text: 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  is hereby repealed.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.
target: Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA) to provide that the new restrictions it imposes on alien eligibility for Supplemental Security Income (SSI) under title XVI of the Social Security Act (SSA) (and thus Medicaid under SSA title XIX) shall not apply to a nonqualified alien who was receiving such benefits on August 22, 1996 (the date of enactment of PRAWORA). 
  (Sec. 3) Amends the North American Free Trade Agreement Implementation Act (NAFTA) to permanently extend the authorization of the Self-Employment Assistance programs. 
  (Sec. 4) Amends SSA title IV part D (Child Support and Establishment of Paternity) to direct the Secretary of Health and Human Services to reduce, by 20 percent, the penalty for State failure to meet the deadline for compliance with child support data processing and information retrieval requirements, for each performance measure under the child support enforcement incentive payment system for which the State does achieve maximum performance. 
  Amends the Child Support Performance and Incentive Act of 1998 to amend the effective date for State enactment of certain medical child support requirements (in order to allow State legislatures that meet biennially to pass such laws after October 1, 2001). 
  (Sec. 5) Amends PRAWORA to allow nonresident alien professionals to renew their U.S. professional licenses. 
  (Sec. 6) Amends SSA title IV part A (Temporary Assistance for Needy Families) with regard to welfare-to-work grants to eliminate the one year obligation requirement and allow a State to retain certain funds reserved for special projects (or for States small enough to have only one Service Delivery Area), without passing them through to a sub-State entity, even if all the money has not been obligated each fiscal year. 
  (Sec. 7) Amends SSA title XVI to exclude from SSI eligibility and Medicaid benefit calculations up to $2,000 in cash awards made by tax-exempt organizations to children with life-threatening conditions. 
  (Sec. 8) Amends part A (General Provisions) of SSA title XI to authorize the Social Security Administration to recover SSI overpayments by offsetting up to ten percent per month of any Old Age, Survivors and Disability Insurance benefits under SSA title II.
feat_title: Noncitizen Benefit Clarification and Other Technical Amendments Act of1998