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quired by subparagraph (A). The report
shall include any recommendations for
changes in the system that the Secretary
determines would improve the operation of
the child support enforcement program.
(2) DEVELOPMENT OF MEDICAL SUPPORT IN-
CENTIVE.—
(A) 
IN
GENERAL.—The 
Secretary 
of
Health and Human Services, in consultation
with State directors of programs operated
under part D of title IV of the Social Security
Act and representatives of children potentially
eligible for medical support, shall develop a per-
formance measure based on the effectiveness of
States in establishing and enforcing medical
support obligations, and shall make rec-
ommendations for the incorporation of the
measure, in a revenue neutral manner, into the
incentive payment system established by section
458A of the Social Security Act.
(B) REPORT.—Not later than October 1,
1999, the Secretary shall submit to the Con-
gress a report that describes the performance
measure and contains the recommendations re-
quired by subparagraph (A).
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(e) TECHNICAL AMENDMENTS.—
(1) IN GENERAL.—Section 341 of the Personal
Responsibility and Work Opportunity Reconciliation
Act of 1996 (42 U.S.C. 658 note) is amended—
(A) by striking subsection (a) and redesig-
nating subsections (b), (c), and (d) as sub-
sections (a), (b), and (c), respectively; and
(B) in subsection (c) (as so redesig-
nated)—
(i) by striking paragraph (1) and in-
serting the following:
‘‘(1) CONFORMING AMENDMENTS TO PRESENT
SYSTEM.—The amendments made by subsection (a)
of this section shall become effective with respect to
a State as of the date the amendments made by sec-
tion 103(a) (without regard to section 116(a)(2))
first apply to the State.’’; and
(ii) in paragraph (2), by striking
‘‘(c)’’ and inserting ‘‘(b)’’.
(2) EFFECTIVE DATE.—The amendments made
by this section shall take effect as if included in the
enactment of section 341 of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of
1996.
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(f) ELIMINATION OF PREDECESSOR INCENTIVE PAY-
MENT SYSTEM.—
(1) REPEAL.—Section 458 of the Social Secu-
rity Act (42 U.S.C. 658) is repealed.
(2) CONFORMING AMENDMENTS.—
(A) Section 458A of the Social Security
Act, as added by section 201(a) of this Act, is
redesignated as section 458.
(B) Section 455(a)(4)(C)(iii) of such Act
(42 U.S.C. 655(a)(4)(C)(iii)), as added by sec-
tion 101(a) of this Act, is amended—
(i) by striking ‘‘458A(b)(4)’’ and in-
serting ‘‘458(b)(4)’’;
(ii) by striking ‘‘458A(b)(6)’’ and in-
serting ‘‘458(b)(6)’’; and
(iii) by striking ‘‘458A(b)(5)(B)’’ and
inserting ‘‘458(b)(5)(B)’’.
(C) Subsection (d)(1) of this section is
amended by striking ‘‘458A’’ and inserting
‘‘458’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on October 1,
2001.
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(g) GENERAL EFFECTIVE DATE.—Except as other-
wise provided in this section, the amendments made by
this section shall take effect on October 1, 1999.
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 Secu-
rity 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
available outside of the jurisdiction with respon-
sibility 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
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the State or not acted upon by the State with
reasonable promptness.’’.
(b) 
PENALTY
FOR
NONCOMPLIANCE.—Section
474(d) of such Act (42 U.S.C. 674(d)) is amended in each
of paragraphs (1) and (2) by striking ‘‘section
471(a)(18)’’ and inserting ‘‘paragraph (18) or (23) of sec-
tion 471(a)’’.
(c) CONFORMING AMENDMENT.—Section 474 of such
Act (42 U.S.C. 674) is amended by striking subsection
(e).
(d) RETROACTIVITY.—The amendments made by this
section shall take effect as if included in section 202(b)
of the Adoption and Safe Families Act of 1997.
TITLE IV—TECHNICAL
CORRECTIONS
SEC. 401. TECHNICAL CORRECTIONS.
(a) Section 413(g)(1) of the Social Security Act (42
U.S.C. 613(g)(1)) is amended by striking ‘‘Economic and
Educational Opportunities’’ and inserting ‘‘Education and
the Workforce’’.
(b) Section 422(b)(2) of the Social Security Act (42
U.S.C. 622(b)(2)) is amended by striking ‘‘under under’’
and inserting ‘‘under’’.
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(2) by striking ‘‘March 1, 1998’’ and inserting
‘‘July 1, 1998’’.
(g) Section 474(a) of the Social Security Act (42
U.S.C. 674(a)) is amended by striking ‘‘(subject to the
limitations imposed by subsection (b))’’.
(h) Section 232 of the Social Security Act Amend-
ments of 1994 (42 U.S.C. 1314a) is amended—
(1) in subsection (b)(3)(D), by striking ‘‘En-
ergy and’’; and
(2) 
in 
subsection 
(d)(4), 
by 
striking
‘‘(b)(3)(D)’’ and inserting ‘‘(b)(3)’’.
TITLE V—IMMIGRATION
PROVISIONS
SEC. 501. ALIENS INELIGIBLE TO RECEIVE VISAS AND EX-
CLUDED 
FROM 
ADMISSION 
FOR 
NON-
PAYMENT OF CHILD SUPPORT.
(a) IN GENERAL.—Section 212(a)(10) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(10)) is
amended by adding at the end the following:
‘‘(F) NONPAYMENT OF CHILD SUPPORT.—
‘‘(i) IN GENERAL.—Any alien is inad-
missible who is legally obligated under a
judgment, decree, or order to pay child
support (as defined in section 459(i) of the
Social Security Act), and whose failure to
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pay such child support has resulted in an
arrearage exceeding $5,000, until child
support payments under the judgment, de-
cree, or order are satisfied or the alien is
in compliance with an approved payment
agreement.
‘‘(ii) APPLICATION
TO
PERMANENT
RESIDENTS.—Notwithstanding 
section
101(a)(13)(C), an alien lawfully admitted
for permanent residence in the United
States who has been absent from the
United States for any period of time shall
be regarded as seeking an admission into
the United States for purposes of this sub-
paragraph.
‘‘(iii) WAIVER AUTHORIZED.—The At-
torney General may waive the application
of clause (i) in the case of an alien, if the
Attorney General—
‘‘(I) has received a request for
the waiver from the court or adminis-
trative agency having jurisdiction over
the judgment, decree, or order obligat-
ing the alien to pay child support that
is referred to in such clause; and
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‘‘(II) determines that the likeli-
hood of the arrearage being elimi-
nated, and all subsequent child sup-
port payments timely being made by
the alien, would increase substantially
if the waiver were granted.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect 180 days after the date of
the enactment of this Act.
SEC. 502. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON
ESTABLISHMENT OF GOOD MORAL CHAR-
ACTER.
(a) IN GENERAL.—Section 101(f) of the Immigration
and Nationality Act (8 U.S.C. 1101(f)) is amended—
(1) in paragraph (8), by striking the period at
the end and inserting ‘‘; or’’; and
(2) by inserting after paragraph (8) the follow-
ing:
‘‘(9) one who is legally obligated under a judg-
ment, decree, or order to pay child support (as de-
fined in section 459(i) of the Social Security Act),
and whose failure to pay such child support has re-
sulted in any arrearage, unless child support pay-
ments under the judgment, decree, or order are sat-
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isfied or the alien is in compliance with an approved
payment agreement.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to aliens applying for a benefit
under the Immigration and Nationality Act on or after
180 days after the date of the enactment of this Act.
SEC. 503. AUTHORIZATION TO SERVE LEGAL PROCESS IN
CHILD SUPPORT CASES ON CERTAIN ARRIV-
ING ALIENS.
(a) IN GENERAL.—Section 235(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(d)) is amended
by adding at the end the following:
‘‘(5) AUTHORITY TO SERVE PROCESS IN CHILD
SUPPORT CASES.—
‘‘(A) IN GENERAL.—To the extent consist-
ent with State law, immigration officers are au-
thorized to serve on any alien who is an appli-
cant for admission to the United States legal
process with respect to any action to enforce or
establish a legal obligation of an individual to
pay child support (as defined in section 459(i)
of the Social Security Act).
‘‘(B) DEFINITION.—For purposes of sub-
paragraph (A), the term ‘legal process’ means
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any writ, order, summons or other similar proc-
ess, which is issued by—
‘‘(i) a court or an administrative
agency of competent jurisdiction in any
State, territory, or possession of the
United States; or
(ii) an authorized official pursuant to
an order of such a court or agency or pur-
suant to State or local law.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to aliens applying for admission
to the United States on or after 180 days after the date
of the enactment of this Act.
SEC. 504. AUTHORIZATION TO OBTAIN INFORMATION ON
CHILD SUPPORT PAYMENTS BY ALIENS.
Section 453(h) of the Social Security Act (42 U.S.C.
653(h)) is amended by adding at the end the following:
‘‘(4) PROVISION TO ATTORNEY GENERAL AND
SECRETARY OF STATE OF INFORMATION ON PER-
SONS
DELINQUENT
IN
CHILD
SUPPORT
PAY-
MENTS.—On request by the Attorney General or the
Secretary of State, the Secretary of Health and
Human Services shall provide the requestor with
such information as the Secretary of Health and
Human Services determines may aid them in deter-
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mining whether an alien is delinquent in the pay-
ment of child support.’’.
Passed the House of Representatives March 5,
1998.
Attest:
ROBIN H. CARLE,
Clerk.