Child Support Performance and Incentive Act of 1998
Became Public Law No: 105-200.
Congressional Research Service
Official summary
Version 36 · Passed House amended · Mar 5, 1998
TABLE OF CONTENTS: Title I: Child Support Data Processing Requirements Title II: Child Support Incentive System Title III: Adoption Provisions Title IV: Technical Corrections Title V: Immigration Provisions Child Support Performance and Incentive Act of 1998 - Title I: Child Support Data Processing Requirements - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to prescribe alternative penalty reductions in its Federal payments for a State that would otherwise have its child support data processing system plan disapproved for noncompliance, if it has an approved corrective compliance plan and makes a good faith effort to comply with the requirements for such a system. Instructs the Secretary of Health and Human Services to waive the noncompliance penalty during FY 1998 for any State which meets certain criteria. (Sec. 102) Requires the Secretary to waive the single statewide automated data processing and information retrieval system requirement if a State demonstrates that it has or can develop an alternative system or systems that meet specified requirements. Title II: Child Support Incentive System - Directs the Secretary to make incentive payments to States, according to specified formulae, with respect to their performance in paternity establishment and child support order enforcement, including cost-effectiveness. (Sec. 201) Instructs the Secretary to study and report to the Congress on: (1) the implementation of such incentive payment system (especially on variations in State performance attributable to demographic or economic variables); and (2) the development of a performance measure based on State effectiveness in establishing and enforcing child medical support obligations (including recommendations for incorporating such measure into the incentive payment system in a revenue neutral manner). Repeals the predecessor incentive payment system. Title III: Adoption Provisions - Amends SSA title IV part E (Foster Care and Adoption Assistance) to require a State plan for foster care and adoption assistance to provide that the State shall not: (1) 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 (2) fail to grant an opportunity for a fair hearing to an individual whose allegation of such a denial or delay is denied by the State or not acted upon by the State with reasonable promptness. Title IV: Technical Corrections - Makes technical and conforming amendments to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Title V: Immigration Provisions - Amends the Immigration and Nationality Act to deny admission into the United States to any alien in violation of a judicial determination to pay child support if such arrears exceed $5,000. Applies such denial to U.S. permanent residents who have been absent from the United States for any period of time. Authorizes the Attorney General to waive an admission denial upon determining that the likelihood of elimination of the arrearage and timely payment of all subsequent child support payments would increase substantially if the waiver were granted. (Sec. 502) Provides that for purposes of the Act no person shall be found of good moral character whose failure to pay child support has resulted in any outstanding arrearage. (Sec. 503) Authorizes immigration officers to serve legal process upon any alien applicant for admission into the United States with respect to establishment or enforcement of a child support action. (Sec. 504) Amends the Social Security Act to direct the Secretary to provide information on aliens delinquent in child support payments upon request of either the Attorney General or the Secretary of State.
Senate agreed to the House amendments to the Senate amendments by Unanimous Consent. (consideration: CR S7306-7323)
Resolving differences -- Senate actions: Senate agreed to the House amendments to the Senate amendments by Unanimous Consent.(consideration: CR S7306-7323)
Message on House action received in Senate and at desk: House amendments to Senate bill.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House agree with amendments to the Senate amendments Agreed to without objection. (consideration: CR H5370-5385)
Resolving differences -- House actions: On motion that the House agree with amendments to the Senate amendments Agreed to without objection.(consideration: CR H5370-5385)
Mr. Shaw asked unanimous consent that the House agree with amendments to the Senate amendments.
On motion to discharge the managers on the part of the House from further consideration of the bill H.R. 3130. Agreed to without objection.
Mr. Shaw asked unanimous consent that the House discharge the managers on the part of the House from further consideration of the bill H.R. 3130.
Message on Senate action sent to the House.
Senate appointed conferees. Jeffords; Coats; Kennedy From the Committee on Labor and Human Resources.
Senate insists on its amendments agrees to request for a conference, appoints conferees Roth; Chafee; Grassley; Moynihan; Baucus. (consideration: CR S5245)
Message on House action received in Senate and at desk: House requests a conference.
The Speaker appointed additional conferees - from the Committee on Education and the Workforce for consideration of sec. 401 of the Senate amendment and modifications committed to conference: Goodling, Fawell, and Payne.
The Speaker appointed conferees - from the Committee on Ways and Means for consideration of the House bill and the Senate amendments, and modifications committed to conference: Archer, Shaw, Camp, Rangel, and Levin.
On motion that the House disagree to the Senate amendments, and request a conference Agreed to without objection. (consideration: CR H2296)
Mr. Shaw asked unanimous consent that the House disagree to the Senate amendments, and request a conference.
Message on Senate action sent to the House.
Passed Senate with an amendment by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Amendment SP 2286 agreed to in Senate by Unanimous Consent.
Amendment SP 2286 proposed by Senator Collins for Senator Roth.
Measure laid before Senate by unanimous consent. (consideration: CR S3183-3185)
Senate Committee on Finance discharged by Unanimous Consent.
Senate Committee on Finance discharged by Unanimous Consent.
Received in the Senate and read twice and referred to the Committee on Finance.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3130.
The title of the measure was amended. Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 414 - 1 (Roll no. 39).
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3130.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Jo Ann Emerson to act as Chairwoman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 378 and Rule XXIII.
Rule provides for consideration of H.R. 3130 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill. Measure will be considered read. Bill is open to amendments.
Considered under the provisions of rule H. Res. 378. (consideration: CR H865-877)
Rule H. Res. 378 passed House.
Rules Committee Resolution H. Res. 378 Reported to House. Rule provides for consideration of H.R. 3130 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill. Measure will be considered read. Bill is open to amendments.
Placed on the Union Calendar, Calendar No. 240.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 105-422. Filed late, pursuant to previous special order.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 105-422. Filed late, pursuant to previous special order.
Mr. Shaw asked unanimous consent that the Committee on Ways and Means have until midnight on Feb. 27 to file a report on H.R. 3130. Agreed to without objection.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Subcommittee Consideration and Mark-up Session Held.
Referred to the Subcommittee on Human Resources.
Referred to the House Committee on Ways and Means.
Introduced in House
Introduced in House
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