Noncitizen Benefit Clarification and Other Technical Amendments Act of1998
PL 105-306 (H.R.4558), enacted 10/28/1998

112 STAT. 2926 
PUBLIC LAW 105-306—OCT. 28, 1998 
Public Law 105-306 
105th Congress 
Oct. 28, 1998 
[H.R. 4558] 
Noncitizen 
Benefit 
Clarification and 
Other Technical 
Amendments Act 
of 1998. 
42 u s e 1305 
note. 
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 seciuity 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 EUGIBILITY 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3306 note) is hereby repealed.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.— 
PUBLIC LAW 105-306—OCT. 28, 1998 
112 STAT. 2927 
(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 
42 use 655 note. 
(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 
42 USC 652 note. 
(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.". 
112 STAT. 2928 
PUBLIC LAW 105-306—OCT. 28, 1998 
SEC. 6. CLARIFICATION OF 
FUNDS. 
OBLIGATION OF WELFARE-TO-WORK 
Effective date. 
42 u s e 603 note. 
Effective date. 
42 u s e 1382a 
note. 
(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 
UFE-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: 
PUBLIC LAW 105-306—OCT. 28, 1998 
112 STAT. 2929 
"RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL SECURITY BENEFITS 
"SEC. 1147. (a) IN GENERAL.—(1) Whenever the Commissioner 42USC 
of Social Security determines that more than the correct amount 
I320b-17. 
of any pa3niient 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.". 
112 STAT. 2930 
PUBLIC LAW 105-306—OCT. 28, 1998 
42 use 404 note. 
(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. 
Approved October 28, 1998. 
LEGISLATIVE HISTORY—H.R. 4558: 
HOUSE REPORTS: No. 105-735, Pt. 1 (Comm. on Ways and Means). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 23, considered and passed House. 
Oct. 8, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 28, Presidential statement.