activities.
            (5) Authorization of appropriations.--There is authorized
        to be appropriated $3,000,000 to carry out the grant program
        established under this subsection.
    (b) Interoperable Communications for Law Enforcement.--
            (1) Federal law enforcement.--There is authorized to be
        appropriated $35,000,000 to the Department of Justice--
                    (A) to purchase P-25 compliant radios, which may
                include a multi-band option, for Federal law
                enforcement agents working in Arizona in support of the
                activities of United States Customs and Border
                Protection and United States Immigration and Customs
                Enforcement, including agents of the Drug Enforcement
                Administration and the Bureau of Alcohol, Tobacco,
                Firearms and Explosives; and
                    (B) to upgrade the communications network of the
                Department of Justice to ensure coverage and capacity,
                particularly when immediate access is needed in times
                of crisis, along the Tucson Sector border and the Yuma
                Sector border for appropriate law enforcement personnel
                of the Department of Justice (including the Drug
                Enforcement Administration and the Bureau of Alcohol,
                Tobacco, Firearms and Explosives), the Department of
                Homeland Security (including United States Immigration
                and Customs Enforcement and United States Customs and
                Border Protection), other Federal agencies, the State
                of Arizona, tribes, and local governments.
            (2) State and local law enforcement.--
                    (A) Authorization of appropriations.--There is
                authorized to be appropriated $35,000,000 to the
                Department of Justice to purchase P-25 compliant
                radios, which may include a multi-band option, for
                State and local law enforcement agents working in Santa
                Cruz, Pima, Cochise, Yuma, Pinal, Maricopa, or Graham
                County in the State of Arizona.
                    (B) Access to federal spectrum.--If a State,
                tribal, or local law enforcement agency in Arizona
                experiences an emergency situation that necessitates
                immediate communication with the Department of Justice,
                the Department of Homeland Security, or any of their
                respective subagencies, such law enforcement agency
                shall have access to the spectrum assigned to such
                Federal agency for the duration of such emergency
                situation.

SEC. 7. FINANCIAL ASSISTANCE FOR STATES AND LOCAL GOVERNMENTS.

    (a) State Criminal Alien Assistance Program.--
            (1) Reimbursement required.--The Attorney General shall
        fully reimburse States and local governments for the costs
        incurred by such governments to incarcerate aliens convicted of
        criminal activity while unlawfully present in the United
        States, in accordance with section 241(i) of the Immigration
        and Nationality Act (8 U.S.C. 1251(i)).
            (2) Authorization of appropriations.--Section 241(i)(5)(C)
        of the Immigration and Nationality Act (8 U.S.C. 1251(i)(5)(C))
        is amended by striking ``2011'' and inserting ``2020''.
    (b) Southwest Border Prosecution Initiative.--
            (1) Reimbursement to state and local prosecutors for
        federally initiated criminal cases.--Subject to the
        availability of appropriations, the Attorney General shall
        reimburse State, county, tribal, and municipal governments for
        costs associated with the prosecution and pre-trial detention
        of federally initiated criminal cases declined by local offices
        of the United States Attorneys.
            (2) Authorization of appropriations.--There is authorized
        to be appropriated $50,000,000 for each of the fiscal years
        2008 through 2020 to carry out paragraph (1).

SEC. 8. MAGISTRATE JUDGE.

    The judges of the United States District Court for the District of
Arizona shall appoint 1 full-time magistrate judge, who shall have the
authority to hear all cases and controversies in Cochise County,
Arizona.

Output:
Border Security Enforcement Act of 2010 - Authorizes the Governor of Arizona to: (1) order 3,000 members of the Arizona National Guard and other National Guard units to perform Active Guard and Reserve duty by immediately deploying along the Tucson Sector border and the Yuma Sector border; and (2) construct and maintain related surveillance platforms.

Directs such deployment's continuation until the Governor of Arizona certifies that the federal government has achieved operational control of the Tucson Sector and the Yuma Sector borders.

Directs the Secretary of Homeland Security (DHS) to increase, by January 1, 2015, the number of Border Patrol agents stationed along the Tucson Sector and the Yuma Sector borders by 3,000.

Authorizes appropriations for: (1) DHS to implement Operation Streamline along the Tucson Sector and the Yuma Sector borders and reimburse state, local, and tribal law enforcement for related detention costs; and (2) the Federal Emergency Management Agency (FEMA) to enhance law enforcement readiness along the U.S. borders through Operation Stonegarden.

Directs the Secretary to: (1) make specified enhancements to the Tucson Sector border; (2) analyze the feasibility of creating an additional Border Patrol sector in eastern Arizona and western New Mexico to interrupt drug trafficking operations; (3) construct a permanent checkpoint near Tubac, Arizona, and operate roving checkpoints along the Tucson Sector and the Yuma Sector borders; and (4) establish a two-year grant program, to be administered by Arizona, to improve emergency communications along the Tucson Sector and the Yuma Sector borders.

Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to: (1) complete the required 700 mile southwest border fencing by December 31, 2011; and (2) construct double- and triple-layer fencing at appropriate locations along the Tucson Sector and the Yuma Sector borders.

Provides for additional mobile surveillance systems and unmanned aerial vehicles along the Tucson Sector and the Yuma Sector borders.

Authorizes appropriations for: (1) purchases and upgrades of law enforcement communications equipment; (2) the state criminal alien assistance program; and (3) reimbursement of state, county, tribal, and municipal costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local U.S. Attorneys' offices.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deadly Driver Reduction Act''.

SEC. 2. NATIONAL MINIMUM SENTENCES FOR INDIVIDUALS CONVICTED OF
              OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF
              ALCOHOL.

    (a) In General.--Section 164 of title 23, United States Code, is
amended to read as follows:
``Sec. 164. National minimum sentences for individuals convicted of
              operating motor vehicles while under the influence of
              alcohol
    ``(a) Definitions.--In this section:
            ``(1) Blood alcohol concentration.--The term `blood alcohol
        concentration' means grams of alcohol per 100 milliliters of
        blood or grams of alcohol per 210 liters of breath.
            ``(2) Driving under the influence.--The term `driving under
        the influence' means operating a motor vehicle while having a
        blood alcohol concentration above the limit established by the
        State in which the motor vehicle is operated.
            ``(3) Motor vehicle.--The term `motor vehicle' means a
        vehicle driven or drawn by mechanical power and manufactured
        primarily for use on public highways, but does not include a
        vehicle operated solely on a rail line or a commercial vehicle.
            ``(4) Operate.--The term `operate', with respect to a motor
        vehicle, means to drive or be in actual physical control of the
        motor vehicle.
    ``(b) Withholding of Apportionments for Noncompliance.--
            ``(1) Fiscal year 2003.--The Secretary shall withhold 5
        percent of the amount required to be apportioned to any State
        under each of paragraphs (1), (3), and (4) of section 104(b) on
        October 1, 2002, if the State does not meet the requirements of
        paragraph (3) on that date.
            ``(2) Subsequent fiscal years.--The Secretary shall
        withhold 10 percent (including any amounts withheld under
        paragraph (1)) of the amount required to be apportioned to any
        State under each of paragraphs (1), (3), and (4) of section
        104(b) on October 1, 2003, and on October 1 of each fiscal year
        thereafter, if the State does not meet the requirements of
        paragraph (3) on that date.
            ``(3) Requirements.--
                    ``(A) In general.--A State meets the requirements
                of this paragraph if the State has enacted and is
                enforcing a law that provides for a minimum sentence
                consistent with the following and with subparagraph
                (B):
                            ``(i) Except as provided in clause (ii), in
                        the case of the first conviction of an
                        individual for driving under the influence, a
                        sentence requiring--
                                    ``(I) revocation of the
                                individual's driver's license for 6
                                months;
                                    ``(II) payment of a $500 fine by
                                the individual; and
                                    ``(III)(aa) an assessment of the
                                individual's degree of alcohol abuse;
                                and
                                    ``(bb) appropriate treatment.
                            ``(ii) In the case of the first conviction
                        of an individual for operating a motor vehicle
                        with a blood alcohol concentration of .16 or
                        greater, a sentence requiring--
                                    ``(I) revocation of the
                                individual's driver's license for 6
                                months, or for 2 years if, at the time
                                of arrest, the individual refused to
                                take a breath test to determine the
                                individual's blood alcohol
                                concentration;
                                    ``(II) imposition of a requirement
                                on the individual prohibiting the
                                individual from operating a motor
                                vehicle with a blood alcohol
                                concentration of .05 or greater for 5
                                years;
                                    ``(III) impoundment or
                                immobilization of the individual's
                                motor vehicle for 30 days;
                                    ``(IV) imposition of a requirement
                                on the individual requiring the
                                installation of an ignition interlock
                                system on the individual's motor
                                vehicle for 180 days;
                                    ``(V) payment of a $750 fine by the
                                individual;
                                    ``(VI) 10 days of imprisonment of,
                                or 60 days of community service by, the
                                individual; and
                                    ``(VII)(aa) an assessment of the
                                individual's degree of alcohol abuse;
                                and
                                    ``(bb) appropriate treatment.
                            ``(iii) Except as provided in clause (iv),
                        in the case of the second conviction of an
                        individual for driving under the influence, a
                        sentence requiring--
                                    ``(I) revocation of the
                                individual's driver's license for 1
                                year, or for 2 years if, at the time of
                                arrest, the individual refused to take
                                a breath test to determine the
                                individual's blood alcohol
                                concentration;
                                    ``(II) imposition of a requirement
                                on the individual prohibiting the
                                individual from operating a motor
                                vehicle with a blood alcohol
                                concentration of .05 or greater for 5
                                years;
                                    ``(III) impoundment or
                                immobilization of the individual's
                                motor vehicle for 60 days;
                                    ``(IV) imposition of a requirement
                                on the individual requiring the
                                installation of an ignition interlock
                                system on the individual's motor
                                vehicle for 1 year;
                                    ``(V) payment of a $1,000 fine by
                                the individual;
                                    ``(VI) 10 days of imprisonment of,
                                or 60 days of community service by, the
                                individual; and
                                    ``(VII)(aa) an assessment of the
                                individual's degree of alcohol abuse;
                                and
                                    ``(bb) appropriate treatment.
                            ``(iv) In the case of the third or
                        subsequent conviction of an individual for
                        driving under the influence, or in the case of
                        a second such conviction if the individual's
                        first such conviction was a conviction
                        described in clause (ii), a sentence requiring
                        permanent revocation of the individual's
                        driver's license.
                    ``(B) Revocations.--A revocation of a driver's
                license under subparagraph (A) shall not be subject to
                any exception or condition, including an exception or
                condition to avoid hardship to any individual.
    ``(c) Period of Availability; Effect of Compliance and
Noncompliance.--
            ``(1) Period of availability of withheld funds.--
                    ``(A) Funds withheld on or before september 30,
                2004.--Any funds withheld under subsection (b) from
                apportionment to any State on or before September 30,
                2004, shall remain available until the end of the third
                fiscal year following the fiscal year for which the
                funds are authorized to be appropriated.
                    ``(B) Funds withheld after september 30, 2004.--No
                funds withheld under this section from apportionment to
                any State after September 30, 2004, shall be available
                for apportionment to the State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld
        under subsection (b) from apportionment are to remain available
        for apportionment to a State under paragraph (1)(A), the State
        meets the requirements of subsection (b)(3), the Secretary
        shall, on the first day on which the State meets the
        requirements, apportion to the State the funds withheld under
        subsection (b) that remain available for apportionment to the
        State.
            ``(3) Period of availability of subsequently apportioned
        funds.--
                    ``(A) In general.--Any funds apportioned under
                paragraph (2) shall remain available for expenditure
                until the end of the third fiscal year following the
                fiscal year in which the funds are so apportioned.
                    ``(B) Treatment of certain funds.--Any funds
                apportioned under paragraph (2) that are not obligated
                at the end of the period referred to in subparagraph
                (A) shall lapse.
            ``(4) Effect of noncompliance.--If, at the end of the
        period for which funds withheld under subsection (b) from
        apportionment are available for apportionment to a State under
        paragraph (1)(A), the State does not meet the requirements of
        subsection (b)(3), the funds shall lapse.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by striking the item
relating to section 164 and inserting the following:

``164. National minimum sentences for individuals convicted of
                            operating motor vehicles while under the
                            influence of alcohol.''.

Output:
Deadly Driver Reduction Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2003, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides the following minimum sentences: (1) for a first conviction of operating a motor vehicle while under the influence of alcohol, revocation of the driver's license for six months, imposition of a $500 fine, and an assessment of the individual's degree of alcohol abuse and appropriate treatment; (2) for a first conviction of operating a motor vehicle with a blood alcohol concentration of .16 or greater, revocation of the individual's license for six months, or two years if the individual refused to take a breath test to determine the individual's blood alcohol concentration, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 30 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for 180 days, imposition of a $750 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment; (3) for a third conviction for operating a motor vehicle while under the influence of alcohol, revocation of license for one year, or two years if the individual refused to take a breath test, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 60 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for one year, imposition of a $1,000 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment; and (4) for a third or subsequent conviction for operating a motor vehicle while under the influence of alcohol or for a second such conviction if the individual's first conviction was for operating a motor vehicle with a blood alcohol concentration of .16 or greater, permanent revocation of the individual's license (without exception).
Allows funds withheld from a State during FY 2003 to be available for up to three fiscal years after such date (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years.