H. R. 4558
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To make technical amendments to clarify the provision of benefits for noncitizens,
and to improve the provision of unemployment insurance, child support, and
supplemental security income benefits.
Be it enacted by the Senate and House of Representatives 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 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 Oppor-
tunity 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3306 note) is hereby repealed.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 designa-
tion 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 DEAD-
LINE
FOR COMPLIANCE WITH CHILD SUPPORT DATA PROCESSING
AND INFORMATION RETRIEVAL REQUIREMENTS IF PERFORMANCE OF
CERTAIN ASPECT OF STATE IV-D PROGRAM MEETS PERFORMANCE
THRESHOLD.—
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(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 consid-
ered 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 PROFES-
SIONAL 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 Respon-
sibility 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.’’.
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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 distrib-
uted 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 SUPPLE-
MENTAL 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:
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‘‘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, notwith-
standing section 207 of this Act but subject to paragraph (2) of
this subsection, may recover the amount incorrectly paid by decreas-
ing 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 informa-
tion 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 individ-
ual 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.’’.
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(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.