SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

    (a) Short Title.--This Act may be cited as the ``Alternative
Minimum Tax Repeal Act of 1995''.
    (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.

SEC. 2. ALTERNATIVE MINIMUM TAX.

    (a) In General.--Part VI of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to alternative minimum tax) is
hereby repealed.
    (b) Conforming Amendments.--
            (1) Subparagraph (B) of section 1(g)(7) (relating to
        election to claim certain unearned income of child on parent's
        return) is amended--
                    (A) by inserting ``and'' at the end of clause (i),
                    (B) by striking ``and'' and the end of clause (ii)
                and inserting a period, and
                    (C) by striking clause (iii).
            (2) Subsection (d) of section 2 (relating to taxes imposed
        on nonresident aliens) is amended by striking ``sections 1 and
        55'' and inserting ``section 1''.
            (3) Subsection (a) of section 5 (relating to cross
        references relating to tax on individuals) is amended by
        striking paragraph (4).
            (4) Subsection (d) of section 11 (relating to taxes imposed
        on foreign corporations) is amended by striking ``the taxes
        imposed by subsection (a) and section 55'' and inserting ``the
        tax imposed by subsection (a)''.
            (5) Section 12 (relating to cross references relating to
        tax on corporations) is amended by striking paragraph (7).
            (6) Section 26 (relating to limitation based on tax
        liability; definition of tax liability) is amended--
                    (A) by amending subsection (a) to read as follows:
    ``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the taxpayer's regular tax liability for the taxable year.'',
                    (B) in subsection (b)(2), by striking subparagraph
                (A) and by redesignating subparagraphs (B) through (N)
                as subparagraphs (A) through (M), respectively, and
                    (C) by striking subsection (c).
            (7) Paragraph (3) of section 30(b) (relating to credit for
        qualified electric vehicles) is amended by striking ``the
        excess'' and all that follows and inserting ``the regular tax
        for the taxable year reduced by the sum of the credits
        allowable under subpart A and sections 27, 28, and 29.''
            (8) Subsection (h) of section 32 (relating to reduction of
        credit to taxpayers subject to alternative minimum tax) is
        hereby repealed.
            (9) Subsection (c) of section 38 (relating to business
        related credits) is amended--
                    (A) by striking paragraphs (1) and (2) and
                inserting the following new paragraph:
            ``(1) In general.--The credit allowed under subsection (a)
        for any taxable year shall not exceed 25 percent of so much of
        the taxpayer's net regular tax liability as exceeds $25,000.
        For purposes of the preceding sentence, the term `net regular
        tax liability' means the regular tax liability reduced by the
        sum of the credits allowable under subparts A and B of this
        part.'', and
                    (B) by redesignating paragraph (3) as paragraph
                (2).
            (10) Subsection (c) of section 53 is amended by striking
        ``the excess'' and all that follows and inserting ``the regular
        tax liability of the taxpayer for such taxable year reduced by
        the sum of the credits allowable under subparts A, B, D, E, and
        F of this part.''
            (11) Subsection (b) of section 59A (relating to
        environmental tax) is amended by adding at the end the
        following:
``For purposes of this subsection, references to sections 55 and 56
shall be treated as references to such sections as in effect on the day
before the date of the enactment of the Alternative Minimum Tax Repeal
Act of 1995.''.
            (12)(A) Paragraph (2) of section 148(b) is amended by
        adding at the end the following new flush sentence:
        ``Such term shall not include any tax-exempt bond.''
            (B) Paragraph (3) of section 148(b) (relating to higher
        yield investments) is hereby repealed.
            (13) Subparagraph (B) of section 149(g)(3) (relating to
        hedge bonds) is amended by striking all that follows ``invested
        in bonds'' and inserting ``the interest on which is not
        includible in gross income under section 103.''
            (14) Section 173 (relating to circulation expenditures) is
        amended by striking ``(a) General Rule.--'' and by striking
        subsection (b).
            (15) Subsection (f) of section 174 (relating to research
        and experimental expenditures) is amended to read as follows:
    ``(f) Cross Reference.--

                                ``For adjustments to basis of property
for amounts allowed as deductions as deferred expenses under subsection
(b), see section 1016(a)(14).''
            (16) Subsection (c) of section 263 (relating to capital
        expenditures) is amended by striking ``59(e) or''.
            (17) Subsection (c) of section 263A (relating to
        capitalization and inclusion in inventory costs of certain
        expenses) is amended by striking paragraph (6).
            (18) Section 382(l) (relating to net operating loss
        carryforwards and certain built-in losses following ownership
        change) is amended by striking paragraph (7).
            (19) Section 443 (relating to adjustment in computing
        minimum tax and tax preferences) is amended by striking
        subsection (d) and by redesignating subsection (e) as
        subsection (d).
            (20) Section 617 (relating to deduction and recapture of
        certain mining exploration expenditures) is amended by striking
        subsection (i).
            (21) Subsections (b) and (c) of section 666 (relating to
        accumulation distribution of trust allocated to preceding
        years) are each amended by striking ``(other than the tax
        imposed by section 55)''.
            (22) Section 847 (relating to special estimated tax
        payments) is amended--
                    (A) in paragraph (9), by striking the last
                sentence;
                    (B) in paragraph (10), by inserting ``and'' at the
                end of subparagraph (A) and by striking subparagraph
                (B) and redesignating subparagraph (C) as subparagraph
                (B).
            (23) Section 848 (relating to capitalization of certain
        policy acquisition expenses) is amended by striking subsection
        (i) and by redesignating subsection (j) as subsection (i).
            (24) Paragraph (1) of section 871(b) (relating to tax on
        nonresident alien individuals) is amended by striking ``,
        55,''.
            (25) Subsection (b) of section 877 (relating to
        expatriation to avoid tax) is amended by striking ``, 55,''.
            (26) Paragraph (1) of section 882(a) is amended by striking
        ``55,''.
            (27) Subsection (a) of section 897 (relating to disposition
        of investment in United States real property) is amended to
        read as follows:
    ``(a) Treatment as Effectively Connected With United States Trade
or Business.--For purposes of this title, gain or loss of a nonresident
alien individual or a foreign corporation from the disposition of a
United States real property interest shall be taken into account--
            ``(1) in the case of a nonresident alien individual, under
        section 871(b)(1), or
            ``(2) in the case of a foreign corporation, under section
        8872(a)(1),
as if the taxpayer were engaged in a trade or business within the
United States during the taxable year and as if such gain or loss were
effectively connected with such trade or business.''
            (28) Subsection (j) of section 904 (relating to limitation
        on credit) is amended to read as follows:
    ``(j) Cross Reference.--

                                ``For increase of limitation under
subsection (a) for taxes paid with respect to amounts received which
were included in the gross income of the taxpayer for a prior taxable
year as a United States shareholder with respect to a controlled
foreign corporation, see section 960(b).''
            (29) Paragraph (1) of section 962(a) (relating to election
        by individuals to be subject to tax at corporate rates) is
        amended--
                    (A) by striking ``sections 1 and 55'' and inserting
                ``section 1'', and
                    (B) by striking ``sections 11 and 55'' and
                inserting ``section 11''.
            (30) Paragraph (20) of section 1016(a) (relating to
        adjustments to basis) is amended by inserting ``, as in effect
        on the day before the date of the enactment of the Alternative
        Minimum Tax Repeal Act of 1995'' after ``preferences)''.
            (31) Subsection (a) of section 1561 (relating to
        limitations on certain multiple tax benefits in the case of
        certain controlled corporations) is amended by striking the
        last sentence.
            (32) Subparagraph (A) of section 6425(c)(1) (defining
        income tax liability) is amended--
                    (A) by inserting ``plus'' at the end of clause (i),
                and
                    (B) by striking clause (ii) and by redesignating
                clause (iii) as clause (ii).
            (33) Section 6654(d)(2) (relating to failure by individual
        to pay estimated income tax) is amended--
                    (A) in clause (i) of subparagraph (B), by striking
                ``, alternative minimum taxable income,'', and
                    (B) in clause (i) of subparagraph (C), by striking
                ``, alternative minimum taxable income,''.
            (34) Subparagraph (C) of section 6662(e)(3) (relating to
        accuracy-related penalty) is amended by inserting ``, as in
        effect on the day before the date of the enactment of the
        Alternative Minimum Tax Repeal Act of 1995'' after ``55(c)''.
    (c) Clerical Amendments.--The table of parts for subchapter A of
chapter 1 is amended by striking the item relating to part VI.
    (d) Effective Date.--The amendments made by this section shall take
effect in taxable years beginning after December 31, 1994.

Summary: Alternative Minimum Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the alternative minimum tax.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Coastal Land Conveyance
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the
        approximately 14,804 acres of Federal land, as generally
        depicted on the map entitled ``Oregon Coastal Land
        Conveyance'', and dated March 27, 2013.
            (2) Planning area.--The term ``planning area'' means land--
                    (A) administered by the Director of the Bureau of
                Land Management; and
                    (B) located in--
                            (i) the Coos Bay District;
                            (ii) the Eugene District;
                            (iii) the Medford District;
                            (iv) the Roseburg District;
                            (v) the Salem District; and
                            (vi) the Klamath Falls Resource Area of the
                        Lakeview District.
            (3) Definition of public domain land.--
                    (A) In general.--In this subsection, the term
                ``public domain land'' has the meaning given the term
                ``public lands'' in section 103 of the Federal Land
                Policy and Management Act of 1976 (43 U.S.C. 1702).
                    (B) Exclusion.--The term ``public domain land''
                does not include any land managed in accordance with
                the Act of August 28, 1937 (50 Stat. 874, chapter 876;
                43 U.S.C. 1181a et seq.).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) Tribe.--The term ``Tribe'' means the Confederated
        Tribes of Coos, Lower Umpqua, and Siuslaw Indians.

SEC. 3. CONVEYANCE.

    (a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Federal land, including any improvements located on the
Federal land, appurtenances to the Federal land, and minerals on or in
the Federal land, including oil and gas, shall be--
            (1) held in trust by the United States for the benefit of
        the Tribe; and
            (2) part of the reservation of the Tribe.
    (b) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).

SEC. 4. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Federal land with--
            (1) the Committee on Energy and Natural Resources of the
        Senate; and
            (2) the Committee on Natural Resources of the House of
        Representatives.
    (b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct any clerical or
typographical errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary.

SEC. 5. ADMINISTRATION.

    (a) In General.--Unless expressly provided in this Act, nothing in
this Act affects any right or claim of the Tribe existing on the date
of enactment of this Act to any land or interest in land.
    (b) Prohibitions.--
            (1) Exports of unprocessed logs.--Federal law (including
        regulations) relating to the export of unprocessed logs
        harvested from Federal land shall apply to any unprocessed logs
        that are harvested from the Federal land.
            (2) Non-permissible use of land.--Any real property taken
        into trust under section 3 shall not be eligible, or used, for
        any gaming activity carried out under Public Law 100-497 (25
        U.S.C. 2701 et seq.).

SEC. 6. FOREST MANAGEMENT.

    Any commercial forestry activity that is carried out on the Federal
land shall be managed in accordance with all applicable Federal laws.

SEC. 7. LAND RECLASSIFICATION.

    (a) Identification of Oregon and California Railroad Land.--Not
later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary shall identify any land
owned by the Oregon and California Railroad that is conveyed under
section 3.
    (b) Identification of Public Domain Land.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall identify
public domain land that--
            (1) is approximately equal in acreage and condition as the
        land identified under subsection (a); and
            (2) is located within the planning area.
    (c) Maps.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress and publish in the
Federal Register 1 or more maps depicting the land identified in
subsections (a) and (b).
    (d) Reclassification.--
            (1) In general.--After providing an opportunity for public
        comment, the Secretary shall reclassify the land identified in
        subsection (b) as land owned by the Oregon and California
        Railroad.
            (2) Applicability.--The Act of August 28, 1937 (50 Stat.
        874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land
        reclassified as land owned by the Oregon and California
        Railroad under paragraph (1)(B).

Summary: Oregon Coastal Land Conveyance Act - Holds in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians all right, title, and interest of the United States in and to approximately 14,804 acres of federal land generally depicted on the map entitled quot, Oregon Coastal Land Conveyance,quot. Dated March 27, 2013. Makes that land part of the Tribes' reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribes. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribes.

Oregon Coastal Land Conveyance Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs
Information Security Protection Act''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY
              IMPROVEMENTS.

    (a) Submittal of Quarterly Information Security Report to
Congress.--Paragraph (14) of subsection (b) of section 5723 of title
38, United States Code, is amended by inserting ``and to the Committees
on Veterans' Affairs of the Senate and House of Representatives'' after
``to the Secretary''.
    (b) Plan for Addressing Known Information Security
Vulnerabilities.--Such subsection is further amended by adding at the
end the following new paragraph:
            ``(17) Submitting to the Chairs and Ranking Members of the
        Committees on Veterans' Affairs of the Senate and House of
        Representatives, by not later than 30 days after the date of
        the enactment of this paragraph, and quarterly thereafter, a
        plan of action to address critical known information security
        vulnerabilities that includes--
                    ``(A) specific milestones regarding timelines to
                address such vulnerabilities;
                    ``(B) a summary of any reports provided to the
                Assistant Secretary for Information and Technology
                pursuant to subsection (e)(3) during the period covered
                by the report;
                    ``(C) a discussion of any risk assessment analysis
                undertaken by the Department that led to the inclusion
                of any such vulnerability; and
                    ``(D) a summary of such plan of action that could
                be made publicly available.''.
    (c) Plan for Replacing Outdated Operating Systems.--Such subsection
is further amended by adding at the end the following new paragraph:
            ``(18) Submitting to the Committees on Veterans' Affairs of
        the Senate and House of Representatives, by not later than
        January 1 of each year, a plan for identifying and replacing
        operating systems of the Department that are out-of-date or
        unsupported and that includes--
                    ``(A) requirements that such an operating system be
                removed from the network of the Department no later
                than 15 days after the date on which the operating
                system was identified as being out-of-date or
                unsupported; and
                    ``(B) information concerning the number of systems
                so identified during the year preceding the year in
                which the report is submitted, when each such system
                was so identified, and when each system so identified
                was removed from the network of the Department.''.
    (d) Software Security.--Such subsection is further amended by
adding at the end the following new paragraph:
            ``(19) Ensuring that any software or Internet applications
        used on systems by the Department are secure from
        vulnerabilities that could affect the confidentiality of
        sensitive personal information of veterans.''.

SEC. 3. INFORMATION TECHNOLOGY REPORTING REQUIREMENTS.

    (a) In General.--Chapter 57 of title 38, United States Code, is
amended--
            (1) by redesignating sections 5727 and 5728 as sections
        5729 and 5730, respectively; and
            (2) by inserting after section 5726 the following new
        sections:
``Sec. 5727. Reporting requirements
    ``Not later than 30 days after the last day of each fiscal quarter,
the Secretary shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report that includes the
following information for that fiscal quarter:
            ``(1) A detailed description of any incidents of failure to
        comply with established information security policies that
        occurred during that quarter.
            ``(2) Any actions taken in response to such an incident.
            ``(3) Any reports made under paragraphs (8) through (10) of
        subsection (b) of section 5723 of this title during that
        quarter.
            ``(4) Written certification that the requirements of
        section 5722(c) of this title were followed during that
        quarter.
            ``(5) A detailed discussion of whether each recommendation
        made by the National Institute of Standards and Technology, the
        Office of Management and Budget, or the Department of Homeland
        Security relating to information security have been implemented
        by the Department, and if not, an explanation of why such
        recommendation was not implemented.
            ``(6) Steps taken to ensure the security of the Veterans
        Health Information Systems and Technology Architecture of the
        Department that allows for an integrated inpatient and
        outpatient electronic health record for patients and provides
        administrative tools to employees of the Department taken
        during that quarter.
``Sec. 5728. Information security strategic plan
    ``(a) Plan Required.--Not later than one year after the date of the
enactment of this section, the Secretary, in consultation with the
Secretary of Homeland Security, the Director of the Office of
Management and Budget, the Secretary of Defense, the Director of the
National Institute of Standards and Technology, the heads of other
appropriate Federal agencies, veterans groups, and appropriate industry
specialists, shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a strategic plan for improving the
information security of the Department. Such plan shall address--
            ``(1) methods of protecting the sensitive personal
        information of veterans while not unduly interfering with the
        ability of the Department to provide benefits and services to
        veterans and their dependents;
            ``(2) how the Department can improve its compliance with
        information security requirements;
            ``(3) training and recruitment of employees with the
        necessary expertise and abilities in information security; and
            ``(4) the institutional capability of the Department to
        address information security threats and to implement best
        practices related to information security.
    ``(b) Biannual Updates.--The Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives biannual updates to the plan required by subsection
(a).''.
    (b) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended by striking the items relating to sections 5727
and 5728 and inserting the following new items:

``5727. Reporting requirements.
``5728. Information security strategic plan.
``5729. Definitions.
``5730. Authorization of appropriations.''.

SEC. 4. REQUIREMENTS FOR DEPARTMENT OF VETERANS AFFAIRS CONTRACTS FOR
              DATA PROCESSING OR MAINTENANCE.

    (a) In General.--Section 5725(a) of title 38, United States Code,
is amended--
            (1) in paragraph (2), by striking the period and inserting
        ``; and''; and
            (2) by adding at the end the following new paragraph:
            ``(3) the contractor shall provide protective measures to
        safeguard from possible information security threats any
        information provided by the Department that will be resident on
        or transiting through information systems controlled by the
        contractor.''.
    (b) Applicability.--Paragraph (3) of section 5725(a) of title 38,
United States Code, shall apply with respect to a contract entered into
after the date of the enactment of this Act.

Summary: Department of Veterans Affairs Information Security Protection Act - Requires the Assistant Secretary of Veterans Affairs for Information and Technology to submit to the congressional veterans committees quarterly reports on Department of Veterans Affairs (VA) compliance with federally-required information security improvements. Directs the Assistant Secretary to submit to such committees: (1) quarterly, a plan of action to address critical known VA information security vulnerabilities. And (2) annually, a plan for identifying and replacing VA operating systems that are out-of-date or unsupported. Requires the Assistant Secretary to ensure that any software or Internet applications used on VA operating systems are secure from vulnerabilities that could affect the confidentiality of sensitive personal information on veterans. Directs the Secretary to report, quarterly, to such committees on any incidents of failure to comply with established information security policies, any actions taken in response to such incidents, and certain related information. Requires the Secretary to submit a strategic plan for improving VA information security and to update such plan at least every two years. Requires VA contractors with access to sensitive personal information to provide protective measures to safeguard from possible information security threats any information provided by the VA that will be resident on, or transiting through, information systems controlled by that contractor.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Junk Fax Prevention Act of 2004''.

SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED
              ADVERTISEMENTS.

    (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the
Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read
as follows:
                    ``(C) to use any telephone facsimile machine,
                computer, or other device to send, to a telephone
                facsimile machine, an unsolicited advertisement--
                            ``(i) to a person who has made a request to
                        such sender that complies with the requirements
                        under paragraph (2)(D), not to send future
                        unsolicited advertisements to a telephone
                        facsimile machine; or
                            ``(ii) to a person not described in clause
                        (i), unless--
                                    ``(I) the sender has an established
                                business relationship (which term, for
                                purposes of this subclause, shall have
                                the meaning given the term in section
                                64.1200 of the Commission's
                                regulations, as in effect on January 1,
                                2003, except that such term shall apply
                                to a business subscriber in the same
                                manner in which it applies to a
                                residential subscriber) with such
                                person; and
                                    ``(II) the unsolicited
                                advertisement contains a conspicuous
                                notice on the first page of the
                                unsolicited advertisement that--
                                            ``(aa) states that the
                                        recipient may make a request to
                                        the sender of the unsolicited
                                        advertisement not to send any
                                        future unsolicited
                                        advertisements to such
                                        telephone facsimile machine and
                                        that failure to comply, within
                                        the shortest reasonable time,
                                        as determined by the
                                        Commission, with such a request
                                        meeting the requirements under
                                        paragraph (2)(D) is unlawful;
                                            ``(bb) sets forth the
                                        requirements for a request
                                        under paragraph (2)(D); and
                                            ``(cc) includes a domestic
                                        contact telephone and facsimile
                                        number for the recipient to
                                        transmit such a request to the
                                        sender, neither of which may be
                                        a number for a pay-per-call
                                        service (as such term is
                                        defined in section 228(i)); any
                                        number supplied shall permit an
                                        individual or business to make
                                        a do-not-fax request during
                                        regular business hours; or''.
    (b) Request to Opt-Out of Future Unsolicited Advertisements.--
Paragraph (2) of section 227(b) of the Communications Act of 1934 (47
U.S.C. 227(b)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraphs:
                    ``(D) shall provide, by rule, that a request not to
                send future unsolicited advertisements to a telephone
                facsimile machine complies with the requirements under
                this subparagraph only if--
                            ``(i) the request identifies the telephone
                        number of the telephone facsimile machine to
                        which the request relates;
                            ``(ii) the request is made to the telephone
                        or facsimile number of the sender of such an
                        unsolicited advertisement provided pursuant to
                        paragraph (1)(C)(ii)(II)(cc) or by any other
                        method of communication as determined by the
                        Commission; and
                            ``(iii) the person making the request has
                        not, subsequent to such request, provided
                        express invitation or permission to the sender,
                        in writing or otherwise, to send such
                        advertisements to such person at such telephone
                        facsimile machine; and
                    ``(E) may, in the discretion of the Commission and
                subject to such conditions as the Commission may
                prescribe, allow professional trade associations that
                are tax-exempt nonprofit organizations to send
                unsolicited advertisements to their members in
                furtherance of the association's tax-exempt purpose
                that do not contain the notice required by paragraph
                (1)(C)(ii)(II), except that the Commission may take
                action under this subparagraph only by regulation
                issued after notice and opportunity for public comment
                in accordance with section 553 of title 5, United
                States Code, and only if the Commission determines that
such notice is not necessary to protect the right of the members of
such trade associations to make a request to their trade associations
not to send any future unsolicited advertisements.''.
    (c) Unsolicited Advertisement.--Paragraph (4) of section 227(a) of
the Communications Act of 1934 (47 U.S.C. 227(a)(4)) is amended by
inserting ``, in writing or otherwise'' before the period at the end.
    (d) Regulations.--Not later than 270 days after the date of the
enactment of this Act, the Federal Communications Commission shall
issue regulations to implement the amendments made by this section.

SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended by adding at the end the following new subsection:
    ``(g) Junk Fax Enforcement Report.--The Commission shall submit a
report to the Congress for each year regarding the enforcement of the
provisions of this section relating to sending of unsolicited
advertisements to telephone facsimile machines, which shall include the
following information:
            ``(1) The number of complaints received by the Commission
        during such year alleging that a consumer received an
        unsolicited advertisement via telephone facsimile machine in
        violation of the Commission's rules.
            ``(2) The number of such complaints received during the
        year on which the Commission has taken action.
            ``(3) The number of such complaints that remain pending at
        the end of the year.
            ``(4) The number of citations issued by the Commission
        pursuant to section 503 during the year to enforce any law,
        regulation, or policy relating to sending of unsolicited
        advertisements to telephone facsimile machines.
            ``(5) The number of notices of apparent liability issued by
        the Commission pursuant to section 503 during the year to
        enforce any law, regulation, or policy relating to sending of
        unsolicited advertisements to telephone facsimile machines.
            ``(6) For each such notice--
                    ``(A) the amount of the proposed forfeiture penalty
                involved;
                    ``(B) the person to whom the notice was issued;
                    ``(C) the length of time between the date on which
                the complaint was filed and the date on which the
                notice was issued; and
                    ``(D) the status of the proceeding.
            ``(7) The number of final orders imposing forfeiture
        penalties issued pursuant to section 503 during the year to
        enforce any law, regulation, or policy relating to sending of
        unsolicited advertisements to telephone facsimile machines.
            ``(8) For each such forfeiture order--
                    ``(A) the amount of the penalty imposed by the
                order;
                    ``(B) the person to whom the order was issued;
                    ``(C) whether the forfeiture penalty has been paid;
                and
                    ``(D) the amount paid.
            ``(9) For each case in which a person has failed to pay a
        forfeiture penalty imposed by such a final order, whether the
        Commission referred such matter to the Attorney General for
        recovery of the penalty.
            ``(10) For each case in which the Commission referred such
        an order to the Attorney General--
                    ``(A) the number of days from the date the
                Commission issued such order to the date of such
                referral;
                    ``(B) whether the Attorney General has commenced an
                action to recover the penalty, and if so, the number of
                days from the date the Commission referred such order
                to the Attorney General to the date of such
                commencement; and
                    ``(C) whether the recovery action resulted in
                collection of any amount, and if so, the amount
                collected.''.

SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.

    (a) In General.--The Comptroller General of the United States shall
conduct a study regarding complaints received by the Federal
Communications Commission concerning unsolicited advertisements sent to
telephone facsimile machines, which shall determine--
            (1) the number and nature of such complaints;
            (2) the number of such complaints that result in final
        agency actions by the Commission;
            (3) the length of time taken by the Commission in
        responding to such complaints;
            (4) the mechanisms established by the Commission to
        receive, investigate, and respond to such complaints;
            (5) the level of enforcement success achieved by the
        Commission and the Attorney General regarding such complaints;
            (6) whether complainants to the Commission are adequately
        informed by the Commission of the responses to their
        complaints; and
            (7) whether additional enforcement measures are necessary
        to protect consumers, including recommendations regarding such
        additional enforcement measures.
    (b) Additional Enforcement Remedies.--In conducting the analysis
and making the recommendations required under paragraph (7) of
subsection (a), the Comptroller General shall specifically examine--
            (1) the adequacy of existing statutory enforcement actions
        available to the Commission;
            (2) the adequacy of existing statutory enforcement actions
        and remedies available to consumers;
            (3) the impact of existing statutory enforcement remedies
        on senders of facsimiles;
            (4) whether increasing the amount of financial penalties is
        warranted to achieve greater deterrent effect; and
            (5) whether establishing penalties and enforcement actions
        for repeat violators or abusive violations similar to those
        established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C.
        7703) would have a greater deterrent effect.
    (c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General shall submit a report on
the results of the study under this section to Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.

Summary: Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person. And (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number for sending such a request. Requires the Federal Communications Commission (FCC) to provide by rule that a request not to send unsolicited advertisements complies with legal requirements if: (1) the request identifies the recipient fax number to which the request relates. (2) the request is made to the telephone or fax number of the sender. And (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes. Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements. And (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.

A bill to amend section 227 of the Communications Act of 1934 to clarify the prohibition on junk fax transmissions.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Fraud Prosecution Act of
1993''.

SEC. 2. INCREASED PENALTIES FOR HEALTH CARE FRAUD.

    (a) Offense.--Part I of title 18, United States Code, is amended by
inserting after chapter 50A the following:

                    ``CHAPTER 50B--HEALTH CARE FRAUD

``Sec.
``1101. Health care fraud.
``1102. Illegal remunerations.
``1103. Civil Action.
``1104. Definitions.
``Sec. 1101. Health care fraud
    ``(a) In General.--Whoever, in or affecting interstate commerce,
knowingly--
            ``(1) executes, or attempts to execute, a scheme or
        artifice to defraud to obtain a health care payment; or
            ``(2) presents to any person any statement as part of, or
        in support of, a claim for a health care payment, knowing that
        such statement contains any false or misleading information
        concerning any fact or thing material to such claim;
shall be fined under this title or imprisoned not more than 10 years,
or both.
    ``(b) Aggravated Offenses.--In an offense under subsection (a) of
this section--
                    ``(1) if the offender knowingly or recklessly
                causes serious bodily injury to an individual or
                knowingly or recklessly endangers the life of a person,
                the offender shall be fined under this title or
                imprisoned not more than 15 years, or both; and
                    ``(2) if the offender knowingly or recklessly
                causes the death of an individual, the offender shall
                be fined under this title or imprisoned not more than
                25 years, or both.
``Sec. 1102. Illegal remunerations
    ``Whoever, in or affecting interstate commerce, knowingly solicits,
receives, offers, or provides anything of value--
            ``(1) for the referral of an individual to a person for the
        furnishing of any item or service for which a health care
        payment may be paid by a third party payer;
            ``(2) for recommending, or arranging for, the furnishing of
        any item or service for which a health care payment may be paid
        by a third party payer; or
            ``(3) which in effect reduces the cost of an item or
        service for which a health care payment may be paid by a third
        party payer, and then seeks that health care payment from the
        third party payer;
without informing the third party payer fully about having done so and
reflecting the amount of the thing of value in the claim for the health
care payment, shall be fined under this title or imprisoned not more
than 5 years, or both.
``Sec. 1103. Civil action
    ``Any person injured in business or property by a violation of this
chapter may in a civil action recover treble damages. The court may
award the prevailing party a reasonable attorney's fee as a part of the
costs.
``Sec. 1104. Definitions
    ``As used in this chapter--
            ``(1) the term `health care payment' means a payment for
        health care services or health care products, or the right to
        have a payment made by a third party payer for specified health
        care services or products; and
            ``(2) the term `third party payer' means any person, public
        or private, who undertakes to indemnify another against loss
        arising from a contingent or unknown event.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 50A the following new item:

``50B. Health care fraud....................................   1101.''.

SEC. 3. INJUNCTIONS FOR HEALTH CARE FRAUD.

    Section 1345(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``or 1001'' and
        inserting ``1001, 1101, or 1102''; and
            (2) in paragraph (a)(2), by inserting ``a violation of
        section 1101 or 1102 of this title or'' after ``as a result
        of''.

SEC. 4. CRIMINAL FORFEITURE OF FRAUD PROCEEDS.

    Section 982(a)(2)(B) of title 18, United States Code, is amended--
            (1) by inserting ``1101, 1102,'' after ``844,''; and
            (2) by striking ``or 1030'' and inserting ``1030, or
        1347''.

SEC. 5. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION.

    Section 3059 of title 18, United States Code, is amended by adding
at the end the following:
    ``(c)(1) The Attorney General may pay a reward of--
            ``(A) an amount determined under paragraph (2) of this
        subsection, in the case of an offense in which the United
        States is a victim and restitution or a civil recovery is
        obtained by the United States; or
            ``(B) not more than $100,000, in any other case;
to any person who furnishes information or services that lead to a
conviction under section 1101 or 1102 of this title.
    ``(2) The amount referred to in paragraph (1)(A) of this subsection
is an amount equal to--
            ``(A) not more than 30 percent of the first $1,000,000 of
        the recovery;
            ``(B) not more than 20 percent of the next $4,000,000; and
            ``(C) not more than 5 percent of the remaining portion of
        the recovery.
    ``(3) An officer or employee of the United States or of a State or
local government who furnishes information or renders services in the
performance of official duty is ineligible for a payment under this
subsection with respect to such information or services.''.

SEC. 6. HEALTH CARE FRAUD TASK FORCES.

    (a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, shall establish regional health
care fraud task forces (hereinafter in this section referred to as
``task forces'').
    (b) Purpose.--The purpose of the task forces is to ensure that
adequate resources are made available to identify, investigate, and
prosecute health care fraud and to recover the proceeds of such fraud
and other criminal activity against health insurers.
    (c) Duties.--Each such task force shall coordinate the
investigative and prosecutorial efforts within their region, as
determined by the Attorney General.
    (d) Participants.--The Federal agencies that shall participate in
the task forces are--
            (1) the Department of Justice (including the Federal Bureau
        of Investigation);
            (2) the Department of Health and Human Services (including
        the Food and Drug Administration and the Office of the
        Inspector General);
            (3) the Internal Revenue Service;
            (4) the United States Postal Inspection Service; and
            (5) the Veteran's Administration.
    (e) Locations.--The task forces shall be established in such cities
as the Attorney General deems appropriate.
    (f) Objectives.--The objective of each task force shall be--
            (1) to target, investigate and prosecute individuals who
        organize, direct, finance, or are otherwise engaged in health
        care fraud;
            (2) to promote a coordinated health care fraud enforcement
        effort in each task force region, and to encourage maximum
        cooperation among all Federal agencies;
            (3) to work fully and effectively with State and local law
        enforcement agencies; and
            (4) to make full use of financial investigative techniques,
        on behalf of both public and private entities, to maximize
        recovery of proceeds of unlawful activities from persons who
        have committed health care fraud crimes or have engaged in
        other criminal activity in or against the health insurance
        industry.
    (g) Standards for Task Force Cases.--Each task force should focus
upon significant investigations of major health care fraud cases, or
organizations engaging in health care fraud, that warrant the
involvement of more than one investigative agency or that require
significant resources during the investigative stage.
    (h) Administration.--The administrative functions of the national
task force program will be performed by an executive office to be
established within the Department of Justice in Washington, D.C. It
shall be supervised by a Director, and the staff shall consist of
professional and support staff deemed necessary for the performance of
management and administrative functions.
    (i) Oversight.--An Executive Review Board shall oversee the task
force program. It shall be composed of ranking officials from each of
the participating Federal agencies and the Advisory Committee of the
United States Attorneys. Its role shall be to articulate policy, review
allocation of resources and coordinate the development and maintenance
of the task force program. The Board shall also be responsible for
resolving policy disputes that cannot be resolved within or among the
regional task forces or the participating agencies. The Board shall
meet no less frequently than quarterly.
    (j) Guidelines.--The Attorney General shall, in consultation with
the Executive Review Board, establish guidelines for the operation and
management of the task force program.

SEC. 7. NATIONAL HEALTH CARE FRAUD AND ABUSE DATA BASE.

    (a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, shall establish a data base for
the reporting of final adverse actions against health care providers,
suppliers, or practitioners, in order to provide a central repository
of such information to assist in the prevention, detection, and
prosecution of health care fraud and abuse.
    (b) Reporting of Information.--
            (1) In general.--Each government agency and health care
        plan shall report any final adverse action taken against a
        health care provider, supplier, or practitioner.
            (2) Information to be reported.--The information to be
        reported under paragraph (1) includes the following:
                    (A) The name of any health care provider, supplier,
                or practitioner who is the subject of a final adverse
                action.
                    (B) The name (if known) of any health care entity
                with which a health care provider, supplier, or
                practitioner is affiliated or associated.
                    (C) The nature of the final adverse action.
                    (D) A description of the acts or omissions and
                injuries upon which the final adverse action was based,
                and such other information as required by the Attorney
                General.
            (3) Confidentiality.--The Attorney General shall establish
        procedures to assure that the privacy of individuals receiving
        health care services is appropriately protected.
            (4) Form and manner of reporting.--The information required
        to be reported under this subsection shall be reported on a
        monthly basis and in such form and manner as determined by the
        Attorney General. Such information shall first be required to
        be reported on a date specified by the Attorney General.
            (5) To whom reported.--The information required to be
        reported under this subsection shall be reported to the
        Attorney General or such person or persons designated by the
        Attorney General.
    (c) Correction of Erroneous Information.--
            (1) Disclosure and correction.--The Attorney General shall
        provide for a procedure through which a person, to whom
        information within the data base established under this section
        pertains, may review that information and obtain the correction
        of errors pertaining to that person.
            (2) Other corrections.--Each Government agency and health
        care plan shall report corrections of information already
        reported about any final adverse action taken against a health
        care provider, supplier, or practitioner, in such form and
        manner as required by the Attorney General.
    (d) Access to Reported Information.--
            (1) Availability.--The information in this data base shall
        be available to the public, Federal and State government
        agencies, and health care plans pursuant to procedures
        established by the Attorney General.
            (2) Fees.--The Attorney General may establish reasonable
        fees for the disclosure of information in this data base.
    (e) Protection From Liability for Reporting.--No person or entity
shall be held liable in any civil action with respect to any report
made as required by this section, without knowledge of the falsity of
the information contained in the report.
    (f) Definitions and Special Rules.--For purposes of this section:
            (1) The term ``final adverse action'' includes the
        following:
                    (A) Civil judgments in Federal or State court
                related to the delivery of a health care item or
                service.
                    (B) Federal or State criminal convictions related
                to the delivery of a health care item or service.
                    (C) Actions by State or Federal agencies
                responsible for the licensing and certification of
                health care providers, suppliers, and licensed health
                care practitioners, including--
                            (i) formal or official actions, such as
                        revocation or suspension of a license (and the
                        length of any such suspension), reprimand,
                        censure or probation,
                            (ii) any other loss of license of the
                        provider, supplier, or practitioner, whether by
                        operation of law, voluntary surrender or
                        otherwise, or
                            (iii) any other negative action or finding
                        by such State or Federal agency that is
                        publicly available information.
                    (D) Exclusion from participation in Federal or
                State health care programs.
                    (E) Any other actions as required by the Attorney
                General.
            (2) The terms ``licensed health care practitioner'',
        ``licensed practitioner'', and ``practitioner'' mean, with
        respect to a State, an individual who is licensed or otherwise
        authorized by the State to provide health care services (or any
        individual who, without authority holds himself or herself out
        to be so licensed or authorized).
            (3) The term ``health care provider'' means a provider of
        services as defined in section 1861(u) of the Social Security
        Act, and any entity, including a health maintenance
        organization, group medical practice, or any other entity
        listed by the Secretary in regulation, that provides health
        care services.
            (4) The term ``supplier'' means a supplier of health care
        items and services described in sections 1819 (a) and (b), and
        section 1861 of the Social Security Act.
            (5) The term ``Government agency'' includes--
                    (A) The Department of Justice.
                    (B) The Department of Health and Human Services.
                    (C) Any other Federal agency that either
                administers or provides payment for the delivery of
                health care services, including, but not limited to the
                Department of Defense and the Veterans' Administration.
                    (D) State law enforcement agencies.
                    (E) State Medicaid fraud and abuse units.
                    (F) State or Federal agencies responsible for the
                licensing and certification of health care providers
                and licensed health care practitioners.
            (6) The term ``health care plan'' has the meaning given to
        such term by section 1128(i) of the Social Security Act.
            (7) For purposes of paragraph (2), the existence of a
        conviction shall be determined under paragraph (4) of section
        1128(j) of the Social Security Act.

SEC. 8. NATIONAL HEALTH CARE FRAUD AND ABUSE HOTLINE.

    The Attorney General shall--
            (1) establish a national, toll-free health care fraud and
        abuse hotline to enable all persons, including health care
        consumers, providers, and insurers, to report (anonymously, if
        so desired) suspected instances of health care fraud or abuse;
            (2) provide for the appropriate referral of all information
        that is obtained through the hot line; and
            (3) assure that the public is provided adequate publicity
        about the existence and capabilities of the hotline.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 1994 for
the purposes of carrying out this Act and the amendments made by this
Act--
            (1) $23,000,000 for the Federal Bureau of Investigation to
        hire, equip, and train no fewer than 225 special agents and
        support staff to investigate health-care fraud cases;
            (2) $5,000,000 to hire, equip, and train no fewer than 50
        assistant United States Attorneys and support staff to
        prosecute health-care fraud cases;
            (3) $6,000,000 to hire, equip, and train no fewer than 50
        investigators in the Office of Inspector General, Department of
        Health and Human Services, to be devoted exclusively to health-
        care fraud cases;
            (4) $2,000,000 to establish, operate, and administer health
        care fraud task forces;
            (5) $2,000,000 to establish, operate, publicize, and
        administer the national health care fraud and abuse data base;
        and
            (6) $2,000,000 to establish, operate, publicize, and
        administer the national health care fraud and abuse hotline.

SEC. 10. SCHEMES AND DEVICES RELATING TO EXPRESS AND OTHER COMMERCIAL
              CARRIER SERVICES.

    (a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1347. Express company fraud
    ``Whoever engages in any conduct with respect to a private or
commercial interstate carrier which, were that conduct engaged in with
respect to the Postal Service, would be a violation of section 1341 or
1342 of this title, shall be punished as is provided under such section
for such violation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of title 18, United States Code, is amended by adding at the
end the following new item:

``1347. Express company fraud.''.

SEC. 11. LAUNDERING OF MONETARY INSTRUMENTS.-

    Section 1956(c)(7)(D) of title 18, United States Code, is amended--
            (1) by inserting ``section 1101 or 1002 (relating to health
        care fraud),'' after ``875 (relating to interstate
        communications),''; and
            (2) by inserting ``section 1347 (relating to express
        company fraud),'' after ``1203 (relating to hostage taking),''.

HR 3093 IH----2

Summary: Health Care Fraud Prosecution Act of 1993 - Amends the Federal criminal code to set penalties for: (1) knowingly executing a scheme or artifice to defraud to obtain a health care payment. Or (2) presenting a statement as part of, or in support of, a claim for health care payment, knowing that such statement contains false or misleading information concerning any material fact. Limits such penalties to a fine and ten years' imprisonment, unless the offender knowingly or recklessly caused: (1) serious bodily injury to, or endangered the life of, an individual. Or (2) caused the death of an individual . Sets forth provisions regarding illegal remunerations. Permits: (1) persons injured by violations of such provisions to recover treble damages in a civil action. And (2) the court to award the prevailing party a reasonable attorney fee. Makes provisions regarding injunctions against fraud and criminal forfeiture of fraud proceeds applicable to health care fraud. Authorizes the Attorney General to pay specified rewards for information leading to the prosecution and conviction of persons engaging in health care fraud, with exceptions. Directs the Attorney General to establish: (1) regional health care fraud task forces and a data base for the reporting of final adverse actions against health care providers, suppliers, or practitioners. And (2) a national, toll-free health care fraud and abuse hotline. Authorizes appropriations: (1) for the Federal Bureau of Investigation, US Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases. And (2) to establish, operate, and administer health care task forces and the national health care fraud and abuse data base and hotline, and to publicize the data base and hotline. Amends the Federal criminal code to make: (1) activity which, if engaged in by the US Postal Service, would be a violation of mail fraud provisions, punishable to the same extent with respect to private or commercial interstate carriers. And (2) health care fraud and express company fraud predicates to violations of prohibitions against the laundering of monetary instruments.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping to Encourage Real
Opportunities (HERO) for At-Risk Youth Act''.

SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT FOR
              CERTAIN YOUTH EMPLOYEES.

    (a) Expansion of Credit for Summer Youth.--
            (1) Credit allowed for year-round employment.--Section
        51(d)(7)(A) of the Internal Revenue Code of 1986 is amended--
                    (A) by striking clauses (i) and (iii) and
                redesignating clauses (ii) and (iv) as clauses (i) and
                (ii), respectively;
                    (B) in clause (i) (as so redesignated), by striking
                ``(or if later, on May 1 of the calendar year
                involved),'' and inserting ``, and''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) who will be employed for not more
                        than 20 hours per week during any period
                        between September 16 and April 30 in which such
                        individual is regularly attending any secondary
                        school.''.
            (2) Increase in credit amount.--Section 51(d)(7) of the
        Internal Revenue Code of 1986 is amended by striking
        subparagraph (B) and by redesignating subparagraph (C) as
        subparagraph (B).
            (3) Conforming amendments.--
                    (A) Subparagraph (F) of section 51(d)(1) of the
                Internal Revenue Code of 1986 is amended by striking
                ``summer''.
                    (B) Paragraph (7) of section 51(d) of such Code is
                amended--
                            (i) by striking ``summer'' each place it
                        appears in subparagraphs (A);
                            (ii) in subparagraph (B), as redesignated
                        by paragraph (2), by striking ``subparagraph
                        (A)(iv)'' and inserting ``subparagraph
                        (A)(ii)''; and
                            (iii) by striking ``summer'' in the heading
                        thereof.
    (b) Credit for At-Risk Youth.--
            (1) In general.--Paragraph (1) of section 51(d) of the
        Internal Revenue Code of 1986 is amended by striking ``or'' at
        the end of subparagraph (I), by striking the period at the end
        of subparagraph (J) and inserting ``, or'' , and by adding at
        the end the following new subparagraph:
                    ``(K) an at-risk youth.''.
            (2) At-risk youth.--Paragraph (14) of section 51(d) of such
        Code is amended to read as follows:
            ``(14) At-risk youth.--The term `at-risk youth' means any
        individual who is certified by the designated local agency--
                    ``(A) as--
                            ``(i) having attained age 16 but not age 25
                        on the hiring date,
                            ``(ii) as not regularly attending any
                        secondary, technical, or post-secondary school
                        during the 6-month period preceding the hiring
                        date,
                            ``(iii) as not regularly employed during
                        such 6-month period, and
                            ``(iv) as not readily employable by reason
                        of lacking a sufficient number of basic skills,
                        or
                    ``(B) as--
                            ``(i) having attained age 16 but not age 21
                        on the hiring date, and
                            ``(ii) an eligible foster child (as defined
                        in section 152(f)(1)(C)) who was in foster care
                        during the 12-month period ending on the hiring
                        date.''.
    (c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act.

SEC. 3. EXTENSION OF EMPOWERMENT ZONES.

    (a) In General.--Section 1391(d)(1)(A)(i) of the Internal Revenue
Code of 1986 is amended by striking ``December 31, 2016'' and inserting
``December 31, 2019''.
    (b) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment zone the
nomination for which included a termination date which is
contemporaneous with the date specified in subparagraph (A)(i) of
section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect
before the enactment of this Act), subparagraph (B) of such section
shall not apply with respect to such designation if, after the date of
the enactment of this section, the entity which made such nomination
amends the nomination to provide for a new termination date in such
manner as the Secretary of the Treasury (or the Secretary's designee)
may provide.

Summary: Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act This bill amends the Internal Revenue Code, with respect to the work opportunity tax credit, to: change the credit for summer youth employees to a credit for youth employees who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which the individual is regularly attending any secondary school, increase the amount of the credit for youth employees, and expand the credit to include at-risk youth. An quot, at-risk youthquot. Is any individual who is certified by the designated local agency as: having attained age 16 but not age 25 on the hiring date, having not regularly attended specified schools or been employed during the six-month period preceding the hiring date, and not readily employable by reason of lacking a sufficient number of basic skills. The term also includes individuals who have been certified as having attained the age of 16 but not age 21 on the hiring date and as an eligible foster child who was in foster care during the 12-month period ending on the hiring date. The bill also extends until December 31, 2019, the designation period for certain tax-favored empowerment zones.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Port of Entry Personnel
and Infrastructure Funding Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Northern border.--The term ``Northern border'' means
        the international border between the United States and Canada.
            (2) Port of entry.--The term ``port of entry'' includes
        land, air, and sea ports of entry into the United States.
            (3) Southern border.--The term ``Southern border'' means
        the international border between the United States and Mexico.

SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Staff Enhancements for Customs Officers.--In addition to
positions authorized as of the date of the enactment of this Act,
United States Customs and Border Protection shall hire, train, and
assign to duty during fiscal years 2009 through 2012--
            (1) 2,000 full-time officers to serve on primary inspection
        lanes at land ports of entry on the Northern border and the
        Southern border;
            (2) 1,000 full-time officers to serve on primary inspection
        lanes at air and sea ports of entry on the Northern border and
        the Southern border;
            (3) 600 supervisory full-time officers to serve on the
        Northern border and the Southern border; and
            (4) 200 support staff for ports of entry along the Northern
        border and the Southern border.
    (b) Staff Enhancements for Customs Officers in Texas.--In addition
to positions authorized on the date of the enactment of this Act,
United States Customs and Border Protection shall hire, train, and
assign to duty during fiscal years 2009 through 2012--
            (1) 750 full-time officers to serve on primary inspection
        lines at land ports of entry in Texas; and
            (2) 500 full-time officers to serve on primary inspection
        lines at air and sea ports of entry in Texas.
    (c) Waiver of FTE Limitation.--The Secretary of Homeland Security
may waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security in order to
fulfill the requirements under subsections (a) and (b).
    (d) Secure Communication and Equipment.--The Secretary of Homeland
Security shall, subject to the availability of appropriations for such
purpose, ensure that all United States Customs and Border Protection
agents and officers are equipped with secure 2-way communication and
satellite-enabled devices to ensure communication between agents and
ports of entry, patrol, and inspection stations, and other Federal,
State, local and tribal law enforcement agencies.
    (e) Retention Incentives, Training, and Salaries.--
            (1) In general.--The Secretary of Homeland Security shall,
        subject to the availability of appropriations for such purpose,
        ensure that the requirements under this subsection are met.
            (2) Training.--
                    (A) New hires.--All new United States Customs and
                Border Protection officers (including new supervisory
                officers) shall receive initial law enforcement
                training at the Federal Law Enforcement Center. Such
                training shall include--
                            (i) at least 30 hours of training on
                        immigration and nationality law;
                            (ii) language training to ensure
                        proficiency in Spanish and in any other
                        language frequently used by aliens on the
                        Southern border, unless such officers have
                        already demonstrated proficiency in such
                        languages;
                            (iii) training on the law and standards
                        governing the use of force in apprehension and
                        detention of aliens; and
                            (iv) training on ethics and substance
                        abuse.
                    (B) Existing cbp officers.--All existing United
                States Customs and Border Protection officers shall
                receive annual law enforcement training in a manner,
                and at such locations, as prescribed by the
                Commissioner of United States Customs and Border
                Protection. Such refresher training shall include--
                            (i) at least 10 hours on immigration and
                        nationality law, including recent changes
                        through legislative action, litigation,
                        administrative regulations, and policy
                        interpretations of the Department of Homeland
                        Security;
                            (ii) refresher training on the law and
                        standards governing the use of force in
                        apprehension and detention of aliens; and
                            (iii) training on ethics and substance
                        abuse.
            (3) Recruitment and retention bonuses.--To the extent
        necessary to retain qualified United States Customs and Border
        Protection port of entry officers and border patrol agents, the
        Secretary may pay recruitment incentives that are not less than
        $5,000 and not more than $10,000.
            (4) Special rules for incentive payments.--
                    (A) In general.--Any recruitment incentive payment
                shall be paid to each new employee, in a lump sum,
                after the employee has entered on duty and completed 6
                months of service.
                    (B) Retention incentives.--A retention incentive
                payment shall--
                            (i) be paid to an employee, in a lump sum,
                        at the end of the fiscal year in which the
                        qualified employee is selected by the
                        Secretary, or a delegate of the Secretary, for
                        receipt of such payment;
                            (ii) not be limited solely to work
                        performance, but may be based on criteria such
                        as--
                                    (I) longevity of service and
                                experience;
                                    (II) comparative salaries for law
                                enforcement officers in other Federal
                                agencies; and
                                    (III) costs for replacement and
                                training of a new employee;
                            (iii) be contingent upon the selected
                        employee signing an agreement, under penalty of
                        perjury, to remain in Federal service at his or
                        her current location for at least 3 years;
                            (iv) be subject to reimbursement if the
                        employee fails to complete the required 3 years
                        of Federal service due to voluntary or
                        involuntary separation from service.
    (f) Salaries.--Section 101(b) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b)) is amended to read as
follows:
    ``(b) Authorization of Appropriations for CBP Employees.--There are
authorized to be appropriated to United States Customs and Border
Protection such sums as may be necessary to increase, beginning January
1, 2008, the annual rate of basic pay for United States Customs and
Border Protection employees who have completed at least 1 year of
service--
            ``(1) to the annual rate of basic pay payable for positions
        at GS-12 of the General Schedule under subchapter III of
        chapter 53 of title 5, United States Code, for officers and
        agents who have been paid at the annual rate of basic pay
        payable for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of
        the General Schedule;
            ``(2) to the annual rate of basic pay payable for positions
        at GS-12, step 10, GS-13, or GS-14, step 1, respectively, of
        the General Schedule, for supervisory officers and supervisory
        border patrol agents who have been paid at an annual rate of
        pay payable for positions at GS-10, GS-11, or GS-12 of the
        General Schedule; and
            ``(3) to the annual rate of basic pay payable for positions
        at GS-8, GS-9, or GS-10, respectively, of the General Schedule,
        for assistants who have been paid at an annual rate of pay
        payable for positions at GS-5, GS-6, or GS-7 of the General
        Schedule.''.

SEC. 4. PORTS OF ENTRY INFRASTRUCTURE.

    (a) In General.--The Secretary of Homeland Security may--
            (1) construct additional ports of entry along the Northern
        border and the Southern border; and
            (2) determine the location for new ports of entry, except
        as provided under subsection (c).
    (b) Consultation.--The Secretary of Homeland Security may designate
locations for new ports of entry after consultation with the Secretary
of Interior, the Secretary of Agriculture, appropriate representatives
of States, local governments, and Indian tribes, and property owners in
the United States. Such consultations shall be designed to minimize the
impact of the new ports of entry on the environment, culture, commerce,
and quality of life for the communities and residents located near the
proposed sites at which the such ports of entry will be constructed.
    (c) Expansion of Texas Ports of Entry.--
            (1) Eagle pass.--The Secretary shall expand the vehicle,
        cargo, and pedestrian inspection lanes at the Eagle Pass, Texas
        port of entry by 6 additional primary and secondary inspection
        lanes by the end of fiscal year 2012.
            (2) Laredo.--The Secretary shall expand the vehicle, cargo,
        and pedestrian inspection lanes at the Laredo, Texas port of
        entry by 6 additional primary and secondary inspection lanes by
        the end of fiscal year 2012.

SEC. 5. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT AND THE
              PAPERWORK REDUCTION ACT.

    (a) Administrative Procedures Act.--Chapter 5 of title 5, United
States Code (commonly known as the ``Administrative Procedure Act''),
and any other law relating to rulemaking, information collection, or
publication in the Federal Register, shall not apply to any action to
implement this Act, and the amendments made by this Act, to the extent
the Secretary of Homeland Security, the Secretary of State, the
Attorney General, or the Secretary of Labor determines that compliance
with any such requirement would impede the expeditious implementation
of this Act or the amendments made by this Act.
    (b) Paperwork Reduction Act.--Chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork Reduction Act''), shall not
apply to any action to implement this Act or the amendments made by
this Act to the extent the Secretary of Homeland Security, the
Secretary of State, the Attorney General, or the Secretary of Labor
determines that compliance with any such requirement would impede the
expeditious implementation of such Act or the amendments made by this
Act.

SEC. 6. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.

    (a) In General.--Notwithstanding any other provision of law, in
implementing this Act--
            (1) the competition requirements under section 303 of the
        Federal Property and Administrative Services Act of 1949 (41
        U.S.C. 253) shall not apply;
            (2) any executive agency entering into a contract to
        implement this Act may use noncompetitive procedures in
        accordance with section 303(c) of such Act;
            (3) the Secretary of Homeland Security may enter into
        contracts to implement the programs described in this Act in
        advance of the receipt of any fees imposed on any beneficiary
        or petitioner for benefits under this Act;
            (4) the Secretary may not collect fees in excess of the
        amount necessary to defray the costs of the programs described
        in this Act;
            (5) the Secretary may appoint employees on a term,
        temporary limited, or part-time basis without regard to--
                    (A) the number of such employees;
                    (B) the ratio between the number of such employees
                and the number of permanent full-time employees; and
                    (C) the duration of such employees' employment; and
            (6) nothing in chapter 71 of title 5, United States Code,
        shall affect the authority of any Department of Homeland
        Security management official to hire employees under this
        subsection on a temporary limited or part-time basis.
    (b) Limitations on Judicial Review.--The determination of an
executive agency under section 303 of the Federal Property and
Administrative Services Act (41 U.S.C. 253(c)) shall not be subject to
challenge by protest to--
            (1) the Government Accountability Office under subchapter V
        of chapter 35 of title 31, United States Code; or
            (2) the Court of Federal Claims under section 1491 of title
        28, United States Code.
    (c) Reports.--Any executive agency exercising the authority granted
under subsections (a) and (b) shall--
            (1) immediately submit written notification to the
        Committee on the Judiciary of the Senate and the Committee on
        the Judiciary of the House of Representatives; and
            (2) submit a quarterly report on the estimated obligations
        incurred pursuant to the authority granted under subsection
        (b).

SEC. 7. AUTHORITY TO ACQUIRE LEASEHOLDS.

    Notwithstanding any other provision of law, the Secretary of
Homeland Security may acquire a leasehold interest in real property,
and may provide in a lease entered into under this section for the
construction or modification of any facility on the leased property, if
the Secretary determines that the acquisition of such interest, and
such construction or modification, are necessary to facilitate the
implementation of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated--
            (1) such sums as may be necessary for each of the fiscal
        years 2009 through 2012 to carry out subsections (a) and (b) of
        section 3;
            (2) $10,000,000 for each of the fiscal years 2009 through
        2012 to carry out section 3(d);
            (3) $30,000,000 for each of the fiscal years 2009 through
        2012 to carry out section 3(e)(1);
            (4) $10,000,000 for each of the fiscal years 2009 through
        2012 to carry out section 3(e)(3);
            (5) such sums as may be necessary to carry out section 3(f)
        for fiscal year 2008 and for each succeeding fiscal year; and
            (6) $400,000,000 for each of the fiscal years 2008 through
        2010 to carry out section 4.
    (b) International Agreements.--In addition to any funds otherwise
made available, there are authorized to be appropriated $100,000,000
for each of the fiscal years 2009 through 2012 for continued
implementation of--
            (1) the Secure Border Initiative, the Western Hemisphere
        Travel Initiative, and the US-VISIT program on the Northern
        border and the Southern border; and
            (2) the Customs-Trade Partnership Against Terrorism.

Summary: Emergency Port of Entry Personnel and Infrastructure Funding Act of 2007 - Directs the US Customs and Border Protection for FY2009-FY2012 to hire, train, and assign additional customs and border protection personnel for the Northern and Southern US borders. Requires the Secretary of Homeland Security (Secretary) to ensure such personnel are equipped with secure two-way communication devices and that existing personnel and new hires receive law enforcement training. Authorizes the Secretary to: (1) construct additional ports of entry along the Northern and Southern US borders. And (2) determine the location for new US ports of entry. Requires expansion of the vehicle, cargo, and pedestrian inspection lanes at Eagle Pass, Texas, and Laredo, Texas. Exempts the provisions of this Act from: (1) the Administrative Procedures Act and the Paperwork Reduction Act. And (2) federal competitive contracting and hiring requirements. Authorizes appropriations, including for continued implementation of: (1) the Secure Border Initiative, the Western Hemisphere Travel Initiative, and the US-VISIT program, and (2) the Customs-Trade Partnership Against Terrorism.

A bill to provide additional resources and funding to address inspection delays at United States ports of entry on the Southern border, open additional inspection lanes, hire more inspectors, and provide recruitment and retention incentives for United States customs and Border Protection officers who serve on the Northern and Southern borders.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Improvement Timber
Contract Extension Act of 1996''.

SEC. 2. MODIFICATION OF LONG-TERM CONTRACT REGARDING TONGASS NATIONAL
              FOREST.

    Title III of the Tongass Timber Reform Act (Public Law 101-626; 104
Stat. 4430) is amended by adding at the end the following new section:

``SEC. 302. 1996 CONTRACT MODIFICATIONS.

    ``(a) Definitions.--In this section:
            ``(1) The term `board feet' means net scribner long-log
        scale for all sawlogs and all hemlock and spruce utility grade
        logs.
            ``(2) The term `contract' means the timber sale contract
        numbered A10fs-1042 between the United States and the Ketchikan
        Pulp Company.
            ``(3) The term `contracting officer' means the Regional
        Forester of Region 10 of the United States Forest Service.
            ``(4) The term `mid-market criteria' means an appraisal
        that ensures an average timber operator will have a weighted
        average profit and risk margin of at least 60 percent of normal
        in a mid-market situation, representative of the most recent 10
        years of actual market data.
            ``(5) The term `proportionality' means the proportion of
        high volume stands (stands of 30,000 or more board feet per
        acre) to low volume stands (stands of 8,000 to 30,000 board
        feet per acre).
            ``(6) The term `purchaser' means the Ketchikan Pulp
        Company.
    ``(b) Findings.--Congress finds the following:
            ``(1) On July 26, 1951, the Forest Service, on behalf of
        the United States, and the purchaser entered into a contract to
        harvest 8,250,000,000 board feet of timber from the Tongass
        National Forest in the State of Alaska. While the contract is
        scheduled to end June 30, 2004, it acknowledges an intention on
        the part of the Forest Service to supply adequate timber
        thereafter for permanent operation of the purchaser's
        facilities on a commercially sound and permanently economical
        basis. This legislation is necessary to effectuate that intent.
            ``(2) A pulp mill or similar facility is necessary in
        southeast Alaska to optimize the level of year-round, high-
        paying jobs in the area, to provide high value added use of
        low-grade wood and by-product material from sawmilling
        operations, and to maintain a stable regional economy.
            ``(3) The purchaser plans to make environmental and
        operational improvements to its pulp mill, including conversion
        to an elementally chlorine free bleaching process, expansion of
        wastewater treatment facilities, relocation of the existing
        wastewater outfall, and improvements to chemical recovery and
        power generation equipment. Total capital expenditures are
        estimated to be $200,000,000, $25,000,000 of which the
        purchaser has already invested.
            ``(4) Extension of the contract for 15 years is the minimum
        reasonable extension period to allow amortization of these
        environmental improvement and energy efficiency projects.
            ``(5) Ketchikan is the fourth largest city in Alaska. Its
        economic and job base are extremely dependent upon the
        continuation of the contract, which provides the principal
        source of year-round employment in the area. The purchaser has
        stated among its goals and objectives the following:
                    ``(A) Continuation of a long-term commitment to
                Ketchikan and southeast Alaska, including maintenance
                of a stable Alaskan workforce, utilization of Alaskan
                contractors, vendors, and suppliers to permit those
                businesses to hire and maintain Alaskan employees.
                    ``(B) Participation in the Forest Service's land
                management planning process with other users so that
                the process may be completed expeditiously with maximum
                information.
                    ``(C) Adherence to sound principles of multiple-use
                and sustained yield of forest resources providing for
                the production of sustainable contract volumes for the
                purchaser and the other timber operators in southeast
                Alaska and the protection and promotion of other forest
                uses, including tourism, fishing, subsistence, hunting,
                mining, and recreation.
                    ``(D) Protection of air, water, and land, including
                fish and wildlife habitat, through compliance with
                applicable Federal, State, and local laws.
                    ``(E) Commitment to continue to explore new
                processes and technology to maximize the use of timber
                harvested and increase the value of products
                manufactured in southeast Alaska.
            ``(6) The national interest is served by a policy that
        accomplishes the proper stewardship of publicly owned assets in
        the Tongass National Forest, a fair return to the United States
        for public timber in the Tongass National Forest, and a proper
        balance among multiple use interests in the Tongass National
        Forest to enhance forest health, sustainable harvest, and the
        general economic health and growth in southeast Alaska and the
        United States in order to improve national economic benefits.
        The national interest is best achieved by fostering domestic
        forest product markets and by modifying the terms of the
        contract pursuant to subsection (c).
    ``(c) Contract Fairness Changes.--The contract is hereby modified
as follows:
            ``(1) Extension.--The term of the contract is extended by
        15 years from June 30, 2004.
            ``(2) Sale Offering plan.--The contract shall include a
        plan describing the amount of volume, location, and the
        schedule by which the purchaser shall receive the timber
        required by paragraph (3) for the remainder of the contract
        term. The plan shall be coordinated with the Tongass Land
        Management Plan.
            ``(3) Volume requirements.--The volume of timber required
        under the contract shall be provided in 5-year increments of
        962,500,000 board feet, which the purchaser shall be obligated
        to harvest in an orderly manner, subject to the following:
                    ``(A) Until March 1, 1999, when the next 5-year
                increment is provided to the purchaser, the Forest
                Service shall provide the purchaser with at least
                192,500,000 board feet per year of available timber at
                a date certain each year and shall maintain a supply of
                timber adequate to insure the purchaser can reasonably
                harvest 192,500,000 board feet each year.
                    ``(B) To ensure harvest in an orderly manner, the
                contracting officer shall provide for the construction
                by the purchaser of roads in portions of the 5-year
                increment area of timber in advance of the 5-year
                operating period by including such roads in the
                environmental impact statement prepared for the 5-year
                operating period.
                    ``(C) Timber selected for inclusion in the 5-year
                increment shall meet the mid-market criteria.
            ``(4) Appraisals and rates.--The contracting officer shall
        perform appraisals using normal independent national forest
        timber sale procedures and designate rates for the increments
        of timber to be provided. The rates shall not be designated at
        a level that places the purchaser at a competitive disadvantage
        to a similar enterprise in the Pacific Northwest and those
        rates shall be the sole charges the purchaser shall be required
        to pay for timber provided.
            ``(5) Measurement of proportionality.--The Forest Service
        shall measure proportionality using the following criteria:
                    ``(A) Measure for groups of all contiguous
                management areas.
                    ``(B) Measure proportionality by acres.
                    ``(C) Measure proportionality over the entire
                rotation age.
            ``(6) Conversion or replacement of pulp mill.--The
        purchaser may convert or replace, in part or in whole, its pulp
        mill with a facility the manufactures any other value added
        product that utilizes pulp logs as a raw material component.
            ``(7) Unilateral termination.--The unilateral termination
        clause of the contract is eliminated.
            ``(8) Subsequent modifications.--Any clause in the
        contract, as modified by this subsection, may be further
        modified only by mutual agreement of the Forest Service and the
        purchaser and may be so modified without further Act of
        Congress.
    ``(d) Effective Date for Contract Modification.--
            ``(1) Effective date.--The modifications made by subsection
        (c) shall take effect 45 days after the date of the enactment
        of the Environmental Improvement Timber Contract Extension Act
        of 1996.
            ``(2) Ministerial duty to modify the contract.--Not later
        than such effective date, the contracting officer shall revise,
        as a ministerial function, the text of the contract to conform
        with the modifications made by subsection (c) and implement the
        modified contract. The contracting officer shall make
        conforming changes to provisions of the contract that were not
        modified by subsection (c) in order to ensure that the
        modifications made by such subsection are implemented.
    ``(e) Transition Timber Supply.--Timber volume available or
scheduled to be offered to the purchaser under the contract in effect
on the day before the date of the enactment of the Environmental
Improvement Timber Contract Extension Act of 1996 shall continue to be
offered and scheduled under the contract as modified by subsection (c)
along with such additional timber volume as is necessary to satisfy the
timber volume requirement of 192,500,000 board feet per year.''.

Summary: Environmental Improvement Timber Contract Extension Act of 1996 - Amends the Tongass Timber Reform Act to extend and modify the timber contract between the United States and the Ketchikan Pulp Company with regard to the Tongass National Forest, Alaska.