Child Support Performance and Incentive Act

H.R.3130
Sponsor: Rep Shaw, E. Clay, Jr. (introduced 1/28/1998)
Related Bills: H.RES.378
Latest Major Action: 7/16/1998 Became Public Law No: 105-200.
Title: 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 procedure for States that violate interjurisdictional adoption requirements, and for other purposes. Jump to: Titles, Status, Committees, Related Bill Details, Amendments, Cosponsors, Summary

TITLE(S):(italics indicate a title for a portion of a bill)

POPULAR TITLE(S):
Child Support Performance and Incentive bill(identified by CRS)
SHORT TITLE(S) AS INTRODUCED:
Child Support Performance and Incentive Act of 1998
SHORT TITLE(S) AS PASSED HOUSE:
Child Support Performance and Incentive Act of 1998
SHORT TITLE(S) AS PASSED SENATE:
Child Support Performance and Incentive Act of 1998
SHORT TITLE(S) AS ENACTED:
Child Support Performance and Incentive Act of 1998
OFFICIAL TITLE AS INTRODUCED:
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, and to provide for a more flexible penalty procedure for States that violate interjurisdictional adoption requirements.
OFFICIAL TITLE AS AMENDED BY SENATE:
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 procedure for States that violate interjurisdictional adoption requirements, and for other purposes.

STATUS: (color indicates Senate actions) (Floor Actions/Congressional Record Page References)

1/28/1998:

Referred to the House Committee on Ways and Means.

2/2/1998:

Referred to the Subcommittee on Human Resources.

2/3/1998:: Subcommittee Consideration and Mark-up Session Held.
2/3/1998:: Forwarded by Subcommittee to Full Committee by Voice Vote.

2/25/1998:

Committee Consideration and Mark-up Session Held.

2/25/1998:

Ordered to be Reported (Amended) by Voice Vote.

2/26/1998 11:36am:

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.

2/27/1998 3:10pm:

Reported (Amended) by the Committee on Ways and Means. H. Rept. 105-422. Filed late, pursuant to previous special order.

2/27/1998 3:10pm:

Placed on the Union Calendar, Calendar No. 240.

3/4/1998 12:33pm:

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.

3/5/1998 11:59am:

Rule H. Res. 378 passed House.

3/5/1998 11:59am:

Considered under the provisions of rule H. Res. 378.

3/5/1998 12:00pm:

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 378 and Rule XXIII.

3/5/1998 12:00pm:

The Speaker designated the Honorable Jo Ann Emerson to act as Chairwoman of the Committee.

3/5/1998 12:43pm:

H.AMDT.515 Amendment (A001) offered by Mr. Cardin.
Amendment denies a visa or reentry to a noncustodial parent, foreign national, that is $5,000 or more in arrears in child support; denies naturalization if the person is in noncompliance with a valid child support order; and gives new authority for the service of summons and court orders at U.S. borders for foreign nationals.

3/5/1998 12:45pm:

H.AMDT.515 On agreeing to the Cardin amendment (A001) Agreed to by voice vote.

3/5/1998 12:47pm:

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3130.

3/5/1998 12:48pm:

The previous question was ordered pursuant to the rule.

3/5/1998 12:48pm:

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.

3/5/1998 1:16pm:

On passage Passed by recorded vote: 414 - 1 (Roll no. 39).

3/5/1998 1:16pm:

Motion to reconsider laid on the table Agreed to without objection.

3/5/1998 1:16pm:

The title of the measure was amended. Agreed to without objection.

3/5/1998 1:16pm:

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.

3/5/1998:

Received in the Senate and read twice and referred to the Committee on Finance.

4/2/1998:

Senate Committee on Finance discharged by Unanimous Consent.

4/2/1998:

Measure laid before Senate by unanimous consent.

4/2/1998:

Amendment SP 2286 proposed by Senator Collins for Senator Roth.

4/2/1998:

S.AMDT.2286 Proposed by Senator Collins for Senator Roth.
To provide a complete substitute.

4/2/1998:

Amendment SP 2286 agreed to in Senate by Unanimous Consent.

4/2/1998:

S.AMDT.2286 Amendment SP 2286 agreed to in Senate by Unanimous Consent.

4/2/1998:

Passed Senate with an amendment by Unanimous Consent.

4/21/1998:

Message on Senate action sent to the House.

4/23/1998 7:29pm:

Mr. Shaw asked unanimous consent that the House disagree to the Senate amendments, and request a conference.

4/23/1998 7:29pm:

On motion that the House disagree to the Senate amendments, and request a conference Agreed to without objection.

4/23/1998 7:29pm:

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.

4/23/1998 7:29pm:

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.

4/24/1998:

Message on House action received in Senate and at desk: House requests a conference.

5/20/1998:

Senate insists on its amendments agrees to request for a conference, appoints conferees Roth; Chafee; Grassley; Moynihan; Baucus.

5/20/1998:

Senate appointed conferees. Jeffords; Coats; Kennedy From the Committee on Labor and Human Resources.

5/21/1998:

Message on Senate action sent to the House.

6/25/1998 5:39pm:

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.

6/25/1998 5:39pm:

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.

6/25/1998 5:40pm:

Mr. Shaw asked unanimous consent that the House agree with amendments to the Senate amendments.

6/25/1998 5:53pm:

On motion that the House agree with amendments to the Senate amendments Agreed to without objection.

6/25/1998 5:54pm:

Motion to reconsider laid on the table Agreed to without objection.

6/25/1998:

Message on House action received in Senate and at desk: House amendments to Senate bill.

6/26/1998:

Senate agreed to the House amendments to the Senate amendments by Unanimous Consent.

6/26/1998:

Cleared for White House.

6/29/1998:

Message on Senate action sent to the House.

7/8/1998:

Presented to President.

7/16/1998:

Signed by President.

7/16/1998:

Became Public Law No: 105-200.

COMMITTEE(S):

Committee/Subcommittee:		Activity:
House Ways and Means		Referral, Reporting
	Subcommittee on Human Resources	Referral, Reporting
Senate Finance		Referral, Discharged

Bill:	Relationship:
H.RES.378	Rule related to H.R.3130 in House

AMENDMENT(S):

COSPONSORS(1), ALPHABETICAL [followed by Cosponsors withdrawn]:(Sort: by date)

Rep Levin, Sander M. - 1/28/1998

SUMMARY AS OF:
6/25/1998--House agreed to Senate amendment with amendment.(There are 3 other summaries)
TABLE OF CONTENTS:
Title I: Child Support Data Processing Requirements
Title II: Child Support Incentive System
Title III: Adoption Provisions
Title : Miscellaneous
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 (the Secretary) 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: Miscellaneous - Directs the Secretary of Health and Human Services and the Secretary of Labor to jointly: (1) establish a Medical Support Working Group to identify and report upon impediments to effective enforcement of medical support by State agencies and recommend appropriate measures to address such impediments; (2) report to the Congress regarding such recommendations; and (3) develop and promulgate by regulation a National Medical Support Notice to be issued by the States to aid enforcement of a child support order for health care coverage.
Requires States to have statutorily prescribed procedures under which all child support orders include child health care coverage that is enforced through use of the Notice. Prescribes enforcement guidelines for enrollment of the child in the health care coverage of the noncustodial parent's employer. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare such Notice a qualified medical child support order with which a plan administrator must comply.
Mandates that each State or local government group health plan and each church group health plan provide benefits in accordance with such Notice. Directs the two Secretaries to jointly recommend legislation to certain congressional committees to improve the effectiveness and enforcement of qualified medical child support orders under ERISA.
(Sec. 402) Requires the Secretary to impose an administrative penalty (up to and including dismissal from employment) and a $1,000 fine for each act by a Federal employee of knowing and willful unauthorized access to, disclosure of, or use of, information in the national Directory of New Hires. Sets forth time limitations on: (1) data retention in such Directory; and (2) access to wage and unemployment compensation information.
(Sec.403) Amends Part A (TANF) of Title IV, SSA, to cite restrictions on State use of certain grants to match funds made available under the Transportation Equity Act for the 21st Century. Directs the Secretary of Transportation, in consultation with the Secretary of Health and Human Services, to report to certain congressional committees on the use of funds under such Act.
(Sec.405) Sets a deadline for the Comptroller General to report to certain congressional committees on: (1) the cost and feasibility of creating and maintaining a nationwide instant child support order check system to enable an employer to determine whether a newly hired employee is required to provide support under a child support order; and (2) implementation of the Federal Parent Locator Service (including the Federal Case Registry of Child Support Orders and the National Directory of New Hires), and the State Directory of New Hires.
(Sec. 406) Amends Title IV, Part D (Child Support and Paternity), SSA, to require each State to have statutorily prescribed procedures in the case of financial institutions doing business in two or more States, for a State agency to enter into agreements to develop and operate a data match system in coordination with the Federal Parent Locator Service.
Authorizes the Secretary, through the Federal Parent Locator Service, to facilitate agreements concerning data match exchanges between State child support enforcement agencies and financial institutions doing business in two or more States. Shields a financial institution from liability for disclosing individual financial records to the Federal Parent Locator Service.
(Sec. 407) Revamps prescriptions governing collection and reporting of child support enforcement data.
(Sec. 409) Instructs the Secretary to: (1) conduct a feasibility study in consultation with the Immigration and Naturalization Service (INS) on specified legislative proposals governing the status of aliens in violation of a judicial order to pay child support; and (2) report to the Congress on INS implementation of such proposals.

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