105TH CONGRESS
2D SESSION
H.R. 3130
AMENDMENTS
TO
SENATE AMENDMENTS
In the House of Representatives, U. S.,
June 25, 1998.
Resolved, That the House agree to the amendments of
the Senate to the bill (H.R. 3130) entitled ‘‘An Act to pro-
vide for an alternative penalty procedure for States that fail
to meet Federal child support data processing requirements,
to reform Federal incentive payments for effective child sup-
port performance, to provide for a more flexible penalty pro-
cedure for States that violate interjurisdictional adoption re-
quirements, to amend the Immigration and Nationality Act
to make certain aliens determined to be delinquent in the
payment of child support inadmissible and ineligible for natu-
ralization, and for other purposes’’, with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Support Perform-
ance and Incentive Act of 1998’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—CHILD SUPPORT DATA PROCESSING REQUIREMENTS
Sec. 101. Alternative penalty procedure.
Sec. 102. Authority to waive single statewide automated data processing and in-
formation retrieval system requirement.
TITLE II—CHILD SUPPORT INCENTIVE SYSTEM
Sec. 201. Incentive payments to States.
TITLE III—ADOPTION PROVISIONS
Sec. 301. More flexible penalty procedure to be applied for failing to permit inter-
jurisdictional adoption.
TITLE IV—MISCELLANEOUS
Sec. 401. Elimination of barriers to the effective establishment and enforcement
of medical child support.
Sec. 402. Safeguard of new employee information.
Sec. 403. Limitations on use of TANF funds for matching under certain Federal
transportation program.
Sec. 404. Clarification of meaning of high-volume automated administrative en-
forcement of child support in interstate cases.
Sec. 405. General Accounting Office reports.
Sec. 406. Data matching by multistate financial institutions.
Sec. 407. Elimination of unnecessary data reporting.
Sec. 408. Clarification of eligibility under welfare-to-work programs.
Sec. 409. Study of feasibility of implementing immigration provisions of H.R.
3130, as passed by the House of Representatives on March 5,
1998.
Sec. 410. Technical corrections.
TITLE I—CHILD SUPPORT DATA
PROCESSING REQUIREMENTS
SEC. 101. ALTERNATIVE PENALTY PROCEDURE.
(a) IN GENERAL.—Section 455(a) of the Social Secu-
rity Act (42 U.S.C. 655(a)) is amended by adding at the
end the following:
‘‘(4)(A)(i) If—
‘‘(I) the Secretary determines that a State plan
under section 454 would (in the absence of this para-
graph) be disapproved for the failure of the State to
comply with a particular subparagraph of section
454(24), and that the State has made and is continu-
ing to make a good faith effort to so comply; and
‘‘(II) the State has submitted to the Secretary a
corrective compliance plan that describes how, by
when, and at what cost the State will achieve such
compliance, which has been approved by the Sec-
retary,
then the Secretary shall not disapprove the State plan
under section 454, and the Secretary shall reduce the
amount otherwise payable to the State under paragraph
(1)(A) of this subsection for the fiscal year by the penalty
amount.
‘‘(ii) All failures of a State during a fiscal year to
comply with any of the requirements referred to in the same
subparagraph of section 454(24) shall be considered a single
failure of the State to comply with that subparagraph dur-
ing the fiscal year for purposes of this paragraph.
‘‘(B) In this paragraph:
‘‘(i) The term ‘penalty amount’ means, with re-
spect to a failure of a State to comply with a sub-
paragraph of section 454(24)—
‘‘(I) 4 percent of the penalty base, in the
case of the 1st fiscal year in which such a failure
by the State occurs (regardless of whether a pen-
alty is imposed under this paragraph with re-
spect to the failure);
‘‘(II) 8 percent of the penalty base, in the
case of the 2nd such fiscal year;
‘‘(III) 16 percent of the penalty base, in the
case of the 3rd such fiscal year;
‘‘(IV) 25 percent of the penalty base, in the
case of the 4th such fiscal year; or
‘‘(V) 30 percent of the penalty base, in the
case of the 5th or any subsequent such fiscal
year.
‘‘(ii) The term ‘penalty base’ means, with respect
to a failure of a State to comply with a subparagraph
of section 454(24) during a fiscal year, the amount
otherwise payable to the State under paragraph
(1)(A) of this subsection for the preceding fiscal year.
‘‘(C)(i) The Secretary shall waive a penalty under this
paragraph for any failure of a State to comply with section
454(24)(A) during fiscal year 1998 if—
‘‘(I) on or before August 1, 1998, the State has
submitted to the Secretary a request that the Sec-
retary certify the State as having met the require-
ments of such section;
TITLE III—ADOPTION
PROVISIONS
SEC. 301. MORE FLEXIBLE PENALTY PROCEDURE TO BE AP-
PLIED FOR FAILING TO PERMIT INTERJURIS-
DICTIONAL ADOPTION.
(a) CONVERSION OF FUNDING BAN INTO STATE PLAN
REQUIREMENT.—Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(21);
(2) by striking the period at the end of para-
graph (22) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(23) provides that the State shall not—
‘‘(A) deny or delay the placement of a child
for adoption when an approved family is avail-
able outside of the jurisdiction with responsibil-
ity for handling the case of the child; or
‘‘(B) fail to grant an opportunity for a fair
hearing, as described in paragraph (12), to an
individual whose allegation of a violation of sub-
paragraph (A) of this paragraph is denied by the
State or not acted upon by the State with rea-
sonable promptness.’’.