Home > 105th Congressional Bills > H.R. 4558 (enr) 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. ...H.R. 4558 (enr) 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. ...
105th CONGRESS
2d Session
H. R. 4558
_______________________________________________________________________
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.
105th CONGRESS
2d Session
H. R. 4558
_______________________________________________________________________
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is hereby repealed.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 such 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.
Passed the House of Representatives September 23, 1998.
Attest:
Clerk.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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