[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1609 Reported in Senate (RS)]






                                                       Calendar No. 511
108th CONGRESS
  2d Session
                                S. 1609

  To make aliens ineligible to receive visas and exclude aliens from 
   admission into the United States for nonpayment of child support.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2003

 Mr. Hatch (for himself and Mr. Cornyn) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                              May 13, 2004

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To make aliens ineligible to receive visas and exclude aliens from 
   admission into the United States for nonpayment of child support.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Parental Responsibility 
Obligations Met through Immigration System Enforcement Act'' or 
``PROMISE Act''.</DELETED>

<DELETED>SEC. 2. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM 
              ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.</DELETED>

<DELETED>    Section 212(a)(10) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(10)) is amended by adding at the end the 
following:</DELETED>
                <DELETED>    ``(F) Nonpayment of child support.--
                </DELETED>
                        <DELETED>    ``(i) In general.--Except as 
                        provided in clause (ii), an alien who is 
                        legally obligated under a judgment, decree, or 
                        order to pay child support and whose failure to 
                        pay such child support has resulted in an 
                        arrearage is inadmissible.</DELETED>
                        <DELETED>    ``(ii) Exception.--An alien 
                        described in clause (i) may be admissible when 
                        child support payments under the judgment, 
                        decree, or order are satisfied or the alien is 
                        in compliance with an approved payment 
                        agreement.''.</DELETED>

<DELETED>SEC. 3. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON ESTABLISHMENT 
              OF GOOD MORAL CHARACTER.</DELETED>

<DELETED>    Section 101(f) of the Immigration and Nationality Act (8 
U.S.C. 1101(f)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (8), by striking the period at 
        the end and inserting ``; or''; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (8) the 
        following:</DELETED>
        <DELETED>    ``(9) one who is legally obligated under a 
        judgment, decree, or order to pay child support (as defined in 
        section 212(a)(10)), and whose failure to pay such child 
        support has resulted in any arrearage, unless support payments 
        under the judgment, decree, or order are satisfied or the alien 
        is in compliance with an approved payment 
        agreement.''.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT 
              CASES ON CERTAIN ARRIVING ALIENS.</DELETED>

<DELETED>    Section 235(d) of the Immigration and Nationality Act (8 
U.S.C. 1225(d)) is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(5) Authority to serve process in child support 
        cases.--</DELETED>
                <DELETED>    ``(A) In general.--To the extent 
                consistent with State law, immigration officers are 
                authorized to serve on any alien who is an applicant 
                for admission to the United States, legal process with 
                respect to any action to enforce a legal obligation of 
                an individual to pay child support (as defined in 
                section 459(i) of the Social Security Act).</DELETED>
                <DELETED>    ``(B) Definition.--For purposes of 
                subparagraph (A), the term `legal process' means any 
                writ, order, summons, or other similar process that is 
                issued by--</DELETED>
                        <DELETED>    ``(i) a court or an administrative 
                        agency of competent jurisdiction in any State, 
                        territory, or possession of the United States; 
                        or</DELETED>
                        <DELETED>    ``(ii) an authorized official 
                        pursuant to an order of such a court or agency 
                        or pursuant to State or local law.''.</DELETED>

<DELETED>SEC. 5. AUTHORIZATION TO OBTAIN INFORMATION ON CHILD SUPPORT 
              PAYMENTS BY ALIENS.</DELETED>

<DELETED>    Section 453(h) of the Social Security Act (42 U.S.C. 
653(h)) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(4) Provision to attorney general and secretary 
        of state of information on persons delinquent in child support 
        payments.--On request by the Attorney General, Secretary of 
        Homeland Security, or the Secretary of State, the Secretary of 
        Health and Human Services shall provide the requestor with such 
        information as the Secretary of Health and Human Services 
        determines may aid them in determining whether an alien is 
        delinquent in the payment of child support.''.</DELETED>

<DELETED>SEC. 6. EFFECTIVE DATE.</DELETED>

<DELETED>    This Act and the amendments made by this Act shall take 
effect on the date that is 90 days after the date of enactment of this 
Act and shall apply to aliens who apply for benefits under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on or after 
such effective date.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Parental Responsibility Obligations 
Met through Immigration System Enforcement Act'' or ``PROMISE Act''.

SEC. 2. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION 
              FOR NONPAYMENT OF CHILD SUPPORT.

    Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(10)) is amended by adding at the end the following:
                    ``(F) Nonpayment of child support.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an alien who is legally obligated 
                        under a judgment, decree, or order to pay child 
                        support and whose failure to pay such child 
                        support has resulted in arrearages that exceed 
                        the amount specified in section 454(31) of the 
                        Social Security Act (42 U.S.C. 654(31)) is 
                        inadmissible.
                            ``(ii) Exception.--An alien described in 
                        clause (i) may become admissible when--
                                    ``(I) child support payments under 
                                the judgment, decree, or order are 
                                satisfied; or
                                    ``(II) the alien is in compliance 
                                with a payment agreement approved by 
                                the appropriate State enforcement 
                                agency or court.
                            ``(iii) Federal parent locator service.--
                        The Federal Parent Locator Service, established 
                        under section 453 of the Social Security Act 
                        (42 U.S.C. 653), shall be used to determine if 
                        an alien is inadmissible under clause (i).
                            ``(iv) Request by foreign country.--For 
                        purposes of clause (i), any request for 
                        services by a foreign reciprocating country or 
                        a foreign country with which a State has an 
                        arrangement described in section 459A(d) of the 
                        Social Security Act (42 U.S.C. 659a(d)) shall 
                        be treated as a State request.''.

SEC. 3. AUTHORITY TO PAROLE ALIENS EXCLUDED FROM ADMISSION FOR 
              NONPAYMENT OF CHILD SUPPORT.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended by adding at the end the following:
    ``(C)(i) The Secretary of Homeland Security may, in the Secretary's 
discretion, parole into the United States, any alien who is 
inadmissible under subsection (a)(10)(F)(i) if--
            ``(I) the Secretary of Homeland Security places such alien 
        into removal proceedings;
            ``(II) the alien demonstrates to the satisfaction of the 
        Secretary of Homeland Security that such parole is essential to 
        the compliance and fulfillment of child support obligations;
            ``(III) the alien demonstrates that the alien has 
        employment in the United States and is authorized by law for 
        employment in the United States; and
            ``(IV) the alien is not inadmissible under any other 
        provision of law.
    ``(ii) The Secretary of State may permit an alien described in 
clause (i) to present himself or herself at a port of entry for the 
limited purpose of seeking parole pursuant to clause (i).
    ``(iii) The Secretary of Homeland Security and the Secretary of 
State shall exercise the discretionary authority described in this 
subparagraph in a manner consistent with the objective of facilitating 
collection of payment of child support arrearages.
    ``(iv) For purposes of this subparagraph, unless waived by the 
alien, the Attorney General shall not enter a final order of removal 
within the 180-day period after the Secretary of Homeland Security 
initially charges the alien as removable under subsection (a)(10)(F) 
and shall not enter such final removal order during the pendency of 
State court proceedings involving the child support obligations of the 
alien.''.

SEC. 4. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON ESTABLISHMENT OF GOOD 
              MORAL CHARACTER.

    Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)) is amended--
            (1) in paragraph (8), by striking the period at the end and 
        inserting ``; or''; and
            (2) by inserting after paragraph (8) the following:
            ``(9) one who is legally obligated under a judgment, 
        decree, or order to pay child support (as defined in section 
        459(i) of the Social Security Act (42 U.S.C. 659(i))) and whose 
        failure to pay such child support has resulted in arrearages 
        that exceed the amount specified in section 454(31) of that Act 
        (42 U.S.C. 654(31)), unless support payments under the 
        judgment, decree, or order are satisfied or the alien is in 
        compliance with an approved payment agreement.''.

SEC. 5. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES ON 
              CERTAIN VISA APPLICANTS AND ARRIVING ALIENS.

    Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 
1225(d)) is amended by adding at the end the following:
            ``(5) Authority to serve process in child support cases.--
                    ``(A) In general.--To the extent consistent with 
                State law, immigration officers are authorized to serve 
                on any alien who is an applicant for admission to the 
                United States, legal process with respect to--
                            ``(i) any action to enforce a legal 
                        obligation of an individual to pay child 
                        support (as defined in section 459(i) of the 
                        Social Security Act (42 U.S.C. 659(i)); or
                            ``(ii) any action to establish paternity.
                    ``(B) Definition.--For purposes of subparagraph 
                (A), the term `legal process' means any writ, order, 
                summons, or other similar process that is issued by--
                            ``(i) a court or an administrative agency 
                        of competent jurisdiction in any State, 
                        territory, or possession of the United States; 
                        or
                            ``(ii) an authorized official pursuant to 
                        an order of such a court or agency or pursuant 
                        to State or local law.''.

SEC. 6. AUTHORIZATION TO OBTAIN INFORMATION ON CHILD SUPPORT PAYMENTS 
              BY ALIENS.

    Section 453(h) of the Social Security Act (42 U.S.C. 653(h)) is 
amended by adding at the end the following:
            ``(4) Provision of information on persons delinquent in 
        child support payments.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and in accordance with the 
                requirements of subsection (b), on request by the 
                Attorney General, Secretary of Homeland Security, or 
                Secretary of State, the Secretary of Health and Human 
                Services shall provide and transmit to authorized 
                persons through the Federal Parent Locator Service, 
                such information as the Secretary of Health and Human 
                Services determines may aid the authorized person in 
                establishing whether an alien is delinquent in the 
                payment of child support.
                    ``(B) Prohibition on disclosure of information.--In 
                no case may an authorized person permit use by, or 
                disclosure to, any person (other than a sworn officer 
                or employee of the United States Government for 
                legitimate law enforcement purposes) of any information 
                obtained under this paragraph through the Federal 
                Parent Locator Service.
                    ``(C) Penalty.--Any person who willfully uses, 
                publishes, or permits information to be disclosed in 
                violation of this paragraph shall be subject to 
                appropriate disciplinary action and subject to a civil 
                monetary penalty of not more than $5,000 for each such 
                violation.
                    ``(D) Authorized person defined.--For purposes of 
                this paragraph, the term `authorized person' means any 
                administrative agency, immigration officer, or consular 
                officer (as defined in section 101(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)) 
                having the authority to investigate or enforce the 
                immigration and naturalization laws of the United 
                States with respect to the legal entry and status of 
                aliens.''.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date that is 90 days after the date of enactment of this Act and 
shall apply to aliens who apply for benefits under the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) on or after such effective 
date.




                                                       Calendar No. 511

108th CONGRESS

  2d Session

                                S. 1609

_______________________________________________________________________

                                 A BILL

  To make aliens ineligible to receive visas and exclude aliens from 
   admission into the United States for nonpayment of child support.

_______________________________________________________________________

                              May 13, 2004

                       Reported with an amendment