I
105TH CONGRESS
2D SESSION
H. R. 4558
To make technical amendments to clarify the provision of benefits for nonciti-
zens, and to improve the provision of unemployment insurance, child
support, and supplemental security income benefits.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 1998
Mr. SHAW (for himself and Mr. LEVIN) introduced the following bill; which
was referred to the Committee on Ways and Means, and in addition to
the Committee on Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To make technical amendments to clarify the provision of
benefits for noncitizens, and to improve the provision
of unemployment insurance, child support, and supple-
mental security income benefits.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 MEDICAID
FOR NONQUALIFIED ALIENS WHO WERE RE-
CEIVING BENEFITS ON THE DATE OF THE EN-
ACTMENT OF THE PERSONAL RESPONSIBIL-
ITY AND WORK OPPORTUNITY RECONCILI-
ATION 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)(A) Subsection (a) shall not apply to eligi-
bility for benefits for the program defined in section
402(a)(3)(A) (relating to the supplemental security
income program) for an alien who was receiving
such benefits on August 22, 1996.
‘‘(B) An alien who is receiving benefits pursu-
ant to subparagraph (A) shall be eligible for medical
assistance under a State plan under title XIX of the
Social Security Act (42 U.S.C. et seq.) (relating to
the medicaid program) under the same terms and
conditions that apply to other recipients of benefits
under such program.’’.
SEC. 3. EXTENSION OF AUTHORIZATION OF SELF-EMPLOY-
MENT ASSISTANCE PROGRAMS.
(a) IN GENERAL.—Paragraph (2) of section 507(e)
of the North American Free Trade Agreement Implemen-
tation Act (26 U.S.C. 3306 note) is hereby repealed.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 sub-
section 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. REDUCTION OF PENALTY FOR STATE FAILURE TO
MEET DEADLINE FOR COMPLIANCE WITH
CHILD SUPPORT DATA PROCESSING AND IN-
FORMATION RETRIEVAL REQUIREMENTS IF
PERFORMANCE 
OF 
CERTAIN 
ASPECT 
OF
STATE IV–D PROGRAM MEETS PERFORMANCE
THRESHOLD.
(a) IN GENERAL.—Section 455(a)(4)(C) of the Social
Security Act (42 U.S.C. 655(a)(4)(C)) is amended by add-
ing at the end the following:
‘‘(iii) The Secretary shall reduce the amount of any
reduction that, in the absence of this clause, would be re-
quired 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 re-
duction, 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 determina-
tion described in section 458A(b)(5)(B) with respect to the
State for the fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) of this section shall take effect as if in-
cluded 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 sec-
tion 101(a) of such Act for purposes of section
201(f)(2)(B) of such Act.
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 fol-
lowing new subparagraph:
‘‘(C) to the renewal of a professional li-
cense by a nonresident alien.’’.
(b) STATE OR LOCAL.—Section 411(c)(2) of the Per-
sonal 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 fol-
lowing new subparagraph:
‘‘(C) to the renewal of a professional li-
cense by a nonresident alien.’’.
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 sub-
section (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 CHIL-
DREN WITH LIFE-THREATENING CONDITIONS
UNDER THE SUPPLEMENTAL SECURITY IN-
COME PROGRAM.
(a) IN GENERAL.—Section 1612(a)(2)(C) of the So-
cial Security Act (42 U.S.C. 1382a(a)(2)(C)) is amended
by inserting ‘‘, except a cash award of not more than
$2,000 made by a tax-exempt organization (as defined in
section 501(c)(3) of the Internal Revenue Code of 1986)
to, or for the benefit of, a child with a life-threatening
condition’’ before the semicolon.
(b) RETROACTIVITY.—The amendment made by sub-
section (a) shall apply to awards 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 follow-
ing 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 sec-
tion, under section 1616(a) of this Act or section 212(b)
of Public Law 93–66) to a person who is not eligible for
cash benefits under the program, the Commissioner, not-
withstanding section 207 of this Act but subject to para-
graph (2) of this subsection, may recover the amount in-
correctly 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.
‘‘(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 over-
payment; or
‘‘(B) the person so requests.
‘‘(b) NO EFFECT ON SSI ELIGIBILITY OR BENEFIT
AMOUNT.—In any case in which the Commissioner of So-
cial 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 pro-
gram under title XVI, or whose amount of such benefits,
is determined by considering any part of that person’s in-
come, 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 in-
come 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 fol-
lowing:
‘‘(8) For provisions relating to the recovery of bene-
fits 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.
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