[Congressional Record Volume 144, Number 20 (Wednesday, March 4, 1998)]
[House]
[Pages H851-H852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 3130

                         Offered By: Mr. Cardin

       Amendment No. 2: In the table of contents of the bill, add 
     at the end the following:

                    TITLE IV--IMMIGRATION PROVISIONS

Sec. 401. Aliens ineligible to receive visas and excluded from 
              admission for nonpayment of child support.
Sec. 402. Effect of nonpayment of child support on establishment of 
              good moral character.
Sec. 403. Authorization to serve legal process in child support cases 
              on certain arriving aliens.
Sec. 404. Authorization to obtain information on child support payments 
              by aliens.
       At the end of the bill, add the following:
                    TITLE IV--IMMIGRATION PROVISIONS

     SEC. 401. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED 
                   FROM ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.

       (a) In General.--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.--Any alien is inadmissible 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), and whose failure to pay such child support has 
     resulted in an arrearage exceeding $5,000, until child 
     support payments under the judgment, decree, or order are 
     satisfied or the alien is in compliance with an approved 
     payment agreement.
       ``(ii) Application to permanent residents.--Notwithstanding 
     section 101(a)(13)(C), an alien lawfully admitted for 
     permanent residence in the United States who has been absent 
     from the United States for any period of time shall be 
     regarded as seeking an admission into the United States for 
     purposes of this subparagraph.
       ``(iii) Waiver authorized.--The Attorney General may waive 
     the application of clause (i) in the case of an alien, if the 
     Attorney General--

       ``(I) has received a request for the waiver from the court 
     or administrative agency having jurisdiction over the 
     judgment, decree, or order obligating the alien to pay child 
     support that is referred to in such clause; and
       ``(II) determines that the likelihood of the arrearage 
     being eliminated, and all subsequent child support payments 
     timely being made by the alien, would increase substantially 
     if the waiver were granted.''.

       (b) Effective Date.--The amendment made by this section 
     shall take effect 180 days after the date of the enactment of 
     this Act.

     SEC. 402. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON 
                   ESTABLISHMENT OF GOOD MORAL CHARACTER.

       (a) In General.--Section 101(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(f)) is amended--

[[Page H852]]

       (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), and whose failure to pay 
     such child support has resulted in any arrearage, unless 
     child support payments under the judgment, decree, or order 
     are satisfied or the alien is in compliance with an approved 
     payment agreement.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to aliens applying for a benefit under the 
     Immigration and Nationality Act on or after 180 days after 
     the date of the enactment of this Act.

     SEC. 403. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD 
                   SUPPORT CASES ON CERTAIN ARRIVING ALIENS.

       (a) In General.--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 any action to enforce or establish a 
     legal obligation of an individual to pay child support (as 
     defined in section 459(i) of the Social Security Act).
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `legal process' means any writ, order, summons or other 
     similar process, which 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.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to aliens applying for admission to the United 
     States on or after 180 days after the date of the enactment 
     of this Act.

     SEC. 404. 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 to attorney general and secretary of state 
     of information on persons delinquent in child support 
     payments.--On request by the Attorney General 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.''.
       Amend the title so as to read: ``A bill 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, to amend the Immigration and Nationality Act to 
     make certain aliens determined to be delinquent in the 
     payment of child support inadmissible and ineligible for 
     naturalization, and for other purposes.''.

                               H.R. 3130

                         Offered by: Mr. Gilman

       Amendment No. 3: At the end of the bill, add the following:
     TITLE V--INCLUSION OF CHILD CARE COSTS IN CHILD SUPPORT ORDERS

     SEC. 501. INCLUSION OF CHILD CARE COSTS IN CHILD SUPPORT 
                   ORDERS.

       Section 466(a) of the Social Security Act (42 U.S.C. 
     666(a)) is amended by inserting after paragraph (19) the 
     following:
       ``(20) Child care costs.--Procedures under which all child 
     support orders issued or modified in the State on or after 
     the date of the enactment of this paragraph include, in the 
     case of a custodial parent who is employed or is actively 
     seeking employment, a provision proportionately allocating 
     actual child care costs between the custodial and 
     noncustodial parents based on the income of each parent, 
     excluding income from child support.''.