SECTION 1. SHORT TITLE. This Act may be cited as the ``College Research Education and Teacher Excellence (CREATE) Opportunity Act of 2012''. TITLE I--RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS SEC. 101. RESEARCH CREDIT MADE PERMANENT AND OTHER MODIFICATIONS. (a) Credit Made Permanent.-- (1) In general.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Conforming amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (b) Increased Percentage of Contract Research Expenses Paid to Colleges and Universities.--Paragraph (3) of section 41(b) of such Code is amended by adding at the end the following new subparagraph: ``(E) Amounts paid to colleges and universities.-- In the case of amounts paid for qualified research by the taxpayer to an institution of higher education (as defined in section 3304(f))-- ``(i) subparagraph (A) shall be applied by substituting `100 percent' for `65 percent', and ``(ii) subparagraphs (C) and (D) shall not apply.''. (c) Research in Social Sciences Included in Qualified Research.-- Subparagraph (G) of section 41(d)(6) of such Code is amended-- (1) by striking ``social sciences, arts,'' in the text and inserting ``arts'', and (2) by striking ``Social sciences, etc'' in the heading and inserting ``Arts and humanities''. (d) Effective Date.--The amendment made by subsection (a) shall apply to amounts paid or incurred after December 31, 2011. TITLE II--YEAR-ROUND PELL GRANTS SEC. 201. AMENDMENTS. Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is amended-- (1) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and (2) by inserting after paragraph (4), the following new paragraph: ``(5)(A) In the case of a student attending a junior or community college (as defined in section 312(f)), the Secretary shall award the student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student's progress toward a degree or certificate if the student is enrolled-- ``(i) on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and ``(ii) in a program of instruction at the junior or community college for which the college awards an associate degree or a certificate. ``(B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.''. SEC. 202. CONFORMING CHANGE. Section 401(b)(2)(A)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)(A)(ii)) is amended by striking ``paragraph (7)(B)'' and inserting ``paragraph (8)(B)''. SEC. 203. EFFECTIVE DATE. The amendments made by section 201 shall be effective for award year 2013-2014 and each succeeding award year. TITLE III--AMENDMENTS TO THE TEACH GRANT PROGRAM SEC. 301. AMENDMENTS. Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g- 2) is amended-- (1) by amending subsection (b)(2) to read as follows: ``(2) in the event that the applicant is determined to have failed or refused to comply with all or part of such service obligation, at least a portion of the amount of any TEACH Grants received by such applicant will be treated as a loan and collected from the applicant in accordance with subsection (c) and the regulations thereunder; and''. (2) by amending subsection (c) to read as follows: ``(c) Repayment for Inability To Complete Service.--In the event that a recipient of a grant under this subpart fails or refuses to comply with all or part of the recipient's service obligation in the agreement under subsection (b) and is not excused from fulfilling that portion of the service obligation under subsection (d)(2), the sum of the amounts of any TEACH Grants received by such recipient shall, upon a determination of such a failure or refusal in such service obligation, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be subject to repayment, together with interest thereon accruing from the date of the grant award, but only in proportion to the degree to which the recipient fails or refuses to comply with such service obligation and in accordance with terms and conditions specified by the Secretary in regulations under this subpart.''. SEC. 302. EFFECTIVE DATE. The amendments made by section 301 shall apply to TEACH grants awarded for academic year 2013-2014 and each succeeding academic year.

Summary: College Research Education and Teacher Excellence (CREATE) Opportunity Act of 2012 - Amends the Internal Revenue Code to make the research tax credit permanent. Makes 100% of a taxpayer's expenditures for qualified research at an institution of higher education eligible for the research tax credit. (Currently, 65% of those expenditures are eligible.) Considers research in the social sciences to be qualified research, eligible for the research tax credit. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow the Secretary of Education to award a student two Pell Grants during a single award year if the student is enrolled in an associate degree or certificate program at a junior or community college on at least a half-time basis for the equivalent of more than one academic year during the Pell Grant award year. Treats a Teacher Education Assistance for College and Higher Education (TEACH) Grant as a Direct Unsubsidized Stafford Loan only in proportion to the extent to which its recipient fails to comply with the Grant's service obligation. (TEACH Grants are provided to students who agree to teach for four years in a high-need field at an elementary or secondary school that serves a high number or percentage of low-income students.)


SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Prescription Drug Price Monitoring Commission Act of 1998''. (b) Findings.--The Congress finds the following: (1) Although prescription drugs represent one of the most frequently used medical care interventions in treating common acute and chronic diseases, many Americans, especially elderly and other vulnerable populations, are unable to afford necessary medications because of excessive and persistent prescription drug price inflation. (2) Between 1981 and 1998, the rate of inflation for prescription drugs has increased at over 2.5 times the general rate of inflation. (3) Because of the limited availability of private or public prescription drug coverage for the elderly, prescription drugs represent the highest out-of-pocket medical care cost for 75 percent of elderly patients, surpassed only by costs of long-term care services. (4) The Federal Government and the American taxpayer provide substantial subsidies to the pharmaceutical industry in the form of tax incentives, tax write-offs, and grants for nonresearch activities. (5) According to the most current edition of the Internal Revenue Service Corporation Source Book of Statistics of Income, the 1994-95 edition, the pharmaceutical industry claimed $6,061,807,000 in deductions for advertising and marketing of their products. (6) The statistic described in paragraph (5) is not indicative of the current amounts deducted by prescription drug manufacturers, since the Food and Drug Administration Reform Act of 1996, effective taxable year 1996, substantially expanded the advertising activities the costs of which are deductible by the pharmaceutical industry. (7) According to the Internal Revenue Service Corporation Source Book of Statistics of Income, the pharmaceutical industry claimed $2,115,690,000 in tax credits to locate their production facilities in United States possessions. (8) There is a need to determine whether Federal subsidies are used in the most efficient manner by the pharmaceutical industry to develop drugs which represent true therapeutic advances over those products already on the market. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Prescription Drug Price Monitoring Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) Studies.--The Commission shall conduct the following studies: (1) A study of the impact of a pharmaceutical price review board on containing inflation on the cost of prescription pharmaceutical products in the United States. (2) A study on how Federal tax credits and subsidies, as well as market exclusivity given to the pharmaceutical industry, can be used to modify an individual manufacturer's pricing behavior and research priorities. (3) A study on drug prices in other industrialized nations. (4)(A) A study on the feasibility of establishing in the United States a pharmaceutical products price review board. (B) In conducting the study under subparagraph (A), the Commission shall-- (i) assess the impact of such a board in other industrialized nations, such as Canada, on containing the costs of prescription drugs and the introductory prices of new drugs; (ii) recommend how such a board might operate in the United States, including the membership of the Board; (iii) recommend guidelines that might be used by the board in determining whether prices or price increases for prescription drugs are excessive and whether the introductory prices of new drugs are excessive; and (iv) recommend incentives for drug manufacturers to price their products fairly in the United States, including a system of compulsory licensing of pharmaceutical products or a reduction in the period of market exclusivity as a penalty for excessive inflation. (b) Reports.-- (1) Annual reports.--The Commission shall submit to the Congress an annual report (by not later than January 1 of each year beginning with 1999) which shall include information and recommendations regarding national and international drug policy issues, such as-- (A) trends and changes in prices for prescription and nonprescription drugs in the inpatient and outpatient setting in the United States; (B) trends and changes in prices for prescription drugs in other industrialized nations, such as Canada, Japan, Mexico, and countries of the European Union; (C) the scope of coverage, reimbursement, and financing under titles XVIII and XIX of the Social Security Act and other programs that directly provide or receive Federal funds to provide coverage for or reimbursement of prescription drugs, such as the Department of Veterans Affairs, the Department of Defense, and Public Health Service clinics; (D) the availability and affordability of prescription drugs for various population groups in the United States, and the accessibility and affordability of public and private insurance programs for prescription drugs for such population groups; (E) changes in the level and nature of use of prescription drugs by recipients of benefits under titles XVIII and XIX of the Social Security Act, taking into account the impact of such changes on aggregate expenditures under these titles; (F) recommendations to make prescription drugs more affordable and cost-effective for third-party insurers, including State-based pharmaceutical assistance and general assistance programs; (G) evaluation of technologies available for efficient third-party prescription drug program administration, such as electronic claims management and payment technologies; (H) methods of providing reimbursement under Federal health care programs to providers for drug products; (I) evaluation of the use and efficiency of all Federal tax credits and subsidies given to the pharmaceutical industry for various purposes, including the tax credit allowed under section 936 of the Internal Revenue Code of 1986; and (J) evaluation of the effect of direct marketing on price, the volume of sales, and advertising deductions. (2) Special report.--The Commission shall submit to the Committee on Finance of the United States Senate, the Committee on Commerce and the Committee on Ways and Means of the House of Representatives, and the Special Committee on Aging of the United States Senate, by not later than October 1, 1999, a report on the study conducted under subsection (a)(4). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 7 members appointed as follows: (1) The President shall appoint three members. (2) The Speaker of the House of Representatives shall appoint one member. (3) The minority leader of the House of Representatives shall appoint one member. (4) The majority leader of the Senate shall appoint one member. (5) The minority leader of the Senate shall appoint one member. (b) Qualifications.-- (1) In general.--The membership of the Commission shall include the following: (A) Individuals with national recognition for their expertise in the provision and financing of inpatient and outpatient drugs and biologicals. (B) Individuals with national recognition for their expertise in the fields of health care economics and quality assurance, medicine, pharmacology, pharmacy, and prescription drug reimbursement. (C) Other health care professionals. (D) At least one individual who is an advocate for medicare and medicaid recipients. (2) Limitation.--No more than 2 individuals who are, or have been, in the full- or part-time employ of a pharmaceutical company within one year from the date of appointment under subsection (a) may be appointed to the Commission at any time. (c) Chairman.--The Chairman shall be elected by the members. (d) Deadline for Appointment.--Members of the Commission shall be appointed not later than October 1, 1998. (e) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (g) Quorum.--Four members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under this section without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) In General.--The following provisions of section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission: (1) Subsection (c)(4) (relating to compensation of members). (2) Subsection (d) (relating to staffing and administration). (3) Subsection (e) (relating to powers of the Commission generally). (b) Technical Assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. SEC. 6. TERMINATION. The Commission shall terminate on October 1, 2003. SEC. 7. STUDY AND REPORT ON FEDERAL SUBSIDIES AND INCENTIVES PROVIDED TO THE PHARMACEUTICAL INDUSTRY. (a) Study.--The Secretary of Health and Human Services, in consultation with Secretary of the Treasury, shall conduct a study on Federal subsidies and incentives provided to the pharmaceutical industry. Matters studied shall include-- (1) a determination of the total cost over the 5 preceding fiscal years to Federal taxpayers of all Federal subsidies provided to the pharmaceutical industry (including tax incentives, subsidies, grants, and any other financial support); (2)(A) the purposes for which such Federal subsidies are used by the pharmaceutical industry; (B) the Federal role in researching and developing patented pharmaceutical products and the extent to which the Federal Government should co-license certain drugs and biologicals; (C) the extent to which pharmaceutical industry marketing research costs are incorporated into allowable Federal tax credits; (D) comparable financial incentives, subsidies, and tax credits provided to the pharmaceutical industry by other industrialized nations and the use of such incentives, subsidies, and credits by such industry; (E) the relationship between the total Federal financial support provided to the pharmaceutical industry by the United States and other industrialized nations and the prices paid by the citizens of such respective nations for prescription drugs; and (F) the extent to which tax credits provided by the Federal Government subsidize total worldwide pharmaceutical industry research and development; and (3) the relation of Federal tax credits to pharmaceutical manufacturers and marketing exclusivity for drug products to-- (A) an individual manufacturer's pricing behavior in the marketplace; and (B) the relative therapeutic value of new pharmaceutical products researched, developed, and marketed in the United States. (b) Report.--Not later than July 1, 1999, the Secretary of Health and Human Services, after consultation with the Secretary of the Treasury, shall submit a report to the Committee on Finance of the United States Senate, the Committee on Commerce and the Committee on Ways and Means of the United States House of Representatives, and the Special Committee on Aging of the United States Senate, on the study conducted under subsection (a), and shall include such recommendations as the Secretary of Health and Human Services deems appropriate. SEC. 8. MANUFACTURER INTERNATIONAL DRUG PRICE REPORTING REQUIREMENTS. (a) In General.--Subparagraph (A) of section 1927(b)(3) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended-- (1) by striking ``and'' at the end of clause (i), (2) by striking the period at the end of clause (ii) and inserting ``, and'', and (3) by adding at the end thereof the following new clause: ``(iii) not later than 30 days after the end of each calendar year, the average price at which the manufacturer sold each covered outpatient drug in such calendar year in the following countries: Canada, Australia, Mexico, and the countries of the European Union.''. (b) Technical Amendment.--Clause (ii) of section 1927(b)(3)(A) of such Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by inserting a comma after ``1990''.

Summary: Prescription Drug Price Monitoring Commission Act of 1998 - Establishes the Prescription Drug Price Monitoring Commission which shall conduct specified studies concerning U.S. pharmaceutical prices, including the establishment of a pharmaceutical products price review board. Terminates the Commission on a specified date. Directs the Secretary of Health and Human Services to study and report on Federal subsidies and incentives provided to the pharmaceutical industry. Amends title XIX (Medicaid) of the Social Security Act to require drug manufacturers participating in the Medicaid rebate program to report within a certain time after the end of each calendar year (currently, after each rebate period) on the average price at which the manufacturer sold each covered outpatient drug in Canada, Australia, Mexico, and the European Union countries.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Federal File Sharing Act''. SEC. 2. REQUIREMENTS. (a) Updated Guidance on Use of Certain Software Programs.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, after consultation with the Federal Chief Information Officers Council, shall issue guidance on the use of peer-to-peer file sharing software-- (1) to prohibit the download, installation, or use by Government employees and contractors of open-network peer-to- peer file sharing software on all Federal computers, computer systems, and networks, including those operated by contractors on the Government's behalf, unless such software is approved in accordance with procedures under subsection (b); and (2) to address the download, installation, or use by Government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing Federal computers, computer systems, and networks, including those operated by contractors on the Government's behalf. (b) Approval Process for Certain Software Programs.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop a procedure by which the Director, in consultation with the Chief Information Officer, may receive requests from heads of agencies or chief information officers of agencies for approval for use by Government employees and contractors of specific open-network peer-to-peer file sharing software programs that are-- (1) necessary for the day-to-day business operations of the agency; (2) instrumental in completing a particular task or project that directly supports the agency's overall mission; (3) necessary for use between, among, or within Federal, State, or local government agencies in order to perform official agency business; or (4) necessary for use during the course of a law enforcement investigation. (c) Agency Responsibilities.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) direct agencies to establish or update personal use policies of the agency to be consistent with the guidance issued pursuant to subsection (a); (2) direct agencies to require any contract awarded by the agency to include a requirement that the contractor comply with the guidance issued pursuant to subsection (a) in the performance of the contract; (3) direct agencies to update their information technology security or ethics training policies to ensure that all employees, including those working for contractors on the Government's behalf, are aware of the requirements of the guidance required by subsection (a) and the consequences of engaging in prohibited conduct; and (4) direct agencies to ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited by the guidance issued pursuant to subsection (a) from all Federal computers, computer systems, and networks, including those operated by contractors on the Government's behalf. SEC. 3. ANNUAL REPORT. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of this Act, including-- (1) a justification for each open-network peer-to-peer file sharing software program that is approved pursuant to subsection (b); and (2) an inventory of the agencies where such programs are being used. SEC. 4. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning provided the term ``Executive agency'' by section 105 of title 5, United States Code. (2) Open-network.--The term ``open-network'', with respect to software, means a network in which-- (A) access is granted freely, without limitation or restriction; or (B) there are little or no security measures in place. (3) Peer-to-peer file sharing software.--The term ``peer- to-peer file sharing software''-- (A) means a program, application, or software that is commercially marketed or distributed to the public and that enables-- (i) a file or files on the computer on which such program is installed to be designated as available for searching and copying to one or more other computers; (ii) the searching of files on the computer on which such program is installed and the copying of any such file to another computer-- (I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the computer on which such program is installed; and (II) without requiring an owner or authorized user of the computer on which such program is installed to have selected or designated another computer as the recipient of any such file; and (iii) an owner or authorized user of the computer on which such program is installed to search files on one or more other computers using the same or a compatible program, application, or software, and copy such files to such owner or user's computer; and (B) does not include a program, application, or software designed primarily-- (i) to operate as a server that is accessible over the Internet using the Internet Domain Name system; (ii) to transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications; or (iii) to provide network or computer security (including the detection or prevention of fraudulent activities), network management, maintenance, diagnostics, or technical support or repair. (4) Contractor.--The term ``contractor'' means a prime contractor or a subcontractor, as defined by the Federal Acquisition Regulation. SEC. 5. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives March 24, 2010. Attest: LORRAINE C. MILLER, Clerk.

Summary: Secure Federal File Sharing Act - Requires the Director of the Office of Management and Budget (OMB) to issue guidance to: (1) prohibit the download, installation, or use by government employees and contractors of open-network peer-to-peer file sharing software on all federal computers, computer systems, and networks, unless approved in accordance with procedures under this Act; and (2) address the download, installation, or use by government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing federal computers, computer systems, and networks. Requires the Director to develop a procedure for receiving requests from heads or chief information officers of agencies for approval for use by government employees and contractors of specific open-network peer-to-peer file sharing software programs that are: (1) necessary for day-to-day business operations, for use in the course of a law enforcement investigation, or to perform official agency business; or (2) instrumental in completing a particular task or project that directly supports the agency's overall mission. Requires the Director to direct agencies to: (1) establish or update personal use policies to be consistent with the guidance issued under this Act; (2) require contracts to require contractor compliance with that guidance; (3) update their information technology security or ethics training policies to ensure that all employees are aware of the requirements of that guidance and the consequences of engaging in prohibited conduct; and (4) ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited. Requires the Director to report annually to specified congressional committees, including: (1) a justification for each open-network peer-to-peer file sharing software program that is approved under this Act; and (2) an inventory of the agencies where such programs are being used. Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Commission Act of 1995''. SEC. 2. ESTABLISHMENT. (a) Establishment.--There is established a commission to be known as the National Commission on the Long-Term Solvency of the Medicare Program (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 15 members appointed as follows: (1) Five members shall be appointed by the President from among officers or employees of the executive branch, private citizens of the United States, or both. Not more than 3 members selected by the President shall be members of the same political party. (2) Five members shall be appointed by the Majority Leader of the Senate from among members of the Senate, private citizens of the United States, or both. Not more than 3 of the members selected by the Majority Leader shall be members of the same political party. (3) Five members shall be appointed by the Speaker of the House of Representatives from among members of the House of Representatives, private citizens of the United States, or both. Not more than 3 of the members selected by the Speaker shall be members of the same political party. (4) Date.--The appointments of the members of the Commission shall be made no later than November 30, 1995. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman.--The Commission shall select a Chairman from among its members. SEC. 3. DUTIES OF THE COMMISSION. (a) Analyses and Recommendations.-- (1) In general.--The Commission shall-- (A) review relevant analyses of the current and long-term financial condition of the medicare trust funds; (B) identify problems that may threaten the long- term solvency of such trust funds; (C) analyze potential solutions to such problems that will both assure the financial integrity of the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the provision of appropriate health benefits; and (D) provide appropriate recommendations to the Secretary of Health and Human Services, the President, and the Congress. (2) Definition of medicare trust funds.--For purposes of this subsection, the term ``medicare trust funds'' means the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t). (b) Report.--The Commission shall submit its report to the President and the Congress not later than December 31, 1996. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Officers and employees of the federal government.--All members of the Commission who are officers or employees of the Federal Government shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Private citizens of the united states.-- (A) In general.--Subject to subparagraph (B), all members of the Commission who are not officers or employees of the Federal Government shall serve without compensation for their work on the Commission. (B) Travel expenses.--The members of the Commission who are not officers or employees of the Federal Government shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission, to the extent funds are available therefore. (b) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. At the request of the Chairman, the Secretary of Health and Human Services shall provide the Commission with any necessary administrative and support services. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (c) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its report under section 2(b). SEC. 7. FUNDING FOR THE COMMISSION. Any expenses of the Commission shall be paid from such funds as may be otherwise available to the Secretary of Health and Human Services.

Summary: Medicare Commission Act of 1995 - Establishes the National Commission on the Long-Term Solvency of the Medicare Program to provide analyses of and recommendations with respect to the current and long-term financial condition of the Medicare trust funds for a report to the President, the Congress, and the Secretary of Health and Human Services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Trafficking Elimination Act of 2007''. TITLE I--CRIMINAL ENHANCEMENTS SEC. 101. CRIMINAL ENHANCEMENTS FOR UNLAWFUL MANUFACTURING, DISTRIBUTING, DISPENSING, OR POSSESSING WITH INTENT TO MANUFACTURE, DISTRIBUTE, OR POSSESS LARGE AMOUNTS OF HEROIN, MARIHUANA, AND METHAMPHETAMINE. Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended by adding at the end the following new subparagraph: ``(E) In the case of a violation of subsection (a) of this section involving-- ``(i) more than 10 kilograms of a mixture or substance containing a detectable amount of heroin; ``(ii) more than 10,000 kilograms of a mixture or substance containing a detectable amount of marihuana, or more than 10,000 marihuana plants regardless of weight; or ``(iii) more than 500 grams of methamphetamine, its salts, isomers, and salts of its isomers or more than 1.5 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, such person shall be subject to the same penalties as applicable under subparagraph (A) of this paragraph, except that such person shall be sentenced to a term of imprisonment which may not be less than 20 years.''. SEC. 102. CRIMINAL ENHANCEMENTS FOR UNLAWFUL IMPORTATION AND EXPORTATION OF LARGE AMOUNTS OF HEROIN, MARIHUANA, AND METHAMPHETAMINE. Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by adding at the end the following new paragraph: ``(5) In the case of a violation of subsection (a) of this section involving-- ``(A) more than 10 kilograms of a mixture or substance containing a detectable amount of heroin; ``(B) more than 10,000 kilograms of a mixture or substance containing a detectable amount of marihuana; or ``(C) more than 500 grams of methamphetamine, its salts, isomers, and salts of its isomers or more than 1.5 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, the person committing such violation shall be subject to the same penalties as applicable under paragraph (1) of this subsection, except that such person shall be sentenced to a term of imprisonment which may not be less than 20 years.''. SEC. 103. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY. Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is amended to read as follows: ``(5) Manufacture or Cultivation on Federal Property.--Any person who violates subsection (a) of this section by manufacturing or cultivating a controlled substance on Federal property shall be imprisoned for a term of not more than 10 years, which shall be imposed consecutively and in addition to the penalty imposed under paragraph (1).''. SEC. 104. USE OF HAZARDOUS SUBSTANCES ON FEDERAL LAND. Section 401(b)(6) of the Controlled Substances Act (21 U.S.C. 841(b)(6)) is amended to read as follows: ``(6) Use of Hazardous Substances.--Any person who violates subsection (a) and knowingly uses a poison, chemical, or other hazardous substance on Federal land, and by such use-- ``(A) creates a serious hazard to humans, wildlife, or domestic animals; ``(B) degrades or harms the environment or natural resources; or ``(C) pollutes an aquifer, spring, stream, river, or body of water, shall be imprisoned for a term of not more than 5 years, which shall be imposed consecutively and in addition to the penalty imposed under paragraphs (1) and (5).''. SEC. 105. LISTED CHEMICALS. Section 401(c) of the Controlled Substances Act (21 U.S.C. 841(c)) is amended by striking ``20 years'' and ``10 years'' and inserting ``30 years'' and ``20 years'', respectively. SEC. 106. MURDER AND OTHER VIOLENT CRIMES RELATED TO DRUG TRAFFICKING, AND DANGEROUS DRUG TRAFFICKING ORGANIZATIONS. (a) Murder and Other Violent Crimes Committed During and in Relation to a Drug Trafficking Crime.--Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following new section: ``murder and other violent crimes committed during and in relation to a drug trafficking crime ``Sec. 424. (a) In General.--Whoever commits, or conspires, or attempts to commit, a crime of violence during and in relation to a drug trafficking crime, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for the drug trafficking crime and in addition to being subject to a fine under title 18, United States Code-- ``(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison; ``(2) if the crime of violence is kidnapping, aggravated sexual abuse, or maiming, be imprisoned for life or any term of years not less than 30; ``(3) if the crime of violence is assault resulting in serious bodily injury, be imprisoned for life or any term of years not less than 20; and ``(4) in any other case, be imprisoned for life or for any term of years not less than 10. ``(b) Venue.--A prosecution for a violation of this section may be brought in-- ``(1) the judicial district in which the murder or other crime of violence occurred; or ``(2) any judicial district in which the drug trafficking crime may be prosecuted. ``(c) Definitions.--As used in this section-- ``(1) the term `aggravated sexual abuse' means an offense that, if committed in the special maritime and territorial jurisdiction would be an offense under section 2241(a) of title 18, United States Code; ``(2) the term `crime of violence' has the meaning given that term in section 16 of title 18, United States Code; ``(3) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2) of title 18, United States Code; and ``(4) the term `serious bodily injury' has the meaning given that term in section 1365 of title 18, United States Code.''. (b) Dangerous Drug Trafficking Organizations.--Part D of such Act is further amended by adding after section 424, as added by subsection (a) of this section, the following new section: ``dangerous drug trafficking organizations ``Sec. 425. (a) In General.--Any person who knowingly engages in a dangerous drug trafficking organization, as defined in subsection (b), shall be imprisoned for not less than 20 years nor more than life, fined in accordance with the provisions of title 18, United States Code, or both. ``(b) Dangerous Drug Trafficking Organization Defined.--For purposes of this section, the term `dangerous drug trafficking organization' means a formal or informal group, organization, or association of 5 or more individuals-- ``(1) that has as one of its purposes the commission of one or more drug trafficking crimes (as defined in section 924(c)(2) of title 18, United States Code); ``(2) one or more of the members of which commit or have committed, in furtherance of such purpose-- ``(A) more than one violation of this part the punishment of which is a felony; and ``(B) 2 or more violations, in 2 or more separate criminal episodes, of section 424; and ``(3) the activities of which involve at least 50 times the quantity of a substance described in section 401(b)(1)(B). ``(c) Extraterritorial Jurisdiction.--There is jurisdiction over an offense under this section committed outside the United States if the individual committing the offense is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).''. (c) Clerical Amendment.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423 the following: ``Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime. ``Sec. 425. Dangerous drug trafficking organizations.''. TITLE II--PROTECTING CHILDREN FROM DRUG TRAFFICKERS SEC. 201. DISTRIBUTION TO PERSONS UNDER AGE 21 AND PREGNANT PERSONS. (a) In General.--Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended to read as follows: ``distribution to persons under age 21 and pregnant persons ``Sec. 418. (a) Distribution to Persons Under 21.--Except as provided in subsection (b), any person at least 18 years of age who violates section 401(a)(1) by distributing a controlled substance to a person under 21 years of age shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana. ``(b) Distribution to Pregnant Persons.--Except as authorized by this title, any person who knowingly provides or distributes any controlled substance to a pregnant individual in violation of any provision of this title shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). ``(c) Second or Subsequent Offenses.--Any person at least 18 years of age who violates subsections (a) or (b) after a prior conviction under section 401(a) has become final shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years in addition and consecutive to any punishment under section 401(b). Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A).''. (b) Clerical Amendment.--The item relating to section 418 in the table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended to read as follows: ``Sec. 418. Distribution to persons under age 21 and pregnant persons.''. SEC. 202. DISTRIBUTION IN OR NEAR SCHOOLS. Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended to read as follows: ``distribution in or near schools ``Sec. 419. (a) In General.--Except as provided by subsection (b), whoever violates section 401(a)(1) or section 416 by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana. ``(b) Second or Subsequent Offenses.--Whoever violates subsection (a) after a prior conviction under section 401(a) has become final shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years in addition and consecutive to any punishment under section 401(b). Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A). ``(c) Definitions.--As used in this section-- ``(1) the term `playground' means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards; ``(2) the term `youth center' means any recreational facility and/or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities. ``(3) the term `video arcade facility' means any facility, legally accessible to children, intended primarily for the use of pinball and video machines for amusement containing a minimum of ten machines that are either pinball or video machines; and ``(4) the term `swimming pool' includes any parking lot appurtenant thereto.''. SEC. 203. EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG OPERATIONS. Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended to read as follows: ``employment or use of persons under 18 years of age in drug operations ``Sec. 420. (a) Any person at least 18 years of age who knowingly-- ``(1) employs, hires, uses, persuades, induces, entices, or coerces, a person under 18 years of age to violate any provision of this title or title III; ``(2) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to assist in avoiding detection or apprehension, for any such violation, by any Federal, State, or local law enforcement official; or ``(3) receives a controlled substance from a person under 18 years of age, other than an immediate family member, in violation of this title or title III shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). ``(b) Whoever violates subsection (a) after a prior conviction under section 401(a) has become final shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years in addition and consecutive to any punishment under section 401(b). Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A).''. SEC. 204. MAINTAINING DRUG-INVOLVED PREMISES IN RELATION TO INVOLVEMENT OF CHILDREN. Section 416(b) of the Controlled Substances Act (21 U.S.C. 856(b)) is amended by inserting (1) before ``Any person'' and by adding the following new paragraph: ``(2) Any person who violates subsection (a) knowing that the manufacture, distribution, storage, or use of any controlled substance involves a person under the age of 18 shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years.''. SEC. 205. MODIFICATION OF SAFETY VALVE PROVISION. Section 3553(f) of title 18, United States Code, is amended-- (1) in paragraph (4), by inserting ``and was not engaged in a dangerous drug trafficking organization (as defined in section 425 of the Controlled Substances Act)'' after ``section 408 of the Controlled Substances Act''; (2) by striking ``and'' at the end of paragraph (4); (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: ``(5) no part of the offense or relevant conduct involved manufacturing, possessing with intent to distribute, or distributing any controlled substance in or near the presence of a child or conduct constituting an offense under section 418, 419, or 420 of the Controlled Substances Act (21 U.S.C. 859, 860, or 861); and''. TITLE III--NATIONAL DRUG TRAFFICKING ENFORCEMENT STRATEGY SEC. 301. NATIONAL ENFORCEMENT STRATEGY. (a) Development of Strategy.--The Attorney General, in consultation with the Secretary of Homeland Security, shall develop a National Drug Trafficking Enforcement Strategy. (b) Report.--Not later than February 1 of each year, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report containing the following: (1) A description of the drug enforcement activities of the Federal Bureau of Investigations, the Drug Enforcement Agency, the Department of Homeland Security, and other Federal law enforcement agencies, including international and domestic enforcement strategies and coordination efforts among all law enforcement agencies. (2) A description of the allocation of the resources of the entities listed in paragraph (1) for the investigation and prosecution of alleged violations of the Controlled Substances Act (21 U.S.C. 801 et seq.), including violations involving significant drug trafficking organizations. (3) A description of measures being taken to give priority in the allocation of such resources described in paragraph (2) to alleged violations involving-- (A) persons who have imported into the United States substantial quantities of controlled substances; and (B) persons involved in violations that have endangered children.

Summary: Drug Trafficking Elimination Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase prison terms or impose mandatory minimum prison terms for: (1) manufacturing, distributing, dispensing, or possessing certain large amounts of heroin, marihuana, or methamphetamine; (2) importing or exporting such drugs; (3) manufacturing or cultivating a controlled substance on federal property; (4) using hazardous substances on federal land in connection with illegal drug activities; (5) possessing a listed chemical with intent to manufacture a controlled substance; (6) committing a crime of violence during and in relation to a drug trafficking crime; (7) engaging in a dangerous drug trafficking organization; (8) distributing controlled substances to persons under age 21 or to a pregnant person; (9) distributing controlled substances in or near schools; and (10) employing or involving persons under age 18 in illegal drug activities. Directs the Attorney General to develop a National Drug Trafficking Enforcement Strategy.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Check the Box for Homeless Veterans Act of 2013''. SEC. 2. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND ``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund. ``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. ``(a) In General.--Every individual, with respect to the taxpayer's return for the taxable year of the tax imposed by chapter 1-- ``(1) may designate that a specified portion (not less than $1) of any overpayment of tax shall be paid over to the Homeless Veterans Assistance Fund in accordance with the provisions of section 9512, and ``(2) in addition to any payment (if any) under paragraph (1), may make a contribution to the United States of an additional amount which shall be paid over to such Fund. ``(b) Manner and Time of Designation and Contribution.--A designation and contribution under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. Such designation and contribution shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Homeless Veterans Assistance Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Homeless Veterans Assistance Fund amounts equivalent to the amounts designated and contributed under section 6098. ``(c) Expenditures.-- ``(1) In general.--Subject to paragraphs (2) and (3), amounts in the Homeless Veterans Assistance Fund shall be available (and shall remain available until expended) to the Department of Veterans Affairs, in consultation with the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development, for the purpose of providing services to homeless veterans, through-- ``(A) the development and implementation of new and innovative strategies to prevent and end veteran homelessness, and ``(B) any homeless veteran program administered by the Department of Veterans Affairs, the Department of Labor Veterans' Employment and Training Service, and the Department of Housing and Urban Development. ``(2) Additional allocations.--The Secretary of Veterans Affairs is authorized to make transfers from the amounts described in paragraph (1) to the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development for the purpose of supporting programs that serve homeless veterans. ``(3) Advance notice.--The Secretary of Veterans Affairs, in collaboration with the Secretary of Labor and Secretary of Housing and Urban Development, shall submit a detailed expenditure plan for any amounts in the Homeless Veterans Assistance Fund to the Committees on Veterans' Affairs and Committees on Appropriations of the House of Representatives and of the Senate not later than 60 days prior to any expenditure of such amounts. ``(d) President's Annual Budget Information.--Beginning with the President's annual budget submission for fiscal year 2014 and every year thereafter, the Department of Veterans Affairs, the Department of Labor, and the Department of Housing and Urban Development shall include a description of the use of funds from the Homeless Veterans Assistance Fund from the previous fiscal year and the proposed use of such funds for the next fiscal year.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``PART IX--Contributions to the Homeless Veterans Assistance Fund''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Homeless Veterans Assistance Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Summary: Check the Box for Homeless Veterans Act of 2013 - Amends the Internal Revenue Code to: (1) establish in the Treasury the Homeless Veterans Assistance Fund; and (2) allow individual taxpayers to designate on their tax returns a specified portion (not less than $1) of any overpayment of tax, and to make a contribution of an additonal amount, to be paid over to such Fund to provide services to homeless veterans.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Speak Up to Protect Every Abused Kid Act''. SEC. 2. CHILD ABUSE AND NEGLECT. Section 3(2) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended to read as follows: ``(2) the term `child abuse or neglect' means, at a minimum-- ``(A) any recent act or failure to act, on the part of a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm; or ``(B) any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child.''. SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING. The Child Abuse Prevention and Treatment Act is amended by inserting after section 103 (42 U.S.C. 5104) the following: ``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(a) In General.--The Secretary shall make grants to eligible entities to carry out educational campaigns and provide training regarding State laws for mandatory reporting of incidents of child abuse or neglect. ``(b) Guidance and Information on Best Practices.--The Secretary shall develop and disseminate guidance and information on best practices for-- ``(1) educational campaigns to educate members of the public about-- ``(A) the acts and omissions that constitute child abuse or neglect under State law; ``(B) the responsibilities of adults to report suspected and known incidents of child abuse or neglect under State law; and ``(C) the ways in which adults can respond to help children and families without such reporting in a case in which the circumstances do not constitute child abuse or neglect under State law but the child or family needs assistance to prevent such circumstances from deteriorating so as to constitute child abuse or neglect; and ``(2) training programs to improve such reporting by adults, with a focus on adults who work with children in a professional or volunteer capacity. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In determining whether to make a grant under this section, the Secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection (b). ``(d) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2012 and $10,000,000 for each of fiscal years 2013 through 2016.''. SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking ``(B) an assurance'' and all that follows through clause (i), and inserting the following: ``(B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes-- ``(i) provisions or procedures for an individual to report suspected or known incidents of child abuse or neglect to a State child protective service agencies or to law enforcement agencies, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any adult;''. SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5107c(b)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by adding at the end the following: ``(C) train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law; and''; and (2) in paragraph (5), by inserting before the period ``and the training described in paragraph (4)(C)''. (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. 5107c(e)(2)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(3) evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law.''. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 5107c(e)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies.''. SEC. 6. GENERAL PROGRAM GRANTS. Section 108 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d) is amended by adding at the end the following: ``(f) Mandatory Reporting.--To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 7. REPORTS. Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the following: ``(e) Report on State Mandatory Reporting Laws.-- ``(1) Study.--Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act, the Secretary shall collect information on and otherwise study the efforts of States relating to State laws for mandatory reporting of incidents of child abuse or neglect, in order to-- ``(A) assess the implementation of the amendments made by that Act; and ``(B) provide an update on-- ``(i) implementation of State laws for mandatory reporting described in section 106(b)(2)(B)(i); and ``(ii) State efforts to improve reporting on, and responding to reports of, child abuse or neglect. ``(2) Report.--Not later than 4 years after that date of enactment, the Secretary shall submit to the appropriate committees of Congress a report containing the findings of the study.''. SEC. 8. COMMUNITY-BASED GRANTS. Section 204 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Mandatory Reporting Requirements.--The amendments made by sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and applications submitted after the date that is 2 years after the date of enactment of this Act.

Summary: Speak Up to Protect Every Abused Kid Act - Amends the Child Abuse Prevention and Treatment Act (CAPTA) to specify in the definition of "child abuse or neglect" any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child. Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain an assurance in the form of a certification by the state governor that the state has in effect and is enforcing a state law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes provisions or procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to a state child protective services agencies or to law enforcement agencies, which shall include a state law for mandatory reporting of such agencies, to either type of agency, by any adult. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will train adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary of HHS to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect.


SECTION 1. FINDINGS. The Congress makes the following findings: (1) It has been reported that at an internal Central Communist Party meeting in 1994, Chinese President Jiang Zemin asserted that religion is one of the biggest threats to Communist Party rule in China. (2) On January 31, 1994, Premier Li Ping signed decrees number 144 and 145 which restrict worship, religious education, distribution of bibles and other religious literature, and contact with foreign coreligionists. (3) The Chinese Government has created organizations that have as their purpose controlling all religious worship, activity, and association in China and supplanting the Roman Catholic Church, independent Protestant churches and independent Buddhist, Taoist, and Islamic associations. (4) In July 1995 Ye Xiaowen, a reputed atheist and rigid communist, was appointed to head the Bureau of Religious Affairs, an agency controlled by the United Front Work Department of the Chinese Government, that has administrative control over all religious worship and activity in China through an official system of registering or denying rights and privileges to religious congregations and leaders. (5) In the past year, the Chinese Government has expressed great concern over the spread of Christianity and particularly over the rapid growth of Christian religious institutions other than those controlled by the government, including the Roman Catholic Church and the evangelical Christian ``house churches''. (6) Soon after the establishment of the People's Republic of China in 1949, the Chinese Government imprisoned Christians who refused to relinquish their faith to become servants of Communism, charging them as ``counter-revolutionaries'' and sentencing them to 20 years or more in labor camps. (7) Hundreds of Chinese Protestants and Catholics are among those now imprisoned at ``reeducation through labor'' camps because of their religious beliefs. (8) The reeducation camps are run by the Ministry of Public Security and the Ministry of Justice of the Chinese Government. (9) The Chinese Communist Government refuses to permit the appointment by the Vatican of Catholic Bishops and ordination of priests for China and insists on appointing its own ``Catholic bishops''. (10) The Tenth Panchen Lama died in January 1989 at Tashi Lhunpo Monastery, his traditional spiritual seat in Shigatze, Tibet's second largest city. (11) The Dalai Lama has the right to recognize the successor to the Panchen Lama, and has always done so. (12) On May 14, 1995, His Holiness the Dalai Lama announced recognition of a 6-year-old boy, Gedhun Choekyi Nyima, as the Eleventh Panchen Lama, according to Tibetan tradition. (13) The young boy recognized by the Dalai Lama and his family have been brought to Beijing by Chinese authorities and have not been seen in several months. (14) Chatrel Rimpoche, abbot of Tashi Lhunpo Monastery and head of the original search committee for the Eleventh Panchen Lama, and his assistant, Champa Chung, are believed to have been seized and detained by Chinese authorities in May of 1995. (15) Chinese Government authorities subsequently detained other Tibetan Buddhists in connection with selection of the Eleventh Panchen Lama, including Gyatrol Rimpoche, Shepa Kelsang, Lhakpa Tsering, and Ringkar Ngawang. (16) The Chinese Government convened a conference in Beijing of Tibetan Lamas who were forcibly brought to Beijing in order to select a rival candidate to the child selected by the Dalai Lama as the Eleventh Panchen Lama. (17) On November 29, 1995, Luo Gan, Secretary General of the State Council, and Ye Xiaowen, Director of the Bureau of Religious Affairs, orchestrated an elaborate ceremony designating a 6-year-old boy selected by the Chinese Government as the Eleventh Panchen Lama. (18) On December 8, 1995, State Councilor Li Tieying presided over a ceremony in Shigatze, Tibet, in which the boy selected by the Chinese Government as the Eleventh Panchen Lama was enthroned. (19) By seeking to impose its own candidate as the Eleventh Panchen Lama and detaining the 6-year-old boy recognized for that position in accordance with Tibetan tradition, the Chinese Government is inserting itself into a purely Tibetan religious matter, in blatant violation of the fundamental human rights of the Tibetan people. SEC. 2. STATEMENT OF POLICY. The Department of State should make the release of individuals imprisoned or detained on religious grounds a major objective of United States foreign policy with respect to China, and should raise this issue in every relevant bilateral and multilateral forum. SEC. 3. PROHIBITION ON FUNDING BY AGENCIES OF THE UNITED STATES FOR THE PARTICIPATION OF CERTAIN CHINESE OFFICIALS IN INTERNATIONAL PROGRAMS AND ACTIVITIES. (a) Restriction.--No funds available to the Department of State, the United States Information Agency, the Agency for International Development, or any other agency or entity of the United States Government may be obligated or expended for the participation of any of the following individuals in any conference, exchange program, or activity relating to education, culture, training, or any other purpose, until the President submits the certification described in subsection (b): (1) The head of any of the following Chinese Government- created and approved organizations: (A) The Chinese Buddhist Association. (B) The Chinese Catholic Patriotic Association. (C) The Chinese Catholic Religious Affairs Committee. (D) The Chinese Catholic Bishops' Conference. (E) The Chinese Protestant ``Three-Self'' Patriotic Movement. (F) The China Christian Council. (G) The Chinese Taoist Association. (H) The Chinese Islamic Association. (2) Any official or employee of the United Front Work Department of the Chinese Government. (3) Luo Gan, the Secretary General of the State Council, Li Tieying, State Councilor, and any other official or employee of the State Council. (4) Ye Xiaowen, Director of Bureau of Religious Affairs, and any other official or employee of the Bureau of Religious Affairs of the Chinese Government. (5) Any military or civilian official or employee of the Ministry of Public Security or the Ministry of Justice of the Chinese Government. (b) Certification.--The certification referred to in subsection (a) is a certification by the President to the Congress that the following individuals have been released, unconditionally, by the Chinese Government: (1) Pei Zhongxun (whose Korean name is Chun Chul). (2) Dai Guillang. (3) Dai Lanmei. (4) Geng Minuan. (5) Wang Xincai. (6) Li Tianen. (7) Guo Mengshan. (8) Jiang Huaifeng. (9) Xu Funian. (10) Wang Yao Hua. (11) Chen Zhuman. (12) Bishop Zeng Jingmu. (13) Father Li Jian Jin. (14) Father Vincent Qin Guoliang. (15) Pan Kunming. (16) Rao Yangping. (17) Yu Qixing. (18) Yu Shuishen. (19) Li Qingming. (20) Zhang Zhiqiang. (21) Gedhun Choekyi Nyima and his family. (22) Chatrel Rimpoche. (23) Champa Chung. (24) Gyatrol Rimpoche. (25) Shepa Kelsang. (26) Lhakpa Tsering. (27) Ringkar Ngawang.

Summary: Urges the Department of State to make the release of Chinese imprisoned or detained on religious grounds a major objective of U.S. foreign policy with China. Prohibits the Department of State, the U.S. Information Agency, the Agency for International Development, or any other Federal agency or entity from obligating or expending funds for the participation of certain Chinese individuals and organizations in any conference, exchange program, or activity relating to education, culture, training, or any other purpose, until the President certifies to the Congress that specified imprisoned or detained Chinese citizens have been unconditionally released by the Chinese Government.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Turning Out Prisoners Act''. SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS. (a) In General.--Section 3626 of title 18, United States Code, is amended to read as follows: ``Sec. 3626. Appropriate remedies with respect to prison crowding ``(a) Requirements for Relief.-- ``(1) Limitations on prospective relief.--Prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that civil action. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. In determining the intrusiveness of the relief, the court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. ``(2) Prison population reduction relief.--In any civil action with respect to prison conditions, the court shall not grant or approve any relief whose purpose or effect is to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. ``(b) Termination of Relief.-- ``(1) Automatic termination of prospective relief after 2- year period.--In any civil action with respect to prison conditions, any prospective relief shall automatically terminate 2 years after the later of-- ``(A) the date the court found the violation of a Federal right that was the basis for the relief; or ``(B) the date of the enactment of the Stop Turning Out Prisoners Act. ``(2) Immediate termination of prospective relief.--In any civil action with respect to prison conditions, a defendant or intervenor shall be entitled to the immediate termination of any prospective relief, if that relief was approved or granted in the absence of a finding by the court that prison conditions violated a Federal right. ``(c) Procedure for Motions Affecting Prospective Relief.-- ``(1) Generally.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions. ``(2) Automatic stay.--Any prospective relief subject to a pending motion shall be automatically stayed during the period-- ``(A) beginning on the 30th day after such motion is filed, in the case of a motion made under subsection (b); and ``(B) beginning on the 180th day after such motion is filed, in the case of a motion made under any other law; and ending on the date the court enters a final order ruling on that motion. ``(d) Standing.--Any Federal, State, or local official or unit of government-- ``(1) whose jurisdiction or function includes the prosecution or custody of persons in a prison subject to; or ``(2) who otherwise is or may be affected by; any relief whose purpose or effect is to reduce or limit the prison population shall have standing to oppose the imposition or continuation in effect of that relief and may intervene in any proceeding relating to that relief. Standing shall be liberally conferred under this subsection so as to effectuate the remedial purposes of this section. ``(e) Special Masters.--In any civil action in a Federal court with respect to prison conditions, any special master or monitor shall be a United States magistrate and shall make proposed findings on the record on complicated factual issues submitted to that special master or monitor by the court, but shall have no other function. The parties may not by consent extend the function of a special master beyond that permitted under this subsection. ``(f) Attorney's Fees.--No attorney's fee under section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) may be granted to a plaintiff in a civil action with respect to prison conditions except to the extent such fee is-- ``(1) directly and reasonably incurred in proving an actual violation of the plaintiff's federal rights; and ``(2) proportionally related to the extent the plaintiff obtains court ordered relief for that violation.''. ``(g) Definitions.--As used in this section-- ``(1) the term `prison' means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law; ``(2) the term `relief' means all relief in any form which may be granted or approved by the court, and includes consent decrees and settlement agreements; and ``(3) the term `prospective relief' means all relief other than compensatory monetary damages.'' (b) Application of Amendment.--Section 3626 of title 18, United States Code, as amended by this section, shall apply with respect to all relief (as defined in such section) whether such relief was originally granted or approved before, on, or after the date of the enactment of this Act.

Summary: Stop Turning Out Prisoners Act - Revises provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief whose purpose or effect is to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief the purpose or effect of which is to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998''. SEC. 2. CONTINUING ELIGIBILITY FOR SSI AND RELATED BENEFIT FOR NONQUALIFIED ALIENS WHO WERE RECEIVING BENEFITS ON THE DATE OF THE ENACTMENT OF THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996. Section 401(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(b)) is amended by inserting after paragraph (4) the following new paragraph: ``(5) Subsection (a) shall not apply to eligibility for benefits for the program defined in section 402(a)(3)(A) (relating to the supplemental security income program), or to eligibility for benefits under any other program that is based on eligibility for benefits under the program so defined, for an alien who was receiving such benefits on August 22, 1996.''. SEC. 3. EXTENSION OF AUTHORIZATION OF SELF-EMPLOYMENT ASSISTANCE PROGRAMS. (a) In General.--Paragraph (2) of section 507(e) of the North American Free Trade Agreement Implementation Act (26 U.S.C. 3306 note) is hereby repealed. (b) Conforming Amendments.--Subsection (e) of section 507 of such Act is further amended-- (1) by amending the heading after the subsection designation to read ``Effective Date.--''; and (2) by striking ``(1) Effective date.--'' and by running in the remaining text of subsection (e) immediately after the heading therefor, as amended by paragraph (1). SEC. 4. CORRECTIONS TO THE CHILD SUPPORT PERFORMANCE AND INCENTIVE ACT OF 1998. (a) Reduction of Penalty for State Failure to Meet Deadline for Compliance With Child Support Data Processing and Information Retrieval Requirements if Performance of Certain Aspect of State IV-D Program Meets Performance Threshold.-- (1) In general.--Section 455(a)(4)(C) of the Social Security Act (42 U.S.C. 655(a)(4)(C)) is amended by adding at the end the following: ``(iii) The Secretary shall reduce the amount of any reduction that, in the absence of this clause, would be required to be made under this paragraph by reason of the failure of a State to achieve compliance with section 454(24)(B) during the fiscal year, by an amount equal to 20 percent of the amount of the otherwise required reduction, for each State performance measure described in section 458A(b)(4) with respect to which the applicable percentage under section 458A(b)(6) for the fiscal year is 100 percent, if the Secretary has made the determination described in section 458A(b)(5)(B) with respect to the State for the fiscal year.''. (2) Effective Date.--The amendment made by paragraph (1) of this subsection shall take effect as if included in the enactment of section 101(a) of the Child Support Performance and Incentive Act of 1998, and the amendment shall be considered to have been added by section 101(a) of such Act for purposes of section 201(f)(2)(B) of such Act. (b) Clarification of Effective Date for Certain Medical Child Support Provisions.-- (1) In general.--Section 401(c)(3) of the Child Support Performance and Incentive Act of 1998 (42 U.S.C. 652 note) is amended by striking ``of the enactment of this Act'' and inserting ``specified in subparagraph (A)''. (2) Effective date.--The amendment made by paragraph (1) of this subsection shall take effect as if included in the enactment of section 401(c)(3) of the Child Support Performance and Incentive Act of 1998. SEC. 5. ELIGIBILITY OF NONRESIDENT ALIENS TO RENEW PROFESSIONAL LICENSES. (a) Federal.--Section 401(c)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)(2)) is amended-- (1) at the end of subparagraph (A) by striking ``or''; (2) at the end of subparagraph (B) by striking the period and inserting ``; or''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States.''. (b) State or Local.--Section 411(c)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)(2)) is amended-- (1) at the end of subparagraph (A) by striking ``or''; (2) at the end of subparagraph (B) by striking the period and inserting ``; or''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States.''. SEC. 6. CLARIFICATION OF OBLIGATION OF WELFARE-TO-WORK FUNDS. (a) In General.--Section 403(a)(5)(A)(iv)(II) of the Social Security Act (42 U.S.C. 603(a)(5)(A)(iv)(II)) is amended by striking ``or sub-State entity'' and inserting ``, other than funds reserved by the State for distribution under clause (vi)(III) and funds distributed pursuant to clause (vi)(I) in any State in which the service delivery area is the State''. (b) Retroactivity.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 5001 of the Balanced Budget Act of 1997. SEC. 7. DISREGARD OF LIMITED AWARDS MADE TO CHILDREN WITH LIFE- THREATENING CONDITIONS UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM. (a) Income Disregard.--Section 1612(b) of the Social Security Act (42 U.S.C. 1382a(b)) is amended-- (1) by striking ``and'' at the end of paragraph (20); (2) by striking the period at the end of paragraph (21) and inserting ``; and''; and (3) by adding at the end the following: ``(22) any gift to, or for the benefit of, an individual who has not attained 18 years of age and who has a life-threatening condition, from an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code-- ``(A) in the case of an in-kind gift, if the gift is not converted to cash; or ``(B) in the case of a cash gift, only to the extent that the total amount excluded from the income of the individual pursuant to this paragraph in the calendar year in which the gift is made does not exceed $2,000.''. (b) Resource Disregard.--Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) is amended-- (1) by striking ``and'' at the end of paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting ``; and''; and (3) by inserting after paragraph (12) the following: ``(13) any gift to, or for the benefit of, an individual who has not attained 18 years of age and who has a life-threatening condition, from an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code-- ``(A) in the case of an in-kind gift, if the gift is not converted to cash; or ``(B) in the case of a cash gift, only to the extent that the total amount excluded from the resources of the individual pursuant to this paragraph in the calendar year in which the gift is made does not exceed $2,000.''. (c) Retroactivity.--The amendments made by this section shall apply to gifts made on or after the date that is 2 years before the date of the enactment of this Act. SEC. 8. ENHANCED RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL SECURITY BENEFITS. (a) In General.--Part A of title XI of the Social Security Act is amended by adding at the end the following new section: ``recovery of ssi overpayments from social security benefits ``Sec. 1147. (a) In General.--(1) Whenever the Commissioner of Social Security determines that more than the correct amount of any payment has been made under the supplemental security income program under title XVI of this Act (including, for purposes of this section, under section 1616(a) of this Act or section 212(b) of Public Law 93- 66) to a person who is not currently eligible for cash benefits under the program, the Commissioner, notwithstanding section 207 of this Act but subject to paragraph (2) of this subsection, may recover the amount incorrectly paid by decreasing any amount which is payable to the person under title II of this Act in any month by not more than 10 percent of the amount payable under title II. ``(2) The 10 percent limitation set forth in paragraph (1) shall not apply to an overpayment made to a person if-- ``(A) the person or the spouse of the person was involved in willful misrepresentation or concealment of material information in connection with the overpayment; or ``(B) the person so requests. ``(b) No Effect on SSI Eligibility or Benefit Amount.--In any case in which the Commissioner of Social Security takes action in accordance with subsection (a) to recover an amount incorrectly paid to any person, neither that person, nor any individual whose eligibility for benefits under the supplemental security income program under title XVI, or whose amount of such benefits, is determined by considering any part of that person's income, shall, as a result of such action-- ``(1) become eligible for benefits under such program; or ``(2) if such person or individual is otherwise so eligible, become eligible for increased benefits under such program.''. (b) Conforming Amendments.-- (1) Section 204 of such Act (42 U.S.C. 404) is amended by adding at the end the following: ``(g) For payments which are adjusted or withheld to recover an overpayment of supplemental security income benefits paid under title XVI of this Act (including State supplementary payments paid under an agreement pursuant to section 1616(a) of this Act or section 212(b) of Public Law 93-66), see section 1147.''. (2) Section 1631(b) of such Act (42 U.S.C. 1383(b)) is amended by adding at the end the following: ``(5) For provisions relating to the recovery of benefits incorrectly paid under this title from benefits payable under title II, see section 1147.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to amounts incorrectly paid which remain outstanding on or after such date. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA) to provide that the new restrictions it imposes on alien eligibility for Supplemental Security Income (SSI) under title XVI of the Social Security Act (SSA) (and thus Medicaid under SSA title XIX) shall not apply to a nonqualified alien who was receiving such benefits on August 22, 1996 (the date of enactment of PRAWORA). (Sec. 3) Amends the North American Free Trade Agreement Implementation Act (NAFTA) to permanently extend the authorization of the Self-Employment Assistance programs. (Sec. 4) Amends SSA title IV part D (Child Support and Establishment of Paternity) to direct the Secretary of Health and Human Services to reduce, by 20 percent, the penalty for State failure to meet the deadline for compliance with child support data processing and information retrieval requirements, for each performance measure under the child support enforcement incentive payment system for which the State does achieve maximum performance. Amends the Child Support Performance and Incentive Act of 1998 to amend the effective date for State enactment of certain medical child support requirements (in order to allow State legislatures that meet biennially to pass such laws after October 1, 2001). (Sec. 5) Amends PRAWORA to allow nonresident alien professionals to renew their U.S. professional licenses. (Sec. 6) Amends SSA title IV part A (Temporary Assistance for Needy Families) with regard to welfare-to-work grants to eliminate the one year obligation requirement and allow a State to retain certain funds reserved for special projects (or for States small enough to have only one Service Delivery Area), without passing them through to a sub-State entity, even if all the money has not been obligated each fiscal year. (Sec. 7) Amends SSA title XVI to exclude from SSI eligibility and Medicaid benefit calculations up to $2,000 in cash awards made by tax-exempt organizations to children with life-threatening conditions. (Sec. 8) Amends part A (General Provisions) of SSA title XI to authorize the Social Security Administration to recover SSI overpayments by offsetting up to ten percent per month of any Old Age, Survivors and Disability Insurance benefits under SSA title II.