[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Page S12941]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AMENDING TITLE 28, U.S. CODE, WITH RESPECT TO THE ENFORCEMENT OF CHILD 
                     CUSTODY AND VISITATION ORDERS.

  Mr. LOTT. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of H.R. 4164, and 
that the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 4164) to amend title 28, United States Code, 
     with respect to the enforcement of child custody and 
     visitation orders.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 3837

                   (Purpose: To propose a substitute)

  Mr. LOTT. Senator Hatch has a substitute amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi (Mr. Lott), for Mr. Hatch and 
     Mr. Biden, proposes an amendment numbered 3837.

  The amendment is as follows:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. CHILD CUSTODY.

       (a) Section 1738A(a).--Section 1738A(a) of title 28, United 
     States Code, is amended by striking ``subsection (f) of this 
     section, any child custody determination'' and inserting 
     ``subsections (f), (g), and (h) of this section, any custody 
     determination or visitation determination''.
       (b) Section 1738A(b)(2).--Section 1738A(b)(2) of title 28, 
     United States Code, is amended by inserting ``or 
     grandparent'' after ``parent''.
       (c) Section 1738A(b)(3).--Section 1738A(b)(3) of title 28, 
     United States Code, is amended by striking ``or visitation'' 
     after ``for the custody''.
       (d) Section 1738A(b)(5).--Section 1738A(b)(5) of title 28, 
     United States Code, is amended by striking ``custody 
     determination'' each place it occurs and inserting ``custody 
     or visitation determination''.
       (e) Section 1738A(b)(9).--Section 1738A(b) of title 28, 
     United States Code, is amended by striking ``and'' at the end 
     of paragraph (7), by striking the period at the end of 
     paragraph (8) and inserting ``; and'', and by adding after 
     paragraph (8) the following:
       ``(9) `visitation determination' means a judgment, decree, 
     or other order of a court providing for the visitation of a 
     child and includes permanent and temporary orders and initial 
     orders and modifications.''.
       (f) Section 1738A(c).--Section 1738A(c) of title 28, United 
     States Code, is amended by striking ``custody determination'' 
     and inserting ``custody or visitation determination''.
       (g) Section 1738A(c)(2)(D).--Section 1738A(c)(2)(D) of 
     title 28, United States Code, is amended by adding ``or 
     visitation'' after ``determine the custody''.
       (h) Section 1738A(d).--Section 1738A(d) of title 28, United 
     States Code, is amended by striking ``custody determination'' 
     and inserting ``custody or visitation determination''.
       (i) Section 1738A(e).--Section 1738A(e) of title 28, United 
     States Code, is amended by striking ``custody determination'' 
     and inserting ``custody or visitation determination''.
       (j) Section 1738A(g).--Section 1738A(g) of title 28, United 
     States Code, is amended by striking ``custody determination'' 
     and inserting ``custody or visitation determination''.
       (k) Section 1738A(h).--Section 1738A of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(h) A court of a State may not modify a visitation 
     determination made by a court of another State unless the 
     court of the other State no longer has jurisdiction to modify 
     such determination or has declined to exercise jurisdiction 
     to modify such determination.''.

  Mr. BIDEN. Mr. President, I am pleased that the Senate today is 
passing the Hatch-Biden-Lautenberg substitute amendment to H.R. 4164, 
and I am hopeful that the other body will take up and pass the measure 
before Congress adjourns for the year.
  What this legislation does is simple. Under current federal law, 
states must give full faith and credit to the child custody orders of 
another state. A custody order is defined as including a visitation 
order. However, as evidence from around the country has shown, state 
courts often do not automatically recognize visitation orders, 
particularly when it is a visitation order for someone other than the 
child's parent, such as a grandparent. State courts are supposed to 
honor such orders, but it is often an arduous process getting them to 
do so.
  This legislation simply clarifies that the full faith and credit law 
includes visitation orders. We want it to be absolutely clear to state 
courts that a state visitation order entered consistently with the 
provisions of the federal full faith and credit statute must be given 
full faith and credit by all other states. In a narrow legal sense, it 
does nothing different than current federal law. But, by making that 
law more explicit, it hopefully will eliminate the hassles, obstacles, 
and delays that too often confront those who have valid visitation 
orders and are asking only that federal law be followed.
  Mr. President, the author of this idea was Representative Rob Andrews 
of New Jersey, who deserves credit for bringing this issue to our 
attention. From the day in 1997 when he introduced his bill on 
visitation orders, he has been tireless in pushing for its passage. I 
commend him and congratulate him.
  Finally, I want to thank Senator Hatch for his willingness to move 
this bill in the final days of the session. There is a lot of pressing 
work to be done, and this issue could have got lost in the final 
crunch. But, the chairman and his staff were very gracious in working 
with me to pass this bill.
  Mr. LOTT. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the bill be read a third time and passed, the motion to 
reconsider be laid upon the table, and that any statements relating to 
the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3837) was agreed to.
  The bill (H.R. 4164), as amended, was considered read the third time, 
and passed.




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