SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Safety Enhancement Act of 2008''. SEC. 2. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE. Section 106 of title 49, United States Code, is amended by adding at the end the following: ``(s) Aviation Safety Whistleblower Investigation Office.-- ``(1) Establishment.--There is established in the Federal Aviation Administration (in this section referred to as the `Agency') an Aviation Safety Whistleblower Investigation Office (in this subsection referred to as the `Office'). ``(2) Director.-- ``(A) Appointment.--The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation. ``(B) Qualifications.--The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation. ``(C) Term.--The Director shall be appointed for a term of 5 years. ``(D) Vacancy.--Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual's predecessor was appointed shall be appointed for the remainder of that term. ``(3) Complaints and investigations.-- ``(A) Authority of director.--The Director shall-- ``(i) receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations, and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety; ``(ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred; and ``(iii) based on findings of the assessment conducted under clause (ii), make recommendations to the Administrator in writing for further investigation or corrective actions. ``(B) Disclosure of identities.--The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless-- ``(i) the individual consents to the disclosure in writing; or ``(ii) the Director determines, in the course of an investigation, that the disclosure is unavoidable. ``(C) Independence of director.--The Secretary, the Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted subparagraph (A)(i) or from reporting to Congress on any such assessment. ``(D) Access to information.--In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other material necessary to determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred. ``(4) Responses to recommendations.--The Administrator shall respond to a recommendation made by the Director under subparagraph (A)(iii) in writing and retain records related to any further investigations or corrective actions taken in response to the recommendation. ``(5) Incident reports.--If the Director determines there is a substantial likelihood that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred that requires immediate corrective action, the Director shall report the potential violation expeditiously to the Administrator and the Inspector General of the Department of Transportation. ``(6) Reporting of criminal violations to inspector general.--If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General. ``(7) Annual reports to congress.--Not later than October 1 of each year, the Director shall submit to Congress a report containing-- ``(A) information on the number of submissions of complaints and information received by the Director under paragraph (3)(A)(i) in the preceding 12-month period; ``(B) summaries of those submissions; ``(C) summaries of further investigations and corrective actions recommended in response to the submissions; and ``(D) summaries of the responses of the Administrator to such recommendations.''. SEC. 3. MODIFICATION OF CUSTOMER SERVICE INITIATIVE. (a) Findings.--Congress finds the following: (1) Subsections (a) and (d) of section 40101 of title 49, United States Code, directs the Federal Aviation Administration (in this section referred to as the ``Agency)'') to make safety its highest priority. (2) In 1996, to ensure that there would be no appearance of a conflict of interest for the Agency in carrying out its safety responsibilities, Congress amended section 40101(d) of such title to remove the responsibilities of the Agency to promote airlines. (3) Despite these directives from Congress regarding the priority of safety, the Agency issued a vision statement in which it stated that it has a ``vision'' of ``being responsive to our customers and accountable to the public'' and, in 2003, issued a customer service initiative that required aviation inspectors to treat air carriers and other aviation certificate holders as ``customers'' rather than regulated entities. (4) The initiatives described in paragraph (3) appear to have given regulated entities and Agency inspectors the impression that the management of the Agency gives an unduly high priority to the satisfaction of regulated entities regarding its inspection and certification decisions and other lawful actions of its safety inspectors. (5) As a result of the emphasis on customer satisfaction, some managers of the Agency have discouraged vigorous enforcement and replaced inspectors whose lawful actions adversely affected an air carrier. (b) Modification of Initiative.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall modify the customer service initiative, mission and vision statements, and other statements of policy of the Agency-- (1) to remove any reference to air carriers or other entities regulated by the Agency as ``customers''; (2) to clarify that in regulating safety the only customers of the Agency are individuals traveling on aircraft; and (3) to clarify that air carriers and other entities regulated by the Agency do not have the right to select the employees of the Agency who will inspect their operations. (c) Safety Priority.--In carrying out the Administrator's responsibilities, the Administrator shall ensure that safety is given a higher priority than preventing the dissatisfaction of an air carrier or other entity regulated by the Agency with an employee of the Agency. SEC. 4. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS. (a) In General.--Section 44711 of title 49, United States Code, is amended by adding at the end the following: ``(d) Post-Employment Restrictions for Flight Standards Inspectors.-- ``(1) Prohibition.--A person holding an operating certificate issued under title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement which permits, an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration (in this subsection referred to as the `Agency') if the individual, in the preceding 2-year period-- ``(A) served as, or was responsible for oversight of, a flight standards inspector of the Agency; and ``(B) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. ``(2) Written and oral communications.--For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Agency if the individual makes any written or oral communication on behalf of the certificate holder to the Agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a flight standards inspector of the Agency.''. (b) Applicability.--The amendment made by subsection (a) shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act. SEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS. (a) In General.--An individual serving as a principal supervisory inspector of the Federal Aviation Administration (in this section referred to as the ``Agency)'' may not be responsible for overseeing the operations of a single air carrier for a continuous period of more than 5 years. (b) Transitional Provision.--An individual serving as a principal supervisory inspector of the Agency with respect to an air carrier as of the date of enactment of this Act may be responsible for overseeing the operations of the carrier until the last day of the 5-year period specified in subsection (a) or last day of the 2-year period beginning on such date of enactment, whichever is later. (c) Issuance of Order.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order to carry out this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this section. SEC. 6. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE. (a) Reviews.--The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight system database of the Federal Aviation Administration (in this section referred to as the ``Agency'') is reviewed by a team of employees of the Agency on a monthly basis to ensure that-- (1) any trends in regulatory compliance are identified; and (2) appropriate corrective actions are taken in accordance with Agency regulations, advisory directives, policies, and procedures. (b) Monthly Team Reports.-- (1) In general.--The team of employees conducting a monthly review of the air transportation oversight system database under subsection (a) shall submit to the Administrator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards a report on the results of the review. (2) Contents.--A report submitted under paragraph (1) shall identify-- (A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and (B) any corrective actions taken or proposed to be taken in response to the trends. (c) Quarterly Reports to Congress.--The Administrator, on a quarterly basis, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of reviews of the air transportation oversight system database conducted under this section, including copies of reports received under subsection (b). Passed the House of Representatives July 22, 2008. Attest: LORRAINE C. MILLER, Clerk.

Summary: Aviation Safety Enhancement Act of 2008 - Establishes in the Federal Aviation Administration (FAA) an Aviation Safety Whistleblower Investigation Office, with a Director appointed by the Secretary of Transportation, which shall receive and assess complaints and information relating to possible violations of aviation safety laws and regulations. Directs the FAA Administrator to modify the FAA customer service initiative, mission and vision, and other policy statements to: (1) remove any reference to air carriers or other entities regulated by the FAA as "customers"; (2) state that in regulating safety the only FAA customers are individuals traveling on aircraft; and (3) state that air carriers and other entities regulated by the FAA do not have the right to select the FAA employees who will inspect their operations. Prohibits any person holding an air carrier operating certificate from knowingly employing, or contracting with, an individual to act as an agent or representative of the certificate holder in any matter before the FAA if, in the preceding two-year period, the individual: (1) served as, or was responsible for oversight of, an FAA flight standards inspector; and (2) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder. Prohibits any individual serving as a principal supervisory inspector of the FAA from being responsible for overseeing the operations of a single air carrier for a continuous period of more than five years. Authorizes appropriations. Directs the FAA Administrator to establish a process by which the FAA air transportation oversight system database is reviewed by a team of FAA employees on a monthly basis to ensure that: (1) any trends in regulatory compliance are identified; and (2) appropriate corrective actions are taken.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officer Medal of Valor Act of 1998''. SEC. 2. AUTHORIZATION OF MEDAL. The President may award, and present in the name of Congress, a Medal of Valor of appropriate design, with ribbons and appurtenances, to a public safety officer who is cited by the Attorney General, on the advice of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. SEC. 3. BOARD. (a) Board.--There is established a permanent Medal of Valor Review Board (hereinafter in this Act referred to as the ``Board''). The Board shall-- (1) be composed of 11 members appointed in accordance with subsection (b); and (2) conduct its business in accordance with this Act. (b) Membership.-- (1) In general.--The members of the Board shall be appointed as follows: (A) Two shall be appointed by the Speaker of the House of Representatives. (B) Two shall be appointed by the minority leader of the House of Representatives. (C) Two shall be appointed by the Majority Leader of the Senate. (D) Two shall be appointed by the Minority Leader of the Senate. (E) Three shall be appointed by the President, one of whom shall have substantial experience in firefighting, one of whom shall have substantial experience in law enforcement, and one of whom shall have substantial experience in emergency services. (2) Persons eligible.--The members of the Board shall be individuals who have knowledge or expertise, whether by experience or training, in the field of public safety. (3) Term.--The term of a Board member is 4 years. (4) Vacancies.--Any vacancy in the membership of the Board shall not affect the powers of the Board and shall be filled in the same manner as the original appointment. (5) Operation of the board.-- (A) Meetings.--The Board shall meet at the call of the Chairman and not less than twice each year. The initial meeting of the Board shall be conducted not later than 30 days after the appointment of the last member of the Board. (B) Quorum; voting; rules.--A majority of the members of the Board shall constitute a quorum to conduct business, but the Board may establish a lesser quorum for conducting hearings scheduled by the Board. The Board may establish by majority vote any other rules for the conduct of the Board's business, if such rules are not inconsistent with this Act or other applicable law. (c) Duties.--The Board shall select candidates as recipients of the Medal of Valor from among those applications received by the National Medal Office. Not more often than once each year, the Board shall present to the Attorney General the name or names of those it recommends as Medal of Valor recipients. In a given year, the Board is not required to choose any names, but is limited to a maximum number of 6 recipients. The Board shall set an annual timetable for fulfilling its duties under this Act. (d) Hearings.-- (1) In general.--The Board may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Board considers advisable to carry out its duties. (2) Witness expenses.--Witnesses requested to appear before the Board may be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Board. (e) Information From Federal Agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out its duties. Upon the request of the Board, the head of such department or agency may furnish such information to the Board. (f) Information To Be Kept Confidential.--The Board shall not disclose any information which may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential. SEC. 4. BOARD PERSONNEL MATTERS. (a) Compensation of Members.--(1) Except as provided in paragraph (2), each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. (2) All members of the Board who serve as officers or employees of the United States, a State, or a local government, shall serve without compensation in addition to that received for those services. (b) Travel Expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) Public safety officer.--The term ``Public Safety Officer'' has the same meaning given that term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968. (2) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. SEC. 7. OFFICE. There is established within the Department of Justice a national medal office. The office shall staff the Medal of Valor Review Board and establish criteria and procedures for the submission of recommendations of nominees for the Medal of Valor. SEC. 8. CONFORMING REPEAL. Section 15 of the Federal Fire Prevention and Control Act of 1974 is repealed. SEC. 9. CONSULTATION REQUIREMENT. The Attorney General shall consult with the Institute of Heraldry within the Department of Defense regarding the design and artistry of the Medal of Valor. The Attorney General shall also consider suggestions received by the Department of Justice regarding the design of the medal, including those made by persons not employed by the Department. Passed the House of Representatives September 9, 1998. Attest: ROBIN H. CARLE, Clerk.

Summary: Public Safety Officer Medal of Valor Act of 1998 - Authorizes the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer who is cited by the Attorney General, on the advice of the Medal of Valor Review Board (established by this Act), for extraordinary valor above and beyond the call of duty. Establishes a permanent Medal of Valor Review Board to select candidates as recipients of the Medal from among those applications received by the National Medal Office (established by this Act). Authorizes appropriations. Establishes within the Department of Justice a National Medal Office to staff the Review Board and to establish criteria and procedures for the submission of recommendations of nominees for the Medal. Repeals provisions of the Fire Prevention and Control Act of 1974 establishing the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service. Directs the Attorney General to: (1) consult with the Institute of Heraldry within the Department of Defense regarding the design and artistry of the Medal of Valor; and (2) consider suggestions received by the Department of Justice regarding the design of the medal, including those made by persons not employed by the Department.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiboycott Act''. SEC. 2. ANTIBOYCOTT PROVISIONS. (a) Findings.--The Congress finds that-- (1) the Arab League boycott of Israel, and the secondary boycott of United States firms that have commercial ties with Israel, are an impediment to investment, trade, economic development, and peace in the Middle East and North Africa; (2) it is in the common interest of the people of Israel and the Arab states that the Arab League boycott be terminated, that the Central Office for the Boycott of Israel be closed, and that Arab League states normalize relations with their neighbor Israel; and (3) the President, the Secretary of State, and the Secretary of Commerce should continue to vigorously oppose the Arab League boycott of Israel and use the authorities enacted into law by Congress to take concrete steps to seek an end to the Arab League boycott. (b) Policy.--It is the policy of the United States-- (1) to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any United States person; (2) to encourage and, in specified cases, require United States persons engaged in the export of goods or technology or other information to refuse to take actions, including furnishing information or entering into or implementing agreements, which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against a country friendly to the United States or against any United States person; and (3) to foster international cooperation and the development of international rules and institutions to assure reasonable access to world supplies. (c) Prohibitions and Exceptions.-- (1) Prohibitions.--In order to carry out the purposes set forth in subsection (b), the Secretary of Commerce (in this Act referred to as the ``Secretary'') shall issue regulations prohibiting any United States person, with respect to that person's activities in the interstate or foreign commerce of the United States, from taking or knowingly agreeing to take any of the following actions with intent to comply with, further, or support any boycott fostered or imposed by a foreign country against a country that is friendly to the United States and is not itself the object of any form of boycott pursuant to United States law or regulation: (A) Refusing, or requiring any other person to refuse, to do business with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, pursuant to an agreement with, or requirement of, or a request from or on behalf of the boycotting country. The mere absence of a business relationship with or in the boycotted country with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, does not indicate the existence of the intent required to establish a violation of regulations issued to carry out this subparagraph. (B) Refusing, or requiring any other person to refuse, to employ or otherwise discriminate against any United States person on the basis of the race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person. (C) Furnishing information with respect to the race, religion, sex, or national origin of any United States person or of any owner, officer, director, or employee of such person. (D) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person which is known or believed to be restricted from having any business relationship with or in the boycotting country. Nothing in this subparagraph shall prohibit the furnishing of normal business information in a commercial context as defined by the Secretary. (E) Furnishing information about whether any person is a member of, has made a contribution to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization that supports the boycotted country. (F) Paying, honoring, confirming, or otherwise implementing a letter of credit that contains any condition or requirement the compliance with which is prohibited by regulations issued pursuant to this paragraph, and no United States person shall, as a result of the application of this paragraph, be obligated to pay or otherwise honor or implement such letter of credit. (2) Exceptions.--Regulations issued pursuant to paragraph (1) may provide exceptions for-- (A) compliance, or agreement to comply, with requirements-- (i) prohibiting the import of items from the boycotted country or items produced or provided, by any business concern organized under the laws of the boycotted country or by nationals or residents of the boycotted country; or (ii) prohibiting the shipment of items to the boycotting country on a carrier of the boycotted country or by a route other than that prescribed by the boycotting country or the recipient of the shipment; (B) compliance, or agreement to comply, with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment, or the name of the provider of other services, except that, for purposes of applying any exception under this subparagraph, no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipment as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation; (C) compliance, or agreement to comply, in the normal course of business with the unilateral and specific selection by a boycotting country, or a national or resident thereof, of carriers, insurers, suppliers of services to be performed within the boycotting country, or specific items which, in the normal course of business, are identifiable by source when imported into the boycotting country; (D) compliance, or agreement to comply, with export requirements of the boycotting country relating to shipment or transshipment of exports to the boycotted country, to any business concern of or organized under the laws of the boycotted country, or to any national or resident of the boycotted country; (E) compliance by an individual, or agreement by an individual to comply, with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and (F) compliance by a United States person resident in a foreign country, or agreement by such a person to comply, with the laws of the country with respect to the person's activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of the foreign country governing imports into such country of trademarked, trade-named, or similarly specifically identifiable products, or components of products for such person's own use, including the performance of contractual services within that country. (3) Limitation on exceptions.--Regulations issued pursuant to paragraphs (2)(C) and (2)(F) shall not provide exceptions from paragraphs (1)(B) and (1)(C). (4) Antitrust and civil rights laws not affected.--Nothing in this subsection may be construed to supersede or limit the operation of the antitrust or civil rights laws of the United States. (5) Evasion.--This section applies to any transaction or activity undertaken by or through a United States person or any other person with intent to evade the provisions of this section or the regulations issued pursuant to this subsection. The regulations issued pursuant to this section shall expressly provide that the exceptions set forth in paragraph (2) do not permit activities or agreements (expressed or implied by a course of conduct, including a pattern of responses) otherwise prohibited, which are not within the intent of such exceptions. (d) Reports.-- (1) In general.--Regulations issued under this section shall require that any United States person receiving a request to furnish information, enter into or implement an agreement, or take any other action referred to in subsection (c) shall report that request to the Secretary, together with any other information concerning the request that the Secretary determines appropriate. The person shall also submit to the Secretary a statement regarding whether the person intends to comply, and whether the person has complied, with the request. (2) Public availability of reports.--Any report filed pursuant to this subsection shall be made available promptly for public inspection and copying, except that information regarding the quantity, description, and value of any item to which such report relates may be kept confidential if the Secretary determines that disclosure of that information would place the United States person involved at a competitive disadvantage. (3) Summaries to secretary of state.--The Secretary shall periodically transmit summaries of the information contained in the reports filed pursuant to this subsection to the Secretary of State for such action as the Secretary of State, in consultation with the Secretary, considers appropriate to carry out the purposes set forth in subsection (b). (e) Preemption.--The provisions of this section and the regulations issued under this section shall preempt any law, rule, or regulation that-- (1) is a law, rule, or regulation of any of the several States or the District of Columbia, or any of the territories or possessions of the United States, or of any governmental subdivision thereof; and (2) pertains to participation in, compliance with, implementation of, or the furnishing of information regarding restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries. (f) Penalties.-- (1) Unlawful acts.--It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this section or of any regulation or order issued under this section. (2) Criminal penalty.--A person who, with knowledge or intent, commits, attempts to commit, or conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (c) shall, upon conviction, be fined not more than $1,000,000, or, if a natural person, be imprisoned for not more than 20 years, or both. (3) Civil penalties.-- (A) Authority.--The President may impose the following civil penalties on a person for each violation by that person of this section or any regulation or order issued under this section, for each violation: (i) A fine of not more than $250,000. (ii) A prohibition on the person's ability to export any goods, technology, or services, whether or not a license has been issued previously to authorize such an export. (B) Procedures.--Any civil penalty under this subsection may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of title 5, United States Code, and shall be subject to judicial review in accordance with chapter 7 of such title. (C) Standards for levels of civil penalty.--The President may by regulation provide standards for establishing levels of civil penalty under this paragraph based upon the seriousness of the violation, the culpability of the violator, and the violator's record of cooperation with the Government in disclosing the violation. (g) Annual Report.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the President shall report to the Congress on the implementation and enforcement of this section and on additional steps taken by the United States to bring about the termination of the Arab League boycott of Israel and to encourage Arab League states to normalize their relations with Israel. (h) Definition.--In this section, the term ``United States person''-- (1) means-- (A) any United States resident or national; (B) any domestic concern (including any permanent domestic establishment of any foreign concern); and (C) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern, as determined under regulations of the President; but (2) does not include an individual resident outside the United States who is employed by a person other than a person described in paragraph (1).

Summary: Antiboycott Act - States that: (1) the Arab League boycott of Israel and the secondary boycott of U.S. firms that have commercial ties with Israel are an impediment to economic development and peace in the Middle East and North Africa; and (2) the President, the Secretary of State, and the Secretary of Commerce should seek an end to the Arab League boycott of Israel. Directs the Secretary of Commerce to issue regulations prohibiting, with specified exceptions, any U.S. person from taking specified actions that support any boycott imposed by a foreign country against a country that is friendly to the United States and is not itself the object of any form of boycott pursuant to United States law or regulation. Sets forth criminal and civil penalties for violations of such regulations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Workers' Political Rights Act''. SEC. 2. LIMITATION ON CONTRIBUTIONS AND EXPENDITURES BY LABOR ORGANIZATIONS. (a) Contributions to All Political Committees Included.--Paragraph (2) of section 316(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``political committee,'' after ``campaign committee,''. (b) Applicability of Requirements to Labor Organizations.--Section 316(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)) is amended by adding at the end thereof the following new paragraph: ``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not apply to a labor organization unless the organization meets the requirements of subparagraphs (B), (C), and (D). ``(B) The requirements of this subparagraph are met only if the labor organization provides, at least once annually, to all employees within the labor organization's bargaining unit or units (and to new employees within 30 days after commencement of their employment) written notification presented in a manner to inform any such employee-- ``(i) that an employee cannot be obligated to pay, through union dues or any other mandatory payment to a labor organization, for the political activities of the labor organization, including, but not limited to, the maintenance and operation of, or solicitation of contributions to, a political committee, political communications to members, and voter registration and get-out-the-vote campaigns; ``(ii) that no employee may be required actually to join any labor organization, but if a collective bargaining agreement covering an employee purports to require membership or payment of dues or other fees to a labor organization as a condition of employment, the employee may elect instead to pay an agency fee to the labor organization; ``(iii) that the amount of the agency fee shall be limited to the employee's pro rata share of the cost of the labor organization's exclusive representation services to the employee's collective bargaining unit, including collective bargaining, contract administration, and grievance adjustment; ``(iv) that an employee who elects to be a full member of the labor organization and pay membership dues is entitled to a reduction of those dues by the employee's pro rata share of the total spending by the labor organization for political activities; ``(v) that the cost of the labor organization's exclusive representation services, and the amount of spending by such organization for political activities, shall be computed on the basis of such cost and spending for the immediately preceding fiscal year of such organization; and ``(vi) of the amount of the labor organization's full membership dues, initiation fees, and assessments for the current year; the amount of the reduced membership dues, subtracting the employee's pro rata share of the organization's spending for political activities, for the current year; and the amount of the agency fee for the current year. ``(C) The requirements of this subparagraph are met only if the labor organization provides all represented employees an annual examination by an independent certified public accountant of financial statements supplied by such organization which attests that the expenditures which the union claimed it made for certain expenses were actually made for those expenses. Such examination shall be conducted in accordance with generally accepted auditing standards. ``(D) The requirements of this subparagraph are met only if the labor organization-- ``(i) maintains procedures to promptly determine the costs that may properly be charged to agency fee payors as costs of exclusive representation, and explains such procedures in the written notification required under subparagraph (B); and ``(ii) if any person challenges the costs which may be properly charged as costs of exclusive representation-- ``(I) provides a mutually selected impartial decisionmaker to hear and decide such challenge pursuant to rules of discovery and evidence and subject to de novo review by the National Labor Relations Board or an applicable court; and ``(II) places in escrow amounts reasonably in dispute pending the outcome of the challenge. ``(E)(i) A labor organization that does not satisfy the requirements of subparagraphs (B), (C), and (D) shall finance any expenditures specified in subparagraphs (A), (B), or (C) of paragraph (2) only with funds legally collected under this Act for its separate segregated fund. ``(ii) For purposes of this paragraph, subparagraph (A) of paragraph (2) shall apply only with respect to communications expressly advocating the election or defeat of any clearly identified candidate for elective public office.''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall apply to contributions and expenditures made after the date of the enactment of this Act.

Summary: Workers' Political Rights Act - Amends the Federal Election Campaign Act of 1971 to permit a labor organization to make political communications and establish and solicit contributions for a separate segregated political fund if it provides the employees it represents with written notification of specified information.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi Benefits Termination Act of 2001''. SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS. (a) In General.--Notwithstanding any other provision of law, an individual who is determined under this Act to have been a participant in Nazi persecution is not eligible for any Federal public benefit. (b) Definitions.--In this Act: (1) Federal public benefit.--The term ``Federal public benefit'' has the meaning given such term by section 401(c)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)(1)), but shall not include any benefit described in section 401(b)(1) of such Act (8 U.S.C. 1611(b)(1)) (and, for purposes of applying such section 401(b)(1), the term ``alien'' shall be considered to mean any individual). (2) Participant in nazi persecution.--The term ``participant in Nazi persecution'' means an individual who-- (A) if an alien (as such term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), has committed one or more of the acts described in section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)); or (B) if a citizen of the United States-- (i) has procured citizenship illegally or by concealment of a material fact or willful misrepresentation; and (ii) has committed one or more of the acts described in section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)). (3) Respondent.--The term ``respondent'' means an individual whom the Attorney General is providing an opportunity for a hearing on the record under section 3(a). SEC. 3. DETERMINATIONS. (a) Hearing by Immigration Judge.--If the Attorney General has reason to believe that an individual who has applied for or is receiving a Federal public benefit may have been a participant in Nazi persecution, the Attorney General may provide an opportunity for a hearing on the record with respect to the matter. The Attorney General may delegate the conduct of the hearing to an immigration judge (as defined in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))). (b) Procedures.-- (1) Right of respondents to appear.-- (A) Citizens, permanent resident aliens, and persons present in the united states.--At a hearing under this section, each respondent may appear in person if the respondent is a United States citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated. (B) Others.--A respondent who is not a citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated may appear by video conference. (C) Rule of interpretation.--This Act shall not be construed to permit the return to the United States of an individual who is inadmissible under section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)). (2) Other rights of respondents.--At a hearing under this section, each respondent may be represented by counsel at no expense to the Federal Government, present evidence, cross- examine witnesses, and obtain the issuance of subpoenas for the attendance of witnesses and presentation of evidence. (3) Rules of evidence.--Unless otherwise provided in this Act, rules regarding the presentation of evidence at the hearing shall apply in the same manner in which such rules would apply at a removal proceeding before an immigration judge under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). (c) Findings, Conclusions, and Order.-- (1) Findings and conclusions.--Not later than 60 days after the date of the end of a hearing conducted under this section, the immigration judge shall make findings of fact and conclusions of law with respect to whether the respondent has been a participant in Nazi persecution. (2) Order.-- (A) Finding that respondent has been a participant in nazi persecution.--If the immigration judge finds, by a preponderance of the evidence, that the respondent has been a participant in Nazi persecution, the immigration judge shall promptly issue an order declaring the respondent to be ineligible for any Federal public benefit, and prohibiting any person from providing such a benefit, directly or indirectly, to the respondent, and shall transmit a copy of the order to any governmental entity or person known to be so providing such a benefit. (B) Finding that respondent has not been a participant in nazi persecution.--If the immigration judge finds that there is insufficient evidence for a finding under subparagraph (A) that a respondent has been a participant in Nazi persecution, the immigration judge shall issue an order dismissing the proceeding. (C) Effective date; limitation of liability.-- (i) Effective date.--An order issued pursuant to subparagraph (A) or (B) shall be effective on the date of issuance. (ii) Limitation of liability.-- Notwithstanding clause (i), a person or entity shall not be found to have provided a benefit to an individual in violation of this Act until the person or entity has received actual notice of the issuance of an order under subparagraph (A) with respect to the individual and has had a reasonable opportunity to comply with the order. (d) Review by Attorney General; Service of Final Order.-- (1) Review by attorney general.--The Attorney General may, in his discretion, review any finding or conclusion made, or order issued, under subsection (c), and shall complete the review not later than 30 days after the date that the finding or conclusion is so made, or order is so issued. Otherwise, the finding, conclusion, or order shall be final. (2) Service of final order.--The Attorney General shall cause the findings of fact and conclusions of law made with respect to any final order issued under this section, together with a copy of the order, to be served on the respondent involved. (e) Judicial Review.--Any party aggrieved by a final order issued under this section may obtain a review of the order by the United States Court of Appeals for the Federal Circuit, by filing a petition for such review not later than 30 days after the date that the final order is issued. SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT OVER APPEALS UNDER THIS ACT. Section 1295(a) of title 28, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (13); (2) by striking the period at the end of paragraph (14) and inserting ``; and''; and (3) by adding at the end the following: ``(15) of an appeal from a final order issued under the Nazi Benefits Termination Act of 2001.''.

Summary: Nazi Benefits Termination Act of 2001 - Denies Federal public benefits to individuals who have been participants in Nazi persecution. Authorizes the Attorney General, if an individual who has applied for or is receiving a Federal public benefit may have been such a participant, to provide an opportunity for a hearing on the record with respect to the matter.Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be providing such a benefit.Authorizes the Attorney General to review any finding or conclusion made or order issued and to complete such review within 30 days (otherwise such finding, conclusion, or order shall be final).Provides for the appeal of findings or orders by an aggrieved party to the U.S. Court of Appeals for the Federal Circuit.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Telecommunications Trust Act of 1998''. SEC. 2. PURPOSE. It is the purpose of this Act to prevent the imposition of additional telephone charges to support the provision of universal telecommunications services by dedicating to such support the revenues of telephone excise taxes already in effect on the date of enactment of this Act. SEC. 3. PROVISION OF UNIVERSAL SERVICES FROM APPROPRIATIONS OF EXCISE TAXES. (a) Amendment.--Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end the following new subsection: ``(l) Provision of Universal Services From Appropriations of Excise Taxes.-- ``(1) Termination of contributions; exclusive source of funds.--The contributions of providers of interstate telecommunications services pursuant to subsections (b)(4) and (d) shall cease to be required for any period beginning on or after the date on which funds appropriated pursuant to paragraph (2) of this subsection are first available for Federal universal service support. The Commission may continue to distribute any balances of such contributions that remain unallocated on such date, but, other than such balances, the funds appropriated under paragraph (2) shall constitute the exclusive source of funds for the provision of any type of Federal universal service support, including rural, high-cost, lifeline, programs under subsection (h), or any other program of Federal universal service support. ``(2) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 1999 and each of the 5 succeeding fiscal years, from the Telecommunications Trust Fund established by section 9511 of the Internal Revenue Code, such sums as may be necessary to provide Federal universal service support pursuant to this section, including support pursuant to subsection (h) of this section. ``(3) Availability on school year basis.--Appropriations for any fiscal year that are available to carry out subsection (h) may, in accordance with regulations of the Commission, be made available for obligation by the recipient on the basis of an academic or school year differing from such fiscal year. Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from such appropriations during any fiscal year which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year. ``(4) Apportionment of funds.--Funds from any such appropriation shall be apportioned in accordance with regulations prescribed by the Commission to carry out the purposes of this section.''. (b) Conforming Amendment.--Section 254(d) of such Act is amended by adding at the end the following: ``This subsection and subsection (b)(4) shall cease to be effective on the date described in subsection (l)(1).''. SEC. 4. ADVANCED COMMUNICATIONS TRUST FUND. (a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is amended by inserting after section 9510 the following: ``SEC. 9511. TELECOMMUNICATIONS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Telecommunications Trust Fund', consisting of such amounts as may be appropriated or credited pursuant to this section or section 9602(b). ``(b) Transfer to Advanced Telecommunications Trust Fund Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Telecommunications Trust Fund amounts equivalent to 100 percent of the taxes received in the Treasury after December 31, 1998, under section 4251 (relating to tax on communications). ``(c) Expenditures From Advanced Telecommunications Trust Fund.-- Amounts in the Telecommunications Trust Fund shall be available, as provided in appropriations Acts, only to provide for Federal universal service support mechanisms pursuant to section 254 of the Communications Act of 1934.''. SEC. 5. EFFECTIVE DATES; TRANSITION. (a) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), this Act and the amendments made by this Act shall be effective on July 1, 1999. (2) Exceptions.--Notwithstanding paragraph (1)-- (A) the authorization of appropriations in section 254(l)(2) of the Communications Act of 1934, as amended by section 3 of this Act, is effective upon enactment; and (B) the Federal Communications Commission may prescribe such regulations or take such other action as is necessary to the implementation of the amendments made by this Act at any time after such date of enactment. (b) Transition.--In order to effect a transition to the provision of telecommunications services in accordance with the amendments made by this Act, the Federal Communications Commission shall prescribe such regulations and take such other actions as may be necessary to provide for the allocation or refund of unused universal service contributions and obligations.

Summary: Telecommunications Trust Act of 1998 - Amends the Communications Act of 1934 to state that contributions currently required of providers of interstate telecommunications services for the preservation and enhancement of universal telecommunications services shall no longer be required after the date on which appropriated funds are first available for Federal universal service support. Authorizes the Federal Communications Commission to continue to distribute balances of such contributions that remain available on such date. Authorizes appropriations for FY 1999 through 2004 from the Telecommunications Trust Fund (established under this Act) to provide Federal universal service support, such funds to be the exclusive source of funding for such support. Allow such funds to be available on a school year basis in lieu of a fiscal year basis. Amends the Internal Revenue Code to establish the Telecommunications Trust Fund for the deposit of amounts appropriated for universal services support. Transfers to such Fund 100 percent of amounts received in the Treasury after December 31, 1998, as certain communications excise taxes. Makes Fund amounts available only to provide for Federal universal service support mechanisms.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Preservation Act''. SEC. 2. INTERNET NEUTRALITY. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 12. INTERNET NEUTRALITY. ``(a) Duty of Broadband Service Providers.--With respect to any broadband service offered to the public, each broadband service provider shall-- ``(1) not block, interfere with, discriminate against, impair, or degrade the ability of any person to use a broadband service to access, use, send, post, receive, or offer any lawful content, application, or service made available via the Internet; ``(2) not prevent or obstruct a user from attaching or using any device to the network of such broadband service provider, only if such device does not physically damage or substantially degrade the use of such network by other subscribers; ``(3) provide and make available to each user information about such user's access to the Internet, and the speed, nature, and limitations of such user's broadband service; ``(4) enable any content, application, or service made available via the Internet to be offered, provided, or posted on a basis that-- ``(A) is reasonable and nondiscriminatory, including with respect to quality of service, access, speed, and bandwidth; ``(B) is at least equivalent to the access, speed, quality of service, and bandwidth that such broadband service provider offers to affiliated content, applications, or services made available via the public Internet into the network of such broadband service provider; and ``(C) does not impose a charge on the basis of the type of content, applications, or services made available via the Internet into the network of such broadband service provider; ``(5) only prioritize content, applications, or services accessed by a user that is made available via the Internet within the network of such broadband service provider based on the type of content, applications, or services and the level of service purchased by the user, without charge for such prioritization; and ``(6) not install or utilize network features, functions, or capabilities that impede or hinder compliance with this section. ``(b) Certain Management and Business-Related Practices.--Nothing in this section shall be construed to prohibit a broadband service provider from engaging in any activity, provided that such activity is not inconsistent with the requirements of subsection (a), including-- ``(1) protecting the security of a user's computer on the network of such broadband service provider, or managing such network in a manner that does not distinguish based on the source or ownership of content, application, or service; ``(2) offering directly to each user broadband service that does not distinguish based on the source or ownership of content, application, or service, at different prices based on defined levels of bandwidth or the actual quantity of data flow over a user's connection; ``(3) offering consumer protection services (including parental controls for indecency or unwanted content, software for the prevention of unsolicited commercial electronic messages, or other similar capabilities), if each user is provided clear and accurate advance notice of the ability of such user to refuse or disable individually provided consumer protection capabilities; ``(4) handling breaches of the terms of service offered by such broadband service provider by a subscriber, provided that such terms of service are not inconsistent with the requirements of subsection (a); or ``(5) where otherwise required by law, to prevent any violation of Federal or State law. ``(c) Exception.--Nothing in this section shall apply to any service regulated under title VI, regardless of the physical transmission facilities used to provide or transmit such service. ``(d) Stand-Alone Broadband Service.--A broadband service provider shall not require a subscriber, as a condition on the purchase of any broadband service offered by such broadband service provider, to purchase any cable service, telecommunications service, or IP-enabled voice service. ``(e) Implementation.--Not later than 180 days after the date of enactment of the Internet Freedom Preservation Act, the Commission shall prescribe rules to implement this section that-- ``(1) permit any aggrieved person to file a complaint with the Commission concerning any violation of this section; and ``(2) establish enforcement and expedited adjudicatory review procedures consistent with the objectives of this section, including the resolution of any complaint described in paragraph (1) not later than 90 days after such complaint was filed, except for good cause shown. ``(f) Enforcement.-- ``(1) In general.--The Commission shall enforce compliance with this section under title V, except that-- ``(A) no forfeiture liability shall be determined under section 503(b) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4); and ``(B) the provisions of section 503(b)(5) shall not apply. ``(2) Special orders.--In addition to any other remedy provided under this Act, the Commission may issue any appropriate order, including an order directing a broadband service provider-- ``(A) to pay damages to a complaining party for a violation of this section or the regulations hereunder; or ``(B) to enforce the provisions of this section. ``(g) Definitions.--In this section, the following definitions shall apply: ``(1) Affiliated.--The term `affiliated' includes-- ``(A) a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person; or ``(B) a person that has a contract or other arrangement with a content, applications, or service provider relating to access to or distribution of such content, applications, or service. ``(2) Broadband service.--The term `broadband service' means a 2-way transmission that-- ``(A) connects to the Internet regardless of the physical transmission facilities used; and ``(B) transmits information at an average rate of at least 200 kilobits per second in at least 1 direction. ``(3) Broadband service provider.--The term `broadband service provider' means a person or entity that controls, operates, or resells and controls any facility used to provide broadband service to the public, whether provided for a fee or for free. ``(4) IP-enabled voice service.--The term `IP-enabled voice service' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that service can originate traffic to, and terminate traffic from, the public switched telephone network ``(5) User.--The term `user' means any residential or business subscriber who, by way of a broadband service, takes and utilizes Internet services, whether provided for a fee, in exchange for an explicit benefit, or for free.''. SEC. 3. REPORT ON DELIVERY OF CONTENT, APPLICATIONS, AND SERVICES. Not later than 270 days after the date of enactment of this Act, and annually thereafter, the Federal Communications Commission shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the-- (1) ability of providers of content, applications, or services to transmit and send such information into and over broadband networks; (2) ability of competing providers of transmission capability to transmit and send such information into and over broadband networks; (3) price, terms, and conditions for transmitting and sending such information into and over broadband networks; (4) number of entities that transmit and send information into and over broadband networks; and (5) state of competition among those entities that transmit and send information into and over broadband networks.

Summary: Internet Freedom Preservation Act - Amends the Communications Act of 1934 to establish certain Internet neutrality duties for broadband service providers (providers), including not interfering with, or discriminating against, the ability of any person to use broadband service in a lawful manner. Allows providers to engage in activities in furtherance of certain management and business-related practices, such as protecting network security and offering consumer protection services such as parental controls. Prohibits a provider from requiring a subscriber, as a condition on the purchase of broadband service, to purchase any cable service, telecommunications service, or IP-enabled voice service. Requires a report from the Federal Communications Commission (FCC) to specified congressional committees on provider delivery of broadband content, applications, and services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Water Protection Act''. SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES. Section 402 of the Federal Water Pollution Control Act (22 U.S.C. 1342) is amended by adding at the end the following: ``(r) Prohibition on Sewage Dumping Into the Great Lakes.-- ``(1) In general.--A publicly owned treatment works is prohibited from intentionally diverting waste streams to bypass any portion of a treatment facility at the treatment works if the diversion results in a discharge into the Great Lakes unless-- ``(A)(i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; ``(ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and ``(iii) the treatment works provides notice of the bypass in accordance with the requirements of this subsection; or ``(B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility. ``(2) Limitation.--The requirement of paragraph (1)(A)(ii) is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass and the bypass occurred during normal periods of equipment downtime or preventive maintenance. ``(3) Notice requirements.--A publicly owned treatment works shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section)-- ``(A) prior notice of an anticipated bypass; and ``(B) notice of an unanticipated bypass within 24 hours following the time the treatment works first becomes aware of the bypass. ``(4) Follow-up notice requirements.--In the case of an unanticipated bypass for which a publicly owned treatment works provides notice under paragraph (3)(B), the treatment works shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section), not later than 5 days following the date on which the treatment works first becomes aware of the bypass, a follow-up notice containing a description of-- ``(A) the cause of the bypass; ``(B) the reason for the bypass ``(C) the period of bypass, including the exact dates and times; ``(D) if the bypass has not been corrected, the anticipated time the bypass is expected to continue; ``(E) the volume of the discharge resulting from the bypass; ``(F) any public access areas that may be impacted by the bypass; and ``(G) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. ``(5) Public availability of notices.--A publicly owned treatment works providing a notice under this subsection, and the Administrator (or the State in the case of a State that has a permit program approved under this section) receiving such a notice, shall each post all such notices provided or received in a searchable database accessible on the Internet. ``(6) Sewage blending.--Bypasses prohibited by this section include bypasses resulting in discharges from a publicly owned treatment works that consist of effluent routed around treatment units and thereafter blended together with effluent from treatment units prior to discharge. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Bypass.--The term `bypass' means an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge into the Great Lakes. ``(B) Great lakes.--The term `Great Lakes' has the meaning given such term by section 118(a)(3). ``(C) Treatment facility.--The term `treatment facility' includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher, as required to attain water quality standards, under any operating conditions. ``(D) Treatment works.--The term `treatment works' has the meaning given that term in section 212. ``(8) Implementation.--The Administrator shall establish procedures to ensure that permits issued under this section (or under a State permit program approved under this section) to a publicly owned treatment works include requirements to implement this subsection. ``(9) Maximum civil penalty.--Notwithstanding any provision of section 309, the maximum civil penalty which shall be assessed for a violation of this subsection, or any permit limitation or condition implementing this subsection, shall be $100,000 per day for each day the violation occurs. ``(10) Effective date.-- ``(A) In general.--Except as provided by subparagraph (B), the requirements of this subsection shall become effective beginning January 1, 2026. ``(B) Notice requirements.--The requirements of paragraphs (3), (4), and (5) shall become effective one year after the date of enactment of this subsection.''. SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. (a) In General.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended by redesignating section 519 as section 520 and inserting after section 518 the following: ``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. ``(a) Creation of Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Great Lakes Cleanup Fund' (in this section referred to as the `Fund'). ``(b) Transfers to Fund.--Effective January 1, 2026, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(r). ``(c) Administration of Fund.--The Administrator shall administer the Fund. ``(d) Use of Funds.--The Administrator shall make the amounts in the Fund available to the Great Lakes States for programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration. The Administrator shall allocate such amounts among the Great Lakes States based on the proportional amount attributable to each Great Lakes State for penalties collected for violations of section 402(r). ``(e) Priority.--In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that address violations of section 402(r) resulting in the collection of penalties. ``(f) Definitions.--In this section, the terms `Great Lakes' and `Great Lakes States' have the meanings given such terms in section 118(a)(3).''. (b) Conforming Amendment to State Revolving Fund Program.--Section 607 of such Act (33 U.S.C. 1387) is amended-- (1) by inserting ``(a) In General.--'' before ``There is''; and (2) by adding at the end the following: ``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that such funds shall be made available to the Great Lakes States as provided in section 519.''.

Summary: Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to prohibit publicly owned treatment works (POTWs) from intentionally diverting waste streams to bypass any portion of the treatment facility if the diversion results in a discharge into the Great Lakes unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (2) there is no feasible alternative; and (3) the treatment works provides notice; or (4) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires: (1) such notice to be provided to the Administrator of the Environmental Protection Agency (EPA) (or to a state with an approved permit program) prior to an anticipated bypass or within 24 hours of becoming aware of an unanticipated bypass; and (2) follow-up notice regarding the cause and duration of, volume of discharge resulting from, and public access areas affected by an unanticipated bypass. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to implement this Act. Provides a maximum civil penalty for violations. Establishes the Great Lakes Cleanup Fund from which amounts shall be provided for improving wastewater discharges.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Assistance and Resource Enhancement Act''. SEC. 2. SUPPORT SERVICES FOR CAREGIVERS. (a) Definitions.--Section 1701 of title 38, United States Code, is amended by adding at the end the following new paragraphs: ``(10) The term `caregiver services' means noninstitutional extended care (as used in paragraph (6)). ``(11) The term `caregiver' means an individual who-- ``(A) with respect to a disabled veteran who is enrolled in the health care system established under section 1705(a) of this title, provides caregiver services to such veteran for such disability; and ``(B) is not a member of the family (including parents, spouses, children, siblings, step-family members, and extended family members) of such veteran. ``(12) The term `family caregiver' means an individual who-- ``(A) with respect to a disabled veteran who is enrolled in the health care system established under section 1705(a) of this title, provides caregiver services to such veteran for such disability; ``(B) is a member of the family (including parents, spouses, children, siblings, step-family members, and extended family members) of such veteran; and ``(C) may or may not reside with such veteran.''. (b) Support Services.-- (1) In general.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720G. Support services for caregivers and family caregivers ``(a) Establishment of Program.--The Secretary shall develop and carry out a program for caregivers and family caregivers that includes the following: ``(1) The educational sessions, stipends, and access to support services provided under this section. ``(2) Counseling and other services provided under section 1782 of this title. ``(3) Respite care provided under section 1720B of this title. ``(4) With respect to family caregivers, medical care provided under section 1781(e) of this title. ``(5) Travel expenses provided under section 111(e) of this title. ``(b) Educational Sessions.--(1) The Secretary shall make available educational sessions for caregivers, family caregivers, and individuals described in paragraph (2). Such educational sessions shall-- ``(A) be made available both in person and on an Internet website; ``(B) incorporate available technology, including telehealth technology to the extent practicable; and ``(C) teach techniques, strategies, and skills for caring for a disabled veteran, including, at a minimum, a veteran who-- ``(i) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) has post-traumatic stress disorder, a traumatic brain injury, or other severe injury or illness. ``(2) Individuals described in this paragraph are individuals who provide caregivers and family caregivers with support under this chapter or through an aging network (as defined in section 102(5) of the Older Americans Act of 1965 (42 U.S.C. 3002(5)), including-- ``(A) respite care providers; ``(B) nursing care providers; and ``(C) counselors. ``(c) Stipends.--(1) The Secretary shall provide monthly stipends to eligible family caregivers described in paragraph (2). ``(2) An eligible family caregiver described in this paragraph is a family caregiver who-- ``(A) provides caregiver services to a veteran who-- ``(i) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) for purposes of this subsection, is determined by the Secretary-- ``(I) to have a service-connected disability or illness that is severe; ``(II) to be in need of caregiver services, such that without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and ``(III) based on an examination by a physician employed by the Department (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), to be unable to carry out the activities (including instrumental activities) of daily living; ``(B) with respect to such veteran, meets the definition of the term `family caregiver' under section 1701(12) of this title; ``(C) is designated by such veteran as the primary family caregiver for such veteran; and ``(D) is not-- ``(i) employed by a home health care agency to provide such caregiver services; or ``(ii) otherwise receiving payment for such services. ``(3) The authority of the Secretary to provide a stipend to an eligible family caregiver under this subsection shall expire on October 1, 2012. ``(d) Access to Support Services.--The Secretary shall provide caregivers and family caregivers with information concerning public, private, and non-profit agencies that offer support to caregivers. In providing such information, the Secretary shall-- ``(1) collaborate with the Assistant Secretary for Aging of the Department of Health and Human Services in order to provide caregivers and family caregivers access to aging and disability resource centers under the Administration on Aging of the Department of Health and Human Services; and ``(2) include on an Internet website that is dedicated to caregivers and family caregivers-- ``(A) a directory of services available for caregivers and family caregivers at the county level; and ``(B) tools that provide caregivers and family caregivers with the ability to interact with each other for the purpose of fostering peer support and creating support networks. ``(e) Information and Outreach.--(1) The Secretary shall conduct outreach to inform disabled veterans and the families of such veterans of the following: ``(A) Medical care, educational sessions, stipends, and other services available for caregivers and family caregivers under this chapter. ``(B) The ability of a family caregiver to be trained and certified by a home health care agency in order to be paid by such agency for providing caregiver services. ``(2) Outreach under this subsection shall include, at a minimum, the following: ``(A) Public service announcements. ``(B) Brochures and pamphlets. ``(C) Full use of Internet-based outreach methods, including such methods designed specifically for veterans and the families of such veterans who reside in rural areas. ``(3) With respect to a Department employee providing case management services (as defined in section 1720C(b)(2) of this title) to a disabled veteran, the Secretary shall ensure that such employee provides a caregiver or family caregiver of such veteran with information on the services described in subparagraphs (A) and (B) of paragraph (1).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by inserting after the item related to section 1720F the following new item: ``1720G. Support services for caregivers and family caregivers.''. (c) Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a plan for carrying out section 1720G of title 38, United States Code, as added by subsection (b) of this section. (d) Reports.--Not later than 180 days after the date on which the plan is submitted under subsection (c), and annually thereafter for the following five years, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report describing the implementation of the plan. SEC. 3. COUNSELING AND MENTAL HEALTH SERVICES FOR CAREGIVERS AND FAMILY CAREGIVERS. (a) In General.--Section 1782 of title 38, United States Code, is amended-- (1) in the section heading, by adding at the end the following: ``, caregivers, and family caregivers''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``; or'' and inserting a semicolon; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph (2): ``(2) a caregiver or family caregiver of a veteran; or''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by striking the item relating to section 1782 and inserting the following new item: ``1782. Counseling, training, and mental health services for immediate family members, caregivers, and family caregivers.''. SEC. 4. RESPITE CARE TO ASSIST FAMILY CAREGIVERS. Section 1720B of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``title.'' and inserting ``title or who receives care from a family caregiver.''; and (2) by adding at the end the following new subsection: ``(d) In furnishing respite care services under this section, the Secretary shall ensure that such services-- ``(1) fulfill the needs of the veteran receiving care (including 24-hour in-home respite care); and ``(2) are appropriate for the veteran with respect to the age of the veteran.''. SEC. 5. MEDICAL CARE FOR FAMILY CAREGIVERS. Section 1781 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by inserting ``and'' at the end; and (C) by inserting after paragraph (3) the following new paragraph: ``(4) in accordance with subsection (e), a family caregiver,''; (2) in the third sentence of subsection (b), by striking ``dependent or survivor'' and inserting ``dependent, survivor, or family caregiver''; and (3) by adding at the end the following new subsection: ``(e)(1) The Secretary shall provide medical care to a family caregiver under this section if the Secretary determines that the family caregiver is not entitled to care or services under a health- plan contract as defined under section 1725(f)(2) of this title (determined, in the case of a health-plan contract as defined in subsection (f)(2)(B) or (f)(2)(C) of such section, without regard to any requirement or limitation relating to eligibility for care or services from any department or agency of the United States). ``(2) In this subsection, a family caregiver is an individual who-- ``(A) provides caregiver services to a veteran who-- ``(i) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) for purposes of this subsection, is determined by the Secretary-- ``(I) to have a service-connected disability or illness that is severe; ``(II) to be in need of caregiver services, such that without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and ``(III) based on an examination by a physician employed by the Department (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), to be unable to carry out the activities (including instrumental activities) of daily living; ``(B) with respect to such veteran, meets the definition of the term `family caregiver' under section 1701(12) of this title; and ``(C) is designated by such veteran as the primary family caregiver for such veteran. ``(3) The authority of the Secretary to provide medical care to a family caregiver under this section shall expire on October 1, 2012.''. SEC. 6. LODGING AND SUBSISTENCE FOR FAMILY CAREGIVERS. Section 111(e) of title 38, United States Code, is amended-- (1) by striking ``When'' and inserting the following: ``(1) Except as provided in paragraph (2), when''; and (2) by adding at the end the following new paragraphs: ``(2) Without regard to whether a covered veteran entitled to mileage under this section requires an attendant in order to perform such travel, an attendant of such covered veteran may be allowed expenses of travel (including lodging and subsistence) upon the same basis as such veteran during-- ``(A) the period of time in which such veteran is traveling to and from a treatment facility; and ``(B) the duration of the treatment episode for such veteran. ``(3) The Secretary may prescribe regulations to carry out this subsection. Such regulations may include provisions-- ``(A) to limit the number of attendants that may receive expenses of travel under paragraph (2) for a single treatment episode of a covered veteran; and ``(B) to require such attendants to use certain travel services. ``(4) In this subsection, the term `covered veteran' means a veteran who-- ``(A) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(B) for purposes of this subsection, is determined by the Secretary-- ``(i) to have a service-connected disability or illness that is severe; ``(ii) to be in need of caregiver services, such that without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and ``(iii) based on an examination by a physician employed by the Department (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), to be unable to carry out the activities (including instrumental activities) of daily living.''. SEC. 7. SURVEY ON CAREGIVERS AND FAMILY CAREGIVERS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, and not less than once in each three-year period thereafter, the Secretary of Veterans Affairs shall design and conduct a survey of caregivers and family caregivers. In carrying out the survey, the Secretary shall collect the following information: (1) The number of caregivers. (2) The number of family caregivers. (3) The number of veterans receiving caregiver services from caregivers and family caregivers, including the era in which each veteran served in the Armed Forces. (4) The range of caregiver services provided by caregivers and family caregivers, including-- (A) the average schedule of such services; and (B) the average amount of time a caregiver and family caregiver has spent providing such services. (5) The average age of a caregiver and family caregiver. (6) The health care coverage of caregivers and family caregivers, including the sources of such coverage. (7) The employment status of caregivers and family caregivers. (8) Incidents of significant life changes related to being a caregiver or family caregiver, including unemployment and disenrollment from a course of education. (9) The number of family caregivers trained and certified through a home health care agency. (10) Other information the Secretary considers appropriate. (b) Survey Sample.--In carrying out the survey required by subsection (a), the Secretary shall ensure that-- (1) a statistically representative sample of caregivers and family caregivers is included in the survey; and (2) such sample covers veterans in each Veterans Integrated Service Network. (c) Findings.--The Secretary shall consider the findings of the survey when carrying out programs related to caregivers and family caregivers. (d) Reports.--Not later than 180 days after the date on which each survey is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on caregivers and family caregivers. Each such report shall include-- (1) the findings of the survey required by subsection (a); (2) a summary of the services made available to caregivers and family caregivers by the Secretary; (3) the number of caregivers and family caregivers who receive such services; (4) the cost to the Department of Veterans Affairs of providing each such service; and (5) other information the Secretary considers appropriate. (e) Definitions.--In this section: (1) The term ``caregiver'' has the meaning given such term in section 1701(11) of title 38, United States Code, as added by section 2(a) of this Act. (2) The term ``family caregiver'' has the meaning given such term in section 1701(12) of title 38, United States Code, as added by section 2(a) of this Act. Passed the House of Representatives July 27, 2009. Attest: LORRAINE C. MILLER, Clerk.

Summary: Caregiver Assistance and Resource Enhancement Act - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to develop and carry out a program of support services for family and non-family caregivers providing noninstitutional extended care to disabled veterans enrolled in the VA health care system. Requires such support services to include: (1) educational sessions, stipends, and access to support services; (2) counseling and related services; (3) respite care; (4) medical care for family caregivers; and (5) travel expenses in connection with the outpatient care of such veterans. Requires the Secretary to: (1) conduct outreach to inform disabled veterans and their families of services available for caregivers, as well as the ability of a caregiver to be trained and certified by a home health care agency in order to be paid for providing such services; (2) submit to the congressional veterans' committees a plan for implementation of such program; and (3) report annually thereafter for five years on plan implementation. (Sec. 3) Makes counseling and mental health services available to family and non-family caregivers of enrolled veterans. (Sec. 4) Directs the Secretary to ensure that respite care meets the needs of the veteran receiving such care, including 24-hour home respite care, and is appropriate with respect to the veteran's age. (Sec. 5) Authorizes the provision of medical care through the VA for family caregivers of eligible veterans, if the caregiver is without health insurance and ineligible for other public health insurance. Defines a "family caregiver" as an individual who provides care to a veteran who was deployed in support of Operations Iraqi Freedom or Enduring Freedom and are determined by the Secretary to: (1) have a severe service-connected disability or illness; (2) be in need of caregiver services since, without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and (3) be unable to carry out the activities of daily living. (Sec. 6) Authorizes a lodging and subsistence allowance for family caregivers of eligible veterans described above, to cover the time in which the veteran is traveling to and from a treatment facility as well as the duration of the treatment period. (Sec. 7) Requires the Secretary to: (1) at least once every three years, design and conduct a survey of family and non-family caregivers; (2) consider survey findings when carrying out programs related to caregivers; and (3) report to the veterans' committees on survey results and services made available to caregivers.