[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4558 Enrolled Bill (ENR)]

        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 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is hereby repealed.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.