S. 1609Senate108th Congress (2003-2005)In Committee

PROMISE Act

Legislative Activity

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5 earlier actions

SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 511.

May 13, 2004

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SenateIntro Referral

Introduced in Senate

September 11, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S11417-11418)

September 11, 2003

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S11418)

Judiciary Committee

September 11, 2003

SenateCommittee

Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

Judiciary Committee

May 13, 2004

SenateCommittee

Committee on the Judiciary. Reported with an amendment in the nature of a substitute. Without written report.

Judiciary Committee

May 13, 2004

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 511.

May 13, 2004

Floor Debate

6 members

What members said about S. 1609 on the floor

5 Republicans1 Democrat

Sen. Susan M. CollinsR-ME · Sep 11, 2003

Mr. President, I rise today to reflect on the terrorist attacks of 2 years ago, and to remember those who lost their lives or their loved ones on that tragic day. We also pause to honor the heroes…

Mr. President, I rise today to reflect on the terrorist attacks of 2 years ago, and to remember those who lost their lives or their loved ones on that tragic day. We also pause to honor the heroes who came to the rescue that day: our firefighters, police officers, and emergency workers.

Two years ago, a brilliant late-summer Tuesday morning turned without warning into a horror of fire, smoke and chaos. Just another workday suddenly became a day of unimaginable loss, courage and sacrifice. What happened in New York City, Washington and Pennsylvania 2 years ago ensured that September 11 would be forever a solemn anniversary we will observe with reverence and reflection. It is a date we will keep in our places of worship, in our streets and public parks, certainly in our hearts.

This second anniversary also is an appropriate time for assessment. While the terrorist attacks told us much about the strength of our people, they also revealed many weaknesses--in planning, cohesiveness and cooperation--in our government. The question we in government must answer today is whether our planning is more comprehensive, preparedness more effective, and the interactions among the various agencies of government more cohesive and cooperative.

Since September 11, 2001, the Federal Government has worked to forge a new relationship with State and local governments. During the past 2 years, Congress has provided $11 billion to States and localities to help equip and train their police, fire, and emergency personnel. Federal experts have trained more than 450,000 State and local first responders and conducted nearly 450 training exercises throughout the country. These efforts have better equipped our communities and first responders to respond to a terrorist attack.

But we must do more to help first responders become first preventers--to help them apprehend terrorists and thwart attacks before they happen. Our communities requires more than decontamination equipment to treat those affected by a dirty bomb--we need to give our law enforcement agencies innovative monitoring technologies to thwart terrorists before they strike.

As the Portland Press Herald reported just last week, ``While [Maine] is better equipped to respond to a chemical strike or ``dirty'' radioactive bomb, little has been spent to prevent such an attack.'' The legislation I am introducing today is aimed squarely at prevention.

The Homeland Security Act established a framework to research and develop new advanced counter-terrorism technologies. The Homeland Security Appropriations bill passed by the Senate just a few months ago will provide the millions needed to fund this effort. Many other agencies, both within and outside the Department of Homeland Security, are developing technologies that could be used to prevent future terrorist attacks.

I am pleased to introduce legislation with my colleague from Arkansas, Senator Pryor, which would help the Department quickly identify and transfer cutting edge counter-terrorism technologies and equipment to the front lines. Under our legislation, the Director of the Office for Domestic Preparedness, working with State and local law enforcement officials, the Science and Technology Directorate, and other Federal agencies will identify counter-terrorism technologies with the potential to significantly assist the law enforcement community.

Once these technologies have been identified, State and local law enforcement agencies can apply to receive these technologies and equipment directly from the Department of Homeland Security. For example, those law enforcement agencies protecting borders, cargo ports, and other freight transportation links will be able to secure advanced detection and monitoring equipment that may not be purchased using other Office for Domestic Preparedness funds. This program, then, will fill in the technology gaps between traditional homeland security assistance programs.

This is not another open-ended grant program. Rather, the counter- terrorism technologies and equipment themselves will be available from a catalog of items proven to work. Transferring the technology, instead of providing a monetary grant, will enable ODP to provide the appropriate training to law enforcement officials.

Our legislation is modeled after a program that works--the successful Technology Transfer Program within the Counterdrug Technology Assessment Center. Since 1998, this program has provided nearly five thousand pieces of equipment to roughly twenty percent of the Nation's State and local law enforcement agencies. It has also operated efficiently: administrative costs run less than 10 percent of the total funding per year.

I commend Secretary Ridge for his outstanding efforts on the monumental challenge of incorporating nearly two-dozen agencies into the new Department of Homeland Security. But just as it is our first responders who are on the front lines when terrorism strikes, it is our law enforcement community, our ``first preventers,'' who can best thwart terrorism before it occurs. We must build on Secretary Ridge's efforts by helping to ensure that our state and local law enforcement agencies have the equipment and training they need.

I am pleased to have the support from police chiefs and sheriffs across America. In fact, the National Sheriffs' Association, the International Association of Chiefs of Police, and the Major City Policy Chiefs have already voiced their support for this legislation.

A few weeks ago, the Port Authority of New York and New Jersey released transcripts of the 911 tapes from that awful day, more than 1,800 tragic pages that tell an inspiring story of everyday people responding as extraordinary heroes. We in government must not forget that story as we proceed with the difficult task we have undertaken, one that may never be finished but that must progress. Let every September 11, then, be both a day of remembrance and a day when we commit ourselves to better protect the citizens of this great Nation.

Sen. Arlen SpecterR-PA · Sep 11, 2003

Mr. President, I sought recognition to introduce legislation to create a commission on overtime pay. Yesterday, the Senate passed an amendment to preclude Federal funding for the regulation issued by…

Mr. President, I sought recognition to introduce legislation to create a commission on overtime pay.

Yesterday, the Senate passed an amendment to preclude Federal funding for the regulation issued by the Department of Labor on overtime pay, and it is uncertain what will happen as the bill goes to conference. There has been a representation that the President will veto the appropriations bill on Labor, Health and Human Services, and Education if this regulation is not in the bill.

It seems to me we ought to be taking another step, and that is to create a commission to deal with this issue so we are prepared in any eventuality. There is no doubt that the 1945 regulations on the Fair Labor Standards Act, that those regulations are vastly out of date and they ought to be revised. There are many lawsuits, some class actions, to determine what the definitions are for those who are or who are not covered by overtime pay that ought to be clarified. Clarification can be achieved without having the massive disruption on the change on overtime pay for so many in the workforce.

A change in the overtime pay for those in the workforce would be especially problematic given the economic situation at hand, that it is a difficult time and there ought not to be that kind of disruption which would be occasioned by this bill, by the regulations going into effect.

Even though the Department of Labor's propose legislation stated that the Department could not exactly clarify which workers would be exempt or not exempt based on the current and the proposed rules, the commission which I am proposing would have representatives from business, the public sector, the labor groups, with widespread approval from congressional leaders, and is a preferable course so we can achieve both objectives; that is, to have clarification on the outdated regulations to avoid the litigation and know who is exempt and who is not exempt while doing it without massive disruption of the overtime pay at a very difficult time for the workers.

To reiterate, today I am introducing legislation to establish a commission to conduct a thorough study of issues relating to modernization of the Fair Labor Standards Act overtime provisions. These provisions have remained substantially unchanged since 1975, despite changes in the modern work place.

On March 31, 2003, the Labor Department issued proposed regulations to update the exemptions from overtime pay for executive, administrative, professional, outside sales and computer employees. More than 70,000 comments were received by the June 30, 2003 deadline. Due to the controversy generated by the proposed regulations, I held a hearing on July 31, 2003 to explore this

complex question. We heard testimony from the Labor Department, as well as organized labor and business representatives. It was evident that while there was general agreement that greater clarity of definitions concerning overtime pay eligibility would be beneficial to both employees and workers there was disagreement about the impact of the proposed regulations, and no consensus about how to achieve greater clarity and compliance to avoid costly lawsuits. Even the Labor Department's proposed regulations stated that the Department could not exactly clarify which workers are exempt and nonexempt based on the current and proposed rules.

The commission I am proposing will bring together experts to study these ambiguities and other issues deemed appropriate, and report to the Secretary of Labor and Congress by July 30, 2004. The legislation also specifies that the proposed overtime regulation will not become effective until 60 days after the date the commission report is submitted.

The commission will be composed of 11 members representing organized labor, the business community, the general public and Federal officials. The commission members will be appointed on a bipartisan, bicameral basis and shall be appointed by the Secretary of Labor, and the House and Senate appropriations and authorizing committees.

The primary duties of the commission will be to conduct a thorough study of, and develop recommendations on, issues relating to the modernization of the overtime provisions of the Fair Labor Standards Act of 1938.

Specifically the commission will:

(1) Review categories and numbers of workers not eligible for overtime pay under current regulations and identify how many workers and employers might be affected by proposed changes to the current regulation;

(2) Determine if the proposed regulation relating to overtime is sufficiently clear to be easily understood by employers and workers;

(3) Assess the paperwork burden that employers would have in order to assure that each individual worker, claimed to be exempt from such overtime requirements, actually is exempt under such regulation;

(4) Assess the extent to which it will be clear to the individual worker as to his or her overtime pay protection under the proposed regulation; and

(5) Determine the impact of the regulation on nurses, pharmacists, and police, firefighters and paramedics.

Given the extreme controversy over the proposed overtime regulation, I believe that the legislation that I am proposing will provide an opportunity for all sides to air the concerns and work with the Secretary of Labor to craft a regulation that will benefit employers, employees and the general public.

I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Lamar AlexanderR-TN · Apr 29, 2004

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, April 29, 2004, at 10 a.m., to…

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, April 29, 2004, at 10 a.m., to conduct a hearing on ``Counter-Terror Initiatives and Concerns in the Terror Finance Program.''

Concurrent with the hearing, the Committee intends to vote on the nominations of the Hon. Romolo A. (Roy) Bernardi, of New York, to be Deputy Secretary of Housing and Urban Development; Mr. Dennis C. Shea, of Virginia, to be Assistant Secretary for Policy Development and Research, Department of Housing and Urban Development; and Ms. Cathy M. MacFarlane, of Virginia, to be Assistant Secretary for Public Affairs, Department of Housing and Urban Development.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, April 29, 2004, to hold a business meeting.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, April 29, 2004, at 2:30 p.m., to hold a hearing on Middle East Broadcasting.

Mr. President, I ask unanimous consent that the Committee on Governmental Affairs be authorized to meet on Thursday, April 29, 2004, at 10 a.m. to consider the nomination of Dawn Tisdale to be Commissioner, U.S. Postal Rate Commission.

Mr. President, I ask unanimous consent that the Committee on Government Affairs be authorized to meet on Thursday, April 29, 2004, immediately following a 10 a.m. nominations hearing, to consider the nominations of David Safavian to be Administrator for Federal Procurement Policy, Office of Management and Budget.

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Thursday, April 29, 2004, at 10 am., in room 485 of the Russell Senate Office Building to conduct a hearing on S. 2301, a discussion draft bill to improve the management of Native American fish and wildlife and gathering, and for other purposes.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, April 29, 2004, at 9:30 a.m. in Dirksen Senate Building Room 226.

Agenda

I. Nominations: Henry W. Saad to be U.S. Circuit Judge for the Sixth Circuit; William Duane Benton to be United States Circuit Judge for the Eighth Circuit; Robert Bryan Harwell to be United States District Judge for the District of South Carolina; George P. Schiavelli to be United States District Judge for the Central District of California; and Curtis V. Gomez to be Judge for the District Court of the Virgin Islands.

II. Legislation:

S. 1735. Gang Prevention and Effective Deterrence Act of 2003 [Hatch, Chambliss, Cornyn, Feinstein, Graham, Grassley, Schumer].

S. 2107. A bill to authorize an annual appropriations of $10,000,000 for mental health courts through fiscal year 2009 [DeWine, Leahy].

S. 2192. Cooperative Research and Technology Enhancement (CREATE) Act of 2004 [Hatch, Feingold, Kohl, Leahy].

S. 1933. Enhancing Federal Obscenity Reporting and Copyright Enforcement (ENFORCE) Act of 2003 [Hatch, Cornyn, Feinstein].

S. 2237. Protecting Intellectual Rights Against Theft and Expropriation (PIRATE) Act of 2004 [Leahy, Hatch].

S. 1932. Artists' Rights and Theft Prevention (ART) Act of 2003 [Cornyn, DeWine, Durbin, Feinstein, Graham, Hatch, Kennedy].

H.R. 1561. United States Patent and Trademark Fee Modernization Act of 2004.

S. 1635. A bill to amend the Immigration and Nationality Act to ensure the integrity of the L-1 visa for intracompany transferees [Chambliss].

S. 1609. Parental Responsibility Obligations Met through Immigration System Enforcement (PROMISE) Act [Hatch, Cornyn].

S. 1129. Unaccompanied Alien Child Protection Act of 2003 [Feinstein, DeWine, Durbin, Edwards, Feingold, Kennedy, Kohl, Leahy, Schumer, Specter].

S. Res. 334. A resolution designating May 2004 as National Electrical Safety Month.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on April 29, 2004, at 2:30 p.m. to hold a closed mark-up on the fiscal year 2005 Intelligence Authorization Bill.

Mr. President, I ask unanimous consent that the Subcommittee on Oceans, Fisheries, and Coast Guard be authorized to meet on Thursday, April 29, 2004, at 10 a.m. on NOAA Oversight, in SR- 253.

Sen. Lamar AlexanderR-TN · May 13, 2004

Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to conduct a hearing during the session the Senate on Thursday, May 13, 2004. The…

Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to conduct a hearing during the session the Senate on Thursday, May 13, 2004. The purpose of this hearing will be to conduct a review of the Commodity Futures Trading Commission regulatory issues. Dr. James E. Newsome, Chairman of the Commodity Futures Trading Commission, will testify before the committee.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on May 13, 2004, at 9:30 a.m., in open session to receive testimony on the contingency reserve fund request for fiscal year 2005.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, May 13, 2004 at 9:30 a.m. to hold a hearing on Combating Corruption in the Multilateral Development Banks.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, May 13, 2003 at 2:30 p.m. to hold a hearing on Challenges and Accomplishments as the European Union and the United States Promote Trade and Tourism in a Terrorism Environment.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized

to meet to conduct a markup on Thursday, May 13, 2004, at 10 a.m. in Dirksen Senate Building Room 226.

Agenda

I. Nominations

Henry W. Saad to be U.S. Circuit Judge for the Sixth Circuit.

II. Legislation

S. 1735, Gang Prevention and Effective Deterrence Act of 2003 (Hatch, Feinstein, Grassley, Graham, Chambliss, Cornyn, Schumer).

S. 1933, Enhancing Federal Obscenity Reporting and Copyright Enforcement (ENFORCE) Act of 2003 (Hatch, Feinstein, Cornyn).

S. 1635, A bill to amend the Immigration and Nationality Act to ensure the integrity of the L-1 visa for intracompany transferees (Chambliss).

S. 1609, Parental Responsibility Obligations Met through Immigration System Enforcement (PROMISE) Act (Hatch, Cornyn).

S. 1129, Unaccompanied Alien Child Protection Act of 2003 (Feinstein, DeWine, Feingold, Kennedy, Leahy, Specter, Edwards, Durbin, Kohl, Schumer).

S. 2013, Satellite Home Viewer Extension Act of 2004 (Hatch, Leahy, DeWine, Kohl).

S. Res. 331, A resolution designating June 2004 as ``National Safety Month''. (Fitzgerald, Feinstein, DeWine).

Mr. President, I ask unanimous consent that the Joint Economic Committee be authorized to conduct a hearing in Room 628 of the Dirksen Senate Office Building, Thursday, May 13, 2004, from 10 a.m. to 1 p.m.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on May 13, 2004 at 2:30 p.m. to hold a closed hearing on intelligence matters.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions, Subcommittee on Children and Families, be authorized to meet for a hearing on Parents Raising Children: Premature Babies during the session of the Senate on Thursday, May 13, 2004, at 10 a.m.

Mr. President, I ask unanimous consent that the Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Property Rights be authorized to meet to conduct a markup on Thursday, May 13, 2004, at 9:30 a.m., in the Dirksen Senate Building, Room 226.

Agenda

Bill

S.J. Res. 23, A joint resolution proposing an amendment to the Constitution of the United States providing for the event that one- fourth of the Members of either the House of Representatives or the Senate are killed or incapacitated. [Cornyn/Chambliss].

Mr. President, I ask unanimous consent that the Subcommittee on Readiness and Management Support of the Committee on Armed Services be authorized to meet during the session of the Senate on May 13, 2004, at 2:30 p.m., in open session to receive testimony on acquisition policy issues in review of the defense authorization request for fiscal year 2005.

Mr. President, I ask unanimous consent that the Subcommittee on Science, Technology, and Space be authorized to meet on Thursday, May 13, 2004, at 2:30 p.m. on Social Science Data on the Impact of Marriage and Divorce on Children.

Sen. Norm ColemanR-MN · May 6, 2004

Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to conduct a hearing during the session of the Senate on Thursday, May 6, 2004. The…

Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to conduct a hearing during the session of the Senate on Thursday, May 6, 2004. The purpose of this hearing will be to discuss Biomass Use in Energy Production: New Opportunities for Agriculture.

Mr. President, I ask unanimous consent that the committee on Armed Services be authorized to meet during the session of the Senate on Thursday, May 6, 2004 at 9:30 a.m. in closed session to mark up the Department of Defense Authorization Act for fiscal year 2005.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, May 6, 2004, at 10:00 a.m. to conduct a markup of ``The Public Transportation Terrorism Prevention Act.''

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, May 6, 2004, at 9:30 a.m. on Impacts of Climate Change and States' Actions.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, May 6, 2004, at 9:30 a.m. in Dirksen Senate Building Room 226.

Agenda

I. Nominations

Henry W. Saad to be U.S. Circuit Judge for the Sixth Circuit.

II. Legislation

S. 1735, Gang Prevention and Effective Deterrence Act of 2003 [Hatch, Chambliss, Feinstein, Grassley, Cornyn, Graham, Schumer];

S. 1933, Enhancing Federal Obscenity Reporting and Copyright Enforcement (ENFORCE) Act of 2003 [Hatch, Feinstein, Cornyn];

S. 1635, A bill to amend the Immigration and Nationality Act to ensure the integrity of the L-1 visa for intracompany transferees [Chambliss];

S. 1609, Parental Responsibility Obligations Met through Immigration System Enforcement (PROMISE) Act [Hatch, Cornyn];

S. 1129, Unaccompanied Alien Child Protection Act of 2003 [Feinstein, DeWine, Feingold, Kennedy, Leahy, Specter, Edwards, Durbin, Kohl, Schumer]; and

S.J. Res. 34, A joint resolution designating May 29, 2004, on the occasion of the dedication of the National World War II Memorial, as Remembrance of World War II Veterans Day [Conrad, Leahy].

Mr. President, I ask unanimous consent that the Committee on Governmental Affairs Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, be authorized to meet on Thursday, May 6, 2004 at 10 a.m. for a hearing entitled, ``Trimming the Fat: Examining Duplicative and Outdated Programs and Functions.''

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Sen. Orrin G. HatchR-UT · Sep 11, 2003

Mr. President, I rise today to introduce the Parental Responsibility Obligations Met Through Immigration System Enforcement Act, or PROMISE Act. Sadly, there are many in our society who do not honor their child support obligations, and ultimately, it is the children who are hurt by such irresponsibility. Shockingly, many foreign nationals are able to benefit from our immigration laws notwithstanding their failure to live up to their child support obligations. As a matter of sound policy, our immigration laws should require those who wish to come into or remain in our country to comply with our moral and ethical standards. Let us be clear in our message. If you do not live up to your financial obligations to your own children, then you are not welcome in the United States.

I am introducing this legislation now because it is time to do something to protect many children who are economically disadvantaged or neglected. These children need clothes, food, and shelter--basic necessities of life. Moreover, when the deadbeat parents fail to meet their obligations to their own children, it is our society and our taxpayers who must pick up the cost. Of course, we will do what we have to for the children in our country, but we need to hold the parents responsible and impress upon them we will no

longer tolerate their irresponsible attitude toward their own children.

Specifically, this legislation amends the current Immigration and Nationality Act, section 212(a), to include failure to pay child support as a ground of inadmissibility. It will also amend section 101(f) of the Immigration and Nationality Act so that one who fails to pay child support is statutorily without good moral character. The legislation will cover not only orders from a court in the United States but also foreign courts with which our Federal or State governments have reciprocity agreements. As such, deadbeat parents cannot use the United States as a haven from child support enforcement by other governments.

In conclusion, we must be mindful that permission to enter the United States is a privilege and not a right. We will not grant this privilege to individuals who do not respect the law of our Nation, the laws of their home country, or their moral duty to provide for their children.

I ask for your support of the PROMISE Act.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Orrin G. HatchR-UT · Sep 11, 2003

longer tolerate their irresponsible attitude toward their own children.

I ask for your support of the PROMISE Act.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Evan BayhD-IN · Sep 11, 2003

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Reported to SenateIssued May 13, 2004

        [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