Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Allergy and Anaphylaxis
Management Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Early childhood education program.--The term ``early
        childhood education program'' means--
                    (A) a Head Start program or an Early Head Start
                program carried out under the Head Start Act (42 U.S.C.
                9831 et seq.);
                    (B) a State licensed or regulated child care
                program or school; or
                    (C) a State prekindergarten program that serves
                children from birth through kindergarten.
            (2) ESEA definitions.--The terms ``local educational
        agency'', ``secondary school'', ``elementary school'', and
        ``parent'' have the meanings given the terms in section 9101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801).
            (3) School.--The term ``school'' includes public--
                    (A) kindergartens;
                    (B) elementary schools; and
                    (C) secondary schools.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 3. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS
              MANAGEMENT GUIDELINES.

    (a) Establishment.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary, in consultation with the
        Secretary of Education, shall--
                    (A) develop guidelines to be used on a voluntary
                basis to develop plans for individuals to manage the
                risk of food allergy and anaphylaxis in schools and
                early childhood education programs; and
                    (B) make such guidelines available to local
                educational agencies, schools, early childhood
                education programs, and other interested entities and
                individuals to be implemented on a voluntary basis
                only.
            (2) Applicability of ferpa.--Each plan described in
        paragraph (1) that is developed for an individual shall be
        considered an education record for the purpose of the Family
        Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
    (b) Contents.--The voluntary guidelines developed by the Secretary
under subsection (a) shall address each of the following, and may be
updated as the Secretary determines necessary:
            (1) Parental obligation to provide the school or early
        childhood education program, prior to the start of every school
        year, with--
                    (A) documentation from their child's physician or
                nurse--
                            (i) supporting a diagnosis of food allergy,
                        and any risk of anaphylaxis, if applicable;
                            (ii) identifying any food to which the
                        child is allergic;
                            (iii) describing, if appropriate, any prior
                        history of anaphylaxis;
                            (iv) listing any medication prescribed for
                        the child for the treatment of anaphylaxis;
                            (v) detailing emergency treatment
                        procedures in the event of a reaction;
                            (vi) listing the signs and symptoms of a
                        reaction; and
                            (vii) assessing the child's readiness for
                        self-administration of prescription medication;
                        and
                    (B) a list of substitute meals that may be offered
                to the child by school or early childhood education
                program food service personnel.
            (2) The creation and maintenance of an individual plan for
        food allergy management, in consultation with the parent,
        tailored to the needs of each child with a documented risk for
        anaphylaxis, including any procedures for the self-
        administration of medication by such children in instances
        where--
                    (A) the children are capable of self-administering
                medication; and
                    (B) such administration is not prohibited by State
                law.
            (3) Communication strategies between individual schools or
        early childhood education programs and providers of emergency
        medical services, including appropriate instructions for
        emergency medical response.
            (4) Strategies to reduce the risk of exposure to
        anaphylactic causative agents in classrooms and common school
        or early childhood education program areas such as cafeterias.
            (5) The dissemination of general information on life-
        threatening food allergies to school or early childhood
        education program staff, parents, and children.
            (6) Food allergy management training of school or early
        childhood education program personnel who regularly come into
        contact with children with life-threatening food allergies.
            (7) The authorization and training of school or early
        childhood education program personnel to administer epinephrine
        when the nurse is not immediately available.
            (8) The timely accessibility of epinephrine by school or
        early childhood education program personnel when the nurse is
        not immediately available.
            (9) The creation of a plan contained in each individual
        plan for food allergy management that addresses the appropriate
        response to an incident of anaphylaxis of a child while such
        child is engaged in extracurricular programs of a school or
        early childhood education program, such as non-academic outings
        and field trips, before- and after-school programs or before-
        and after-early child education program programs, and school-
        sponsored or early childhood education program-sponsored
        programs held on weekends.
            (10) Maintenance of information for each administration of
        epinephrine to a child at risk for anaphylaxis and prompt
        notification to parents.
            (11) Other elements the Secretary determines necessary for
        the management of food allergies and anaphylaxis in schools and
        early childhood education programs.
    (c) Relation to State Law.--Nothing in this Act or the guidelines
developed by the Secretary under subsection (a) shall be construed to
preempt State law, including any State law regarding whether students
at risk for anaphylaxis may self-administer medication.

SEC. 4. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS.

    (a) In General.--The Secretary may award grants to local
educational agencies to assist such agencies with implementing
voluntary food allergy and anaphylaxis management guidelines described
in section 3.
    (b) Application.--
            (1) In general.--To be eligible to receive a grant under
        this section, a local educational agency shall submit an
        application to the Secretary at such time, in such manner, and
        including such information as the Secretary may reasonably
        require.
            (2) Contents.--Each application submitted under paragraph
        (1) shall include--
                    (A) an assurance that the local educational agency
                has developed plans in accordance with the food allergy
                and anaphylaxis management guidelines described in
                section 3;
                    (B) a description of the activities to be funded by
                the grant in carrying out the food allergy and
                anaphylaxis management guidelines, including--
                            (i) how the guidelines will be carried out
                        at individual schools served by the local
                        educational agency;
                            (ii) how the local educational agency will
                        inform parents and students of the guidelines
                        in place;
                            (iii) how school nurses, teachers,
                        administrators, and other school-based staff
                        will be made aware of, and given training on,
                        when applicable, the guidelines in place; and
                            (iv) any other activities that the
                        Secretary determines appropriate;
                    (C) an itemization of how grant funds received
                under this section will be expended;
                    (D) a description of how adoption of the guidelines
                and implementation of grant activities will be
                monitored; and
                    (E) an agreement by the local educational agency to
                report information required by the Secretary to conduct
                evaluations under this section.
    (c) Use of Funds.--Each local educational agency that receives a
grant under this section may use the grant funds for the following:
            (1) Purchase of materials and supplies, including limited
        medical supplies such as epinephrine and disposable wet wipes,
        to support carrying out the food allergy and anaphylaxis
        management guidelines described in section 3.
            (2) In partnership with local health departments, school
        nurse, teacher, and personnel training for food allergy
        management.
            (3) Programs that educate students as to the presence of,
        and policies and procedures in place related to, food allergies
        and anaphylactic shock.
            (4) Outreach to parents.
            (5) Any other activities consistent with the guidelines
        described in section 3.
    (d) Duration of Awards.--The Secretary may award grants under this
section for a period of not more than 2 years. In the event the
Secretary conducts a program evaluation under this section, funding in
the second year of the grant, where applicable, shall be contingent on
a successful program evaluation by the Secretary after the first year.
    (e) Limitation on Grant Funding.--The Secretary may not provide
grant funding to a local educational agency under this section after
such local educational agency has received 2 years of grant funding
under this section.
    (f) Maximum Amount of Annual Awards.--A grant awarded under this
section may not be made in an amount that is more than $50,000
annually.
    (g) Priority.--In awarding grants under this section, the Secretary
shall give priority to local educational agencies with the highest
percentages of children who are counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
    (h) Matching Funds.--
            (1) In general.--The Secretary may not award a grant under
        this section unless the local educational agency agrees that,
        with respect to the costs to be incurred by such local
        educational agency in carrying out the grant activities, the
        local educational agency shall make available (directly or
        through donations from public or private entities) non-Federal
        funds toward such costs in an amount equal to not less than 25
        percent of the amount of the grant.
            (2) Determination of amount of non-federal contribution.--
        Non-Federal funds required under paragraph (1) may be cash or
        in-kind, including plant, equipment, or services. Amounts
        provided by the Federal Government, and any portion of any
        service subsidized by the Federal Government, may not be
        included in determining the amount of such non-Federal funds.
    (i) Administrative Funds.--A local educational agency that receives
a grant under this section may use not more than 2 percent of the grant
amount for administrative costs related to carrying out this section.
    (j) Progress and Evaluations.--At the completion of the grant
period referred to in subsection (d), a local educational agency shall
provide the Secretary with information on how grant funds were spent
and the status of implementation of the food allergy and anaphylaxis
management guidelines described in section 3.
    (k) Supplement, Not Supplant.--Grant funds received under this
section shall be used to supplement, and not supplant, non-Federal
funds and any other Federal funds available to carry out the activities
described in this section.
    (l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for fiscal year 2010
and such sums as may be necessary for each of the 4 succeeding fiscal
years.

SEC. 5. VOLUNTARY NATURE OF GUIDELINES.

    (a) In General.--The food allergy and anaphylaxis management
guidelines developed by the Secretary under section 3 are voluntary.
Nothing in this Act or the guidelines developed by the Secretary under
section 3 shall be construed to require a local educational agency to
implement such guidelines.
    (b) Exception.--Notwithstanding subsection (a), the Secretary may
enforce an agreement by a local educational agency to implement food
allergy and anaphylaxis management guidelines as a condition of the
receipt of a grant under section 4.

Output:
Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies; (2) the creation of an individual food allergy management plan for each such child; (3) communication between schools or programs and emergency medical services; (4) reduction of exposure to anaphylactic causative agents; (5) food allergy management training; and (6) administration of epinephrine.

Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Price Competition Act of
2009''.

SEC. 2. EXCLUSIVITY PERIOD.

    (a) First Applicant.--Section 505(j)(5) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended--
            (1) in subparagraph (B)(iv)--
                    (A) in subclause (II), by striking item (bb) and
                inserting the following:
                                            ``(bb) First applicant.--As
                                        used in this subsection, the
                                        term `first applicant' means--

                                                    ``(AA) an applicant
                                                that, on the first day
                                                on which a
                                                substantially complete
                                                application containing
                                                a certification
                                                described in paragraph
                                                (2)(A)(vii)(IV) is
                                                submitted for approval
                                                of a drug, submits a
                                                substantially complete
                                                application that
                                                contains and lawfully
                                                maintains a
                                                certification described
                                                in paragraph
                                                (2)(A)(vii)(IV) for the
                                                drug; or

                                                    ``(BB) an applicant
                                                for the drug not
                                                described in item (AA)
                                                that satisfies the
                                                requirements of
                                                subclause (III).''; and

                    (B) by adding at the end the following:
                                    ``(III) An applicant described in
                                subclause (II)(bb)(BB) shall--
                                            ``(aa) submit and lawfully
                                        maintain a certification
                                        described in paragraph
                                        (2)(A)(vii)(IV) or a statement
                                        described in paragraph
                                        (2)(A)(viii) for each unexpired
                                        patent for which a first
                                        applicant described in item
                                        (AA) had submitted a
                                        certification described in
                                        paragraph (2)(A)(vii)(IV) on
                                        the first day on which a
                                        substantially complete
                                        application containing such a
                                        certification was submitted;
                                            ``(bb) with regard to each
                                        such unexpired patent for which
                                        the applicant submitted a
                                        certification described in
                                        paragraph (2)(A)(vii)(IV), no
                                        action for patent infringement
                                        was brought against the
                                        applicant within the 45-day
                                        period specified in paragraph
                                        (5)(B)(iii), or if an action
                                        was brought within such time
                                        period, the applicant has
                                        obtained the decision of a
                                        court (including a district
                                        court) that the patent is
                                        invalid or not infringed
                                        (including any substantive
                                        determination that there is no
                                        cause of action for patent
                                        infringement or invalidity, and
                                        including a settlement order or
                                        consent decree signed and
                                        entered by the court stating
                                        that the patent is invalid or
                                        not infringed); and
                                            ``(cc) but for the
                                        effective date of approval
                                        provisions in subparagraphs (B)
                                        and (F) and sections 505A and
                                        527, be eligible to receive
                                        immediately effective approval
                                        at a time before any other
                                        applicant has begun commercial
                                        marketing.''; and
            (2) in subparagraph (D)--
                    (A) in clause (i)(IV), by striking ``The first
                applicant'' and inserting ``The first applicant, as
                defined in subparagraph (B)(iv)(II)(bb)(AA),''; and
                    (B) in clause (iii), in the matter preceding
                subclause (I)--
                            (i) by striking ``If all first applicants
                        forfeit the 180-day exclusivity period under
                        clause (ii)''; and
                            (ii) by inserting ``If all first
                        applicants, as defined in subparagraph
                        (B)(iv)(II)(bb)(AA), forfeit the 180-day
                        exclusivity period under clause (ii) at a time
                        at which no applicant has begun commercial
                        marketing''.
    (b) Effective Date and Transitional Provision.--
            (1) Effective date.--The amendments made by subsection (a)
        shall be effective only with respect to an application filed
        under section 505(j) of the Federal Food, Drug, and Cosmetic
        Act (21 U.S.C. 355(j)) to which the amendments made by section
        1102(a) of the Medicare Prescription Drug Improvement and
        Modernization Act of 2003 (Public Law 108-173) apply.
            (2) Transitional provision.--An application filed under
        section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 355(j)), to which the 180-day exclusivity period
        described in paragraph (5)(iv) of such section does not apply,
        and that contains a certification under paragraph
        (2)(A)(vii)(IV) of such Act, shall be regarded as a previous
        application containing such a certification within the meaning
        of section 505(j)(5)(B)(iv) of such Act (as in effect before
        the amendments made by Medicare Prescription Drug Improvement
        and Modernization Act of 2003 (Public Law 108-173)) if--
                    (A) no action for infringement of the patent that
                is the subject of such certification was brought
                against the applicant within the 45-day period
                specified in section 505(j)(5)(B)(iii) of the Federal
                Food, Drug, and Cosmetic Act (21 U.S.C.
                355(j)(5)(B)(iii)), or if an action was brought within
                such time period, the applicant has obtained the
                decision of a court (including a district court) that
                the patent is invalid or not infringed (including any
                substantive determination that there is no cause of
                action for patent infringement or invalidity, and
                including a settlement order or consent decree signed
                and entered by the court stating that the patent is
                invalid or not infringed);
                    (B) the application is eligible to receive
                immediately effective approval, but for the effective
                date of approval provisions in sections 505(j)(5)(B)
                (as in effect before the amendment made by Public Law
                108-173), 505(j)(5)(F), 505A, and 527 of the Federal
                Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B),
                355(j)(5)(F), 355a, 360cc); and
                    (C) no other applicant has begun commercial
                marketing.

Output: Drug Price Competition Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to expand the definition of "first applicant" under such Act to allow a generic drug manufacturer that is currently considered an applicant subsequent to a brand-name manufacturer's 180-day exclusivity period to qualify as a first applicant for purposes of filing an abbreviated application for a new drug. Requires such applicant to submit a substantially complete application that contains and lawfully maintains a certification for such drug.


Input:
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Veterans'
Compensation Rate Amendments of 2001''.
    (b) References to Title 38, United States Code.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.

SEC. 2. DISABILITY COMPENSATION.

    (a) Increase in Rates.--Section 1114 is amended--
        (1) by striking ``$98'' in subsection (a) and inserting
    ``$103'';
        (2) by striking ``$188'' in subsection (b) and inserting
    ``$199'';
        (3) by striking ``$288'' in subsection (c) and inserting
    ``$306'';
        (4) by striking ``$413'' in subsection (d) and inserting
    ``$439'';
        (5) by striking ``$589'' in subsection (e) and inserting
    ``$625'';
        (6) by striking ``$743'' in subsection (f) and inserting
    ``$790'';
        (7) by striking ``$937'' in subsection (g) and inserting
    ``$995'';
        (8) by striking ``$1,087'' in subsection (h) and inserting
    ``$1,155'';
        (9) by striking ``$1,224'' in subsection (i) and inserting
    ``$1,299'';
        (10) by striking ``$2,036'' in subsection (j) and inserting
    ``$2,163'';
        (11) in subsection (k)--
            (A) by striking ``$76'' both places it appears and
        inserting ``$80''; and
            (B) by striking ``$2,533'' and ``$3,553'' and inserting
        ``$2,691'' and ``$3,775'', respectively;
        (12) by striking ``$2,533'' in subsection (l) and inserting
    ``$2,691'';
        (13) by striking ``$2,794'' in subsection (m) and inserting
    ``$2,969'';
        (14) by striking ``$3,179'' in subsection (n) and inserting
    ``$3,378'';
        (15) by striking ``$3,553'' each place it appears in
    subsections (o) and (p) and inserting ``$3,775'';
        (16) by striking ``$1,525'' and ``$2,271'' in subsection (r)
    and inserting ``$1,621'' and ``$2,413'', respectively; and
        (17) by striking ``$2,280'' in subsection (s) and inserting
    ``$2,422''.
    (b) Special Rule.--The Secretary of Veterans Affairs may authorize
administratively, consistent with the increases authorized by this
section, the rates of disability compensation payable to persons within
the purview of section 10 of Public Law 85-857 who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.

SEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS.

    Section 1115(1) is amended--
        (1) by striking ``$117'' in clause (A) and inserting ``$124'';
        (2) by striking ``$201'' and ``$61'' in clause (B) and
    inserting ``$213'' and ``$64'', respectively;
        (3) by striking ``$80'' and ``$61'' in clause (C) and inserting
    ``$84'' and ``$64'', respectively;
        (4) by striking ``$95'' in clause (D) and inserting ``$100'';
        (5) by striking ``$222'' in clause (E) and inserting ``$234'';
    and
        (6) by striking ``$186'' in clause (F) and inserting ``$196''.

SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.

    Section 1162 is amended by striking ``$546'' and inserting
``$580''.

SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.

    (a) New Law Rates.--Section 1311(a) is amended--
        (1) by striking ``$881'' in paragraph (1) and inserting
    ``$935''; and
        (2) by striking ``$191'' in paragraph (2) and inserting
    ``$202''.
    (b) Old Law Rates.--The table in section 1311(a)(3) is amended to
read as follows:

                                  Monthly                       Monthly
``Pay grade                          rate   Pay grade              rate
    E-1......................        $935       W-4........      $1,119
    E-2......................         935       O-1........         988
    E-3......................         935       O-2........       1,021
    E-4......................         935       O-3........       1,092
    E-5......................         935       O-4........       1,155
    E-6......................         935       O-5........       1,272
    E-7......................         967       O-6........       1,433
    E-8......................       1,021       O-7........       1,549
    E-9......................    1,066\1\       O-8........       1,699
    W-1......................         988       O-9........       1,818
    W-2......................       1,028       O-10.......    1,994\2\
    W-3......................       1,058

``\1\If the veteran served as Sergeant Major of the Army, Senior
  Enlisted Advisor of the Navy, Chief Master Sergeant of the Air Force,
  Sergeant Major of the Marine Corps, or Master Chief Petty Officer of
  the Coast Guard, at the applicable time designated by section 1302 of
  this title, the surviving spouse's rate shall be $1,149.
``\2\If the veteran served as Chairman or Vice Chairman of the Joint
  Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
  Operations, Chief of Staff of the Air Force, Commandant of the Marine
  Corps, or Commandant of the Coast Guard, at the applicable time
  designated by section 1302 of this title, the surviving spouse's rate
  shall be $2,139.''.

    (c) Additional DIC for Children.--Section 1311(b) is amended by
striking ``$222'' and inserting ``$234''.
    (d) Aid and Attendance Allowance.--Section 1311(c) is amended by
striking ``$222'' and inserting ``$234''.
    (e) Housebound Rate.--Section 1311(d) is amended by striking
``$107'' and inserting ``$112''.

SEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.

    (a) DIC for Orphan Children.--Section 1313(a) is amended--
        (1) by striking ``$373'' in paragraph (1) and inserting
    ``$397'';
        (2) by striking ``$538'' in paragraph (2) and inserting
    ``$571'';
        (3) by striking ``$699'' in paragraph (3) and inserting
    ``$742''; and
        (4) by striking ``$699'' and ``$136'' in paragraph (4) and
    inserting ``$742'' and ``$143'', respectively.
    (b) Supplemental DIC for Disabled Adult Children.--Section 1314 is
amended--
        (1) by striking ``$222'' in subsection (a) and inserting
    ``$234'';
        (2) by striking ``$373'' in subsection (b) and inserting
    ``$397''; and
        (3) by striking ``$188'' in subsection (c) and inserting
    ``$199''.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on December 1,
2001.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output: Veterans' Compensation Rate Amendments of 2001 - Increases, as of December 1, 2001, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and for children.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation Information Recall
Enhancement Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) in an interview with ABC News on September 3, 2000,
        Secretary of Transportation Rodney Slater stated that he thinks
        there should be a law requiring that the United States be
        immediately notified of a foreign recall, ``especially in the
        global economy when you've got U.S. goods really being used by
        individuals around the world. We should know when there's a
        problem someplace else.'';
            (2) as of the date of enactment of this Act, there is no
        legal requirement for manufacturers of motor vehicles and their
        components to notify United States agencies of a recall issued
        in a foreign country;
            (3) between August 1999 and spring 2000, Ford Motor Company
        replaced Firestone tires on 46,912 vehicles in Saudi Arabia,
        Thailand, Malaysia, and South America;
            (4)(A) on May 2, 2000, the National Highway Traffic Safety
        Administration opened a preliminary evaluation into Firestone
        ATX, ATX II, and Wilderness AT tires after receiving 90
        complaints, primarily from consumers in the Southeast and
        Southwest, about tread separations or blowouts;
            (B) as of September 2000, the National Highway Traffic
        Safety Administration has received over 1,400 complaints,
        including reports of more than 250 injuries and 88 deaths; and
            (C) some of the complaints date back to the early 1990s,
        and 797 of the complaints report that a tire failure took place
        between August 1, 1999, and August 9, 2000; and
            (5)(A) on August 9, 2000, Bridgestone/Firestone announced a
        United States recall of 6,500,000 ATX, ATX II, and Wilderness
        AT tires; and
            (B) that date was 3 months after the National Highway
        Traffic Safety Administration commenced its investigation and
        nearly 9 months after Ford Motor Company initiated the
        replacement of the tires in foreign countries.
    (b) Purpose.--The purpose of this Act is to ensure that defects in
motor vehicles or replacement equipment in foreign countries are
quickly, accurately, and truthfully reported to the United States
Secretary of Transportation in cases in which--
            (1) the motor vehicles or replacement equipment is
        manufactured for export to the United States; or
            (2) the motor vehicles or replacement equipment is
        manufactured in the United States using a manufacturing process
        that is the same as, or similar to, the manufacturing process
        used in the foreign country, with the result that the motor
        vehicles or replacement equipment manufactured in the United
        States may also be defective.

SEC. 3. CRIMINAL AND CIVIL PENALTIES IN CONNECTION WITH REPORTING OF
              DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.

    (a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1036. Penalties in connection with reporting of defects in
              foreign motor vehicle products
    ``(a) Definitions.--
            ``(1) Foreign motor vehicle product.--The term `foreign
        motor vehicle product' means a motor vehicle or replacement
        equipment that--
                    ``(A) is manufactured in a foreign country for
                export to the United States; or
                    ``(B) is manufactured in a foreign country using a
                manufacturing process that is the same as, or similar
                to, a manufacturing process used in the United States
                for a motor vehicle or replacement equipment.
            ``(2) Other terms.--The terms `defect', `manufacturer',
        `motor vehicle', and `replacement equipment' have the meanings
        given the terms in section 30102 of title 49.
    ``(b) Criminal Penalty.--A manufacturer of a foreign motor vehicle
product, or an officer or employee of such a manufacturer, that, in
connection with a report required to be filed under section 30118(f) of
title 49, willfully--
            ``(1) falsifies or conceals a material fact;
            ``(2) makes a materially false, fictitious, or fraudulent
        statement or representation; or
            ``(3) makes or uses a false writing or document knowing
        that the writing or document contains any materially false,
        fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years, or
both.
    ``(c) Civil Penalty.--
            ``(1) In general.--In addition to any civil penalty that
        may be assessed under chapter 301 of title 49, a manufacturer
        that violates section 30118(f) of title 49 shall be subject to
        a civil penalty of not more than $500,000 for each day of the
violation.
            ``(2) Compromise of penalty.--The Attorney General may
        compromise the amount of a civil penalty imposed under
        paragraph (1).
            ``(3) Determination of amount.--In determining the amount
        of a civil penalty or compromise under this subsection, the
        Attorney General shall consider--
                    ``(A) the appropriateness of the penalty or
                compromise in relation to the size of the business of
                the manufacturer liable for the penalty; and
                    ``(B) the gravity of the violation.
            ``(4) Deduction of amount of penalty.--The United States
        Government may deduct the amount of the civil penalty imposed
        or compromised under this section from any amount that the
        Government owes the manufacturer liable for the penalty.''.
    (b) Conforming Amendment.--The analysis for chapter 47 of title 18,
United States Code, is amended by adding at the end the following:

``1036. Penalties in connection with reporting of defects in foreign
                            motor vehicle products.''.

SEC. 4. REPORTING OF DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.

    Section 30118 of title 49, United States Code, is amended by adding
at the end the following:
    ``(f) Reporting of Defects in Foreign Motor Vehicle Products.--
            ``(1) Definition of foreign motor vehicle product.--The
        term `foreign motor vehicle product' means a motor vehicle or
        replacement equipment that--
                    ``(A) is manufactured in a foreign country for
                export to the United States; or
                    ``(B) is manufactured in a foreign country using a
                manufacturing process that is the same as, or similar
                to, a manufacturing process used in the United States
                for a motor vehicle or replacement equipment.
            ``(2) Reporting of defects.--
                    ``(A) Initial report.--Not later than 48 hours
                after determining, or learning that a government of a
                foreign country has determined, that a foreign motor
                vehicle product contains a defect that could be related
                to motor vehicle safety, the manufacturer of the
                foreign motor vehicle product shall report the
                determination to the Secretary.
                    ``(B) Written report.--
                            ``(i) In general.--Not later than 5 days
                        after the end of the 48-hour period described
                        in subparagraph (A), the manufacturer shall
                        submit to the Secretary a written report that
                        meets the requirements of clause (ii).
                            ``(ii) Contents of written report.--A
                        written report under clause (i) shall contain--
                                    ``(I) a description of the foreign
                                motor vehicle product that is the
                                subject of the report;
                                    ``(II) a description of--
                                            ``(aa) the determination of
                                        the defect by the government of
                                        the foreign country or by the
                                        manufacturer of a foreign motor
                                        vehicle product; and
                                            ``(bb) any measures that
                                        the government requires to be
                                        taken, or the manufacturer
                                        determines should be taken, to
                                        obtain a remedy of the defect;
                                    ``(III) information concerning any
                                serious injuries or fatalities possibly
                                resulting from the defect; and
                                    ``(IV) such other information as
                                the Secretary determines to be
                                appropriate.
            ``(3) Reporting of possible defects.--Upon making a
        determination that there have been a significant number of
        serious injuries or fatalities in a foreign country that could
        have resulted from a defect in a foreign motor vehicle product
        that could be related to motor vehicle safety (as determined in
        accordance with regulations promulgated by the Secretary), the
        manufacturer of the foreign motor vehicle product shall report
        the determination to the Secretary in such manner as the
        Secretary establishes by regulation.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on the
date that is 180 days after the date of enactment of this Act.

Output: Amends Federal transportation law to require a manufacturer, not later than 48 hours after determining, or learning that a government of a foreign country has determined, that a foreign motor vehicle product contains a defect that could be related to motor vehicle safety, to report such determination to the Secretary of Transportation. Sets forth similar requirements with respect to the reporting of possible defects in such vehicle or equipment that have resulted in a significant number of serious injuries or fatalities in a foreign country. Sets forth both criminal and civil penalties for manufacturers of foreign motor vehicle products who falsify information with respect to, or otherwise violate, the reporting requirements contained in this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hibben Center for Archaeological
Research Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) when the Chaco Culture National Historical Park was
        established in 1907 as the Chaco Canyon National Monument, the
        University of New Mexico owned a significant portion of the
        land located within the boundaries of the Park;
            (2) during the period from the 1920's to 1947, the
        University of New Mexico conducted archaeological research in
        the Chaco Culture National Historical Park;
            (3) in 1949, the University of New Mexico--
                    (A) conveyed to the United States all right, title,
                and interest of the University in and to the land in
                the Park; and
                    (B) entered into a memorandum of agreement with the
                National Park Service establishing a research
                partnership with the Park;
            (4) since 1971, the Chaco Culture National Historical Park,
        through memoranda of understanding and cooperative agreements
        with the University of New Mexico, has maintained a research
        museum collection and archive at the University;
            (5) both the Park and the University have large,
        significant archaeological research collections stored at the
        University in multiple, inadequate, inaccessible, and cramped
        repositories; and
            (6) insufficient storage at the University makes research
        on and management, preservation, and conservation of the
        archaeological research collections difficult.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Hibben center.--The term ``Hibben Center'' means the
        Hibben Center for Archaeological Research to be constructed at
        the University under section 4(a).
            (2) Park.--The term ``Park'' means the Chaco Culture
        National Historical Park in the State of New Mexico.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (4) Tenant improvement.--The term ``tenant improvement''
        includes--
                    (A) finishing the interior portion of the Hibben
                Center leased by the National Park Service under
                section 4(c)(1); and
                    (B) installing in that portion of the Hibben
                Center--
                            (i) permanent fixtures; and
                            (ii) portable storage units and other
                        removable objects.
            (5) University.--The term ``University'' means the
        University of New Mexico.

SEC. 4. HIBBEN CENTER FOR ARCHAEOLOGICAL RESEARCH.

    (a) Establishment.--The Secretary may, in cooperation with the
University, construct and occupy a portion of the Hibben Center for
Archaeological Research at the University.
    (b) Grants.--
            (1) In general.--The Secretary may provide to the
        University a grant to pay the Federal share of the construction
        and related costs for the Hibben Center under paragraph (2).
            (2) Federal share.--The Federal share of the construction
        and related costs for the Hibben Center shall be 37 percent.
            (3) Limitation.--Amounts provided under paragraph (1) shall
        not be used to pay any costs to design, construct, and furnish
        the tenant improvements under subsection (c)(2).
    (c) Lease.--
            (1) In general.--Before funds made available under section
        5 may be expended for construction costs under subsection
        (b)(1) or for the costs for tenant improvements under paragraph
        (2), the University shall offer to enter into a long-term lease
        with the United States that--
                    (A) provides to the National Park Service space in
                the Hibben Center for storage, research, and offices;
                and
                    (B) is acceptable to the Secretary.
            (2) Tenant improvements.--The Secretary may design,
        construct, and furnish tenant improvements for, and pay any
        moving costs relating to, the portion of the Hibben Center
        leased to the National Park Service under paragraph (1).
    (d) Cooperative Agreements.--To encourage collaborative management
of the Chacoan archaeological objects associated with northwestern New
Mexico, the Secretary may enter into cooperative agreements with the
University, other units of the National Park System, other Federal
agencies, and Indian tribes for--
            (1) the curation of and conduct of research on artifacts in
        the museum collection described in section 2(4); and
            (2) the development, use, management, and operation of the
        portion of the Hibben Center leased to the National Park
        Service under subsection (c)(1).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated--
            (1) to pay the Federal share of the construction costs
        under section 4(b), $1,574,000; and
            (2) to pay the costs of carrying out section 4(c)(2),
        $2,198,000.
    (b) Availability.--Amounts made available under subsection (a)
shall remain available until expended.
    (c) Reversion.--If the lease described in section 4(c)(1) is not
executed by the date that is 2 years after the date of enactment of
this Act, any amounts made available under subsection (a) shall revert
to the Treasury of the United States.

Output: Hibben Center for Archaeological Research Act of 2002 - Authorizes the Secretary of the Interior to: (1) construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico; (2) provide a grant to the University to pay the Federal share of construction and related costs for the Center; and (3) furnish specified tenant improvements to the portion of the Center leased to the National Park Service (NPS).Requires the University, before funds available under this Act may be expended for construction or tenant improvement costs, to offer to enter into a long-term lease with the United States that: (1) provides to NPS space in the Center for storage, research, and offices; and (2) is acceptable to the Secretary.Authorizes the Secretary, in order to encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, to enter into cooperative agreements with the University, other NPS units, other Federal agencies, and Indian tribes for: (1) the curation and conduct of research on artifacts in the research museum collection and archive at the University; and (2) the development, use, management, and operation of the portion of the Center leased to NPS.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Discretionary Spending Control Act
of 2004''.

SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.

    (a) Discretionary Spending Limits.--(1) Section 251(c)(1) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (relating to
fiscal year 2004) is amended--
            (A) in subparagraph (A), by striking ``$31,834,000,000''
        and inserting ``$28,052,000,000''; and
            (B) in subparagraph (B), by striking ``$1,462,000,000'' and
        inserting ``$1,436,000,000'' and by striking ``$6,629,000,000''
        and inserting ``$6,271,000,000''.
    (2) Section 251(c)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by inserting a dash after ``2005'', by
redesignating the remaining portion of such paragraph as subparagraph
(D) and by moving it two ems to the right, and by inserting after the
dash the following new subparagraphs:
                    ``(A) for the general purpose discretionary
                category: $817,726,000,000 in new budget authority and
                $866,056,000,000 in outlays;
                    ``(B) for the highway category: $30,585,000,000 in
                outlays; and
                    ``(C) for the mass transit category: $1,554,000,000
                in new budget authority and $6,787,000,000 in outlays;
                and''.
    (3) Section 251(c)(3) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by inserting a dash after ``2006'', by
redesignating the remaining portion of such paragraph as subparagraph
(D) and by moving it two ems to the right, and by inserting after the
dash the following new subparagraphs:
                    ``(A) for the general purpose discretionary
                category: $831,417,000,000 in new budget authority and
                $846,280,000,000 in outlays;
                    ``(B) for the highway category: $33,271,000,000 in
                outlays; and
                    ``(C) for the mass transit category: $1,671,000,000
                in new budget authority and $7,585,000,000 in outlays;
                and''.
    (4) Section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by redesignating paragraphs (4) through
(9) as paragraphs (7) through (12) and inserting after paragraph (3)
the following new paragraphs:
            ``(4) with respect to fiscal year 2007--
                    ``(A) for the highway category: $35,248,000,000 in
                outlays; and
                    ``(B) for the mass transit category: $1,785,000,000
                in new budget authority and $8,110,000,000 in outlays;
            ``(5) with respect to fiscal year 2008--
                    ``(A) for the highway category: $36,587,000,000 in
                outlays; and
                    ``(B) for the mass transit category: $1,890,000,000
                in new budget authority and $8,517,000,000 in outlays;
                and
            ``(6) with respect to fiscal year 2009--
                    ``(A) for the highway category: $37,682,000,000 in
                outlays; and
                    ``(B) for the mass transit category: $2,017,000,000
                in new budget authority and $8,968,000,000 in
                outlays;''.
    (b) Definitions.--Section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
            (1) in subparagraph (B), by--
                    (A) striking ``the Transportation Equity Act for
                the 21st Century and the Surface Transportation
                Extension Act of 2003'' and inserting ``the
                Transportation Equity Act: A Legacy for Users''; and
                    (B) inserting before the period at the end the
                following new clauses:
                    ``(v) 69-8158-0-7-401 (Motor Carrier Safety
                Grants).
                    ``(vi) 69-8159-0-7-401 (Motor Carrier Safety
                Operations and Programs).'';
            (2) in subparagraph (C), by--
                    (A) inserting ``(and successor accounts)'' after
                ``budget accounts''; and
                    (B) striking ``the Transportation Equity Act for
                the 21st Century and the Surface Transportation
                Extension Act of 2003 or for which appropriations are
                provided pursuant to authorizations contained in those
                Acts (except that appropriations provided pursuant to
                section 5338(h) of title 49, United States Code, as
                amended by the Transportation Equity Act for the 21st
                Century, shall not be included in this category)'' and
                inserting ``the Transportation Equity Act: A Legacy for
                Users or for which appropriations are provided pursuant
                to authorizations contained in that Act''; and
            (3) in subparagraph (D)(ii), by striking ``section 8103 of
        the Transportation Equity Act for the 21st Century'' and
        inserting ``section 8103 of the Transportation Equity Act: A
        Legacy for Users''.

SEC. 3. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES.

    Subparagraphs (B) through (E) of section 251(b)(1) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are amended to read as
follows:
                    ``(B) Adjustment to align highway spending with
                revenues.--(i) When the President submits the budget
                under section 1105 of title 31, United States Code, OMB
                shall calculate and the budget shall make adjustments
                to the highway category for the budget year and each
                outyear as provided in clause (ii)(I)(cc).
                    ``(ii)(I)(aa) OMB shall take the actual level of
                highway receipts for the year before the current year
                and subtract the sum of the estimated level of highway
                receipts in subclause (II) plus any amount previously
                calculated under item (bb) for that year.
                    ``(bb) OMB shall take the current estimate of
                highway receipts for the current year and subtract the
                estimated level of receipts for that year.
                    ``(cc) OMB shall add one-half of the sum of the
                amount calculated under items (aa) and (bb) to the
                obligation limitations set forth in the section 8103 of
                the Transportation Equity Act: A Legacy for Users and,
                using current estimates, calculate the outlay change
                resulting from the change in obligations for the budget
                year and the first outyear and the outlays flowing
                therefrom through subsequent fiscal years. After making
                the calculations under the preceding sentence, OMB
                shall adjust the amount of obligations set forth in
                that section for the budget year and the first outyear
                by adding one-half of the sum of the amount calculated
                under items (aa) and (bb) to each such year.
                    ``(II) The estimated level of highway receipts for
                the purposes of this clause are--
                            ``(aa) for fiscal year 2004,
                        $30,572,000,000;
                            ``(bb) for fiscal year 2005,
                        $34,260,000,000;
                            ``(cc) for fiscal year 2006,
                        $35,586,000,000;
                            ``(dd) for fiscal year 2007,
                        $36,570,000,000;
                            ``(ee) for fiscal year 2008,
                        $37,603,000,000; and
                            ``(ff) for fiscal year 2009,
                        $38,651,000,000.
                    ``(III) In this clause, the term `highway receipts'
                means the governmental receipts credited to the highway
                account of the Highway Trust Fund.
            ``(C) In addition to the adjustment required by
        subparagraph (B), when the President submits the budget under
        section 1105 of title 31, United States Code, for fiscal year
        2006, 2007, 2008, or 2009, OMB shall calculate and the budget
        shall include for the budget year and each outyear an
        adjustment to the limits on outlays for the highway category
        and the mass transit category equal to--
                    ``(i) the outlays for the applicable category
                calculated assuming obligation levels consistent with
                the estimates prepared pursuant to subparagraph (D), as
                adjusted, using current technical assumptions; minus
                    ``(ii) the outlays for the applicable category set
                forth in the subparagraph (D) estimates, as adjusted.
            ``(D)(i) When OMB and CBO submit their final sequester
        report for fiscal year 2004, that report shall include an
        estimate of the outlays for each of the categories that would
        result in fiscal years 2005 through 2009 from obligations at
        the levels specified in section 8103 of the Transportation
        Equity Act: A Legacy for Users using current assumptions.
            ``(ii) When the President submits the budget under section
        1105 of title 31, United States Code, for fiscal year 2006,
        2007, 2008, or 2009, OMB shall adjust the estimates made in
        clause (i) by the adjustments by subparagraphs (B) and (C).
            ``(E) OMB shall consult with the Committees on the Budget
        and include a report on adjustments under subparagraphs (B) and
        (C) in the preview report.''.

SEC. 4. LEVEL OF OBLIGATION LIMITATIONS.

    (a) Highway Category.--For the purposes of section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the level of
obligation limitations for the highway category is--
            (1) for fiscal year 2004, $34,309,000,000;
            (2) for fiscal year 2005, $35,671,000,000;
            (3) for fiscal year 2006, $36,719,000,000;
            (4) for fiscal year 2007, $37,800,000,000;
            (5) for fiscal year 2008, $38,913,000,000; and
            (6) for fiscal year 2009, $40,061,000,000.
    (b) Mass Transit Category.--For the purposes of section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985, the
level of obligation limitations for the mass transit category is--
            (1) for fiscal year 2004, $7,266,000,000;
            (2) for fiscal year 2005, $7,750,000,000;
            (3) for fiscal year 2006, $8,266,000,000;
            (4) for fiscal year 2007, $8,816,000,000;
            (5) for fiscal year 2008, $9,403,000,000; and
            (6) for fiscal year 2009, $10,029,000,000.
For purposes of this subsection, the term ``obligation limitations''
means the sum of budget authority and obligation limitations.

SEC. 5. ADVANCE APPROPRIATIONS.

    Section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by adding at the end the following new
subsection:
    ``(d) Advance Appropriations.--In any of fiscal years 2005 through
2007, discretionary advance appropriations provided in appropriation
Acts in excess of $23,558,000,000 shall be counted against the
discretionary spending limits for the fiscal year for which the
appropriation Act containing the advance appropriation is enacted.''.

SEC. 6. DEFINITIONS.

    (a) In General.--Section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by adding at the end
the following new paragraphs:
            ``(20) The term `advance appropriation' means
        appropriations that first become available one fiscal year or
        more beyond the fiscal year for which an appropriation Act
        making such funds available is enacted.
            ``(21)(A) Except as provided by subparagraph (B), the term
        `emergency requirement' means any provision that provides new
        budget authority and resulting outlays for a situation that
        poses a threat to life, property, or national security and is--
                    ``(i) sudden, quickly coming into being, and not
                building up over time;
                    ``(ii) an urgent, pressing, and compelling need
                requiring immediate action;
                    ``(iii) subject to subparagraph (B), unforeseen,
                unpredictable, and unanticipated; and
                    ``(iv) not permanent, temporary in nature.
            ``(B) An emergency that is part of an aggregate level of
        anticipated emergencies, particularly when normally estimated
        in advance, is not unforeseen.''.
    (b) Fire Suppression; Contingency Operations Related to Global War
on Terrorism.--Section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by adding at the end the
following new subparagraph:
                    ``(I) Fire suppression.--(i) If a bill or joint
                resolution is enacted that provides new budget
                authority for wildland fire suppression for fiscal year
                2005 or fiscal year 2006 that would cause the level of
                total new budget authority for wildland fire
                suppression to exceed the base amount for that fiscal
                year, the adjustment for that fiscal year shall be the
                additional new budget authority provided for such
                purpose and the additional outlays flowing from such
                amounts, but shall not exceed--
                            ``(I) for the Forest Service for fiscal
                        year 2005 or fiscal year 2006 (as applicable),
                        $400,000,000; and
                            ``(II) for the Department of the Interior
                        for fiscal year 2005 or fiscal year 2006 (as
                        applicable), $100,000,000.
                    ``(ii) For this subparagraph, the term ``base
                amount'' refers to the average of the obligations of
                the 10 fiscal years preceding the current year for
                wildfire suppression in the Forest Service and in the
                Department of the Interior, as calculated by OMB, but
                for fiscal year 2005 the base amount is $880,000,000.
                    ``(J) Contingency operations related to global war
                on terrorism.--If, for fiscal year 2005, supplemental
                appropriations for discretionary accounts are enacted
                for contingency operations related to the global war on
                terrorism that, pursuant to this subparagraph, the
                President designates as a contingency operation related
                to the global war on terrorism and the Congress so
                designates in statute, the adjustment shall be the
                total of such appropriations in discretionary accounts
                so designated, but not to exceed $50,000,000,000, and
                the outlays flowing in all fiscal years from such
                appropriations.''.
    (c) Conforming Amendment.--The second sentence of section
250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 is amended to read as follows: ``The general purpose
discretionary category shall consist of accounts designated in the
joint explanatory statement of managers accompanying the conference
report on the Spending Control Act of 2004.''.

SEC. 7. PROJECTIONS UNDER SECTION 257.

    Section 257(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by inserting after paragraph (6) the following
new paragraph:
            ``(7) Emergencies.--New budgetary resources designated
        under section 251(b)(2)(A) or 251(b)(2)(J) shall not be assumed
        beyond the fiscal year for which they have been enacted.''.

SEC. 8. REPORTS.

    Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced
Budget and Emergency Deficit Control Act of 1985 are amended by
striking ``2002'' and inserting ``2006 (or 2009 solely for purposes of
enforcing the discretionary spending limits for the highway and mass
transit categories)''.

SEC. 9. EXPIRATION.

    Section 275(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by striking ``2002'' and inserting ``2006 (or
2009 solely for purposes of enforcing the discretionary spending limits
for the highway and mass transit categories)''.

Output:
Discretionary Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to: (1) revise for FY 2004 discretionary spending limits (spending caps) for the highway and mass transit categories; (2) set forth for FY 2005 and 2006 new budget authority and outlays for the general purpose discretionary category, outlays for the highway category and new budget authority and outlays for the mass transit category; and (3) set forth for FY 2007 through 2009 outlays for the highway category and new budget authority and outlays for the mass transit category.

Revises the requirement that the Office of Management and Budget (OMB) make adjustments to the highway category to conform to estimated levels of highway receipts.

Sets forth the level of obligation limitations (sum of budget authority and obligation limitations) for the highway and mass transit categories for FY 2004 through 2009.

Provides that, in any of FY 2005 through 2006, discretionary advance appropriations provided in appropriation Acts in excess of $23,558 billion shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted.

Provides, under specified conditions, for additional new budget authority in FY 2005 or 2005 for fire suppression and for an adjustment in the discretionary spending limit for FY 2005 for supplemental appropriations for the global war on terrorism.

Requires the estimates set forth in the discretionary sequestration preview and final reports issued by OMB and the Congressional Budget Office (CBO) to include the current year and each subsequent year through FY 2006 (or FY 2009 solely to enforce the discretionary spending limits for the highway and mass transit categories).

Extends certain budget enforcement requirements through FY 2006 (or 2009 for enforcing the spending caps for the highway and mass transit categories).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Occupational Safety and Health-
Fairness Act of 2003''.

SEC. 2. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH
              ACT.

    (a) Citation.--The second sentence of section 10(a) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 659(a)) is
amended by inserting ``(unless such failure results from mistake,
inadvertence, surprise, or excusable neglect)'' after ``assessment of
penalty''.
    (b) Failure to Correct.--The second sentence of section 10(b) of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(b)) is
amended by inserting ``(unless such failure results from mistake,
inadvertence, surprise, or excusable neglect)'' after ``assessment of
penalty''.

SEC. 3. WILLFUL VIOLATIONS.

    Section 17(a) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 666(a)) is amended by inserting at the end, ``A violation is
willful only if the employer (1) knew that the alleged condition
violated a standard, rule, order or regulation and, without a good
faith belief in the legality in its conduct, knowingly disregarded the
requirement of the standard, rule, order, or regulation, or (2) knew
that employees were, or that it was reasonably predictable that
employees would be, exposed to a hazard causing or likely to cause
death or serious physical injury and recklessly disregarded the
exposure of employees to that hazard.''.

SEC. 4. FAIRNESS OF PENALTY ASSESSMENT

    Section 17(j) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 666(j)) is amended--
            (1) by inserting the words, ``and de novo'' after the word
        ``due''; and
            (2) striking all after the word ``consideration'' and
        inserting in lieu thereof: ``to the evidence of the
        appropriateness of the penalty with respect to at least the
        following factors:
            ``(1) the size and financial condition of the business of
        the employer;
            ``(2) the gravity of the violation, considering the
        probability of harm, the nature and extent of the harm, the
        number of affected employees, and other relevant factors;
            ``(3) the good faith of the employer, including the
        employer's good faith efforts to comply or abate;
            ``(4) the history and recentness of substantially similar
        previous violations of the cited employer at the same
        nonconstruction worksite and at construction worksites within
        the same State; and
            ``(5) the degree of responsibility or culpability for the
        violation of the employer, the employees, and/or other
        persons.''.

SEC. 5. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.

    (a) Amendments.--Section 12 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 661) is amended as follows:
            (1) In subsection (a), by striking the word ``three'' and
        inserting in lieu thereof, the word ``five;'' and inserting
        before the word ``training'' the word ``legal''.
            (2) In subsection (b) by striking all after the words
        ``except that'' and inserting in lieu thereof, ``the President
        may extend the term of a member to allow a continuation in
        service at the pleasure of the President after the expiration
        of that member's term until a successor nominated by the
        President has been confirmed to serve. Any vacancy caused by
        the death, resignation, or removal of a member before the
        expiration of a term, for which he or she was appointed shall
        be filled only for the remainder of such expired term. A member
        of the Commission may be removed by the President for
        inefficiency, neglect of duty, or malfeasance in office.
            (3) Subsection (f) is amended to read as follows:
    ``(f) The Chairman of the Commission is authorized to delegate to
any panel of three or more members any or all of the powers of the
Commission. For the purpose of carrying out its functions under this
chapter, 3 members of the Commission shall constitute a quorum, except
that 2 members shall constitute a quorum for any sub-panel designated
by the Chairman under this subsection.''.
    (b) New Positions.--Of the two vacancies for membership on the
Commission created by this section, one shall be filled by the
President for a term expiring on April 27, 2006, and the other shall be
filled by the President for a term expiring on April 27, 2008.

SEC. 6. AWARD OF ATTORNEY'S FEES AND COSTS.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 and
following) is amended by redesignating section 32 through 34 as 33
through 35 and inserting the following new section after section 31:

``SEC. 32. AWARD OF ATTORNEYS' FEES AND COSTS.

    ``(a) Administrative Proceedings.--An employer who--
            ``(1) is the prevailing party in any adversary adjudication
        instituted under this Act, and
            ``(2) had not more than 100 employees and a net worth of
        not more than $1,500,000 at the time of the adversary
        adjudication was initiated,
shall be awarded fees and other expenses as a prevailing party under
section 504 of title 5, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the Secretary was substantially justified or special circumstances
make an award unjust. For purposes of this section the term `adversary
adjudication' has the meaning given that term in section 504(b)(1)(C)
of title 5, United States Code.
    ``(b) Proceedings.-- An employer who--
            ``(1) is the prevailing party in any proceeding for
        judicial review of any action instituted under this Act, and
            ``(2) had not more than 100 employees and a net worth of
        not more than $1,500,000 at the time the action addressed under
        subsection (1) was filed,
shall be awarded fees and other expenses as a prevailing party under
section 2412(d) of title 28, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the United States was substantially justified or special
circumstances make an award unjust. Any appeal of a determination of
fees pursuant to subsection (a) of this subsection shall be determined
without regard to whether the position of the United States was
substantially justified or special circumstances make an award unjust.
    ``(c) Applicability.--
            ``(1) Commission proceedings.--Subsection (a) of this
        section applies to proceedings commenced on or after the date
        of enactment of this Act.
            ``(2) Court proceedings.--Subsection (b) of this section
        applies to proceedings for judicial review commenced on or
        after the date of enactment of this Act.''.

SEC. 7. INDEPENDENT REVIEW.

    Section 11(a) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 660) is amended by adding the following at the end thereof:
``The conclusions of the Commission with respect to all questions of
law shall be given deference if reasonable.''.

Output: Occupational Safety and Health Fairness Act of 2003 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise requirements relating to enforcing, contesting, reviewing, and adjudicating citations, failures to correct violations, and assessments of penalties.Exempts employers from a 15-day deadline for notifying the Secretary of Labor of their intent to contest OSHA citations, notices of uncorrected violations, and proposed penalties, if their failure to meet such deadline results from mistake, inadvertence, surprise, or excusable neglect.Limits what may be considered willful violations under OSHA.Requires the Occupational Safety and Health Review Commission (OSHRC) to give de novo consideration to evidence of the penalty's appropriateness with respect to these factors: (1) size and financial condition of the business of the employer; (2) gravity of the violation, considering probability of harm, nature and extent of the harm, number of affected employees, and other relevant factors; (3) employer's good faith, including efforts to comply or abate; (4) history and recentness of substantially similar previous violations of the cited employer at the same nonconstruction worksite and construction worksites in the same State; and (5) the employer's, employees', or other persons' degree of responsibility or culpability for the violation.Increases OSHRC membership from three to five.Awards attorney's fees and costs to a prevailing employer in an administrative adversary adjudication, or a judicial review of an action, instituted under OSHA, if at the time such adjudication was initiated or such action filed the employer had not more than: (1) 100 employees; and (2) $1,500,000 net worth.Revises judicial review provisions to require deference to be given to reasonable OSHRC conclusions with respect to all questions of law.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Volunteerism
Enhancement Act of 2005''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The tragic events of September 11, 2001 demonstrated
        the need for citizen preparedness to prevent and respond to
        acts of terrorism.
            (2) The people of the United States responded to the tragic
        events of September 11, 2001 with courage and compassion as
        well as a renewed commitment and desire to help others.
            (3) The changing threat and issues that face the Nation
        call for the mobilization and effective use of citizenry in
        times of need.
            (4) Existing volunteer organizations, including the Coast
        Guard Auxiliary, have been very successful in providing a wide
        range of administrative and operational opportunities for
        citizen participation.
    (b) Purpose.--The purpose of this Act is to authorize the Secretary
of Homeland Security to recruit and use volunteers to support homeland
security efforts.

SEC. 3. CITIZEN CORPS; BORDER CORPS.

    (a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following:

``SEC. 890A. CITIZEN CORPS.

    ``(a) Establishment.--The Secretary shall establish, as a component
of the USA Freedom Corps established by Executive Order 13254, a
program to be known as the `Citizen Corps' to coordinate homeland
security volunteer activities.
    ``(b) Office of State and Local Government Coordination and
Preparedness.--The Citizen Corps shall be headed by the Director of the
Office of State and Local Government Coordination and Preparedness.
    ``(c) Volunteer Authority.--As part of the Citizen Corps
established in subsection (a), the Secretary may recruit, train, and
accept the services of volunteers notwithstanding section 1342 of title
31, United States Code.

``SEC. 890B. BORDER CORPS.

    ``(a) Establishment.--The Secretary shall establish a Border Corps,
to be administered by the Commissioner of the Bureau of Customs and
Border Protection. The Border Corps shall be an organization under the
Citizen Corps. The Secretary shall recruit, train, and accept for
enrollment the members of the Border Corps.
    ``(b) Volunteers.--Members of the Border Corps shall be volunteers
who agree to contribute services without compensation. Section 1342 of
title 31, United States Code, shall not apply to the acceptance of
voluntary services by members of the Border Corps.
    ``(c) Duties.--
            ``(1) In general.--The Border Corps shall assist the United
        States Border Patrol in carrying out its mission, to the extent
        authorized by the Secretary.
            ``(2) Focus.--Members of the Border Corps shall be assigned
        duties primarily in the areas of surveillance (responding to
        electronic sensor alarms and aircraft sightings, manning remote
        video surveillance camera systems), communications (using
        radio, cellular, and satellite communications equipment to
        assist Border Patrol agents in rapid response), transportation,
        and administrative support.
            ``(3) Additional duties.--Members of the Border Corps may
        also assist the Border Patrol in the following areas of United
        States Border Patrol operations:
                    ``(A) Line watch operations to prevent illegal
                entry and smuggling.
                    ``(B) Signcutting operations to detect and
                interpret disturbances in natural terrain conditions
                that indicate the presence or passage of people,
                animals, or vehicles.
                    ``(C) Traffic checkpoints to detect aliens
                unlawfully traveling into the interior of the United
                States and to detect illegal narcotics.
                    ``(D) Air operations.
                    ``(E) Marine patrol.
                    ``(F) Horse and bike patrol.
    ``(d) Status.--
            ``(1) Not federal employees.--Except as otherwise provided
        in this subsection, a volunteer shall not be deemed a Federal
        employee and shall not be subject to the provisions of law
        relating to Federal employment, including those provisions
        relating to hours of work, rates of compensation, leave,
        unemployment compensation, and Federal employee benefits.
            ``(2) Exceptions.--A member of the Border Corps while
        assigned to duty shall be deemed to be a Federal employee only
        for the following purposes:
                    ``(A) Chapter 26 of title 28, United States Code.
                    ``(B) Subchapter I of chapter 81 of title 5, United
                States Code.
                    ``(C) Claims relating to damage to, or loss of,
                personal property of a volunteer incident to volunteer
                service, in which case the provisions of section 3721
                of title 31, United States Code, shall apply.
            ``(3) Standards.--Nothing in this subsection shall
        constrain the Secretary from prescribing standards for the
        conduct and behavior of members of the Border Corps.
    ``(e) Eligibility.--
            ``(1) In general.--All citizens and legal permanent
        residents of the United States over 18 years of age shall be
        eligible to serve in the Border Corps.
            ``(2) Background check.--All volunteers must undergo a
        background check in accordance with procedures established by
        the Secretary.
    ``(f) Training.--The Secretary shall create a training and
certification program for Border Corps volunteers in accordance with
the specific tasks and functions in which they participate.
    ``(g) Travel Expenses.--When any member of the Border Corps is
assigned to such duty the member may, pursuant to regulations issued by
the Secretary, be paid actual necessary traveling expenses, including a
per diem allowance in lieu of subsistence in conformity with
standardized Federal Government travel regulations, while traveling and
while on duty away from home. No per diem shall be paid for any period
during which quarters and subsistence in kind are furnished by the
Federal Government.
    ``(h) Disenrollment.--Members of the Border Corps may be
disenrolled at any time, with or without cause, by the Secretary or the
member.
    ``(i) Border Patrol Staffing.--
            ``(1) In general.--In accepting the services of individuals
        as volunteers through the Border Corps program, the Secretary
        shall not permit the use of volunteers to displace any
        employee.
            ``(2) Authorization for increase in border patrol agents.--
        The Secretary shall increase the number of full-time active-
        duty Border Patrol agents in accordance with section 5202 of
        the Intelligence Reform and Terrorism Prevention Act of 2004
        (Public Law 108-458; 118 Stat. 3734).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding after the item relating to section 890
the following:

``Sec. 890A. Citizen corps.
``Sec. 890B. Border corps.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Citizen Corps.--There are authorized to be appropriated to
carry out section 890A of the Homeland Security Act of 2002, as added
by section 3 of this Act, $50,000,000 for each of fiscal years 2007
through 2012.
    (b) Border Corps.--There are authorized to be appropriated to carry
out section 890B of the Homeland Security Act of 2002, as added by
section 3 of this Act, $20,000,000 for each of fiscal years 2007
through 2012.

Output: Homeland Security Volunteerism Enhancement Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a Citizens Corps, as a component of the USA Freedom Corps, to coordinate homeland security volunteer activities; and (2) a Border Corps as a volunteer organization to assist the U.S. Border Patrol in carrying out its mission.