SECTION 1. SHORT TITLE. This Act may be cited as the ``Wastewater Treatment Operator Training and Certification Act of 1993''. SEC. 2. OPERATOR TRAINING. Section 109 of the Federal Water Pollution Control Act (33 U.S.C. 1259) is amended to read as follows: ``SEC. 109. OPERATOR TRAINING. ``(a) National Program.-- ``(1) In general.--The Administrator shall develop and implement a national program to train individuals in the operation of municipal and industrial wastewater treatment works and other facilities with a water pollution control purpose. ``(2) Requirements for training program.--The training program under this section shall include-- ``(A) the preparation of undergraduate students enrolled in institutions of higher education to enter an occupation that involves the design, operation, and maintenance of wastewater treatment works; ``(B) inservice training to improve and advance the knowledge and skills of individuals employed in fields related to the design, operation, and maintenance of wastewater treatment works; and ``(C) preservice training to be provided to high school graduates who are not employed to carry out the operation and maintenance of a wastewater treatment works at the time the training is provided. ``(b) Training Program Grants.-- ``(1) In general.--The Administrator shall make grants to, or offer to enter into contracts with, the appropriate officials of institutions of higher education, or combinations of the institutions, and State agencies to support the development and implementation of wastewater treatment training programs pursuant to this section. ``(2) Guidance.--Not later than 1 year after the date of enactment of paragraph (5), the Administrator shall publish guidance that specifies the minimum elements of the wastewater training programs referred to in paragraph (1). The guidance shall indicate the relative emphasis that shall be given to-- ``(A) facility design, operation, and maintenance; ``(B) undergraduate, inservice, and preservice training; and ``(C) training for industrial and municipal facilities. ``(3) Solicitation of proposals.--Not later than 18 months after the date of enactment of paragraph (5), the Administrator shall solicit proposals from institutions of higher education, or combinations of the institutions, and State agencies to provide training services. ``(4) Training grants.--The Administrator shall, to the extent adequate funds are available, award training grants to institutions of higher education, or combinations of the institutions, and State agencies for each fiscal year. ``(5) Considerations for awarding grants.--In awarding a training grant under this subsection, the Administrator shall consider-- ``(A) the demonstrated capability of the applicant to provide training services; ``(B) the degree to which the proposed program is consistent with the guidance published pursuant to paragraph (2); ``(C) the results of any evaluation conducted pursuant to paragraph (7); and ``(D) the degree to which the geographic area to be served by the program that is the subject of the grant proposal will, in combination with other programs funded pursuant to this section, ensure the reasonable availability of training programs throughout the United States. ``(6) Allocation of grants.--In allocating available grant funds among training programs, the Administrator shall consider the need for training in the area served, as reflected in the report to Congress issued pursuant to section 112(b). ``(7) Review and evaluation.--The Administrator shall provide for the review and evaluation of each training program that receives funding pursuant to this section not later than 3 years after the program initially receives the funding, and every 3 years thereafter. ``(c) Training Needs.--The Administrator shall develop and maintain a system for forecasting the supply of, and demand for, various professional and other occupational categories needed for the prevention, reduction, and elimination of water pollution in each region, State, or area of the United States.''. SEC. 3. OPERATOR CERTIFICATION. (a) In General.--Section 110 of the Federal Water Pollution Control Act (33 U.S.C. 1260) is amended to read as follows: ``SEC. 110. OPERATOR CERTIFICATION. ``(a) In General.-- ``(1) Certification.--The Chief Operator of a publicly owned treatment works that has a permit issued pursuant to section 402, and such additional personnel as may be designated by the Administrator, shall be required to be certified as proficient pursuant to this section by a State that has a certification program that is approved by the Administrator. ``(2) Effective date.--The requirement referred to in paragraph (1) shall become effective on the date that is 4 years after the date of enactment of paragraph (4), unless the Administrator extends the effective date pursuant to paragraph (3). ``(3) Extension.--The Administrator may extend the effective date of the requirement referred to in paragraph (1) for a period of not to exceed 3 years on a facility-specific basis if the Administrator determines that, with respect to a facility, adequate opportunity to seek certification did not exist during the period described in paragraph (2). ``(4) Certification granted to individual.--Each certification of proficiency issued by the appropriate official of a State under this section shall be granted to the individual that receives the certification and shall not be granted to the treatment works where the individual is employed. ``(5) Period of certification.--A certification of proficiency issued under this section shall be effective during the 5-year period beginning on the date of certification. An individual may be recertified on termination of the 5-year period (and on termination of each subsequent 5-year period) if the individual complies with inservice training and related education requirements for the certification. ``(6) Statutory construction.--Nothing in this section is intended to be construed to prevent a State from requiring more frequent certification than is specified in paragraph (5). ``(b) Guidelines.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall publish guidelines specifying minimum standards for certification of operators by a State pursuant to this section. ``(2) Requirements for guidelines.-- ``(A) In general.--The guidelines described in paragraph (1) shall specify minimum standards for a Chief Operator of a publicly owned treatment works and for such additional personnel as the Administrator determines appropriate for proficiency certification. ``(B) Additional standards.--In addition to the standards referred to in subparagraph (A), the guidelines shall establish such additional standards as the Administrator determines necessary to ensure proficiency in the operation of large, complex treatment systems. The guidelines may provide for onsite assessment in any case in which the assessment is necessary to determine proficiency. ``(3) Treatment works operator's manual.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall publish a treatment works operator's manual that describes essential knowledge and skills of-- ``(A) a Chief Operator; and ``(B) such additional personnel as the Administrator determines appropriate to receive operator proficiency certification. ``(c) State Programs.-- ``(1) In general.--Beginning on the date of publication of the guidelines under subsection (b), the Governor of a State may submit to the Administrator, in such form as the Administrator may require, a certification program under this section. ``(2) Program approval.-- ``(A) In general.--The Administrator shall review and approve or disapprove a program submitted pursuant to paragraph (1) not later than 90 days after the submittal of the application. The Administrator shall approve the application on the basis of a determination that-- ``(i) the State certification program will be consistent with the guidelines published pursuant to subsection (b); ``(ii) the State has committed to implement the program by not later than 1 year after the date of approval of the application; and ``(iii) the State agrees to provide to the Administrator such information concerning the program as the Administrator may request. ``(B) Programs in effect before the submittal of an application.--With respect to any State that submits an application pursuant to this subsection concerning a State certification program that was implemented before the date of submittal of the application, in making a decision whether to approve the application, the Administrator may consider the effectiveness of the program in effect on the date of submittal of a program pursuant to this subsection. ``(3) Disapproval of program.--In any case in which the Administrator disapproves a program, the Administrator shall provide to the State a written statement of the reasons for disapproval. The State may, not later than 90 days after receipt of the statement of the Administrator, submit to the Administrator such modifications to the application as may be necessary. Not later than 30 days after receipt of the revised application, the Administrator shall approve or disapprove the revised application. ``(4) Additional requirements.--A State may establish a certification requirement in addition to the requirements established pursuant to this section.''. (b) Enforcement.--Section 309(g)(1)(A) of such Act (33 U.S.C. 1319(g)(1)(A)) is amended by inserting ``110(a),'' after ``violated section''. SEC. 4. SCHOLARSHIPS. (a) Relationship to Training Grant Program.--Section 111(3) of the Federal Water Pollution Control Act (33 U.S.C. 1261(3)) is amended by striking subparagraph (C) and inserting the following new subparagraph: ``(C) that the institution is participating in, or has participated in, the training grant program under section 109(b); and''. (b) Representation of Minorities and Women.--Section 111(3)(D) of such Act (33 U.S.C. 1261(3)(D)) is amended-- (1) by striking ``and'' at the end of clause (i); and (2) by striking the period at the end and inserting ``, and (iii) the institution will make reasonable efforts to ensure representation of minorities and women in the program.''. SEC. 5. DEFINITIONS AND AUTHORIZATIONS. Section 112 of the Federal Water Pollution Control Act (33 U.S.C. 1262) is amended-- (1) in subsection (a)(1), by inserting after the first sentence the following new sentence: ``The term shall include any community college, technical college, or State environmental agency.''; (2) by striking subsection (b) and inserting the following new subsection: ``(b) The Administrator shall, not later than 2 years after the date of enactment of the Wastewater Treatment Operator Training and Certification Act of 1993, and not less frequently than every 2 years thereafter, submit a report to Congress concerning the implementation of training, certification, and scholarship programs under sections 109, 110, and 111. Each report submitted to Congress under this subsection shall include a forecast of the supply of, and demand for, water pollution control professionals.''; and (3) in subsection (c)-- (A) by inserting ``(1)'' after ``(c)''; and (B) by adding at the end the following new paragraph: ``(2) There are authorized to be appropriated to the Environmental Protection Agency to carry out sections 109 and 111, $15,000,000 for each of fiscal years 1994 through 2000.''.

Summary: Wastewater Treatment Operator Training and Certification Act of 1993 - Amends the Federal Water Pollution Control Act to revise provisions concerning training grants and contracts to require the Administrator of the Environmental Protection Agency to: (1) implement a national program to train persons in the operation of municipal and industrial wastewater treatment works and other water pollution control facilities; (2) make grants to, or contracts with, institutions of higher education to support such programs; and (3) publish guidance on the minimum elements of such programs. Requires chief operators and other designated personnel of publicly owned treatment works to be certified as proficient by the Administrator. Directs the Administrator to publish: (1) guidelines on minimum standards for certification; and (2) a treatment works operator's manual. Authorizes the delegation of authority for a certification program to a State, subject to certain conditions. Makes certifications valid for a five-year period. Permits recertification for an additional five years provided that the individual complies with in-service training and related education. Requires institutions of higher education, in addition to other requirements for receiving scholarships for individuals planning to enter occupations involving treatment works, to: (1) have participated in the treatment works training program; and (2) ensure representation of minorities and women in the scholarship program. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998''. SEC. 2. PROMOTION OF STAMP SALES. (a) In General.--Section 4 of the Act of March 16, 1934 (commonly known as the ``Migratory Bird Hunting and Conservation Stamp Act'') (16 U.S.C. 718d), is amended-- (1) in subsection (b), by striking ``subsection (c) of this section'' and inserting ``subsections (c) and (d)''; and (2) by adding at the end the following: ``(d) Promotion of Stamp Sales.-- ``(1) In general.--Subject to approval of an annual marketing plan by the Migratory Bird Conservation Commission established by section 2 of the Migratory Bird Conservation Act (16 U.S.C. 715a), the Secretary of the Interior may use from receipts from the sale of migratory bird hunting and conservation stamps an amount not to exceed $1,000,000 for each of fiscal years 1999 through 2003 for the promotion of additional stamp sales. ``(2) Annual report.--The Secretary of the Interior shall-- ``(A) include in each report under section 3 of the Migratory Bird Conservation Act (16 U.S.C. 715b) a statement of all expenditures under paragraph (1); and ``(B) provide a copy to the Migratory Bird Conservation Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Resources of the House of Representatives.''. (b) Technical Amendments.-- (1) Short title.-- (A) The Act of March 16, 1934 (16 U.S.C. 718 et seq.), is amended by adding at the end the following: ``SEC. 11. SHORT TITLE. ``This Act may be cited as the `Migratory Bird Hunting and Conservation Stamp Act'.''. (B) Section 4(d)(2) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(d)(2)) is amended in the last sentence by striking ``Migratory Bird Hunting Stamp Act'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (C) Section 102 of the Sikes Act (16 U.S.C. 670b) is amended by striking ``Migratory Bird Hunting Stamp Act as amended'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.)''. (D) Section 203(b)(4)(A) of the Sikes Act (16 U.S.C. 670i(b)(4)(A)) is amended by striking ``Act of March 16, 1934, commonly referred to as the Migratory Bird Hunting Stamp Act'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (E) Section 2 of Public Law 87-383 (16 U.S.C. 715k- 4) is amended by striking ``Migratory Bird Hunting Stamp Act of March 16, 1934, as amended'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (F) Section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is amended-- (i) in subsection (b)(1)(A), by striking ``Act of March 16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp Act)'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718b)''; and (ii) in subsection (c)(B), by striking ``Act of March 16, 1934'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (G) Section 203 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3912) is amended by striking ``Act of March 16, 1934'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (H) Clause (ii) of section 504(1) of title 18, United States Code, is amended by striking ``Migratory Bird Hunting Stamp Act of 1934'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.)''. (I) Section 28(f) of the Act of August 13, 1954 (25 U.S.C. 564w-1(f) is amended-- (i) in the second sentence, by striking ``Migratory Bird Hunting Stamp Act of March 16, 1934, as amended (16 U.S.C. 718)'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.)''; and (ii) in the third sentence, by striking ``section 4 of the Act of March 16, 1934 (48 Stat. 451), as amended or supplemented'' and inserting ``section 4 of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718d)''. (2) Migratory bird hunting and conservation stamp.-- (A) The first section and section 10 of the Act of March 16, 1934 (16 U.S.C. 718a, 718j), are amended by striking ``migratory-bird hunting and conservation stamp'' each place it appears and inserting ``migratory bird hunting and conservation stamp''. (B) Section 2(a) of the Act of March 16, 1934 (16 U.S.C. 718b(a)), is amended in the fifth sentence by striking ``migratory-bird hunting stamps'' and inserting ``migratory bird hunting and conservation stamps''. (C) Sections 4(a) and 5(c) of the Act of March 16, 1934 (16 U.S.C. 718d(a), 718e(c)), are amended by striking ``migratory bird hunting stamps'' each place it appears and inserting ``migratory bird hunting and conservation stamps''. (D) Section 5(a) of the Act of March 16, 1934 (16 U.S.C. 718e(a)), is amended by striking ``migratory- bird hunting stamp'' and inserting ``migratory bird hunting and conservation stamp''. (E) Section 2(4) of the Act of September 28, 1962 (16 U.S.C. 460k-1(4)), is amended by striking ``migratory bird hunting stamps'' and inserting ``migratory bird hunting and conservation stamps''. (F) Section 203(b)(4)(A) of the Sikes Act (16 U.S.C. 670i(b)(4)(A)) is amended by striking ``migratory bird hunting stamp'' and inserting ``migratory bird hunting and conservation stamp''. (G) Section 3(a) of the Act of July 30, 1956 (16 U.S.C. 718b-1), is amended by striking ``migratory-bird hunting stamps'' and inserting ``migratory bird hunting and conservation stamps''.

Summary: Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998 - Amends the Act commonly referred to as the Migratory Bird Hunting and Conservation Stamp Act to: (1) make such title the legislated short title; and (2) allow the Secretary of the Interior, subject to approval of an annual marketing plan by the Migratory Bird Conservation Commission, to use from receipts from the sale of migratory bird hunting and conservation stamps an amount not to exceed $1 million for each FY from 1999 through 2003 for the promotion of additional stamp sales. Requires the Secretary to: (1) include in each report under the Migratory Bird Conservation Act a statement of all expenditures; and (2) provide a copy to the Commission and specified congressional committees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting American Agricultural and Medical Exports to Cuba Act of 2009''. SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. Section 908(b)(4) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) the term `payment of cash in advance' means, notwithstanding any other provision of law, the payment by the purchaser of an agricultural commodity or product and the receipt of such payment by the seller prior to-- ``(i) the transfer of title of such commodity or product to the purchaser; and ``(ii) the release of control of such commodity or product to the purchaser.''. SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES DEPOSITORY INSTITUTIONS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. (a) In General.--Notwithstanding any other provision of law (including section 908(b)(1)(B) of the Trade Sanctions and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)(B)), the President may not restrict direct transfers from a Cuban depository institution to a United States depository institution executed in payment for an agricultural commodity or product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). (b) Depository Institution Defined.--In this section, the term ``depository institution'' means any entity that is engaged primarily in the business of banking (including a bank, savings bank, savings association, credit union, trust company, or bank holding company). SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH RESPECT TO CUBA. (a) In General.--The Secretary of Agriculture shall establish a program to provide information and technical assistance to United States agricultural producers, cooperative organizations, and State agencies that promote the sale of agricultural commodities or products, in order to promote and facilitate exports of United States agricultural commodities or products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000. (b) Technical Assistance To Facilitate Exports.--The Secretary of Agriculture shall maintain on the website of the Department of Agriculture information to assist exporters and potential exporters of United States agricultural commodities or products with respect to Cuba. (c) Authorization of Funds.--The Secretary of Agriculture is authorized to expend such sums as may be available in the Agricultural Export Promotion Trust Fund established under section 9511 of the Internal Revenue Code of 1986 (as added by section 5(b) of this Act). SEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION TRUST FUND. (a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the Internal Revenue Code of 1986 (relating to use of international travel facilities) is amended by adding at the end the following new paragraph: ``(4) Special rule for cuba.--In any case in which the tax imposed by paragraph (1) applies to transportation beginning or ending in Cuba before January 1, 2016, such tax shall be increased by $1.00.''. (b) Agricultural Export Promotion Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. AGRICULTURAL EXPORT PROMOTION 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 `Agricultural Export Promotion Trust Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Agricultural Export Promotion Trust Fund amounts equivalent to the increase in taxes received in the Treasury by reason of section 4261(c)(4). ``(c) Expenditures.--Amounts in the Agricultural Export Promotion Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to the Office of the Secretary of Agriculture for the purposes set out in section 4 of the Promoting American Agricultural and Medical Exports to Cuba Act of 2009.''. (2) Conforming amendment.--Subparagraph (B) of section 9502(b)(1) of such Code is amended by inserting ``(other than by reason of subsection (c)(4) thereof)'' after ``sections 4261''. (3) Clerical amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Agricultural Export Promotion Trust Fund.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to transportation beginning after the 90-day period beginning on the date of the enactment of this Act, except that such amendment shall not apply to amounts paid before the end of such period. SEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED. (a) Sense of Congress.--It is the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States to nationals of Cuba whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of United States agricultural commodities or products pursuant to the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). (b) Periodic Reports.-- (1) In general.--Not later than 45 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State shall submit to the Committee on Finance, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Foreign Relations of the Senate, and the Committee on Agriculture, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives a report on the issuance of visas described in subsection (a). (2) Content of reports.--Each report under paragraph (1) shall contain a full description of each application received from a national of Cuba for a visa to travel to the United States to engage in purchasing activities pursuant to the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and shall describe the disposition of each such application. SEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA. (a) Repeal of Requirement for Onsite Verifications.--Section 1705 of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by striking subsection (d). (b) Rule of Construction.--Nothing in the amendment made by subsection (a) shall be construed to restrict the authority of the President to-- (1) impose export controls with respect to the export of medicines or medical devices under sections 5 or 6 of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. App. 2404 or 2405)); or (2) exercise the authority the President has under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. SEC. 8. TRAVEL TO CUBA. (a) Freedom of Travel for United States Citizens and Legal Residents.--Notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209(b)) and subject to subsection (b)-- (1) the President may not regulate or prohibit, directly or indirectly, travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel; and (2) any regulation in effect on the date of the enactment of this Act that regulates or prohibits travel to or from Cuba by United States citizens or legal residents or transactions incident to such travel shall cease to have any force or effect. (b) Exception.--The restrictions on authority contained in subsection (a) shall not apply in a case in which the United States is at war with Cuba, armed hostilities between the two countries are in progress, or there is imminent danger to the public health or the physical safety of United States citizens or legal residents. (c) Applicability.--This section applies to actions taken by the President-- (1) on or after the date of the enactment of this Act; or (2) before the date of the enactment of this Act which are in effect on such date of enactment. SEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION OF INTELLECTUAL PROPERTY. (a) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (b) Regulations.--The Secretary of the Treasury shall promulgate such regulations as are necessary to carry out the repeal made by subsection (a), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act) applied. (c) Further Regulations.-- (1) In general.--The Secretary of the Treasury shall amend part 515 of title 31, Code of Federal Regulations (commonly referred to as the ``Cuban Assets Control Regulations''), to authorize under general license the transfer or receipt of any trademark or trade name subject to United States law in which a designated national has an interest. (2) Designated national defined.--In this subsection, the term ``designated national'' has the meaning given the term in subsection (d)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act).

Summary: Promoting American Agricultural and Medical Exports to Cuba Act of 2009 - Prohibits the President from restricting direct transfers from a Cuban depository institution to a U.S. depository institution in payment for a product or agricultural commodity authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000. Directs the Secretary of Agriculture to provide information and technical assistance to U.S. agricultural producers, cooperative organizations, or state agencies to promote U.S. agricultural exports products to Cuba. Amends the Internal Revenue Code to: (1) increase the airport ticket tax for transportation between the United States and Cuba by $1; and (2) establish in the Treasury the Agricultural Export Promotion Trust Fund. Expresses the sense of Congress that the Secretary of State should issue temporary entry visas to Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of U.S. agricultural commodities or products. Amends the Democracy Act of 1992 to repeal the requirement for onsite verification of certain medical exports to Cuba. Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions incident to such travel. States that: (1) any regulation restricting or prohibiting such travel shall have no effect; and (2) such prohibition shall not apply in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. citizens or legal residents. Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition on enforcement of rights to certain U.S. intellectual properties and such properties' transfer.


SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 2010''. (b) Amendment of 1986 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 the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. TITLE I--MIDDLE CLASS TAX RELIEF MADE PERMANENT Sec. 101. Middle class tax relief made permanent. Sec. 102. Certain provisions not applicable to high income individuals. Sec. 103. Related amendments. TITLE II--EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS Sec. 201. Increased limitations on expensing by small businesses of certain depreciable assets. TITLE III--EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF Sec. 301. Extension of alternative minimum tax relief for nonrefundable personal credits. Sec. 302. Extension of increased alternative minimum tax exemption amount. TITLE IV--BUDGETARY PROVISION Sec. 401. PAYGO compliance. TITLE I--MIDDLE CLASS TAX RELIEF MADE PERMANENT SEC. 101. MIDDLE CLASS TAX RELIEF MADE PERMANENT. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the following provisions of such Act (and to the amendments made by such provisions): (1) Title I (relating to individual income tax rate reductions). (2) Title II (relating to tax benefits related to children). (3) Title III (relating to marriage penalty relief). (4) Title IV (relating to affordable education provisions). (b) Reduced Rates on Capital Gains and Dividends.--The Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking section 303. SEC. 102. CERTAIN PROVISIONS NOT APPLICABLE TO HIGH INCOME INDIVIDUALS. (a) Individual Income Tax Rates.--Subsection (i) of section 1 is amended by striking paragraph (2), by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (1) the following new paragraphs: ``(2) 25- and 28-Percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), and ``(B) by substituting `28%' for `31%' each place it appears. ``(3) 33-Percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2010-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 36 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1)) (or, in the case of subsection (a), 2 such exemption amounts). ``(C) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $250,000 in the case of subsection (a), ``(ii) $200,000 in the case of subsections (b) and (c), and ``(iii) \1/2\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (E)) in the case of subsection (d). ``(D) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36-percent rate bracket. ``(E) Inflation adjustment.--For purposes of this paragraph, a rule similar to the rule of paragraph (1)(C) shall apply with respect to taxable years beginning in calendar years after 2010, applied by substituting `2008' for `1992' in subsection (f)(3)(B).''. (b) Phaseout of Personal Exemptions and Itemized Deductions.-- (1) Overall limitation on itemized deductions.--Section 68 is amended-- (A) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (B) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (C) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (D) by striking subsections (f) and (g). (2) Phaseout of deductions for personal exemptions.-- (A) In general.--Paragraph (3) of section 151(d) is amended-- (i) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (iii) by striking subparagraphs (E) and (F). (B) Conforming amendment.--Paragraph (4) of section 151(d) is amended-- (i) by striking subparagraph (B), (ii) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (iii) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (c) Reduced Rate on Capital Gains and Dividends.-- (1) In general.--Paragraph (1) of section (1)(h) is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(II) the sum of the amounts on which tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Dividends.--Subparagraph (A) of section 1(h)(11) is amended by striking ``qualified dividend income'' and inserting ``so much of the qualified dividend income as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(ii) taxable income reduced by qualified dividend income.''. (3) Minimum tax.--Section 55 is amended by adding at the end the following new subsection: ``(f) Application of Maximum Rate of Tax on Net Capital Gain of Noncorporate Taxpayers.--In the case of taxable years beginning after December 31, 2010, the amount determined under subparagraph (C) of subsection (b)(3) shall be the sum of-- ``(1) 15 percent of the lesser of-- ``(A) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B) of subsection (b)(3), or ``(B) the excess described in section 1(h)(1)(C)(ii), plus ``(2) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subsection (b)(3)(B) and paragraph (1).''. (4) Conforming amendments.-- (A) The following provisions are amended by striking ``15 percent'' and inserting ``20 percent'': (i) Section 1445(e)(1). (ii) The second sentence of section 7518(g)(6)(A). (iii) Section 53511(f)(2) of title 46, United States Code. (B) Sections 531 and 541 are each amended by striking ``15 percent of'' and inserting ``the product of the highest rate of tax under section 1(c) and''. (C) Section 1445(e)(6) is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2010. (2) Withholding.--The amendments made by subparagraphs (A)(i) and (C) of subsection (c)(4) shall apply to amounts paid on or after January 1, 2011. SEC. 103. RELATED AMENDMENTS. (a) Application of Increase in Refundable Portion of Child Tax Credit.-- (1) In general.--Subsection (d) of section 24 is amended-- (A) by striking ``$10,000'' in paragraph (1)(B)(i) and inserting ``$3,000'', and (B) by striking paragraphs (3) and (4). (2) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2010. (b) Application of Increase in Earned Income Tax Credit.-- (1) In general.--Subparagraph (B) of section 32(b)(2) is amended to read as follows: ``(B) Joint returns.-- ``(i) In general.--In the case of a joint return filed by an eligible individual and such individual's spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000. ``(ii) Inflation adjustment.--In the case of any taxable year beginning after 2010, the $5,000 amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. Subparagraph (A) of subsection (j)(2) shall apply after taking into account any increase under the preceding sentence.''. (2) Conforming amendment.--Subsection (b) of section 32 is amended by striking paragraph (3). (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2010. (c) Application to Adoption Credit and Adoption Assistance Programs.--Subsection (c) of section 10909 of the Patient Protection and Affordable Care Act is amended to read as follows: ``(c) The amendments made by this section shall not apply to taxable years beginning after December 31, 2011.''. TITLE II--EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS SEC. 201. INCREASED LIMITATIONS ON EXPENSING BY SMALL BUSINESSES OF CERTAIN DEPRECIABLE ASSETS. (a) Dollar Limitation.--Subparagraph (C) of section 179(b)(1) is amended by striking ``$25,000'' and inserting ``$125,000''. (b) Threshold at Which Phaseout Begins.--Subparagraph (C) of section 179(b)(2) is amended by striking ``$200,000'' and inserting ``$500,000''. (c) Inflation Adjustment.--Subsection (b) of section 179 is amended by adding at the end the following new paragraph: ``(6) Inflation adjustments.-- ``(A) In general.--In the case of any taxable beginning in a calendar year after 2011, the $125,000 and $500,000 amounts in paragraphs (1)(C) and (2)(C) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.-- ``(i) Dollar limitation.--If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(ii) Phaseout amount.--If the amount in paragraph (2) as increased under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (d) Authority To Revoke Election Made Permanent.--Paragraph (2) of section 179(c) is amended by striking ``and before 2012''. (e) Treatment of Certain Computer Software as Section 179 Property Made Permanent.--Clause (ii) of section 179(d)(1)(A) is amended by striking ``and before 2012''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. TITLE III--EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF SEC. 301. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE PERSONAL CREDITS. (a) In General.--Paragraph (2) of section 26(a) is amended-- (1) by striking ``2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, or 2009'' and inserting ``the period beginning with calendar year 2000 and ending with calendar year 2011'', and (2) by striking ``2009'' in the heading thereof and inserting ``2011''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 302. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 55(d) is amended-- (1) by striking ``($70,950 in the case of taxable years beginning in 2009)'' in subparagraph (A) and inserting ``($72,450 in the case of taxable years beginning in 2010 or 2011)'', and (2) by striking ``($46,700 in the case of taxable years beginning in 2009)'' in subparagraph (B) and inserting ``($47,450 in the case of taxable years beginning in 2010 or 2011)''. (b) Nonapplication of EGTRRA Sunset.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 701 of such Act. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. TITLE IV--BUDGETARY PROVISION SEC. 401. PAYGO COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Summary: Middle Class Tax Relief Act of 2010 - Makes the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2010 (EGTRRA) (i.e., December 31, 2010) inapplicable to provisions of that Act relating to individual income tax rate reductions, tax benefits related to children and adoption, marriage penalty relief, and education. Repeals the terminating date of the Jobs Growth Tax Relief Reconciliation Act of 2003 that applies to reductions in the tax rate for capital gains and dividend income, subject to the income thresholds set forth by this Act.. Amends the Internal Revenue Code to: (1) establish permanent reductions in income tax rates for individual taxpayers whose adjusted gross income is $200,000 or less ($250,000 for married couples filing joint tax returns); (2) allow a permanent exemption from limitations on itemized tax deductions and personal exemptions for individual taxpayers whose adjusted gross income is $200,000 or less ($250,000 for married couples filing joint tax returns); (3) allow a 15% tax rate on capital gains and dividend income for individual taxpayers whose adjusted gross income is $200,000 or less ($250,000 for married couples filing joint tax returns); (4) allow a permanent increase in the refundable portion of the child tax credit; (5) make permanent the increased earned income tax credit and the modifications to such credit enacted by EGTRRA; (6) make permanent the increased ($125,000) expensing allowance for depreciable business and investment property; and (7) extend through 2011 the increased alternative minimum tax (AMT) exemption amounts and the offset against the AMT for certain nonrefundable personal tax credits. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.


SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Renewable Energy Investment Act of 2009''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this subtitle 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 the Internal Revenue Code of 1986. (c) Table of Contents.-- Sec. 1. Short title; etc. TITLE I--INVESTMENT IN RENEWABLE ENERGY Sec. 101. Extension of renewable electricity production credit. Sec. 102. Expansion and extension of new clean renewable energy bonds. Sec. 103. Extension of investment tax credit for certain energy property. Sec. 104. Increase in credit for investment in advanced energy facilities. TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY Sec. 201. Extension of credits for alcohol fuels. Sec. 202. Extension of credits for biodiesel and renewable diesel. TITLE III--INVESTMENT IN ETHANOL Sec. 301. Research in and development of fungible biofuels. TITLE I--INVESTMENT IN RENEWABLE ENERGY SEC. 101. EXTENSION OF RENEWABLE ELECTRICITY PRODUCTION CREDIT. (a) In General.--Subsection (d) of section 45 is amended-- (1) by striking ``January 1, 2013'' in paragraph (1) and inserting ``January 1, 2015'', and (2) by striking ``January 1, 2014'' each place it appears in paragraphs (2), (3), (4), (6), (7), (9), and (11)(B) and inserting ``January 1, 2015''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 102. EXPANSION AND EXTENSION OF NEW CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Paragraph (2) of section 54C(c) is amended by inserting ``, for calendar years 2011, 2012, 2013, and 2014, an additional $500,000,000 for each year, and, except as provided in paragraph (5) for years after 2014, zero,'' after ``$800,000,000''. (b) Carryover of Unused Limitation.--Subsection (c) of section 54C is amended by adding at the end the following new paragraph: ``(5) Carryover of unused limitation.--If for any calendar year-- ``(A) the amount allocated under paragraph (2) for such calendar year, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation, then the limitation amount under paragraph (2) for the following calendar year shall be increased by the amount of such excess.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 2010. SEC. 103. EXTENSION OF INVESTMENT TAX CREDIT FOR CERTAIN ENERGY PROPERTY. (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are each amended by striking ``January 1, 2017'' and inserting ``January 1, 2019''. (b) Fuel Cell Property.--Subparagraph (D) of section 48(c)(1) is amended by striking ``December 31, 2016'' and inserting ``December 31, 2018''. (c) Qualified Small Wind Energy Property.--Subparagraph (C) of section 48(c)(4) is amended by striking ``December 31, 2016'' and inserting ``December 31, 2018''. (d) Geothermal Heat Pump Systems.--Clause (vii) of section 48(a)(3)(A) is amended by striking ``January 1, 2017'' and inserting ``January 1, 2019''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 104. INCREASE IN CREDIT FOR INVESTMENT IN ADVANCED ENERGY FACILITIES. (a) In General.--Subparagraph (B) of section 48C(d)(1) is amended by striking ``$2,300,000,000'' and inserting ``$4,000,000,000''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 1302 of the American Recovery and Reinvestment Tax Act of 2009. TITLE II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY SEC. 201. EXTENSION OF CREDITS FOR ALCOHOL FUELS. (a) In General.--Sections 40, 6426(b)(6), and 6427(e)(6)(A) are each amended by striking ``2010'' each place it appears and inserting ``2011''. (b) Conforming Amendment.--Section 40(e)(1)(B) is amended by striking ``2011'' and inserting ``2012''. (c) Effective Date.--The amendments made by this section shall apply to sales and uses after the date of the enactment of this Act. SEC. 202. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL. (a) In General.--Sections 40A(g), 6426(c)(6), and 6427(e)(6)(B) are each amended by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2011''. (b) Effective Date.--The amendments made by this section shall apply to sales and uses after the date of the enactment of this Act. TITLE III--INVESTMENT IN ETHANOL SEC. 301. RESEARCH IN AND DEVELOPMENT OF FUNGIBLE BIOFUELS. There is authorized to be appropriated for advanced biofuels research, development, and demonstration that will create fuels that are fungible in existing infrastructure $100,000,000.

Summary: Renewable Energy Investment Act of 2009 - Amends the Internal Revenue Code to: (1) extend through 2014 the tax credit for producing electricity from renewable resources; (2) increase and extend through 2014 the authority for issuing new clean renewable energy bonds; (3) extend through 2018 the energy tax credit for investment in solar energy and fuel cell property, small wind energy property, and geothermal heat pump systems; (4) increase the energy tax credit for investment in advanced energy facilities; and (5) extend through 2011 the income and excise tax credits for alcohol fuels, biodiesel, and renewable diesel. Authorizes appropriations for advanced biofuels research, development, and demonstration that will create fuels that are fungible in existing infrastructure.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Waiver Program Security Enhancement Act''. SEC. 2. VISA REQUIRED FOR ALIENS WHO RECENTLY TRAVELED TO IRAQ, SYRIA, OR CERTAIN OTHER DESTINATIONS. Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)) is amended by adding at the end the following: ``(12) Visa required for aliens who have recently traveled to iraq or syria.-- ``(A) In general.--A national of a program country is ineligible to travel to the United States under the program if the national has traveled to Iraq or to Syria at any time during the most recent 5-year period. ``(B) Other travel restrictions.--The Secretary of Homeland Security may prohibit a national of a program country from traveling to the United States under the program if the Secretary determines that such national has traveled during the past 5 years to a country in which-- ``(i) a designated foreign terrorist organization has a significant presence; and ``(ii) prohibiting such national from traveling to the United States under the program is in the national security interests of the United States. ``(C) Rule of construction.--Nothing in this paragraph may be construed to otherwise limit the authority of the Secretary of Homeland Security.''. SEC. 3. ELECTRONIC PASSPORTS REQUIRED FOR VISA WAIVER PROGRAM. (a) Requiring the Universal Use of Electronic Passports for Participating Visa Waiver Program Countries.-- (1) In general.--Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-- (A) in subsection (a), by amending paragraph (3) to read as follows: ``(3) Machine-readable, electronic passport.--The alien, at the time of application for admission, is in possession of a valid, unexpired, tamper-resistant, machine-readable passport that incorporates biometric and document authentication identifiers that comply with the applicable biometric and document identifying standards established by the International Civil Aviation Organization.''; and (B) in subsection (c)(2), by amending subparagraph (B) to read as follows: ``(B) Machine-readable, electronic passport program.--The government of the country certifies that it issues to its citizens machine-readable, electronic passports that comply with the requirements set forth in subsection (a)(3).''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on the date that is 90 days after the date of the enactment of this Act. (3) Certification requirement.--Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732(c)) is amended-- (A) in paragraph (1), by striking ``Not later than October 26, 2005, the'' and inserting ``The''; and (B) by amending paragraph (2) to read as follows: ``(2) Use of technology standard.--Any alien applying for admission under the Visa Waiver Program established under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) shall present a passport that meets the requirements described in paragraph (1).''. SEC. 4. INFORMATION SHARING AND COOPERATION BY VISA WAIVER PROGRAM COUNTRIES. (a) Required Information Sharing for Visa Waiver Program Countries.-- (1) Information sharing agreements.-- (A) Full implementation.--Section 217(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(F)) is amended by inserting ``, and fully implements within the time frame determined by the Secretary of Homeland Security,'' after ``country enters into''. (B) Federal air marshal agreement.--Section 217(c) of such Act, as amended by subparagraph (A), is further amended-- (i) in paragraph (2), by adding at the end the following: ``(G) Federal air marshal agreement.--The government of the country enters into, and complies with, an agreement with the United States to assist in the operation of an effective Air Marshal Program. ``(H) Aviation standards.--The government of the country complies with United States aviation and airport security standards, as determined by the Secretary of Homeland Security.''; and (ii) in paragraph (9)-- (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (C) Failure to fully implement information sharing agreement.--Section 217(c)(5) of such Act (8 U.S.C. 1187(c)(5)) is amended-- (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: ``(C) Failure to fully implement information sharing agreement.-- ``(i) Determination.--If the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the government of a program country has failed to fully implement the agreements set forth in paragraph (2)(F), the country shall be terminated as a program country. ``(ii) Redesignation.--Not sooner than 90 days after the Secretary of Homeland Security, in consultation with the Secretary of State, determines that a country that has been terminated as a program country pursuant to clause (i) is now in compliance with the requirement set forth in paragraph (2)(F), the Secretary of Homeland Security may redesignate such country as a program country.''. (2) Advance passenger information earlier than 1 hour before arrival.-- (A) In general.--Section 217(a)(10) of such Act (8 U.S.C. 1187(a)(10)) is amended by striking ``not less than one hour prior to arrival'' and inserting ``as soon as practicable, but not later than 1 hour before arriving''. (B) Technical amendment.--Section 217(c)(3) of such Act is amended, in the matter preceding subparagraph (A), by striking ``the initial period'' and inserting ``fiscal year 1989''. (b) Factors the Department of Homeland Security Shall Consider for Visa Waiver Countries.-- (1) Consideration of country's capacity to identify dangerous individuals.--Section 217(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(4)), is amended to read as follows: ``(4) Required security considerations for program designation and continuation.--In determining whether a country should be designated as a program country or whether a program country should retain its designation as a program country, the Secretary of Homeland Security shall consider the following: ``(A) Capacity to collect, analyze, and share data concerning dangerous individuals.--Whether the government of the country-- ``(i) collects and analyzes the information described in subsection (a)(10), including advance passenger information and passenger name records, and similar information pertaining to flights not bound for the United States, to identify potentially dangerous individuals who may attempt to travel to the United States; and ``(ii) shares such information and the results of such analyses with the Government of the United States. ``(B) Screening of traveler passports.--Whether the government of the country-- ``(i) regularly screens passports of air travelers against INTERPOL's global database of Stolen and Lost Travel Documents before allowing such travelers to enter or board a flight arriving in or departing from that country, including a flight destined for the United States; and ``(ii) regularly and promptly shares information concerning lost or stolen travel documents with INTERPOL. ``(C) Biometric exchanges.--Whether the government of the country, in addition to meeting the mandatory qualifications set forth in paragraph (2)-- ``(i) collects and analyzes biometric and other information about individuals other than United States nationals who are applying for asylum, refugee status, or another form of non- refoulment protection in such country; and ``(ii) shares the information and the results of such analyses with the Government of the United States. ``(D) Information sharing about foreign terrorist fighters.--Whether the government of the country shares intelligence about foreign fighters with the United States and with multilateral organizations, such as INTERPOL and EUROPOL.''. (2) Failure to report stolen passports.--Section 217(f)(5) of such Act is amended by inserting ``frequently and promptly'' before ``reporting the theft''. SEC. 5. BIOMETRIC SUBMISSION BEFORE ENTRY. (a) In General.--Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)), as amended by section 2, is further amended by adding at the end the following: ``(13) Submission of biometric information.--The Secretary of Homeland Security shall ensure that each alien traveling to the United States under an approved Electronic System for Travel Authorization has submitted biometric information, including photographs and fingerprints, before boarding a conveyance bound for the United States.''. (b) Implementation of Biometric Submission.-- (1) Prioritization.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall prioritize the implementation of the requirements under section 217(a)(13) of the Immigration and Nationality Act, as added by subsection (a), in Visa Waiver Program countries that have a significant number of nationals who have traveled to fight with, or to assist, the group known as the Islamic State of Iraq and the Levant (ISIL). (2) Effective date.--The requirements referred to in paragraph (1) shall take effect for all Visa Waiver Program countries not later than 1 year after the date of the enactment of this Act, except that the Secretary of Homeland Security may extend the effective date for additional periods of 6 months (not to exceed a total of 24 months) for particular countries if the Secretary determines that an extension for such a country does not present a significant risk to the national security of the United States. (3) Inclusion of biometric information.--Not later than 5 years after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that the information submitted under section 217(a)(13) of the Immigration and Nationality Act includes photographs and fingerprints. (4) Compliance.--The Secretary of Homeland Security may determine that a Visa Waiver Program country is in compliance with section 217(a)(13) of the Immigration and Nationality Act, as added by subsection (a), if the country signs and implements an agreement-- (A) to collect biometric information from each individual seeking to travel to the United States through the Visa Waiver Program and to share such information with the United States; (B) to compare the biometric information described in subparagraph (A) against the information, including the biometric information, on the prospective traveler's machine readable, electronic passport, before the prospective traveler boards a conveyance bound for the United States; and (C) to inform the Department of Homeland Security of-- (i) the results of the comparison described in subparagraph (B) before the prospective traveler boards a conveyance bound for the United States, and (ii) any other information indicating that the prospective traveler may pose a threat to the United States. SEC. 6. VISA WAIVER PROGRAM ADMINISTRATION. Section 217(h)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)) is amended-- (1) in clause (i), by amending subclause (II) to read as follows: ``(II) an amount to ensure recovery of the full costs of providing and administering the System and implementing the improvements to the program provided in the Visa Waiver Program Security Enhancement Act.''; and (2) by amending clause (ii) to read as follows: ``(ii) Disposition of amounts collected.-- Amounts collected under clause (i)(I) shall be credited to the Travel Promotion Fund established under subsection (d) of the Trade Promotion Act of 2009 (22 U.S.C. 2131(d)). Amounts collected under clause (i)(II) shall be transferred to the general fund of the Treasury and made available to pay the costs incurred to administer the System and the improvements made by the Visa Waiver Program Security Enhancement Act. The portion of the fee collected under clause (i)(II) to recover the costs of implementing such improvements may only be used for that purpose.''.

Summary: Visa Waiver Program Security Enhancement Act This bill amends the Immigration and Nationality Act regarding the visa waiver program to prohibit a national of a program country who has traveled to Iraq or Syria at any time during the most recent five-year period from traveling to the United States without a visa. The Department of Homeland Security (DHS) may prohibit a national of a program country from traveling to the United States under the program if the national has traveled during the past five years to a country in which: (1) a designated foreign terrorist organization has a significant presence, and (2) prohibiting the national from traveling to the United States under the program is in U.S. national security interests. An alien must, at the time of application for program admission, have a valid, unexpired, tamper-resistant, machine-readable passport that incorporates biometric and document authentication identifiers that comply with standards of the International Civil Aviation Organization. Any alien applying for program admission must have a passport that meets these requirements. (The exception for pre-October 26, 2005, passports under the Enhanced Border Security and Visa Entry Reform Act of 2002 is eliminated.) A program country must: (1) enter into and comply with an agreement with the United States to assist in the operation of an air marshal program, and (2) comply with U.S. aviation and airport security standards. A country that does not fully implement information sharing agreements shall be terminated from the program. In determining whether to designate a country as a program country or whether a program country should retain its designation DHS shall consider: the country's capacity to collect, analyze, and share data concerning dangerous individuals; the country's screening and sharing of lost or stolen passport information; whether the country collects, analyzes, and shares biometric and other information about individuals other than U.S. nationals who are applying for asylum, refugee status, or another form of non-refoulement protection in such country; and whether a country shares intelligence about foreign fighters with the United States and with multilateral organizations. DHS shall: ensure that each alien traveling to the United States under an approved electronic system for travel authorization has submitted biometric information, including photographs and fingerprints, before boarding a U.S.-bound conveyance; prioritize implementation of these biometric requirements in program countries that have a significant number of nationals who have traveled to fight with, or to assist, the Islamic State of Iraq and the Levant (ISIL); and ensure within five years that such biometric information includes photographs and fingerprints. DHS may determine that a program country is in compliance with such biometric requirements if the country implements an agreement meeting specified criteria. Program fee provisions are revised.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Taking Our Health Privacy (STOHP) Act of 2002''. SEC. 2. FINDINGS. The Congress finds as follows: (1) People in the United States are deeply concerned about the confidentiality of their health information. According to a recent survey conducted by the Princeton Survey Research Associates, 1 in 6 people in the United States has done something out of the ordinary to keep personal health information confidential, including withholding information, providing inaccurate information, or, in some cases, avoiding care entirely. (2) Pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1936 et seq.) (commonly referred to as ``HIPAA''), the Clinton Administration issued comprehensive medical privacy regulations which were promulgated in final form in December 2000. (3) Such regulations established a sound foundation of privacy protections by prohibiting the use or disclosure of an individual's health information unless specifically authorized by the regulations or by the individual. The regulations also provided individuals with the right to be notified of the privacy practices of health plans, health care providers, and health care clearinghouses regarding disclosure of their health information, the right to access and copy their own health records, and the right to request corrections of their health records, among other provisions. (4) Such regulations took effect in April 2001 and require health care providers, health plans (other than small health plans) and health care clearinghouses to comply not later than April 2003. (5) In August 2002, the Bush Administration issued a final rule that significantly weakened medical privacy protections in the December 2000 medical privacy rule. (6) The Bush Administration undermined medical privacy protections by eliminating the rule's requirement that covered entities obtain patient consent before using and disclosing patient health information for treatment, payment, and health care operations. This change means that patients' medical records can be used and disclosed without their permission for a wide range of purposes including business activities that have nothing to do with the treatment of a patient, such as the sale or merger of a health maintenance organization. This change also allows the use and disclosure of information in existing medical records even though patients disclosed the information with the understanding and expectation that it would not be further used or disclosed without their consent. The elimination of consent compromises the confidentiality at the heart of physician-patient relationships, which is indispensable for the delivery of high-quality, thorough care. (7) The Bush Administration also undermined medical privacy protections by expanding the circumstances under which patients' information can be shared without their knowledge or consent to include activities that consumers typically consider marketing. This change was accomplished by narrowing the scope of activities that are regulated by the provisions of the rule governing marketing. Under this change, pharmacies and other providers can use a consumer's medical information without consent to mail the consumer unsolicited drug product recommendations, without having to disclose fees paid by drug companies for sending such communications or provide the consumer an opportunity to decline to receive such communications in the future. (8) The Bush Administration further undermined medical privacy protections by changing the language in the section of the rule governing public health to allow the disclosure of medical information without patient permission to entities regulated by the Food and Drug Administration, such as pharmaceutical companies and medical device manufacturers, for an expanded and broad range of purposes which may include marketing campaigns. In contrast, the December 2000 rule allowed nonconsensual disclosure of patient health information for an exclusive list of public health related activities, such as for the purpose of reporting serious side effects from a prescription drug to the Food and Drug Administration. (9) Reversal of the Bush Administration's changes to the December 2000 medical privacy rule is integral to any effort to ensure medical privacy protection for consumers and preserve access to high-quality health care in the United States. (10) Core medical privacy protections of the December 2000 medical privacy rule should be restored by-- (A) reinstating the patient consent requirement for treatment, payment, and health care operations, while ensuring that the requirement does not impede important health care activities such as filling pharmaceutical prescriptions and making referrals; (B) returning to the December 2000 definition of ``marketing'' and thus ensuring that activities typically considered marketing, such as drug companies paying pharmacies to send product recommendations to patients, fall under the rule's privacy protections relating to the use of patient health information for marketing activities; and (C) eliminating the broad ``public health'' exemption created by the August 2002 rule. SEC. 3. PURPOSE. The purpose of this Act is to restore patient privacy protections essential for high-quality health care that were undermined by the Bush Administration's August 2002 modifications of the December 2000 medical privacy rule. SEC. 4. RESTORATION OF PRIVACY PROTECTIONS. (a) Consent for Uses or Disclosures To Carry Out Treatment, Payment, or Health Care Operations.-- (1) In general.--The modifications made to section 164.506 of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect. (2) Clarification regarding instances when consent is not required.--In addition to the circumstances described in the December 2000 medical privacy rule, and notwithstanding any provision to the contrary, such section 164.506 shall be construed and applied so as to permit a health care provider to use or disclose an individual's protected health information without obtaining the prior consent of the individual in the following circumstances: (A) A health care provider may use or disclose an individual's protected health information to fill or dispense a prescription, search for drug interactions related to that prescription, and determine eligibility and obtain authorization for payment regarding that prescription, if the health care provider obtains written consent from the individual as soon as practicable. (B) A health care provider may use or disclose an individual's protected health information to carry out treatment of that individual if-- (i) the individual and the health care provider have not had in-person communication regarding such treatment; (ii) obtaining consent would be impracticable; (iii) the health care provider determines, in the exercise of professional judgment, that the individual's consent is clearly inferred from the circumstances, such as an order or referral from another health care provider; and (iv) the health care provider obtains written consent from the individual as soon as practicable. (b) Marketing.-- (1) In general.--The modifications made by the August 2002 medical privacy rule to the definition of the term ``marketing'' in section 164.501 of title 45, Code of Federal Regulations, shall have no force or effect. (2) Treatment of certain communications.--The exception for oral communications in paragraph (2)(i) of the definition of the term ``marketing'' in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule, shall have no force or effect. (3) Authorizations for marketing.--Section 164.508 of title 45, Code of Federal Regulations, shall be construed and applied so as to require that, if an authorization is required for a use or disclosure for marketing, the authorization shall be considered invalid unless it-- (A) uses the term ``marketing''; (B) states that the purpose of the use or disclosure involved is marketing; (C) describes the specific marketing uses and disclosures authorized, including whether the protected health information involved-- (i) may be used for purposes internal to the covered entity; (ii) may be disclosed to, and used by, a business associate of the covered entity; and (iii) may be disclosed to, and used by, any person or entity other than a business associate of the covered entity; and (D) states that the use or disclosure of protected health information for marketing will directly result in remuneration to the covered entity from a third party, in any case in which a covered entity expects, or reasonably should expect, that such remuneration will occur. (c) Public Health.--The modifications made to section 164.512(b)(1)(iii) of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect. SEC. 5. DEFINITIONS; EFFECTIVE DATE. (a) In General.--For purposes of this Act: (1) December 2000 medical privacy rule.--The term ``December 2000 medical privacy rule'' means the final rule on standards for privacy of individually identifiable health information published on December 28, 2000, in the Federal Register (65 Fed. Reg. 82462), including the provisions of title 45, Code of Federal Regulations, revised or added by such rule. (2) August 2002 medical privacy rule.--The term ``August 2002 medical privacy rule'' means the final rule, published on August 14, 2002, in the Federal Register (67 Fed. Reg. 53182), that modified the December 2000 medical privacy rule. (b) Other Terms Defined.--For purposes of this Act: (1) Business associate; covered entity; health care provider.--The terms ``business associate'', ``covered entity'', and ``health care provider'' shall have the meaning given such terms in section 160.103 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (2) Disclosure; individual, protected health information; treatment; use.--The terms ``disclosure'', ``individual'', ``protected health information'', ``treatment'', and ``use'' shall have the meaning given such terms in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (c) Effective Date; No Regulations Required.--This Act shall take effect on the date of the enactment of this Act and does not require the issuance of regulations.

Summary: Stop Taking Our Health Privacy (STOHP) Act of 2002 - Declares that modifications made by an August 14, 2002, final rule affecting medical privacy to a Code of Federal Regulations (CFR) section concerning consent for uses or disclosures to carry out treatment, payment, or health care operations shall have no force or effect. Directs that such CFR section shall be construed and applied to permit a health care provider to use or disclose an individual's protected health information without prior consent under specified circumstances, provided that the provider obtains written consent from the individual as soon as practicable.Declares that a CFR section dealing with uses and disclosures for which an authorization is required shall be construed and applied so that an authorization shall be invalid unless it meets specified criteria, including that it describes the specific marketing uses and disclosures authorized.States that the modifications made by the August 14 final rule dealing with permitted disclosures for public health activities shall have no force or effect.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Reconstruction Study Area Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Reconstruction Era, during which Congress adopted the 13th amendment ending slavery, the 14th amendment guaranteeing civil rights, and the 15th amendment guaranteeing voting rights to all citizens of the United States, saw the occurrence of a transforming series of events in the history of the United States. (2) Beaufort, South Carolina, and the surrounding sea islands-- (A) contain significant historical and archaeological sites associated with the Reconstruction Era; and (B) offer a unique opportunity for preserving and interpreting the Reconstruction Era. (3) The first African-Americans to hear the reading of Abraham Lincoln's Emancipation Proclamation assembled on January 1, 1863, at the Old Fort Plantation on the Beaufort River in the State of South Carolina. (4) The Penn School, a national historic landmark located on St. Helena Island, South Carolina-- (A) was the first educational experiment of the Reconstruction Era and the eventual end of chattel slavery; and (B) remains 1 of the most significant African- American cultural and educational institutions in the United States. (5) The Freedmen's Bureau, located in the restored Beaufort College, served as the chief policy arm of the Federal Government for matters related to emancipated slaves during the Reconstruction Era. (6) Beaufort County, South Carolina, and the surrounding sea islands have many other noteworthy historic buildings and archaeological sites, including-- (A) buildings and sites associated with Robert Smalls, a former slave who-- (i) became a hero to the Union cause when he and several slaves seized control of the armed Confederate ship on which they served and then turned the ship over to the Union navy; and (ii) represented the State of South Carolina in the House of Representatives during the Reconstruction Era; (B) the first Freedmen's Village of Mitchellville on Hilton Head Island, South Carolina; (C) Camp Sexton, the site of the first African- American regiment mustered in the United States Army; and (D) Penn School and Beaufort College. (7) The National Park System does not have a park or historic site that focuses primarily on the preservation and interpretation of the Reconstruction Era. (8) The Reconstruction Era was a period of deep cultural, political, and economic division in the United States, and it is necessary to better understand this complex period of history and the continuing impact of this period on the United States. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (2) Study area.-- (A) In general.--The term ``study area'' means the area comprised of historical sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era. (B) Inclusions.--The term ``study area'' includes the following: (i) The Penn School. (ii) The Old Fort Plantation on the Beaufort River. (iii) The Freedmen's Bureau in Beaufort College. (iv) The First Freedmen's Village of Mitchellville on Hilton Head Island. (v) Various historic buildings and archaeological sites associated with Robert Smalls. (vi) The Beaufort Arsenal. (vii) other significant sites relating to the Reconstruction Era. SEC. 4. STUDY. (a) In General.--The Secretary shall complete a study of the study area to assess the suitability and feasibility of designating the study area as a unit of the National Park System. (b) Applicable Law.--The study required under subsection (a) shall be conducted in accordance with Public Law 91-383 (16 U.S.C. 1a-1 et seq.). SEC. 5. REPORT. As soon as practicable after the study under section 4 is completed, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings of the study and any conclusions and recommendations of the Secretary.

Summary: National Reconstruction Study Area Act - Directs the Secretary of the Interior to study and report on the suitability and feasibility of designating an area comprised of historical sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era as a unit of the National Park System.


SECTION 1. POSTHUMOUS CITIZENSHIP FOR TERRORIST ATTACK VICTIMS. (a) Permitting Granting of Posthumous Citizenship.--Notwithstanding any provision of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), the Attorney General shall provide, in accordance with this section, for the granting of posthumous citizenship, as of September 10, 2001, to a person described in subsection (b), if the Attorney General approves an application for such citizenship filed under subsection (e). (b) Noncitizens Eligible for Posthumous Citizenship.--A person referred to in subsection (a) is a person who-- (1) while an alien or a noncitizen national of the United States, died as a result of an injury incurred in one or more of the events described in subsection (c); (2) was not culpable for any of such events; and (3) on September 11, 2001-- (A) had pending an application for naturalization, or for a certificate of citizenship, filed with the Attorney General by the person; or (B) was the beneficiary of a pending application for naturalization filed with the Attorney General by a parent of the person. (c) Events Described.-- (1) In general.--The events described in this subsection are the following: (A) The hijacking of American Airlines Flight 11 on September 11, 2001, the crash of that aircraft into the World Trade Center in New York, New York, and the subsequent destruction that resulted. (B) The hijacking of United Airlines Flight 175 on such date, the crash of that aircraft into the World Trade Center in New York, New York, and the subsequent destruction that resulted. (C) The hijacking of American Airlines Flight 77 on such date, the crash of that aircraft into the Pentagon in Arlington, Virginia, and the subsequent destruction that resulted. (D) The hijacking of United Airlines Flight 93 on such date, and the crash of that aircraft in Stony Creek Township, Pennsylvania. (2) Response personnel included.--Any person who died as a result of an injury incurred while assisting in the emergency response to an event described in paragraph (1) (such as military personnel, law enforcement officers, firefighters, emergency management personnel, search and rescue personnel, medical personnel, engineers and other personnel providing technical assistance, and volunteers) shall be considered to have died as a result of an injury incurred in such event. (d) Requirements.-- (1) In general.--Unless otherwise provided by this section, no person may be granted posthumous citizenship under this section who would not otherwise have been eligible for naturalization on the date of the person's death. Unless otherwise provided by this section, any provision of law that specifically bars or prohibits a person from being naturalized as a citizen of the United States shall be applied to the granting of posthumous citizenship under this section. (2) Waiver of english language and government requirements.--Notwithstanding section 312 of the Immigration and Nationality Act (8 U.S.C. 1423), or any similar provision of law requiring that a person demonstrate an understanding of the English language or a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States in order to be naturalized, no such demonstration shall be required for the granting of posthumous citizenship under this section. (3) Waiver of oath.--No oath of renunciation or allegiance shall be required for the granting of posthumous citizenship under this section. (4) Investigation of applicants; examination of applications.--To the maximum extent practicable, the investigation and examination described in section 335 of the Immigration and Nationality Act (8 U.S.C. 1446) shall be conducted with respect to an application described in subsection (b)(3) in the same manner as they otherwise would have been conducted if the subject of the application had not died. (e) Requests for Posthumous Citizenship.--A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of the person only by the next of kin (as defined by the Attorney General) or another representative (as defined by the Attorney General), and must be filed not later than 2 years after the later of-- (1) the date of the enactment of this section; or (2) the date of the person's death. (f) Documentation of Posthumous Citizenship.--If the Attorney General approves such a request to grant a person posthumous citizenship, the Attorney General shall send to the individual who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States on and after September 10, 2001. (g) No Benefits to Survivors.--Nothing in this section shall be construed as providing for any benefits under the Immigration and Nationality Act for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section.

Summary: Directs the Attorney General to provide for the granting of posthumous citizenship, as of September 12, 2001, to certain nonculpable aliens or noncitizen nationals otherwise eligible for naturalization who died as a result of the hijackings of four airliners, the attacks on the World Trade Center and the Pentagon, or as a result of injuries sustained while assisting in the emergency response to the events of September 11, 2001.