SECTION 1. SHORT TITLE. This Act may be cited as the ``Pregnant Workers Fairness Act''. SEC. 2. NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS RELATED TO PREGNANCY. It shall be an unlawful employment practice for a covered entity to-- (1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; (2) deny employment opportunities to a job applicant or employee, if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant; (3) require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept, if such accommodation is unnecessary to enable the applicant or employee to perform her job; (4) require an employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee; or (5) take adverse action in terms, conditions, or privileges of employment against an employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee. SEC. 3. REMEDIES AND ENFORCEMENT. (a) Employees Covered by Title VII of the Civil Rights Act of 1964.-- (1) In general.--The powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, procedures, and remedies this Act provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(A), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (b) Employees Covered by Congressional Accountability Act of 1995.-- (1) In general.--The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(B), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (4) Other applicable provisions.--With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). (c) Employees Covered by Chapter 5 of Title 3, United States Code.-- (1) In general.--The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person, alleging a violation of section 411(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, such Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(C), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the President, the Commission, such Board, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, such Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (d) Employees Covered by Government Employee Rights Act of 1991.-- (1) In general.--The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the powers, remedies, and procedures this Act provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(D), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (e) Employees Covered by Section 717 of the Civil Rights Act of 1964.-- (1) In general.--The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee or applicant described in section 5(3)(E), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (f) Prohibition Against Retaliation.-- (1) In general.--No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act. (2) Prohibition against coercion.--It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act. (3) Remedy.--The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. SEC. 4. RULEMAKING. Not later than 2 years after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code, to carry out this Act. Such regulations shall provide examples of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions that shall be provided to a job applicant or employee affected by such known limitations unless the covered entity can demonstrate that doing so would impose an undue hardship. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``Commission'' means the Equal Employment Opportunity Commission; (2) the term ``covered entity''-- (A) has the meaning given the term ``respondent'' in section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(n)); and (B) includes-- (i) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code; (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e- 16c(a)); and (iii) an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 16(a)) applies; (3) the term ``employee'' means-- (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies; (4) 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)); and (5) the terms ``reasonable accommodation'' and ``undue hardship'' have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms have been construed under such Act and as set forth in the regulations required by this Act, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation. SEC. 6. WAIVER OF STATE IMMUNITY. A State shall not be immune under the 11th Amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. SEC. 7. RELATIONSHIP TO OTHER LAWS. Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for workers affected by pregnancy, childbirth, or related medical conditions.

Summary: Pregnant Workers Fairness Act Declares that it is an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to: (1) fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations; (3) require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job; (4) require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations; or (5) take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations. Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. Prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Funds Transfer Equal Consumer Protection Act''. SEC. 2. EQUAL CONSUMER PROTECTION. (a) Definition of Error.--Section 908(f) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(f)) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and (2) by inserting after paragraph (4) the following new paragraphs: ``(5) an electronic fund transfer affecting the customer's account in connection with a transaction for goods or services not accepted by the customer or a designee of the customer or not delivered to the customer or any such designee, or that is not in accordance with the agreement made at the time of a transaction;''. (b) Covered Transactions.--Section 903(6) of the Electronic Fund Transfer Act (15 U.S.C. 1693a(6)) is amended by inserting after the 2nd sentence the following new sentence: ``Such term also includes any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a card commonly referred to as a debit card, without regard to the manner in which the third party conveys the order, instruction, or authorization to the financial institution to credit or debit the consumer's account at the financial institution.''. (c) Prompt Provisional Recredit Required.--Section 908(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(c)) is amended by striking the first sentence and inserting the following new sentence: ``Prompt Provisional Recredit Required.--If a financial institution receives notice of an error in the manner and within the time period specified in subsection (a), the financial institution shall, within 1 business day after receiving such notice, provisionally recredit the consumer's account for the amount alleged to be in error, subject to section 909, including interest where applicable, pending the conclusion of the investigation by the financial institution under subsection (a) and the determination of whether an error has occurred.''. (d) Prompt Error Resolution Required.--Section 908(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(a) is amended to read as follows: ``(a) Investigation of Reported Error Required.-- ``(1) In general.--If, before the end of the 60-day period beginning on the date a financial institution transmits consumer documentation pursuant to subsection (a), (c), or (d) of section 906 or a notice relating to a consumer account pursuant to section 906(b) to a consumer, the financial institution receives oral or written notice in which the consumer-- ``(A) provides sufficient information to allow the financial institution to identify the name and account number of the consumer; ``(B) indicates the consumer's belief that the documentation transmitted, or the consumer's account to which the notice related, contains an error and the amount of such error; and ``(C) indicates the reasons for the consumer's belief (where applicable) that an error has occurred, the financial institution shall investigate the alleged error, determine whether an error has occurred, and report or mail the results of such investigation and determination to the consumer within 1 business day. ``(2) Written confirmation of oral notice.-- ``(A) In general.--In any case in which a consumer provides oral notice of an error to a financial institution in accordance with paragraph (1), the financial institution may require written confirmation to be provided to the institution by the consumer if the financial institution-- ``(i) advises the consumer of such requirement at the time the oral notice is made and the manner in which the confirmation shall be provided; and ``(ii) provides the consumer with the address to which such confirmation should be sent. ``(B) Timely receipt of consumer statement.--If a requirement by a financial institution for a written confirmation pursuant to subparagraph (A) of an oral notice by a consumer may be satisfied by a written statement prepared and submitted by the consumer, such confirmation shall be timely if the financial institution receives such confirmation before the end of the 15-day period beginning on the date the financial institution provided the notice to the consumer under subparagraph (A). ``(C) Timely return of financial institution's confirmation form.--If a requirement by a financial institution for a written confirmation pursuant to subparagraph (A) of an oral notice by a consumer may be only be confirmed by the consumer's signature on a written confirmation form sent by the financial institution to the consumer for such purpose-- ``(i) such confirmation shall be timely if the financial institution receives such confirmation form from the consumer with the consumer's signature before the end of the 30- day period beginning on the date the financial institution provided the notice to the consumer under subparagraph (A); and ``(ii) such confirmation shall be deemed to have been timely received if the consumer fails to receive the written confirmation form to sign from the financial institution before the end of the 20-day period beginning on such date. ``(3) Failure to timely confirm.--If a financial institution which requires written confirmation of a consumer's oral notice of an error in accordance with paragraph (2)(A) does not receive such confirmation in accordance with subparagraph (B) or (C)(i) of paragraph (2) before the end of the applicable period described in the appropriate subparagraph, the financial institution-- ``(A) need not provisionally recredit the consumer's account in accordance with subsection (c) ; and ``(B) shall not be liable under subsection (e). ``(4) Burden of proof.--In any investigation or resolution of an alleged error under this section, the burden of proof is on the financial institution to show that an error did not occur.''. (e) Technical and Conforming Amendments.-- (1) Section 908(b) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(b)) is amended by inserting ``subsection (c) and'' after ``, subject to''. (2) The first sentence of section 908(d) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(d)) is amended by striking ``or (c)''. (3) Section 908(e)(1) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(e)(1)) is amended by striking ``ten-day period'' and inserting ``1-day period''.

Summary: Electronic Funds Transfer Equal Consumer Protection Act - Amends the the Electronic Fund Transfer Act to treat as an error any electronic fund transfer affecting the customer's account regarding a transaction for goods or services not accepted by or not delivered to the customer, or not in accordance with the agreement made at the time of the transaction. Redefines electronic fund transfer to cover any transaction initiated through an electronic terminal, telephonic instrument, or computer, including transactions initiated through the use of a check card or a debit card. Revises requirements for a financial institution's discretionary provisional recredit of a consumer's account after receiving notice of an error. Makes such a provisional recredit mandatory, within one business day after receipt of such a notice. Revises requirements for prompt resolution of errors to authorize a financial institution to require a consumer to submit written confirmation of an oral error notice before it recredits provisionally the consumer's account.


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''.

Summary: 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.


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,''.

Summary: 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.


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.

Summary: 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.


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.

Summary: 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).


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)).

Summary: 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.


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.

Summary: 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.