Child Support Performance and Incentive Act of 1998

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.

TABLE OF CONTENTS: Title I: Child Support Data Processing Requirements Title II: Child Support Incentive System Title III: Adoption Provisions Title IV: 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. Declares that the Secretary of Health and Human Services may only impose a single reduction of the amount otherwise payable to the State for a fiscal year for the State's failure during such fiscal year to have an approved child support data processing system and information retrieval system plan in effect. Instructs the Secretary of Health and Human Services (the Secretary) to waive the noncompliance penalty during a fiscal year 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: (1) on the implementation of such incentive payment system (especially on variations in State performance attributable to demographic or economic variables); and (2) on 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 child's case; 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 - Requires the director of the Department of Health and Human Resources unit dealing with child support and establishment of paternity to: (1) develop jointly with the Secretary of Labor a National Standardized Medical Support Notice (Notice) for the States to use to enforce medical support orders, as well as appropriate procedures for State agency transmittal of the Notice to employers; (2) establish with the Secretary of Labor a medical support working group to identify impediments to effective enforcement of medical support by State agencies, and recommend appropriate measures to address such impediments; and (3) promulgate implementing regulations. (Sec. 401) 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, as well as mandatory paycheck contributions by such parent to pay for such coverage. 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. Directs the Secretary of Labor to report to certain congressional committees any recommendations for legislation 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 data retention in the National Directory of New Hires of: (1) 12 months where information comparison does not reveal a match; and (2) 24 months, where a match is revealed. (Sec. 405) Requires the Comptroller General to report to certain congressional committees on: (1) the feasibility and cost 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) Makes technical and conforming amendments to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

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.

TABLE OF CONTENTS: Title I: Child Support Data Processing Requirements Title II: Child Support Incentive System Title III: Adoption 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 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). Makes technical and conforming amendments to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Repeals the predecessor incentive payment system. Title III: Adoption Provisions - Revises the penalty procedure to be applied for State failure to permit interjurisdictional adoption.