Input:
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.

Output:
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.


Input:
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.

Output:
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.


Input:
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.''.

Output: 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.


Input:
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.

Output: 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.


Input:
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.

Output: 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.


Input:
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.

Output: 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.


Input:
SECTION 1. DISPLAY OF WOMEN VETERANS BILL OF RIGHTS.

    (a) Display.--The Secretary of Veterans Affairs shall ensure that
the Women Veterans Bill of Rights described in subsection (b) is
printed on signs in accessible formats and displayed prominently and
conspicuously in each facility of the Department of Veterans Affairs
and distributed widely to women veterans.
    (b) Women Veterans Bill of Rights.--The Women Veterans Bill of
Rights described in this subsection is a sign stating that women
veterans should have the following rights:
            (1) The right to a coordinated, comprehensive, primary
        women's health care, at every Department of Veterans Affairs
        medical facility, including the recognized models of best
        practices, systems, and structures for care delivery that
        ensure that every woman veteran has access to a Department of
        Veterans Affairs primary care provider who can meet all her
        primary care needs, including gender-specific, acute and
        chronic illness, preventive, and mental health care.
            (2) The right to be treated with dignity and respect at all
        Department of Veterans Affairs facilities.
            (3) The right to innovation in care delivery promoted and
        incentivized by the Veterans Health Administration to support
        local best practices fitted to the particular configuration and
        women veteran population.
            (4) The right to request and get treatment by clinicians
        with specific training and experience in women's health issues.
            (5) The right to enhanced capabilities of medical
        providers, clinical support, non-clinical, and administrative,
        to meet the comprehensive health care needs of women veterans.
            (6) The right to request and expect gender equity in
        provision of clinical health care services.
            (7) The right to equal access to health care services as
        that of their male counterparts.
            (8) The right to parity to their male veteran counterpart
        regarding the outcome of performance measures of health care
        services.
            (9) The right to be informed, through outreach campaigns,
        of benefits under laws administered by the Secretary of
        Veterans Affairs and to be included in Department outreach
        materials for any benefits and service to which they are
        entitled.
            (10) The right to be featured proportionately, including by
        age and ethnicity, in Department outreach materials, including
        electronic and print media that clearly depict them as being
        the recipient of the benefits and services provided by the
        Department.
            (11) The right to be recognized as an important separate
        population in new strategic plans for service delivery within
        the health care system of the Department of Veterans Affairs.
            (12) The right to equal consideration in hiring and
        employment for any job to which they apply.
            (13) The right to equal consideration in securing Federal
        contracts.
            (14) The right to equal access and accommodations in
        homeless programs that will meet their unique family needs.
            (15) The right to have their claims adjudicated equally,
        fairly, and accurately without bias or disparate treatment.
            (16) The right to have their military sexual trauma and
        other injuries compensated in a way that reflects the level of
        trauma sustained.
            (17) The right to expect that all veteran service officers,
        especially those who are trained by the Department of Veterans
        Affairs Training Responsibility Involvement Preparation program
        for claims processing, are required to receive training to be
        aware of and sensitive to the signs of military sexual trauma,
        domestic violence, and personal assault.
            (18) The right to the availability of female personnel to
        assist them in the disability claims application and appellate
        processes of the Department.
            (19) The right to the availability of female compensation
        and pension examiners.
            (20) The right to expect specialized training be provided
        to disability rating personnel regarding military sexual trauma
        and gender-specific illnesses so that these claims can be
        adjudicated more accurately.
            (21) The right to expect the collection of gender-specific
        data on disability ratings, for the performance of longitudinal
        and trend analyses, and for other applicable purposes.
            (22) The right to a method to identify and track outcomes
        for all claims involving personal assault trauma, regardless of
        the resulting disability.
            (23) The right for women veterans' programs and women
        veteran coordinators to be measured and evaluated for
        performance, consistency, and accountability.
            (24) The right to burial benefits under the laws
        administered by the Secretary of Veterans Affairs.

SEC. 2. DISPLAY OF INJURED AND AMPUTEE VETERANS BILL OF RIGHTS.

    (a) Display.--The Secretary of Veterans Affairs shall ensure that
the Injured and Amputee Veterans Bill of Rights described in subsection
(b) is printed on signs in accessible formats and displayed prominently
and conspicuously in each prosthetics and orthotics clinic of the
Department of Veterans Affairs.
    (b) Injured and Amputee Veterans Bill of Rights.--The Injured and
Amputee Veterans Bill of Rights described in this subsection is a
statement that injured and amputee veterans should have the following
rights:
            (1) The right to access the highest quality prosthetic and
        orthotic care, including the right to the most appropriate
        technology and best qualified practitioners.
            (2) The right to continuity of care in the transition from
        the Department of Defense health program to the Department of
        Veterans Affairs health care system, including comparable
        benefits relating to prosthetic and orthotic services.
            (3) The right to select the practitioner that best meets
        their orthotic and prosthetic needs, whether or not that
        practitioner is an employee of the Department of Veterans
        Affairs, a private practitioner who has entered into a contract
        with the Secretary of Veterans Affairs to provide prosthetic
        and orthotic services, or a private practitioner with
        specialized expertise.
            (4) The right to consistent and portable health care,
        including the right to obtain comparable services and
        technology at any medical facility of the Department of
        Veterans Affairs across the country.
            (5) The right to timely and efficient prosthetic and
        orthotic care, including a speedy authorization process with
        expedited authorization available for veterans visiting from
        another area of the country.
            (6) The right to play a meaningful role in rehabilitation
        decisions, including the right to receive a second opinion
        regarding prosthetic and orthotic treatment options.
            (7) The right to receive appropriate treatment, including
        the right to receive both a primary prosthesis or orthosis and
        a functional spare.
            (8) The right to be treated with respect and dignity and
        have an optimal quality of life both during and after
        rehabilitation.
            (9) The right to transition and readjust to civilian life
        in an honorable manner, including by having ample access to
        vocational rehabilitation, employment programs, and housing
        assistance.
    (c) Monitoring and Resolution of Complaints.--
            (1) In general.--The Secretary of Veterans Affairs, acting
        through the veteran liaison at each medical center of the
        Department of Veterans Affairs, shall collect information
        relating to the alleged mistreatment of injured and amputee
        veterans.
            (2) Quarterly reports.--For each fiscal quarter, the
        veteran liaison at each medical center of the Department shall
        submit to the Chief Consultant of Prosthetics and Sensory Aids
        of the Department a report on any information collected under
        paragraph (1) during that quarter.
            (3) Investigation and addressing of complaints.--The Chief
        Consultant, in cooperation with appropriate employees of a
        medical center of the Department, shall investigate and address
        any information collected under paragraph (1) at that medical
        center.

SEC. 3. EDUCATION AND OUTREACH.

    (a) Education of Department Employees.--The Secretary of Veterans
Affairs shall ensure that--
            (1) all employees of the Department of Veterans Affairs
        receive training on the Women Veterans Bill of Rights described
        in section 1; and
            (2) employees of the Department who work at prosthetics and
        orthotics clinics and who work as patient advocates with
        veterans who receive care at such clinics, including Federal
        recovery coordinators and case managers, receive training on
        the Injured and Amputee Veterans Bill of Rights described in
        section 2.
    (b) Outreach to Veterans.--The Secretary of Veterans Affairs shall
conduct outreach to inform veterans about the Women Veterans Bill of
Rights described in section 1 and the Injured and Amputee Veterans Bill
of Rights described in section 2 by--
            (1) ensuring that such Bills of Rights are available on the
        Internet website of the Department of Veterans Affairs; and
            (2) conducting other types of outreach targeted at specific
        groups of veterans, which may include outreach conducted on
        other Internet websites or through veterans service
        organizations.

SEC. 4. EXCLUSION OF CERTAIN SERVICES.

    Nothing in this Act shall be construed to establish a right to any
service excluded under 38 CFR 17.38, as in effect on the date of the
enactment of this Act.

            Passed the House of Representatives November 30, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Directs the Secretary of Veterans Affairs (VA) to ensure that the Women Veterans Bill of Rights is printed on signs in accessible formats and displayed prominently in each VA facility and distributed widely to such veterans.

Enumerates health care rights to be included in the Bill of Rights, including the right to: (1) coordinated, comprehensive, primary women's health care at every VA medical facility; (2) treatment by clinicians with specific training and experience in women's health issues; and (3) gender equity in access to and the provision of clinical health care services.

Directs the Secretary to ensure that the Injured and Amputee Veterans Bill of Rights is printed on signs in accessible formats and displayed prominently in each VA prosthetics and orthotics clinic.

Enumerates rights to be included in such Bill of Rights, including the right to: (1) access the highest quality prosthetic and orthotic care; (2) select the practitioner that best meets their prosthetic and orthotic needs; and (3) timely and efficient prosthetic and orthotic care. Requires the Secretary to collect information relating to alleged mistreatment of injured and amputee veterans.

Directs the Secretary to: (1) ensure that all VA employees receive training on the Women Veterans Bill of Rights, and that appropriate VA employees receive training on the Injured and Amputee Veterans Bill of Rights; and (2) conduct outreach to inform veterans about both Bills of Rights, and to make them available on the VA Internet website.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Common Sense Prison Work and Victim
Restitution Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) work is inherently American and honorable;
            (2) work is of fundamental importance to any orderly
        society which reveres such common values as responsibility,
        independence, and respect for others;
            (3) in order to reduce recidivism, provide restitution to
        victims, reparations to communities, and promote the values of
        responsibility, independence, and respect for others, the
        Federal Government should enact policies which expand work,
        educational, and life skills opportunities for prisoners
        incarcerated in Federal and State penal institutions;
            (4) American taxpayers are justified to expect that
        prisoners reimburse the United States Treasury for the cost of
        their incarceration, and in addition, that prisoners should
        make monetary restitution to a fund which benefits the victims
        of crime;
            (5) prisoners should be prohibited from engaging in certain
        types of activities which are not healthy and conducive to
        their successful rehabilitation and restitution;
            (6) prisoners should not have access to certain amenities
        which are unnecessary, enhance leisure activities, or do not
        promote successful rehabilitation;
            (7) existing Federal laws limit prisoners from engaging in
        work, and do not impose mandatory work requirements for
        prisoners;
            (8) existing barriers to prisoner labor should be removed
        and Federal laws should be strengthened to ensure that
        prisoners, their victims, taxpayers, and society in general
        reap the maximum benefits and positive values associated with
        work; and
            (9) when implemented effectively, shock incarceration, or
        ``boot camp'' programs, can provide offenders with a heightened
        sense of personal responsibility, confidence, self-discipline,
        and an increased ability to make a successful return to the
        community while maximizing and fostering a safe and orderly
        work environment for corrections' personnel.

SEC. 3. WORK REQUIREMENT FOR FEDERAL PRISONERS.

    (a) Work Requirement.--Section 2905 of the Crime Control Act of
1990 (18 U.S.C. 4121 note) is amended by adding at the end of
subsection (a) the following: ``Subject to this section, such inmates
shall engage in work for not less than 50 hours weekly. In addition
inmates shall engage job-training and educational and life skills
preparation study. In the event that opportunities otherwise provided
by law for inmates to work are not sufficient to meet the requirements
of the preceding sentence, notwithstanding any other provision of law,
the services of prisoners may also be made available to nonprofit
entities to carry out any of their business or other functions. Each
authority of the United States that makes grants to nonprofit entities
shall take appropriate action to inform such entities of the
availability of inmates for this purpose. The Attorney General shall
make rules governing the provision of services by inmates to such
entities and the payment of any wages or other compensation for such
services.''.
    (b) Use of Prison Labor by Private Entities.--The Attorney General
shall, not later than one year after the date of the enactment of this
Act, submit legislative recommendations to Congress to permit Federal
prisoners to perform work for private employers while minimizing the
economic impact on the private sector of this expansion of the use of
prison labor.
    (c) Use of Revenues From Prison Labor.--
            (1) There is established in the Treasury a Fund
        (hereinafter in this subsection referred to as the ``Fund'').
            (2) All proceeds and wages, less any taxes or withholding
        required by Federal or State law, from prison labor performed
        by inmates under the supervision of the Attorney General shall
        be placed in the Fund.
            (3) The Fund shall be used, under guidelines established by
        the Attorney General, as follows:
                    (A) One third shall be used to offset the costs of
                prisoner incarceration.
                    (B) One third shall be used for victim restitution.
                    (C) One tenth to be held in a non-interest bearing
                account for the individual prisoner, to be paid on
                release from prison, but if the prisoner will not be
                eligible for release, then this portion shall be
                immediately available for use under subparagraph (B).
                    (D) The remainder to States and local jurisdictions
                that operate correctional facilities to benefit the
                dependents of prisoners, but only to those States the
                Attorney General determines have substantially the same
                prison work requirements and prison conditions as
                established for Federal prisoners.

SEC. 4. PRISON CONDITIONS.

    The Bureau of Prisons shall ensure that Federal prisoners--
            (1) do not possess, view, or read pornographic or sexually
        explicit materials;
            (2) are subject not less often than once each month to a
        combination of random and regularly scheduled testing for drugs
        and illegal substances;
            (3) do not possess microwave ovens, hot plates, toaster
        ovens, or televisions (unless provided by the prison for group
        viewing), or VCRs;
            (4) do not possess, or listen to, music which contains
        lyrics that are violent, sexually explicit, vulgar, glamorize
        gang membership or activities, demean women or disrespect law
        enforcement;
            (5) do not view cable television which is not educational
        in nature; and
            (6) do not engage in sexual activity.

SEC. 5. REPORT ON DRUG TESTING COSTS.

    Not later than one year after the date of the enactment of this
Act, the Attorney General, in consultation with the General Accounting
Office, shall report to Congress the then anticipated annual costs, for
each of the 5 following fiscal years, of implementing a monthly drug
testing program for all Federal prisoners.

SEC. 6. DRUG DETECTION DOG PROGRAM.

    (a) In General.--Not later than one year after the date of the
enactment of this Act, the Attorney General shall establish a program
to utilize drug detection dogs in inmate work areas, living quarters,
and delivery areas for the purpose of detecting narcotics.
    (b) Authorization.--There is authorized to be appropriated
$10,000,000 to carry out subsection (a).

SEC. 7. ELIMINATION OF SENTENCING INEQUITIES FOR DRUG OFFENDERS.

    (a) In General.--Subparagraph (B) of section 3621(e)(2) of title
18, United States Code, is amended to read as follows:
                    ``(B) Administration of treatment programs.--The
                Attorney General shall ensure through the use of all
                appropriate and available incentives and sanctions that
                eligible prisoners undergo a program of substance abuse
                treatment.''.
    (b) Conforming Amendment.--The heading for paragraph (2) of section
3621(e) of title 18, United States Code, is amended by striking
``Incentive for prisoners' successful completion of treatment program''
and inserting ``Treatment requirement''.
    (c) Eligibility.--Clause (ii) of section 3621(e)(5)(B) of title 18,
United States Code, is amended to read as follows:
                            ``(ii) within 24 months of the date of
                        release, or is otherwise designated by the
                        Bureau of Prisons for participation in a
                        residential substance abuse treatment program;
                        and''.

SEC. 8. BOOT CAMP REQUIREMENT.

    Section 4046 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``may'' and inserting ``shall,
                except as provided in subsection (d),''; and
                    (B) by striking ``of more than 12'' and all that
                follows through the end of such subsection and
                inserting a period;
            (2) in subsection (b), by striking ``not to exceed 6
        months'' and inserting ``which shall be not less than 4
        weeks''; and
            (3) by adding at the end the following:
    ``(d) An inmate who, in the judgment of the Bureau of Prisons,
either does not successfully complete the required period of shock
incarceration or is physically or mentally unfit to participate in the
activities required by shock incarceration, shall be confined to that
inmate's cell for not less than 23 hours each day during the portion of
the term of imprisonment that would otherwise be spent in shock
incarceration and shall, during the remainder of that term, be granted
no privileges other than those required by law.''.

Output:
Common Sense Prison Work and Victim Restitution Act of 1998 - Amends the Crime Control Act of 1990 to require convicted inmates confined in Federal prisons, jails, and other detention facilities to engage in:  (1) work for not less than 50 hours weekly; and (2) job-training and educational and life skills preparation study.  Allows nonprofit entities to utilize the services of prisoners if opportunities otherwise provided by law for inmates to work are insufficient to meet such requirements.
Directs the Attorney General to submit legislative recommendations to the Congress to permit Federal prisoners to perform work for private employers while minimizing the economic impact on the private sector of this expansion of the use of prison labor.
Establishes in the Treasury a Fund into which shall be placed all proceeds and wages from prison labor.  Directs that such Fund be used as follows:  (1) one third to offset the costs of prisoner incarceration; (2) one third for victim restitution; (3) one tenth for payment into the individual prisoner's account to be paid upon his or her release; and (4) the remainder for payments to States and local jurisdictions that operate correctional facilities with prison work requirements that are substantially the same as Federal requirements for programs to benefit the dependents of prisoners.
(Sec. 4) Directs the Bureau of Prisons to ensure that Federal prisoners:  (1) do not possess, view, or read pornographic or sexually explicit materials; (2) are subject not less often than once each month to a combination of random and regularly scheduled testing for drugs and illegal substances; (3) do not possess microwave ovens, hot plates, toaster ovens, televisions (unless provided by the prison for group viewing), or VCRs; (4) do not possess or listen to music which contains lyrics that are violent, sexually explicit, or vulgar or that glamorize gang membership or activities, demean women, or disrespect law enforcement; (5) do not view cable television which is not educational in nature; and (6) do not engage in sexual activity.
(Sec. 5) Directs the Attorney General to:  (1) report to the Congress, one year after this Act's enactment date, on anticipated annual costs, for each of the five following fiscal years, of implementing a monthly drug testing program for all Federal prisoners; and (2) establish a program to utilize dogs in inmate work areas, living quarters, and delivery areas to detect narcotics (authorizes appropriations).
(Sec. 7) Amends Federal criminal code provisions regarding substance abuse treatment to require the Attorney General to ensure through the use of all appropriate and available incentives and sanctions that eligible prisoners undergo a program of substance abuse treatment.
(Sec. 8) Requires (currently, authorizes for a limited period if the prisoner consents) the Bureau to place in a shock incarceration program any person who is sentenced to a term of imprisonment, with an exception.  Limits the initial portion of the term of imprisonment to four weeks.
Directs that an inmate who, in the Bureau's judgment, either does not successfully complete the required period of shock incarceration or is physically or mentally unfit to participate, be confined to that inmate's cell for not less than 23 hours each day during the portion of the term of imprisonment that would otherwise be spent in shock incarceration and, during the remainder of that term, be granted no privileges other than those required by law.