Child Support Performance and Incentive Act of 1998
PL 105-200 (H.R.3130), enacted 07/16/1998

PUBLIC LAW 105-200-JULY 16, 1998 
112 STAT. 645 
Public Law 105-200 
105th Congress 
An Act 
To provide 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 support performance, to provide for a more flexible penalty 
'July lb, l^ti 
procedure for States that violate interjurisdictional adoption requirements, and 
[H.R. 3130] 
for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. 
Child Support 
Performance and 
SECTION 1. SHORT TITLE. 
Incentive Act of 
1998 
This Act may be cited as the "Child Support Performance 
42 usc 1305 
and Incentive Act of 1998". 
note. 
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 
information retrieval system requirement. 
TITLE II—CHILD SUPPORT INCENTIVE SYSTEM 
Sec. 201. Incentive payments to States. 
TITLE III—ADOPTION PROVISIONS 
Sec. 301. More flexible penalty procedxu"e to be applied for failing to permit 
inteijurisdictional 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 
enforcement 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. 
112 STAT. 646 
PUBLIC LAW 105-200-^ULY 16, 1998 
TITLE I—CHILD SUPPORT DATA 
PROCESSING REQUIREMENTS 
SEC. 101. ALTERNATIVE PENALTY PROCEDURE. 
(a) IN GENERAL.—Section 455(a) of the Social Security 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 sec-
tion 454 would (in the absence of this paragraph) be dis-
approved for the failure of the State to comply with a particular 
subparagraph of section 454(24), and that the State has made 
and is continuing 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 Secretary, 
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 during the fiscal year for pur-
poses of this paragraph. 
"(B) In this paragraph: 
"(i) The term 'penalty amount' means, with respect to a 
failure of a State to comply with a subparagraph of section 
454(24)— 
"(I) 4 percent of the penalty base, in the case of the 
first fiscal year in which such a failure by the State occurs 
(regardless of whether a penalty is imposed under this 
paragraph with respect to the failure); 
"(II) 8 percent of the penalty base, in the case of 
the second such fiscal year; 
"(III) 16 percent of the penalty base, in the case of 
the third such fiscal year; 
"(IV) 25 percent of the penalty base, in the case of 
the fourth such fiscal year; or 
"(V) 30 percent of the penalty base, in the case of 
the fifth 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 preced-
ing fiscal year. 
"(C)(i) The Secretary shall waive a penalty under this para-
graph 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 Secretary certify the State 
as having met the requirements of such section; 
"(II) the Secretary subsequently provides the certification 
as a result of a timely review conducted pursuant to the request; 
and 
PUBLIC LAW 105-200-^IULY 16, 1998 
112 STAT. 647 
"(III) the State has not failed such a review. 
"(ii) If a State with respect to which a reduction is made 
under this paragraph for a fiscal year with respect to a failure 
to comply with a subparagraph of section 454(24) achieves compli-
ance with such subparagraph by the beginning of the succeeding 
fiscal year, the Secretary shall increase the amount otherwise pay-
able to the State under paragraph (1)(A) of this subsection for 
the succeeding fiscal year by an amount equal to 90 percent of 
the reduction for the fiscal year. 
"(D) The Secretary may not impose a penalty under this para-
graph against a State with respect to a failure to comply with 
section 454(24)(B) for a fiscal year if the Secretary is required 
to impose a penalty under this paragraph against the State with 
respect to a failure to comply with section 454(24)(A) for the fiscal 
year.". 
(b) 
INAPPLICABILITY OF PENALTY UNDER T A N F 
PROGRAM.— 
Section 409(a)(8)(A)(i)(III) of such Act (42 U.S.C. 609(a)(8)(A)(i)(III)) 
is amended by inserting "(other than section 454(24))" before the 
semicolon. 
SEC. 102. AUTHORITY TO WAIVE SINGLE STATEWIDE AUTOMATED 
DATA PROCESSING AND INFORMATION RETRIEVAL 
SYSTEM REQUIREMENT. 
(a) IN GENERAL.—Section 452(d)(3) of the Social Security Act 
(42 U.S.C. 652(d)(3)) is amended to read as follows: 
"(3) The Secretary may waive any requirement of paragraph 
(1) or any condition specified under section 454(16), and shall waive 
the single statewide system requirement under sections 454(16) 
and 454A, with respect to a State if— 
"(A) the State demonstrates to the satisfaction of the 
Secretary that the State has or can develop an alternative 
system or systems that enable the State— 
"(i) for purposes of section 409(a)(8), to achieve the 
paternity establishment percentages (as defined in section 
452(g)(2)) and other performance measures that may be 
established by the Secretary; 
"(ii) to submit data under section 454(15)(B) that is 
complete and reliable; 
"(iii) to substantially comply with the requirements 
of this part; and 
"(iv) in the case of a request to waive the single state-
wide system requirement, to— 
"(I) meet all functional requirements of sections 
454(16) and 454A; 
"(II) ensure that calculation of distributions meets 
the requirements of section 457 and accounts for 
distributions to children in different families or in 
different States or sub-State jurisdictions, and for dis-
tributions to other States; 
"(III) ensure that there is only one point of contact 
in the State which provides seamless case processing 
for all interstate case processing and coordinated, auto-
mated intrastate case management; 
"(IV) ensure that standardized data elements, 
forms, and definitions are used throughout the State; 
59-194 O - 98 - 22 : QL 3 Part 1 
112 STAT. 648 
PUBLIC LAW 105-200-^TULY 16, 1998 
"(V) complete the alternative system in no more 
time than it would take to complete a single statewide 
system that meets such requirement; and 
"(VI) process child support cases as quickly, 
efficiently, and effectively as such cases would be proc-
essed through a single statewide system that meets 
such requirement; 
"(B)(i) the waiver meets the criteria of paragraphs (1), 
(2), and (3) of section 1115(c); or 
"(ii) the State provides assurances to the Secretary that 
steps will be taken to otherwise improve the State's child sup-
port enforcement program; and 
"(C) in the case of a request to waive the single statewide 
system requirement, the State has submitted to the Secretary 
separate estimates of the total cost of a single statewide system 
that meets such requirement, and of any such alternative sys-
tem or systems, which shall include estimates of the cost of 
developing and completing the system and of operating and 
maintaining the system for 5 years, and the Secretary has 
agreed with the estimates.". 
(b) PAYMENTS TO STATES.—Section 455(a)(1) of such Act (42 
U.S.C. 655(a)(1)) is amended— 
(1) by striking "and" at the end of subparagraph (B); 
(2) by striking the semicolon at the end of subparagraph 
(C) and inserting ", and"; and 
(3) by inserting after subparagraph (C) the following: 
"(D) equal to 66 percent of the sums expended by the 
State during the quarter for an alternative statewide system 
for which a waiver has been granted under section 452(d)(3), 
but only to the extent that the total of the sums so expended 
by the State on or after the date of the enactment of this 
subparagraph does not exceed the least total cost estimate 
submitted by the State pursuant to section 452(d)(3)(C) in 
the request for the waiver;". 
TITLE II—CHILD SUPPORT INCENTIVE 
SYSTEM 
SEC. 201. INCENTIVE PAYMENTS TO STATES. 
(a) IN GENERAL.—Part D of title IV of the Social Security 
Act (42 U.S.C. 651-669) is amended by inserting after section 
458 the following: 
42 use 658a. 
"SEC. 458A. INCENTIVE PAYMENTS TO STATES. 
"(a) IN GENERAL.—In addition to any other pa)mient under 
this part, the Secretary shall, subject to subsection (f), make an 
incentive pa5anent to each State for each fiscal year in an amount 
determined under subsection (b). 
"(b) AMOUNT OF INCENTIVE PAYMENT.— 
"(1) IN GENERAL.—^The incentive pa5anent for a State for 
a fiscal year is equal to the incentive payment pool for the 
fiscal year, multiplied by the State incentive pa3anent share 
for the fiscal year. 
"(2) INCENTIVE PAYMENT POOL.— 
"(A) IN GENERAL.—In paragraph (1), the term 'incentive 
pajonent pool' means— 
PUBLIC LAW 105-200-^ULY 16, 1998 
112 STAT. 649 
"(i) $422,000,000 for fiscal year 2000; 
"(ii) $429,000,000 for fiscal year 2001; 
"(iii) $450,000,000 for fiscal year 2002; 
"(iv) $461,000,000 for fiscal year 2003; 
"(v) $454,000,000 for fiscal year 2004; 
"(vi) $446,000,000 for fiscal year 2005; 
"(vii) $458,000,000 for fiscal year 2006; 
"(viii) $471,000,000 for fiscal year 2007; 
"(ix) $483,000,000 for fiscal year 2008; and 
"(x) for any succeeding fiscal year, the amount 
of the incentive payment pool for the fiscal year that 
precedes such succeeding fiscal year, multiplied by the 
percentage (if any) by which the CPI for such preceding 
fiscal year exceeds the CPI for the second preceding 
fiscal year. 
"(B) CPI.—^For purposes of subparagraph (A), the CPI 
for a fiscal year is the average of the Consumer Price 
Index for the 12-month period ending on September 30 
of the fiscal year. As used in the preceding sentence, the 
term 'Consumer Price Index' means the last Consumer 
Price Index for all-urban consumers published by the 
Department of Labor. 
"(3) STATE INCENTIVE PAYMENT SHARE.—In paragraph (1), 
the term 'State incentive payment share' means, with respect 
to a fiscal year— 
"(A) the incentive base amount for the State for the 
fiscal year; divided by 
"(B) the sum of the incentive base amounts for all 
of the States for the fiscal year. 
"(4) INCENTIVE BASE AMOUNT.—In paragraph (3), the term 
'incentive base amount' means, with respect to a State and 
a fiscal year, the sum of the applicable percentages (determined 
in accordance with paragraph (6)) multiplied by the correspond-
ing maximum incentive base amounts for the State for the 
fiscal year, with respect to each of the following measures 
of State performance for the fiscal year: 
"(A) The paternity establishment performance level. 
"(B) The support order performance level. 
"(C) The current payment performance level. 
"(D) The arrearage pajnnent performance level. 
"(E) The cost-effectiveness performance level. 
"(5) MAXIMUM INCENTIVE BASE AMOUNT.— 
"(A) IN GENERAL.—^For purposes of paragraph (4), the 
maximum incentive base amount for a State for a fiscal 
year is— 
"(i) with respect to the performance measures 
described in subparagraphs (A), (B), and (C) of para-
graph (4), the State collections base for the fiscal year; 
and 
"(ii) with respect to the performance measures 
described in subparagraphs (D) and (E) of paragraph 
(4), 75 percent of the State collections base for the 
fiscal year. 
"(B) DATA REQUIRED TO BE COMPLETE AND RELIABLE.— 
Notwithstanding subparagraph (A), the maximum incentive 
base amount for a State for a fiscal year with respect 
to a performance measure described in paragraph (4) is 
112 STAT. 650 
PUBLIC LAW 105-200-^JULY 16, 1998 
zero, unless the Secretary determines, on the basis of an 
audit performed under section 452(a)(4)(C)(i), that the data 
which the State submitted pursuant to section 454(15)(B) 
for the fiscal year and which is used to determine the 
performance level involved is complete and reliable. 
"(C) 
STATE 
COLLECTIONS 
BASE.—For 
purposes 
of 
subparagraph (A), the State collections base for a fiscal 
year is equal to the sum of— 
"(i) 2 times the sum of— 
"(I) the total amount of support collected dur-
ing the fiscal year under the State plan approved 
under this part in cases in which the support 
obligation involved is required to be assigned to 
the State pursuant to part A or E of this title 
or title XDC; and 
"(II) the total amount of support collected dur-
ing the fiscal year under the State plan approved 
under this part in cases in which the support 
obligation involved was so assigned but, at the 
time of collection, is not required to be so assigned; 
and 
"(ii) the total amount of support collected during 
the fiscal year under the State plan approved under 
this part in all other cases. 
"(6) DETERMINATION OF APPLICABLE PERCENTAGES BASED 
ON PERFORMANCE LEVELS.— 
"(A) PATERNITY ESTABLISHMENT.— 
"(i) DETERMINATION OF PATERNITY ESTABLISHMENT 
PERFORMANCE LEVEL.—^The paternity 
establishment 
performance level for a State for a fiscal year is, at 
the option of the State, the IV-D paternity establish-
ment percentage determined under section 452(g)(2)(A) 
or the statewide paternity establishment percentage 
determined under section 452(g)(2)(B). 
"(ii) 
DETERMINATION OF APPLICABLE 
PERCENT-
AGE.—^The applicable percentage with respect to a 
State's paternity establishment performance level is 
as follows: 
"If the paternity establishment perform-
ance level is: 
The applicable 
percentage is: 
At least: 
But less than: 
80% 
100 
79% 
80% 
98 
78% 
79% 
96 
77% 
78% 
94 
76% 
77% 
92 
75% 
76% 
90 
74% 
75% 
88 
73% 
74% 
86 
72% 
73% 
84 
71% 
72% 
82 
70% 
71% 
80 
69% 
70% 
79 
68% 
69% 
78 
PUBLIC LAW 105-200-^JULY 16, 1998 
112 STAT. 651 
"If the paternity establishment perform-
ance level is: 
At least: 
67% 
66% 
65% 
64% 
63% 
62% 
61% 
60% 
59% 
58% 
57% 
56% 
55% 
54% 
53% 
52% 
51% 
50% 
0% 
But less than: 
68% 
67% 
66% 
65% 
64% 
63% 
62% 
61% 
60% 
59% 
58% 
57% 
56% 
55% 
54% 
53% 
52% 
51% 
50% 
The applicable 
percentage is: 
77 
76 
75 
74 
73 
72 
71 
70 
69 
68 
67 
66 
65 
64 
63 
62 
61 
60 
0. 
Notwithst£inding the preceding sentence, if the pater-
nity estabUshment performance level of a State for 
a fiscal year is less than 50 percent but exceeds by 
at least 10 percentage points the paternity establish-
ment performance level of the State for the imme-
diately preceding fiscal year, then the applicable 
percentage with respect to the State's 
paternity 
establishment performance level is 50 percent. 
"(B) ESTABLISHMENT OF CHILD SUPPORT ORDERS.— 
"(i) DETERMINATION OF SUPPORT ORDER PERFORM-
ANCE LEVEL.—^The support order performance level for 
a State for a fiscal year is the percentage of the total 
number of cases under the State plan approved under 
this part in which there is a support order during 
the fiscal year. 
"(ii) 
DETERMINATION 
OF 
APPLICABLE 
PERCENT-
AGE.—^The applicable percentage with respect to a 
State's support order performance level is as follows: 
**If the support order performance level is: 
™
,
. 
aoDlicable 
^t least: 
But less than: 
percentage is: 
80% 
100 
79% 
80% 
98 
78% 
79% 
96 
77% 
78% 
94 
76% 
77% 
92 
75% 
76% 
90 
74% 
75% 
88 
73% 
74% 
86 
72% 
73% 
84 
112 STAT. 652 
PUBLIC LAW 105-200-JULY 16, 
"If the support order performance 
71% , 
70% , 
69% , 
68% , 
67% , 
66% 
65% , 
64% . 
63% , 
62% , 
61% , 
60% . 
59% , 
58% . 
57% . 
56% . 
55% 
54% , 
53% . 
52% , 
51% , 
50% . 
0% .. 
At least: 
level is: 
But less than: 
.... 
72% 
.... 
71% 
.... 
70% 
69% 
.... 
68% 
.... 
67% 
.... 
66% 
65% 
.... 
64% 
.... 
63% 
.... 
62% 
.... 
61% 
.... 
60% 
.... 
59% 
.... 
58% 
.... 
57% 
.... 
56% 
.... 
55% 
.... 
54% 
.... 
53% 
52% 
51% 
.... 
50% 
1998 
The applicable 
percentage is: 
82 
80 
79 
78 
77 
76 
75 
74 
73 
72 
71 
70 
69 
68 
67 
66 
65 
64 
63 
62 
61 
60 
0. 
Notwithstanding the preceding sentence, if the support 
order performance level of a State for a fiscal year 
is less than 50 percent but exceeds by at least 5 
percentage points the support order performance level 
of the State for the immediately preceding fiscal year, 
then the applicable percentage with respect to the 
State's support order performance level is 50 percent. 
"(C) COLLECTIONS ON CURRENT CHILD SUPPORT DUE.— 
"(i) 
DETERMINATION 
OF 
CURRENT 
PAYMENT 
PERFORMANCE LEVEL.—^The current payment perform-
ance level for a State for a fiscal year is equal to 
the total amount of current support collected during 
the fiscal year under the State plan approved under 
this part divided by the total amount of current support 
owed during the fiscal year in all cases under the 
State plan, expressed as a percentage. 
"(ii) 
DETERMINATION OF APPLICABLE PERCENT-
AGE.—^The applicable percentage with respect to a 
State's current payment performance level is as follows: 
"If the current payment performance level 
is: 
At least: 
But less than: 
80% 
79% 
80% 
78% 
79% 
77% 
78% 
The applicable 
percentage is: 
100 
98 
96 
94 
PUBLIC LAW 105-200-^ULY 16, 1998 
112 STAT. 653 
"If the current payment performance level 
is: 
At least: 
76% 
75% 
74% 
73% 
72% 
71% 
70% 
69% 
68% 
67% 
66% 
65% 
64% 
63% 
62% 
61% 
60% 
59% 
58% 
57% 
56% 
55% 
54% 
53% 
52% 
51% 
50% 
49% 
48% 
47% 
46% 
45% 
44% 
43% 
42% 
41% 
40% 
0% 
But less than: 
77% 
76% 
75% 
74% 
73% 
72% 
71% 
70% 
69% 
68% 
67% 
66% 
65% 
64% 
63% 
62% 
61% 
60% 
59% 
58% 
57% 
56% 
55% 
54% 
53% 
52% 
51% 
50% 
49% 
48% 
47% 
46% 
45% 
44% 
43% 
42% 
41% 
40% 
The applicable 
percentage is: 
92 
90 
88 
86 
84 
82 
80 
79 
78 
77 
76 
75 
74 
73 
72 
71 
70 
69 
68 
67 
66 
65 
64 
63 
62 
61 
60 
59 
58 
57 
56 
55 
54 
53 
52 
51 
50 
0. 
Notwithstanding the preceding sentence, if the current 
payment performance level of a State for a fiscal year 
is less than 40 percent but exceeds by at least 5 
percentage points the current payment performance 
level of the State for the immediately preceding fiscal 
year, then the applicable percentage with respect to 
the State's current payment performance level is 50 
percent. 
"(D) COLLECTIONS ON CHILD SUPPORT ARREARAGES.— 
"(i) 
DETERMINATION 
OF 
ARREARAGE 
PAYMENT 
PERFORMANCE 
LEVEL.—^The 
arrearage 
payment 
performance level for a State for a fiscal year is equal 
to the total number of cases under the State plan 
approved under this part in which payments of past-
112 STAT. 654 
PUBLIC LAW 105-200-JULY 16, 1998 
due child support were received during the fiscal year 
and part or all of the payments were distributed to 
the family to whom the past-due child support was 
owed (or, if all past-due child support owed to the 
family was, at the time of receipt, subject to an assign-
ment to the State, part or all of the payments were 
retained by the State) divided by the total number 
of cases under the State plan in which there is past-
due child support, expressed as a percentage. 
"(ii) 
DETERMINATION 
OF 
APPLICABLE 
PERCENT-
AGE.—^The applicable percentage with respect to a 
State's arrearage payment performance level is as 
follows: 
"K the arrearage payment performance 
level is: 
At least: 
80% 
79% 
78% 
77% 
76% 
75% 
74% 
73% 
72% 
71% 
70% 
69% 
68% 
67% 
66% 
65% 
64% 
63% 
62% 
61% 
60% 
59% 
58% 
57% 
56% 
55% 
54% 
53% 
52% 
51% 
50% 
49% 
48% 
47% 
46% 
45% 
44% 
43% 
42% 
But less than: 
80% 
79% 
78% 
77% 
76% 
75% 
74% 
73% 
72% 
71% 
70% 
69% 
68% 
67% 
66% 
65% 
64% 
63% 
62% 
61% 
60% 
59% 
58% 
57% 
56% 
55% 
54% 
53% 
52% 
51% 
50% 
49% 
48% 
47% 
46% 
45% 
44% 
43% 
The applicable 
percentage is: 
100 
98 
96 
94 
92 
90 
88 
86 
84 
82 
80 
79 
78 
77 
76 
75 
74 
73 
72 
71 
70 
69 
68 
67 
66 
65 
64 
63 
62 
61 
60 
59 
58 
57 
56 
55 
54 
53 
52 
PUBLIC LAW 105-200-^ULY 16, 1998 
112 STAT. 655 
*
*
!
£ the arrearage payment performance 
level is: 
At least: 
But less than: 
41% 
42% 
40% 
41% 
0% 
40% 
The applicable 
percentage is: 
51 
50 
0. 
Notwithstanding the preceding sentence, if the arrear-
age pajonent performance level of a State for a fiscal 
year is less than 40 percent but exceeds by at least 
5 percentage points the arrearage payment perform-
ance level of the State for the immediately preceding 
fiscal year, then the applicable percentage with respect 
to the State's arrearage payment performance level 
is 50 percent. 
"(E) COST-EFFECTIVENESS.— 
"(i) 
DETERMINATION 
OF 
COST-EFFECTIVENESS 
PERFORMANCE LEVEL.—^The cost-effectiveness perform-
ance level for a State for a fiscal year is equal to 
the total amount collected during the fiscal year under 
the State plan approved under this part divided by 
the total amount expended during the fiscal year under 
the State plan, expressed as a ratio. 
"(ii) 
DETERMINATION 
OF APPLICABLE 
PERCENT-
AGE.—^The applicable percentage with respect to a 
State's cost-effectiveness 
performance 
level is as 
follows: 
"If the cost-effectiveness performance 
level is: 
5.00 
4.50 
4.00 
3.50 
3.00 
2.50 
2.00 
0.00 
At least: 
But less than: 
4.99 
4.50 
4.00 
3.50 
3.00 
2.50 
2.00 
The applicable 
percentage is: 
100 
90 
80 
70 
60 
50 
40 
0. 
"(c) TREATMENT OF INTERSTATE COLLECTIONS.—In computing 
incentive payments under this section, support which is collected 
by a State at the request of another State shall be treated as 
having been collected in full by both States, and any amounts 
expended by a State in carrying out a special project assisted 
under section 455(e) shall be excluded. 
"(d) ADMINISTRATIVE PROVISIONS.—The amounts of the incen-
tive payments to be made to the States under this section for 
a fiscal year shall be estimated by the Secretary at/or before the 
beginning of the fiscal year on the basis of the best information 
available. The Secretary shall make the payments for the fiscal 
year, on a quarterly basis (with each quarterly payment being 
made no later than the beginning of the quarter involved), in 
the amounts so estimated, reduced or increased to the extent of 
112 STAT. 656 
PUBLIC LAW 105-200—JULY 16, 1998 
any overpayments or underpayments which the Secretary deter-
mines were made under this section to the States involved for 
prior periods and with respect to which adjustment has not already 
been made under this subsection. Upon the making of any estimate 
by the Secretary under the preceding sentence, any appropriations 
available for payments under this section are deemed obligated. 
"(e) REGULATIONS.—^The Secretary shall prescribe such regula-
tions as may be necessary governing the calculation of incentive 
payments under this section, including directions for excluding from 
the calculations certain closed cases and cases over which the 
States do not have jurisdiction. 
"(f) REINVESTMENT.—^A State to which a pa3mtient is made 
under this section shall expend the full amount of the payment 
to supplement, and not supplant, other funds used by the State— 
"(1) to carry out the State plan approved under this 
part; or 
"(2) for any activity (including cost-effective contracts with 
local agencies) approved by the Secretary, whether or not the 
expenditures for the activity are eligible for reimbursement 
under this part, which may contribute to improving the 
effectiveness or efficiency of the State program operated under 
this part.". 
42 use 658a 
(b) TRANSITION RULE.—^Notwithstanding any other provision 
note. 
of law— 
(1) for fiscal year 2000, the Secretary shall reduce by one-
third the amount otherwise payable to a State under section 
458 of the Social Security Act, and shall reduce by two-thirds 
the amount otherwise payable to a State under section 458A 
of such Act; and 
(2) for fiscal year 2001, the Secretary shall reduce by two-
thirds the amount otherwise payable to a State under section 
458 of the Social Security Act, and shall reduce by one-third 
the amount otherwise payable to a State under section 458A 
of such Act. 
42 use 658a 
(c) REGULATIONS.—Within 9 months after the date of the enact-
"lote. 
ment of this section, the Secretary of Health and Human Services 
shall prescribe regulations governing the implementation of section 
458A of the Social Security Act when such section takes effect 
and the implementation of subsection (b) of this section. 
42 u s e 658a 
(d) STUDIES.— 
note. 
(1) GENERAL REVIEW OF NEW INCENTIVE PAYMENT SYSTEM.— 
(A) IN GENERAL.—^The Secretary of Health and Human 
Services shall conduct a study of the implementation of 
the incentive pajrment system established by section 458A 
of the Social Security Act, in order to identify the problems 
and successes of the system. 
Deadlines. 
(B) REPORTS TO THE CONGRESS.— 
(i) REPORT ON VARIATIONS IN STATE PERFORMANCE 
ATTRIBUTABLE TO DEMOGRAPHIC VARIABLES.—^Not l a t e r 
than October 1, 2000, the Secretary shall submit to 
the Congress a report that identifies any demographic 
or economic variables that account for differences in 
the performance levels achieved by the States with 
respect to the performance measures used in the sys-
tem, and contains the recommendations of the Sec-
retary for such adjustments to the system as may 
be necessary to ensure that the relative performance 
'•^mt^ 
PUBLIC LAW 105-200-^JULY 16, 1998 
112 STAT. 657 
of States is measured from a baseline that takes 
account of any such variables. 
(ii) INTERIM REPORT.—^Not later than March 1, 
2001, the Secretary shall submit to the Congress an 
interim report that contains the findings of the study 
required by subparagraph (A). 
(iii) FINAL REPORT.—^Not later than October 1, 
2003, the Secretary shall submit to the Congress a 
final report that contains the final findings of the 
study required by subparagraph (A). The report shall 
include any recommendations for changes in the sys-
tem that the Secretary determines would improve the 
operation of the child support enforcement program. 
(2) DEVELOPMENT OF MEDICAL SUPPORT INCENTIVE.— 
(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 performance 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 sys-
tem established by section 458A of the Social Security 
Act. 
(B) REPORT.—Not later than October 1, 1999, the Sec-
retary shall submit to the Congress a report that describes 
the performance measure and contains the recommenda-
tions required by subparagraph (A). 
(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 redesignating sub-
sections (b), (c), and (d) as subsections (a), (b), and (c), 
respectively; and 
(B) in subsection (c) (as so redesignated)— 
(i) by striking paragraph (1) and inserting 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 section 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 
subsection shall take effect as if included in the enactment 
of section 341 of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996. 
(f) 
ELIMINATION 
OF 
PREDECESSOR 
INCENTIVE 
PAYMENT 
SYSTEM.— 
(1) REPEAL.—Section 458 of the Social Security Act (42 
U.S.C. 658) is repealed. 
(2) CONFORMING AMENDMENTS.— 
Deadline. 
42 u s e 652 and 
note, 658 and 
notes. 
42 u s e 658 note. 
Effective date. 
42 u s e 652 note. 
42 u s e 652 note. 
112 STAT. 658 
PUBLIC LAW 105-200-JULY 16, 1998 
(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 section 101(a) of this Act, 
is amended— 
(i) 
by 
striking 
"458A(b)(4)" 
and 
inserting 
"458(b)(4)"; 
(ii) 
by 
striking 
"458A(b)(6)" 
and 
inserting 
"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". 
42 use 655 note. 
(3) EFFECTIVE DATE.—^The amendments made by this 
subsection shall take effect on October 1, 2001. 
42 use 658a 
(g) GENERAL EFFECTIVE DATE.—Except as Otherwise provided 
note. 
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 APPLIED FOR 
FAILING TO PERMIT INTERJURISDICTIONAL ADOPTION. 
(a) CONVERSION OF FUNDING BAN INTO STATE PLAN REQUIRE-
MENT.—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 paragraph (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 responsibility 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 subparagraph (A) of this para-
graph is denied by 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 section 471(a)". 
(c) CONFORMING AMENDMENT.—Section 474 of such Act (42 
U.S.C. 674) is amended by striking subsection (e). 
42 use 671 note. 
(d) RETROACTIVITY.—^The amendments made by this section 
shall take effect as if included in the enactment of section 202 
of the Adoption and Safe Families Act of 1997 (Public Law 105-
89; 111 Stat. 2125). 
PUBLIC LAW 105-200-^ULY 16, 1998 
TITLE IV—MISCELLANEOUS 
112 STAT. 659 
Deadline. 
Establishment. 
SEC. 401. ELIMINATION OF BARRIERS TO THE EFFECTIVE ESTABLISH-
MENT AND ENFORCEMENT OF MEDICAL CHILD SUPPORT. 
(a) STUDY ON EFFECTIVENESS OF ENFORCEMENT OF MEDICAL 42 use 65I note. 
SUPPORT BY STATE AGENCIES.— 
(1) MEDICAL CHILD SUPPORT WORKING GROUP.—Within 60 
days after the date of the enactment of this Act, the Secretary 
of Health and Human Services and the Secretary of Labor 
shall jointly establish a Medical Child Support Working Group. 
The purpose of the Working Group shall be to identify the 
impediments to the effective enforcement of medical support 
by State agencies administering the programs operated pursu-
ant to part D of title IV of the Social Security Act. 
(2) MEMBERSHIP.—^The Working Group shall consist of not 
more than 30 members and shall be composed of representa-
tives of— 
(A) the Department of Labor; 
(B) the Department of Health Eind Human Services; 
(C) State directors of programs under part D of title 
rV of the Social Security Act; 
(D) State directors of the Medicaid program under 
title XIX of the Social Security Act; 
(E) employers, including owners of small businesses 
and their trade or industry representatives and certified 
human resource and payroll professionals; 
(F) plan administrators and plan sponsors of group 
health plans (as defined in section 607(1) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1167(1)); 
(G) children potentially eligible for medical support, 
such as child advocacy organizations; 
(H) State medical child support programs; and 
(I) organizations representing State child support 
programs. 
(3) COMPENSATION.—^The members shall serve without 
compensation. 
(4) ADMINISTRATIVE SUPPORT.—The Department of Health 
and Human Services and the Department of Labor shall jointly 
provide appropriate administrative support to the Working 
Group, including technical assistance. The Working Group may 
use the services and facilities of either such Department, with 
or without reimbursement, as jointly determined by such 
Departments. 
(5) REPORT.— 
(A) REPORT BY WORKING GROUP TO THE SECRETARIES.— Deadline. 
^ 
Not later than 18 months after the date of the enactment 
of this Act, the Working Group shall submit to the Sec-
retary of Labor and the Secretary of Health and Human 
Services a report containing recommendations for appro-
priate measures to address the impediments to the effective 
enforcement of medical support by State agencies admin-
istering the programs operated pursuant to part D of title 
IV of the Social Security Act identified by the Working 
Group, including— 
112 STAT. 660 
PUBLIC LAW 105-200-^JULY 16, 1998 
Deadline. 
Regulations. 
42 u s e 651 note. 
(i) recommendations based on assessments of the 
form and content of the National Medical Support 
Notice, as issued under interim regulations; 
(ii) appropriate measures that establish the prior-
ity of withholding of child support obligations, medical 
support obligations, arrearages in such obligations, and 
in the case of a medical support obligation, the employ-
ee's portion of any health care coverage premium, by 
such State agencies in light of the restrictions on 
garnishment provided under title III of the Consumer 
Credit Protection Act (15 U.S.C. 1671-1677); 
(iii) appropriate procedures for coordinating the 
provision, enforcement, and transition of health care 
coverage under the State programs operated pursuant 
to part D of title IV of the Social Security Act £md 
titles XIX and XXI of such Act; 
(iv) appropriate measures to improve the availabil-
ity of alternate t3T)es of medical support that are aside 
from health coverage offered through the noncustodial 
parent's health plan and unrelated to the noncustodial 
parent's employer, including measures that establish 
a noncustodial parent's responsibility to share the cost 
of premiums, co-payments, deductibles, or payments 
for services not covered under a child's existing health 
coverage; 
(v) recommendations on whether reasonable cost 
should remain a consideration under section 452(f) 
of the Social Security Act; and 
(vi) appropriate measures for eliminating any other 
impediments to the effective enforcement of medical 
support orders that the Working Group deems nec-
essary. 
(B) REPORT BY SECRETARIES TO THE CONGRESS.—^Not 
later than 2 months after receipt of the report pursuant 
to subparagraph (A), the Secretaries shall jointly submit 
a report to each House of the Congress regarding the 
recommendations contained in the report under subpara-
graph (A). 
(6) TERMINATION.—The Working Group shall terminate 30 
days after the date of the issuance of its report under paragraph 
(5). 
(b) PROMULGATION OF NATIONAL MEDICAL SUPPORT NOTICE.— 
(1) IN GENERAL.—^The Secretary of Health and Human 
Services and the Secretary of Labor shall jointly develop and 
promulgate by regulation a National Medical Support Notice, 
to be issued by States as a means of enforcing the health 
care coverage provisions in a child support order. 
(2) REQUIREMENTS.—The National Medical Support Notice 
shall— 
(A) conform with the requirements which apply to 
• medical child support orders under section 609(a)(3) of 
the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1169(aX3)) in connection with group health plans 
(subject to section 609(a)(4) of such Act), irrespective of 
whether the group health plan is covered under section 
4of such Act; 
PUBLIC LAW 105-200-JULY 16, 1998 
112 STAT. 661 
(B) conform with the requirements of part D of title 
IV of the Social Security Act; and 
(C) include a separate and easily severable employer 
withholding notice, informing the employer of— 
(i) applicable provisions of State law requiring the 
employer to withhold any employee contributions due 
under any group health plan in connection with 
coverage required to be provided under such order; 
(ii) the duration of the withholding requirement; 
(iii) the applicability of limitations on any such 
withholding under title III of the Consumer Credit 
Protection Act; 
(iv) the applicability of any prioritization required 
under State law between amounts to be withheld for 
purposes of cash support and amounts to be withheld 
for purposes of medical support, in cases where avail-
able funds are insufficient for full withholding for both 
purposes; and 
(v) the name and telephone number of the appro-
priate unit or division to contact at the State agency 
regarding the National Medical Support Notice. 
(3) PROCEDURES.—^The regulations promulgated pursuant 
to paragraph (1) shall include appropriate procedures for the 
transmission of the National Medical Support Notice to employ-
ers by State agencies administering the programs operated 
pursuant to part D of title IV of the Social Security Act. 
(4) INTERIM REGULATIONS.—^Not later than 10 months after 
the date of the enactment of this Act, the Secretaries shall 
issue interim regulations providing for the National Medical 
Support Notice. 
(5) FINAL REGULATIONS.—^Not later than 1 year after the 
issuance of the interim regulations under paragraph (4), the 
Secretary of Health and Human Services and the Secretary 
of Labor shall jointly issue final regulations providing for the 
National Medical Support Notice. 
(c) REQUIRED USE BY STATES OF NATIONAL MEDICAL SUPPORT 
NOTICES.— 
(1) STATE PROCEDURES.—Section 466(a)(19) of the Social 
Security Act (42 U.S.C. 666(a)(19)) is amended to read as 
follows: 
"(19) HEALTH CARE COVERAGE.—Procedures under which— 
"(A) effective as provided in section 401(c)(3) of the 
Child Support Performance and Incentive Act of 1998, all 
child support orders enforced pursuant to this part which 
include a provision for the health care coverage of the 
child are enforced, where appropriate, through the use 
of the National Medical Support Notice promulgated pursu-
ant to section 401(b) of the Child Support Performance 
and Incentive Act of 1998 (and referred to in section 
609(a)(5)(C) of the Employee Retirement Income Security 
Act of 1974 in connection with group health plans covered 
under title I of such Act, in section 401(e)(3)(C) of the 
Child Support Performance and Incentive Act of 1998 in 
connection with State or local group health plans, and 
in section 401(f)(5)(C) of such Act in connection with church 
group health plans); 
Deadline. 
Deadline. 
112 STAT. 662 
PUBLIC LAW 105-200-JULY 16, 1998 
"(B) unless alternative coverage is allowed for in any 
order of the court (or other entity issuing the child support 
order), in any case in which a noncustodial parent is 
required under the child support order to provide such 
health care coverage and the employer of such noncustodial 
parent is known to the State agency— 
"(i) the State agency uses the National Medical 
Support Notice to transfer notice of the provision for 
the health care coverage of the child to the employer; 
"(ii) within 20 business days after the date of the 
National Medical Support Notice, the employer is 
required to transfer the Notice, excluding the severable 
employer withholding notice described in section 
401(b)(2)(C) of the Child Support Performance and 
Incentive Act of 1998, to the appropriate plan providing 
any such health care coverage for which the child 
is eligible; 
"(iii) in any case in which the noncustodial parent 
is a newly hired employee entered in the State Direc-
tory of New Hires pursuant to section 453A(e), the 
State agency provides, where appropriate, the National 
Medical Support Notice, together with an income 
withholding notice issued pursuant to section 466(b), 
within two days after the date of the entry of such 
employee in such Directory; and 
"(iv) in any case in which the employment of the 
noncustodial parent with any employer who has 
received a National Medical Support Notice is termi-
nated, such employer is required to notify the State 
agency of such termination; and 
"(C) any liability of the noncustodial parent to such 
plan for employee contributions which are required under 
such plan for enrollment of the child is effectively subject 
to appropriate enforcement, unless the noncustodial parent 
contests such enforcement based on a mistake of fact.". 
(2) CONFORMING AMENDMENTS.—Section 452(f) of such Act 
(42 U.S.C. 652(f)) is amended in the first sentence— 
(A) by striking "petition for the inclusion of" and 
inserting "include"; and 
(B) by inserting "and enforce medical support" before 
"whenever". 
42 use 652 note. 
(3) EFFECTIVE DATE.—^The amendments made by this sub-
section shall be effective with respect to periods beginning 
on or after the later of— 
(A) October 1, 2001; or 
(B) the effective date of laws enacted by the legislature 
of such State implementing such amendments, 
but in no event later than the first day of the first calendar 
quarter beginning after the close of the first regular session 
of the State legislature that begins after the date of the enact-
ment of this Act. For purposes of the preceding sentence, in 
the case of a State that has a 2-year legislative session, each 
year of such session shall be deemed to be a separate regular 
session of the State legislature. 
(d) 
NATIONAL MEDICAL SUPPORT NOTICE DEEMED UNDER 
ERISA A QUALIFIED MEDICAL CHILD SUPPORT ORDER.—Section 
609(a)(5) of the Employee Retirement Income Security Act of 1974 
PUBLIC LAW 105-200-JULY 16, 1998 
112 STAT. 663 
(29 U.S.C. 1169(a)(5)) is amended by adding at the end the follow- 
^ 
ing: 
"(C) NATIONAL MEDICAL SUPPORT NOTICE DEEMED TO 
BE A QUALIFIED MEDICAL CHILD SUPPORT ORDER.— 
"(i) IN GENERAL.—If the plan administrator of a 
group health plan which is maintained by the employer 
of a noncustodial parent of a child or to which such 
an employer contributes receives an appropriately com-
pleted National Medical Support Notice promulgated 
pursuant to section 401(b) of the Child Support 
Performance and Incentive Act of 1998 in the case 
of such child, and the Notice meets the requirements 
of paragraphs (3) and (4), the Notice shall be deemed 
to be a qualified medical child support order in the 
case of such child. 
"(ii) ENROLLMENT OF CHILD IN PLAN.—In any case 
in which an appropriately completed National Mediced 
Support Notice is issued in the case of a child of 
a participant under a group health plan who is a 
noncustodial parent of the child, and the Notice is 
deemed under clause (i) to be a qualified medical child 
support order, the plan administrator, within 40 busi-
ness days after the date of the Notice, shall— 
"(I) notify the State agency issuing the Notice Notification, 
with respect to such child whether coverage of 
the child is available under the terms of the plan 
and, if so, whether such child is covered under 
the plan and either the effective date of the cov-
erage or, if necessary, any steps to be taken by 
the custodial parent (or by the official of a State 
or political subdivision thereof substituted for the 
name of such child pursuant to paragraph (3)(A)) 
to effectuate the coverage; and 
"(II) provide to the custodial parent (or such 
substituted official) a description of the coverage 
available and any forms or documents necessary 
to effectuate such coverage. 
"(iii) RULE OF CONSTRUCTION.—Nothing in this 
t 
subparagraph shall be construed as requiring a group 
health plan, upon receipt of a National Medical Support 
Notice, to provide benefits under the plan (or eligibility 
for such benefits) in addition to benefits (or eligibility 
for benefits) provided under the terms of the plan 
as of immediately before receipt of such Notice.". 
(e) NATIONAL MEDICAL SUPPORT NOTICES FOR STATE OR LOCAL 29 use ii69 
GOVERNMENTAL GROUP HEALTH PLANS.— 
note-
(1) IN GENERAL.—Each State or local governmental group 
health plan shall provide benefits in accordance with the 
applicable requirements of any National Medical Support 
Notice. 
(2) ENROLLMENT OF CHILD IN PLAN.—In any case in which 
an appropriately completed National Medical Support Notice 
is issued in the case of a child of a participant under a State 
or local governmental group health plan who is a noncustodial 
parent of the child, the plan administrator, within 40 business 
days after the date of the Notice, shall— 
112 STAT. 664 
PUBLIC LAW 105-200-JULY 16, 1998 
Notification. 
29 use 1169 
note. 
(A) notify the State agency issuing the Notice with 
respect to such child whether coverage of the child is avail-
able under the terms of the plan and, if so, whether such 
child is covered under the plan and either the effective 
date of the coverage or any steps necessary to be taken 
by the custodial parent (or by any official of a State or 
political subdivision thereof substituted in the Notice for 
the name of such child in accordance with procedures 
appliable under subsection (b)(2) of this section) to effec-
tuate the coverage; and 
(B) provide to the custodial parent (or such substituted 
official) a description of the coverage available and any 
forms or documents necessary to effectuate such coverage. 
(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed as requiring a State or local governmental 
group health plan, upon receipt of a National Medical Support 
Notice, to provide benefits under the plan (or eligibility for 
such benefits) in addition to benefits (or eligibility for benefits) 
provided under the terms of the plan as of immediately before 
receipt of such Notice. 
(4) DEFINITIONS.—For purposes of this subsection— 
(A) STATE OR LOCAL GOVERNMENTAL GROUP HEALTH 
PLAN.—^The term "State or local governmental group health 
plan" means a group health plan which is established 
or maintained for its employees by the government of any 
State, any political subdivision of a State, or any agency 
or instrumentality of either of the foregoing. 
(B) ALTERNATE RECIPIENT.—^The term "alternate recipi-
ent" means any child of a participant who is recognized 
under a National Medical Support Notice as having a right 
to enrollment under a State or local governmental group 
health plan with respect to such participant. 
(C) GROUP HEALTH PLAN.—The term "group health 
plan" has the meaning provided in section 607(1) of the 
Employee Retirement Income Security Act of 1974. 
(D) STATE.—^The term "State" includes the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, and American Samoa. 
(E) 
OTHER 
TERMS.—The terms 
"participant" 
and 
"administrator" shall have the meanings provided such 
terms, respectively, by paragraphs (7) and (16) of section 
3 of the Employee Retirement Income Security Act of 1974. 
(5) EFFECTIVE DATE.—^The provisions of this subsection 
shall take effect on the date of the issuance of interim regula-
tions pursuant to subsection (b)(4) of this section. 
(f) QUALIFIED MEDICAL CHILD SUPPORT ORDERS AND NATIONAL 
MEDICAL SUPPORT NOTICES FOR CHURCH PLANS.— 
(1) IN GENERAL.—Each church group health plan shall pro-
vide benefits in accordance with the applicable requirements 
of any qualified medical child support order. A qualified medical 
child support order with respect to any participant or bene-
ficiary shall be deemed to apply to each such group health 
plan which has received such order, from which the participant 
or beneficiary is eligible to receive benefits, and with respect 
to which the requirements of paragraph (4) are met. 
(2) DEFINITIONS.—For purposes of this subsection— 
PUBLIC LAW 105-200—JULY 16, 1998 
112 STAT. 665 
(A) CHURCH GROUP HEALTH PLAN.—The term "church 
group health plan" means a group health plan which is 
a church plan. 
(B) QUALIFIED MEDICAL CHILD SUPPORT ORDER.—The 
term "qualified medical child support order" means a medi-
cal child support order— 
(i) which creates or recognizes the existence of 
an alternate recipient's right to, or assigns to an alter-
nate recipient the right to, receive benefits for which 
a participant or beneficiary is eligible under a church 
group health plan; and 
(ii) with respect to which the requirements of 
paragraphs (3) and (4) are met. 
(C) MEDICAL CHILD SUPPORT ORDER.—^The term "medi-
c£d child support order" means any judgment, decree, or 
order (including approval of a settlement agreement) 
which— 
(i) provides for child support with respect to a 
child of a participant under a church group health 
plan or provides for heedth benefit coverage to such 
a child, is made pursuant to a State domestic relations 
law (including a community property law), and relates 
to benefits under such plan; or 
(ii) is made pursuant to a law relating to medical 
child support described in section 1908 of the Social 
Security Act (as added by section 13822 of the Omnibus 
Budget Reconciliation Act of 1993) with respect to a 
church group health plan, 
if such judgment, decree, or order: (I) is issued by a court 
of competent jurisdiction; or (II) is issued through an 
administrative process established under State law and 
has the force and effect of law under applicable State 
law. For purposes of this paragraph, an administrative 
notice which is issued pursuant to an administrative proc-
ess referred to in subclause (II) of the preceding sentence 
and which has the effect of an order described in clause 
(i) or (ii) of the preceding sentence shall be treated as 
such an order. 
(D) ALTERNATE RECIPIENT.—-The term "alternate recipi-
ent" means any child of a participant who is recognized 
under a medical child support order as having a right 
to enrollment under a church group health plan with 
respect to such participant. 
(E) GROUP HEALTH PLAN.—The term "group health 
plan" has the meaning provided in section 607(1) of the 
Employee Retirement Income Security Act of 1974. 
(F) STATE.—The term "State" includes the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, and American Samoa. 
(G) OTHER TERMS.—The terms "participant", "bene-
ficiary", "administrator", and "church plan" shall have the 
meanings provided such terms, respectively, by paragraphs 
(7), (8), (16), and (33) of section 3 of the Employee Retire-
ment Income Security Act of 1974. 
(3) INFORMATION TO BE INCLUDED IN QUALIFIED ORDER.— 
A medical child support order meets the requirements of this 
paragraph only if such order clearly specifies— 
112 STAT. 666 
PUBLIC LAW 105-200-^JULY 16, 1998 
Notification. 
(A) the name and the last known mailing address 
(if any) of the participant and the name and mailing 
address of each alternate recipient covered by the order, 
except that, to the extent provided in the order, the name 
and mailing address of an official of a State or a political 
subdivision thereof may be substituted for the mailing 
address of any such alternate recipient; 
(B) a reasonable description of the type of coverage 
to be provided to each such alternate recipient, or the 
manner in which such type of coverage is to be determined; 
and 
(C) the period to which such order applies. 
(4) RESTRICTION ON NEW TYPES OR FORMS OF BENEFITS.— 
A medical child support order meets the requirements of this 
paragraph only if such order does not require a church group 
health plan to provide any type or form of benefit, or any 
option, not otherwise provided under the plan, except to the 
extent necessary to meet the requirements of a law relating 
to medical child support described in section 1908 of the Social 
Security Act (as added by section 13822 of the Omnibus Budget 
Reconciliation Act of 1993). 
(5) PROCEDURAL REQUIREMENTS.— 
(A) TIMELY NOTIFICATIONS AND DETERMINATIONS.—In 
the case of any medical child support order received by 
a church group health plan— 
(i) the plan administrator shall promptly notify 
the participant and each alternate recipient of the 
receipt of such order and the plan's procedures for 
determining whether medical child support orders are 
qualified medical child support orders; and 
(ii) within a reasonable period after receipt of such 
order, the plan administrator shall determine whether 
such order is a qualified medical child support order 
and notify the participant and each alternate recipient 
of such determination. 
(B) ESTABLISHMENT OF PROCEDURES FOR DETERMINING 
QUALIFIED STATUS OF ORDERS.—Each church group health 
plan shall establish reasonable procedures to determine 
whether medical child support orders are qualified medical 
child support orders and to administer the provision of 
benefits under such qualified orders. Such procedures— 
(i) shall be in writing; 
(ii) shall provide for the notification of each person 
specified in a medical child support order as eligible 
to receive benefits under the plan (at the address 
included in the medical child support order) of such 
procedures promptly upon receipt by the plan of the 
medical child support order; and 
(iii) shall permit an alternate recipient to designate 
a representative for receipt of copies of notices that 
are sent to the alternate recipient with respect to a 
medical child support order. 
(C) NATIONAL MEDICAL SUPPORT NOTICE DEEMED TO 
BE A QUALIFIED MEDICAL CHILD SUPPORT ORDER.— 
(i) IN GENERAL.—If the plan administrator of any 
church group health plan which is maintained by the 
employer of a noncustodial parent of a child or to 
PUBLIC LAW 105-200-^JULY 16, 1998 
112 STAT. 667 
which such an employer contributes receives an appro-
priately completed National Medical Support Notice 
promulgated pursuant to subsection (b) of this section 
in the case of such child, and the Notice meets the 
requirements of paragraphs (3) and (4) of this sub-
section, the Notice shall be deemed to be a qualified 
medical child support order in the case of such child, 
(ii) ENROLLMENT OF CHILD IN PLAN.—In any case 
in which an appropriately completed National Medical 
Support Notice is issued in the case of a child of 
a participant under a church group health plan who 
is a noncustodial parent of the child, and the Notice 
is deemed under clause (i) to be a qualified medical 
child support order, the plan administrator, within 
40 business days after the date of the Notice, shall— 
(I) notify the State agency issuing the Notice Notification, 
with respect to such child whether coverage of 
the child is available under the terms of the plan 
and, if so, whether such child is covered under 
the plan and either the effective date of the cov-
erage or any steps necessary to be taken by the 
custodial parent (or by the official of a State or 
political subdivision thereof substituted for the 
name of such child pursuant to paragraph (3)(A)) 
to effectuate the coverage; and 
(II) provide to the custodial parent (or such 
substituted official) a description of the coverage 
available and any forms or documents necessary 
to effectuate such coverage. 
(iii) RULE OF CONSTRUCTION.—^Nothing in this 
subparagraph shall be construed as requiring a church 
group health plan, upon receipt of a National Medical 
Support Notice, to provide benefits under the plan 
(or eligibility for such benefits) in addition to benefits 
(or eligibility for benefits) provided under the terms 
of the plan as of immediately before receipt of such 
Notice. 
(6) DIRECT PROVISION OF BENEFITS PROVIDED TO ALTERNATE 
RECIPIENTS.—^Any payment for benefits made by a church group 
health plan pursuant to a medical child support order in 
reimbursement for expenses paid by an alternate recipient or 
an alternate recipient's custodial parent or legal guardian shall 
be made to the alternate recipient or the alternate recipient's 
custodial parent or legal guardian. 
(7) PAYMENT TO STATE OFFICIAL TREATED AS SATISFACTION 
OF PLAN'S OBLIGATION TO MAKE PAYMENT TO ALTERNATE RECIPI-
ENT.—^Payment of benefits by a church group health plan to 
an official of a State or a political subdivision thereof whose 
name and address have been substituted for the address of 
an alternate recipient in a medical child support order, pursu-
ant to paragraph (3)(A), shall be treated, for purposes of this 
subsection and part D of title IV of the Social Security Act, 
as payment of benefits to the alternate recipient. 
(8) EFFECTIVE DATE.—^The provisions of this subsection 
shall take effect on the date of the issuance of interim regula-
tions pursuant to subsection (b)(4) of this section. 
112 STAT. 668 
PUBLIC LAW 105-200-^TULY 16, 1998 
DeadUne. 
(g) REPORT AND RECOMMENDATIONS REGARDING THE ENFORCE-
29 use 1169 
MENT OF QUALIFIED MEDICAL CHILD SUPPORT ORDERS.—Not later 
°° 
than 8 months after the issuance of the report to the Congress 
pursuant to subsection (a)(5), the Secretary of Health and Human 
Services and the Secretary of Labor shall jointly submit to each 
House of the Congress a report containing recommendations for 
appropriate legislation to improve the effectiveness of, and enforce-
ment of, qualified medical child support orders under the provisions 
of subsection (f) of this section and section 609(a) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1169(a)). 
(h) TECHNICAL CORRECTIONS.— 
(1) AMENDMENT RELATING TO PUBLIC LAW 104-266.— 
(A) IN GENERAL.—Subsection (f) of section 101 of the 
Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1021(f)) is repealed. 
29 use 1021 
(B) EFFECTIVE 
DATE.—^The amendment 
made by 
note. 
subparagraph (A) shall take effect as if included in the 
enactment of the Act entitled "An Act to repeal the Medi-
care and Medicaid Coverage Data Bank", approved October 
2, 1996 (Public Law 104-226; 110 Stat. 3033). 
(2) AMENDMENTS RELATING TO PUBLIC LAW 103-66.— 
(A) IN GENERAL.—(i) Section 4301(c)(4)(A) of the Omni-
bus Budget Reconciliation Act of 1993 (Public Law 103-
29 use 1144. 
66; 107 Stat. 377) is amended by striking "subsection 
(b)(7)(D)" and inserting "subsection (b)(7)". 
(ii) Section 514(b)(7) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1144(b)(7)) is 
amended by striking "enforced by" and inserting "they 
apply to". 
(iii) Section 609(a)(2)(B)(ii) of such Act (29 U.S.C. 
1169(a)(2)(B)(ii)) is amended by striking "enforces" and 
inserting "is made pursuant to". 
(B) CHILD DEFINED.—Section 609(a)(2) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1169(a)(2)) is amended by adding at the end the following: 
"(D) CHILD.—^The term 'child' includes any child 
adopted by, or placed for adoption with, a participant of 
a group health plan.". 
29 use 1144 
(C) EFFECTIVE 
DATE.—^The amendments made by 
note. 
subparagraph (A) shall be effective as if included in the 
enactment of section 4301(c)(4)(A) of the Omnibus Budget 
Reconciliation Act of 1993. 
(3) AMENDMENT RELATED TO PUBLIC LAW 105-33.— 
(A) IN GENERAL.—Section 609(a)(9) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1169(aX9)) is amended by striking "the name and address" 
and inserting "the address". 
29 use 1169 
(B) EFFECTIVE 
DATE.—The amendment 
made by 
note. 
subparagraph (A) shall be effective as if included in the 
enactment of section 5611(b) of the Balanced Budget Act 
of 1997. 
SEC. 402. SAFEGUARD OF NEW EMPLOYEE INFORMATION. 
(a) PENALTY FOR UNAUTHORIZED ACCESS, DISCLOSURE, OR USE 
OF iNFORMATiON.^^ection 453(1) of the Social Security Act (42 
U.S.C. 653(1)) is amended— 
(1) by striking "Information" and inserting the following: 
PUBLIC LAW 105-200-^JULY 16, 1998 
112 STAT. 669 
"(1) IN GENERAL.—Information"; and 
(2) by adding at the end the following: 
"(2) PENALTY FOR MISUSE OF INFORMATION IN THE NATIONAL 
DIRECTORY OF NEW HIRES.—^The Secretary shall require the 
imposition of an administrative penalty (up to and including 
dismissal from employment), and a fine of $1,000, for each 
act of unauthorized access to, disclosure of, or use of, informa-
tion in the National Directory of New Hires established under 
subsection (i) by any officer or employee of the United States 
who knowingly and willfully violates this paragraph.". 
(b) LIMITS ON RETENTION OF DATA IN THE NATIONAL DIRECTORY 
OF NEW HIRES.—Section 453(i)(2) of such Act (42 U.S.C. 653(i)(2)) 
is amended to read as follows: 
"(2) DATA ENTRY AND DELETION REQUIREMENTS.— 
"(A) IN GENERAL.—Information provided pursuant to 
section 453A(g)(2) shall be entered into the data base main-
tained by the National Directory of New Hires within two 
business days after receipt, and shall be deleted from the 
data base 24 months after the date of entry. 
"(B) 
12-MONTH 
LIMIT 
ON 
ACCESS 
TO 
WAGE 
AND 
UNEMPLOYMENT COMPENSATION INFORMATION.—The Sec-
retary shall not have access for child support enforcement 
purposes to information in the National Directory of New 
Hires that is provided pursuant to section 453A(g)(2)(B), 
if 12 months has elapsed since the date the information 
is so provided and there has not been a match resulting 
from the use of such information in any information 
comparison under this subsection. 
"(C) RETENTION OF DATA FOR RESEARCH PURPOSES.— 
Notwithstanding subparagraphs (A) and (B), the Secretary 
may retain such samples of data entered in the National 
Directory of New Hires as the Secretary may find necessary 
to assist in carrying out subsection (j)(5).". 
(c) NOTICE OF PURPOSES FOR WHICH WAGE AND SALARY DATA 
ARE TO BE USED.—^Within 90 days after the date of the enactment 
of this Act, the Secretary of Health and Human Services shall 
notify the Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate of the 
specific purposes for which the new hire and the wage and 
unemployment compensation information in the National Directory 
of New Hires is to be used. At least 30 days before such information 
is to be used for a purpose not specified in the notice provided 
pursuant to the preceding sentence, the Secretary shall notify the 
Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate of such purpose. 
(d) REPORT BY THE SECRETARY.—^Within 3 years after the date 
of the enactment of this Act, the Secretary of Health and Human 
Services shall submit to the Committee on Ways and Means of 
the House of Representatives and the Committee on Finance of 
the Senate a report on the accuracy of the data maintained by 
the National Directory of New Hires pursuant to section 453(i) 
of the Social Security Act, and the effectiveness of the procedures 
designed to provide for the security of such data. 
(e) EFFECTIVE DATE.—^The amendments made by this section 
shall take effect on October 1, 2000. 
Deadline. 
42 u s e 653 note. 
Deadline. 
42 u s e 653 note. 
42 u s e 653 note. 
112 STAT. 670 
PUBLIC LAW 105-200-JULY 16, 1998 
Grants. 
Deadline. 
49 use 5309 
note. 
SEC. 403. LIMITATIONS ON USE OF TANF FUNDS FOR MATCHING 
UNDER CERTAIN FEDERAL TRANSPORTATION PROGRAM. 
(a) IN GENERAL.—Section 404 of the Social Security Act (42 
U.S.C. 604) is amended by adding at the end the following: 
"(k) LIMITATIONS ON USE OF GRANT FOR MATCHING UNDER 
CERTAIN FEDERAL TRANSPORTATION PROGRAM.— 
"(1) USE LIMITATIONS.—^A State to which a grant is made 
under section 403 may not use any part of the grant to match 
funds made available under section 3037 of the Transportation 
Equity Act for the 21st Century, unless— 
"(A) the grant is used for new or expanded transpor-
tation services (and not for construction) that benefit 
individuals described in subparagraph (C), and not to sub-
sidize current operating costs; 
"(B) the grant is used to supplement and not supplant 
other State expenditures on transportation; 
"(C) the preponderance of the benefits derived from 
such use of the grant accrues to individuals who are— 
"(i) recipients of assistance under the State pro-
gram funded under this part; 
"(ii) former recipients of such assistance; 
"(iii) noncustodial parents who are described in 
item (aa) or (bb) of section 403(a)(5)(C)(ii)(II); and 
"(iv) low-income individuals who are at risk of 
qualifying for such assistance; and 
"(D) the services provided through such use of the 
grant promote the ability of such recipients to engage in 
work activities (as defined in section 407(d)). 
"(2) AMOUNT LIMITATION.—From a grant made to a State 
under section 403(a), the amount that a State uses to match 
funds described in paragraph (1) of this subsection shall not 
exceed the amount (if any) by which 30 percent of the total 
amount of the grant exceeds the amount (if any) of the grant 
that is used by the State to carry out any State program 
described in subsection (d)(1) of this section. 
"(3) RULE OF INTERPRETATION.—The provision by a State 
of a transportation benefit under a program conducted under 
section 3037 of the Transportation Equity Act for the 21st 
Century, to an individual who is not otherwise a recipient 
of assistance under the State program funded under this part, 
using funds from a grant made under section 403(a) of this 
Act, shall not be considered to be the provision of assistance 
to the individual under the State program funded under this 
part.". 
(b) REPORT TO THE CONGRESS.—^Not later than 2 years after 
the date of the enactment of this Act, the Secretary of Transpor-
tation, in consultation with the Secretary of Health and Human 
Services, shall submit to the Committees on Ways and Means 
and on Transportation and Infrastructure of the House of Rep-
resentatives and the Committees on Finance and on Environment 
and Public Works of the Senate a report that— 
(1) describes the manner in which funds made available 
under section 3037 of the Transportation Equity Act for the 
21st Century have been used; 
(2) describes whether such uses of such funds has improved 
transportation services for low-income individuals; and 
PUBLIC LAW 105-200—JULY 16, 1998 
112 STAT. 671 
(3) contains such other relevant information as may be 
appropriate. 
SEC. 404. CLARIFICATION OF MEANING OF fflGH-VOLUME AUTOMATED 
ADMINISTRATIVE ENFORCEMENT OF CHILD SUPPORT IN 
INTERSTATE CASES. 
(a) IN GENERAL.—Section 466(a)(14)(B) of the Social Security 
Act (42 U.S.C. 666(aX14)(B)) is amended to read as follows: 
"(B) 
HIGH-VOLUME 
AUTOMATED 
ADMINISTRATIVE 
ENFORCEMENT.—^In this part, the term 'high-volume auto-
mated administrative enforcement', in interstate cases, 
means, on request of another State, the identification by 
a State, through automated data matches with financial 
institutions and other entities where assets may be found, 
of assets owned by persons who owe child support in other 
States, and the seizure of such assets by the State, through 
levy or other appropriate processes.". 
(b) RETROACTIVITY.—^The amendment made by subsection (a) 42 USC 666 note, 
shall take effect as if included in the enactment of section 5550 
of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 
633). 
SEC. 405. GENERAL ACCOUNTING OFFICE REPORTS. 
DeadUnes. 
(a) REPORT ON FEASIBILITY OF INSTANT CHECK SYSTEM.—^Not 
later than December 31, 1998, the Comptroller General of the 
United States shall report to the Committee on Finance of the 
Senate and the Committee on Ways and Means of the House 
of Representatives on the feasibility and cost of creating and 
maintaining a nationwide instant child support order check system 
under which an employer would be able to determine whether 
a newly hired employee is required to provide support under a 
child support order. 
(b) REPORT ON IMPLEMENTATION AND USE OF CHILD SUPPORT 
DATABASES.—^Not later than December 31, 1998, the Comptroller 
General of the United States shall report to the Committee on 
Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives on the implementation of the Fed-
eral Parent Locater Service (including the Federal Case Registry 
of Child Support Orders and the National Directory of New Hires) 
established under section 453 of the Social Security Act (42 U.S.C. 
653) and the State Directory of New Hires established under section 
453A of such Act (42 U.S.C. 653a). The report shall include a 
detailed discussion of the purposes for which, and the manner 
in which, the information maintained in such databases has been 
used, and an examination as to whether such databases are subject 
to adequate safeguards to protect the privacy of the individuals 
with respect to whom information is reported and maintained. 
SEC. 406. DATA MATCHING BY MULTISTATS FINANCIAL INSTITUTIONS. 
(a) 
USE OF FEDERAL 
PARENT 
LOCATOR 
SERVICE.—Section 
466(a)(17)(A)(i) of the Social Security Act (42 U.S.C. 666(a)(17)(A)(i)) 
is amended by inserting "and the Federal Parent Locator Service 
in the case of financial institutions doing business in two or more 
States," before "a data match system". 
(b) FACILITATION OF AGREEMENTS.—Section 452 of such Act 
(42 U.S.C. 652) is amended by adding at the end the following: 
"(1) The Secretary, through the Federal Parent Locator Service, 
may aid State agencies providing services under State programs 
112 STAT. 672 
PUBLIC LAW 105-200-^JULY 16, 1998 
operated pursuant to this part and financial institutions doing 
business in two or more States in reaching agreements regarding 
the receipt fi'om such institutions, and the transfer to the State 
agencies, of information that may be provided pursuant to section 
466(a)(17)(A)(i), except that any State that, as of the date of the 
enactment of this subsection, is conducting data matches pursuant 
to section 466(a)(17)(A)(i) shall have until January 1, 2000, to 
allow the Secretary to obtain such information from such institu-
tions that are operating in the State. For purposes of section 1113(d) 
of the Hight to Financial Privacy Act of 1978, a disclosure pursuant 
to this subsection shall be considered a disclosure pursuant to 
a Federal statute.". 
(c) PROTECTION AGAINST LIABILITY.—Section 469A(a) of such 
Act (42 U.S.C. 669a(a)) is amended by inserting ", or for disclosing 
any such record to the Federal Parent Locator Service pursuant 
to section 466(aX17)(Ar before the period. 
SEC. 407. EUMINATION OF UNNECESSARY DATA REPORTING. 
(a) IN GENERAL.—Section 469 of the Social Security Act (42 
U.S.C. 669) is amended— 
(1) by striking all that precedes subsection (c) and inserting 
the following: 
"SEC. 469. COLLECTION AND REPORTING OF CHILD 
SUPPORT 
ENFORCEMENT DATA. 
"(a) IN GENERAL.—^With respect to each type of service described 
in subsection (b), the Secretary shall collect and maintain up-
to-date statistics, by State, and on a fiscal year basis, on— 
"(1) the number of cases in the caseload of the State agency 
administering the plan approved under this part in which the 
service is needed; and 
"(2) the number of such cases in which the service has 
actually been provided. 
"(b) TYPES OF SERVICES.—^The statistics required by subsection 
(a) shall be separately stated with respect to paternity establish-
ment services and child support obligation establishment services. 
"(c) TYPES OF SERVICE RECIPIENTS.—^The statistics required 
by subsection (a) shall be separately stated with respect to— 
"(1) recipients of assistance under a State program funded 
under part A or of payments or services under a State plan 
approved under part E; and 
"(2) individuals who are not such recipients."; and 
(2) in subsection (c), by striking "(c)" and inserting "(d) 
RULE OF INTERPRETATION.—". 
(b) CONFORMING AMENDMENT.—Section 452(a)(10) of such Act 
(42 U.S.C. 652(a)(10)) is amended— 
(1) by adding "and" at the end of subparagraph (H); and 
(2) by striking subparagraph (I) and redesignating subpara-
graph (J) as subparagraph (I). 
Applicability. 
(c) EFFECTIVE DATE.—The amendments made by this section 
42 use 652 note, shall apply to information maintained with respect to fiscal year 
1995 or any succeeding fiscal year. 
SEC. 408. CLARIFICATION OF ELIGIBILITY UNDER WELFARE-TO-WORK 
PROGRAMS. 
Section 403(a)(5)(C)(ii) of the Social Security Act (42 U.S.C. 
603(a)(5)(C)(ii)) is amended— 
PUBLIC LAW 105-200-^JULY 16, 1998 
112 STAT. 673 
(1) in the matter preceding subclause (I) by striking "of 
minors whose custodial parent is such a recipient"; 
(2) in subclause (I), by inserting "or the noncustodial 
parent" after "recipient"; and 
(3) in subclause (II), by striking "The individual—" and 
inserting "The recipient or the minor children of the non-
custodial parent—". 
SEC. 409. STUDY OF FEASIBILITY OF IMPLEMENTING IMMIGRATION 
PROVISIONS OF H.R. 3130, AS PASSED BY THE HOUSE 
OF REPRESENTATIVES ON MARCH 5,1998. 
(a) STUDY.—^The Secretary of Health and Human Services, in 
consultation with the Immigration and Naturalization Service, shall 
conduct a study to determine the feasibility of the provisions of 
title V of H.R. 3130, as passed by the House of Representatives 
on March 5, 1998, were such provisions to become law, especially 
whether it would be feasible for the Immigration and Naturalization 
Service to implement effectively the requirements of such provi-
sions. 
(b) REPORT TO THE CONGRESS,—^Within 6 months after the Deadline, 
date of the enactment of this Act, the Secretary of Health and 
Human Services shall submit to the Committees on Ways and 
Means and on the Judiciary of the House of Representatives and 
the Committees on Finance and on the Judiciary of the Senate 
a report on the results of the study required by subsection (a). 
SEC. 410. 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". 
(c) Section 432(a)(8) of the Social Security Act (42 U.S.C. 42USC629b. 
632(a)(8)) is amended by adding "; and" at the end. 
(d) Section 453(a)(2) of the Social Security Act (42 U.S.C. 
653(a)(2)) is amended— 
(1) by striking "parentage," and inserting "parentage or"; 
(2) by striking "or making or enforcing child custody or 
visitation orders,"; and 
(3) in subparagraph (A), by decreasing the indentation 
of clause (iv) by 2 ems. 
(e)(1) Section 5557(b) of the Balanced Budget Act of 1997 (42 Effective dates. 
U.S.C. 608 note) is amended by adding at the end the following: 
"The amendment made by section 5536(1)(A) shall not take effect 
with respect to a State until October 1, 2000, or such earlier 
date as the State may select.". 
(2) The amendment made by paragraph (1) shall take effect 
42 USC 608 note, 
as if included in the enactment of section 5557 of the Balanced 
Budget Act of 1997 (Public Law 105-33; 111 Stat. 637). 
(f) Section 473A(c)(2)(B) of the Social Security Act (42 U.S.C. 
673b(c)(2)(B)) is amended— 
(1) by striking "November 30, 1997" and inserting "April 
30, 1998"; and 
(2) by striking "March 1, 1998" and inserting "July 1, 
1998". 
112 STAT. 674 
PUBLIC LAW 105-200—JULY 16, 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 Amendments of 1994 
(42 U.S.C. 1314a) is amended— 
(1) in subsection (b)(3)(D), by striking "Energy and"; and 
(2) in subsection (d)(4), by striking "(b)(3)(C)" and inserting 
"(b)(3)". 
Approved July 16, 1998. 
LEGISLATIVE HISTORY—H.R. 3130: 
HOUSE REPORTS: No. 105-422 (Comm. on Ways and Means). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Mar. 5, considered and passed House. 
Apr. 2, considered and passed Senate, amended. 
June 25, House concurred in Senate amendments with amendments. 
June 26, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
July 16, Presidential statement.