[105th Congress Public Law 306]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ306.105]
[[Page 2925]]
NONCITIZEN BENEFIT CLARIFICATION AND OTHER TECHNICAL AMENDMENTS ACT OF
1998
[[Page 112 STAT. 2926]]
Public Law 105-306
105th Congress
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. <<NOTE: Oct.
28, 1998 - [H.R. 4558]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Noncitizen Benefit
Clarification and Other Technical Amendments Act of 1998.>> assembled,
SECTION 1. <<NOTE: 42 USC 1305 note.>> 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is hereby repealed.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.--
[[Page 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 <<NOTE: 42 USC 655 note.>> 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 <<NOTE: 42 USC 652 note.>> 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.''.
[[Page 112 STAT. 2928]]
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 <<NOTE: Effective date. 42 USC 603
note.>> 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 <<NOTE: Effective date. 42 USC 1382a
note.>> 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:
[[Page 112 STAT. 2929]]
``recovery of ssi overpayments from social security benefits
``Sec. 1147. (a) In <<NOTE: 42 USC
1320b-17.>> 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.''.
[[Page 112 STAT. 2930]]
(c) Effective <<NOTE: 42 USC 404 note.>> 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.
<all>