S.Amdt. 3331

1. Adds SEC. __. PROMISE ACT wherever appropriate

   Adds a section

   Inserted: SEC. __. PROMISE ACT.

   Inserted: (a) Short Title.--This section may be cited as the "Parental Responsibility Obligations Met through Immigration System Enforcement Act" or the "PROMISE Act".

   Inserted: (b) Aliens Ineligible to Receive Visas and Excluded From Admission for Nonpayment of Child Support.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following:

   Inserted: "(F) Nonpayment of child support.--

   Inserted: "(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.

   Inserted: "(ii) Exception.--An alien described in clause (i) may become admissible when--

   Inserted: "(I) child support payments under the judgment, decree, or order are satisfied; or

   Inserted: "(II) the alien is in compliance with a payment agreement approved by the appropriate State enforcement agency or court.

   Inserted: "(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).

   Inserted: "(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.".

   Inserted: (c) Authority to Parole Aliens Excluded From Admission for Nonpayment of Child Support.--Section 212(d)(5) (8 U.S.C. 1182(d)(5)) is amended by adding at the end the following:

   Inserted: "(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) if--

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   Inserted: "(I) the Secretary places such alien into removal proceedings;

   Inserted: "(II) the alien demonstrates to the satisfaction of the Secretary that such parole is essential to the compliance and fulfillment of child support obligations;

   Inserted: "(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

   Inserted: "(IV) the alien is not inadmissible under any other provision of law.

   Inserted: "(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).

   Inserted: "(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.

   Inserted: "(iv) For purposes of this subparagraph, unless waived by the alien, the Attorney General shall not enter a final order of removal--

   Inserted: "(I) during the 180-day period beginning on the date on which the Secretary of Homeland Security initially charges the alien as removable under subsection (a)(10)(F); or

   Inserted: "(II) during the pendency of State court proceedings involving the child support obligations of the alien.".

   Inserted: (d) Effect of Nonpayment of Child Support on Establishment of Good Moral Character.--Section 101(f) (8 U.S.C. 1101(f)) is amended--

   Inserted: (1) in paragraph (8), by striking "or" at the end;

   Inserted: (2) in paragraph (9), by striking the period at the end and inserting "; or"; and

   Inserted: (3) by inserting after paragraph (9) the following:

   Inserted: "(10) 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.".

   Inserted: (e) Authorization to Serve Legal Process in Child Support Cases on Certain Visa Applicants and Arriving Aliens.--Section 235(d) (8 U.S.C. 1225(d)), as amended by section 128, is further amended by adding at the end the following:

   Inserted: "(6) Authority to serve process in child support cases.--

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(ii) any action to establish paternity.

   Inserted: "(B) Legal process defined.--In this paragraph, the term 'legal process' means any writ, order, summons, or other similar process that is issued by--

   Inserted: "(i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; or

   Inserted: "(ii) an authorized official pursuant to an order of such a court or agency or pursuant to State or local law.".

   Inserted: (f) 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:

   Inserted: "(4) Provision of information on persons delinquent in child support payments.--

   Inserted: "(A) In general.--Notwithstanding any other provision of law and in accordance with the requirements of subsection (b), upon the request of 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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(D) Authorized person defined.--As used in 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.".

   Inserted: (g) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 90 days after the date of the 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.

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As printed