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108th CONGRESS
2d Session
H. R. 3941
To amend title 28, United States Code, to give district courts of the
United States jurisdiction over competing State custody determinations,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2004
Mr. Lampson (for himself, Mr. Chabot, Ms. Millender-McDonald, Ms.
DeLauro, Ms. Jackson-Lee of Texas, Mr. Frost, Mr. Cramer, Mr. Foley,
Mr. Moran of Virginia, Ms. Woolsey, Mr. Berry, Mr. Thompson of
Mississippi, Mr. Green of Texas, Mr. Grijalva, Mrs. Napolitano, Mr.
Sherman, Mr. Costello, Mr. Moore, Mr. Wynn, Mr. Tierney, Mr. Etheridge,
Mr. Rodriguez, Mr. Sandlin, Mr. Turner of Texas, Mr. Baird, Ms.
Baldwin, Mr. Farr, Mrs. Tauscher, Mr. Pomeroy, Mr. Cardoza, Mr. Honda,
Mr. Rush, Mr. Pascrell, Mr. Gordon, Mr. Edwards, Mr. McDermott, Mr.
Matsui, Mr. Pallone, Ms. Slaughter, Mrs. Maloney, Ms. Linda T. Sanchez
of California, Mr. Shimkus, Mr. Weiner, Mr. McNulty, Mr. DeFazio, Ms.
Lofgren, Mr. Ruppersberger, Mr. McGovern, Ms. Solis, Mr. George Miller
of California, Mr. Larson of Connecticut, Mr. Visclosky, Mr. Van
Hollen, Mr. Capuano, Mr. Israel, Mr. Price of North Carolina, Mr. Brown
of Ohio, Mr. Langevin, Mr. Reyes, Ms. Eshoo, Mr. Lantos, Mr. Becerra,
Ms. Norton, Mr. Lipinski, Mr. Burton of Indiana, Mr. Kind, Ms. Pelosi,
Mr. Olver, Mr. Ackerman, Ms. Berkley, Mr. Hinojosa, Mr. John, Mr. Baca,
Mr. Brady of Pennsylvania, Mr. Holt, Ms. Eddie Bernice Johnson of
Texas, Mr. Kanjorski, Mr. King of New York, Ms. Lee, Mr. McIntyre, Ms.
Roybal-Allard, Ms. Loretta Sanchez of California, Mr. Wexler, Mr. Lewis
of Georgia, Mr. Peterson of Minnesota, Ms. Schakowsky, Mr. Doyle, Mr.
Rangel, Mr. Oberstar, Mr. Stupak, Mr. Hoyer, Ms. McCollum, Mr. Evans,
Mr. Gephardt, Mr. Hefley, Ms. DeGette, Mr. Gonzalez, Mr. Hill, Mr.
Doggett, Mr. Crowley, Mrs. Lowey, Mr. Ose, Mr. Davis of Tennessee, Ms.
Hart, Mr. Bell, and Mr. Bereuter) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committees on International Relations, and Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to give district courts of the
United States jurisdiction over competing State custody determinations,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bring Our Children Home Act''.
SEC. 2. JURISDICTION OVER COMPETING STATE CUSTODY ORDERS.
Section 1738A of title 28, United States Code, is amended by adding
at the end the following:
``(i) If a court of one State makes a child custody determination
in accordance with subsection (c) and if that determination is in
conflict with a determination made by another State in accordance with
subsection (c), a contestant for whom such a determination was made may
bring an action in the district court of the United States the district
of which includes the resident of such contestant to determine, on the
basis of the best interests of the child involved, which determination
shall prevail.''.
SEC. 3. NATIONAL REGISTRY OF CUSTODY ORDERS.
(a) In General.--The Attorney General shall establish a national
child custody and visitation registry in which shall be entered--
(1) certified copies of custody and visitation
determinations made by courts throughout the United States (and
foreign custody orders concerning children temporarily or
permanently resident in the United States);
(2) information identifying pending proceedings in courts
throughout the United States for initial, modification, or
enforcement orders; and
(3) information identifying proceedings filed in any court
in the United States pursuant to the Hague Convention on the
Civil Aspects of International Child Abduction and the
International Child Abduction Remedies Act, and resulting
orders.
(b) Cooperation.--The Attorney General shall seek the cooperation
of State and Federal courts in each State, and the District of
Columbia, in providing relevant information to the registry on an
ongoing basis. The Attorney General shall provide such financial and
technical assistance as necessary.
(c) Access.--The registry shall be accessible to courts, law
enforcement officials, custody contestants and their legal
representatives
SEC. 4. DETENTION OF CHILDREN LISTED AS MISSING.
Law enforcement officers of any State or local government may hold,
for not more than 24 hours or until a disposition can be made, any
child listed under any category of the Missing Person File by the
National Crime Information Center for the proper disposition of the
child in accordance with the latest valid custody determination
applicable to the child.
SEC. 5. INTERNATIONAL CHILD ABDUCTION REMEDIES.
(a) Legal Assistance for Victims of Parental Kidnapping.--Section 7
of the International Child Abduction Remedies Act (42 U.S.C. 11606) is
amended by adding at the end the following new subsection:
``(f) Legal Assistance for Victims of Parental Kidnapping Grants.--
``(1) Funding to legal services providers.--The Central
Authority shall establish a program to provide funding to legal
services providers, including private attorneys, public
officials acting pursuant to the Uniform Child Custody
Jurisdiction and Enforcement Act, legal aid programs, and law
school clinical programs, to provide direct legal or advocacy
services on behalf of persons seeking remedies under the
Convention, or other civil or criminal remedies in interstate
or international parental kidnapping cases.
``(2) Training and technical assistance.--The Central
Authority, directly or through grants, shall provide training
and technical assistance to recipients of funds under paragraph
(1) to improve their capacity to offer legal assistance
described in paragraph (1).''.
(b) Legal Services Corporation.--The Legal Services Corporation may
use funds made available to the Corporation for programs to represent
aliens in proceedings brought in the United States under the
Convention--
(1) if the individuals to whom the representation is
provided otherwise meet the criteria of the Corporation for
eligible clients under the Legal Services Corporation Act; and
(2) whether or not such individuals are resident in the
United States.
(c) Exemption From Court Costs.--Section 8(b) of the International
Child Abduction Remedies Act (42 U.S.C. 11607(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) through (4), respectively;
(2) by striking paragraph (1) and inserting the following:
``(1) No court costs may be assessed on a petitioner in
connection with a petition seeking the return of, or rights of
access to, a child located in the United States, pursuant to
this Act.
``(2) Petitioners may be required to bear the costs of legal
counsel or advisors, court costs incurred in connection with their
petitions (other than petitions described in paragraph (1)) and travel
costs for the return of the child involved and any accompanying
persons, except as provided in paragraphs (3) and (4).''; and
(3) in paragraph (3), as so redesignated--
(A) by striking ``paragraph (3)'' and inserting
``paragraph (4)''; and
(B) by inserting ``(other than in connection with a
petition described in paragraph (1))'' after ``or court
costs''.
(d) Responsibilities of United States Central Authority.--Section 7
of the International Child Abduction Remedies Act (42 U.S.C. 11606) is
amended by adding at the end the following new subsections:
``(f) Technical Assistance.--The United States Central Authority
shall encourage the Chief Justice of every State and the District of
Columbia to designate a single court, or a limited number of courts, in
which cases brought under the Convention may be heard. The Central
Authority may provide technical assistance (including computers and
Internet access) as necessary to foster consolidation of jurisdiction
and implementation of the Convention, consistent with the purposes of
the Convention.
``(g) Training.--The United States Central Authority shall provide
or promote training of State court judges, lawyers, and law students on
the civil and criminal laws pertaining to interstate and international
parental kidnapping. To carry out this subsection, the United States
Central Authority may make available funds under subsection (e) to
State judicial educators, national, State, and local bar associations,
and law schools. The United States Central Authority shall require
recipients of such funds to report on the training programs they
present, including the number of participants.''.
(e) Federal Judicial Center.--Section 620 of title 28, United
States Code, is amended by adding at the end the following:
``(c) Continuing Education and Training Programs.--The Center shall
include in its continuing education and training programs, including
the training programs for newly appointed judges, information on the
Hague Convention on the Civil Aspects of International Child Abduction,
the International Child Abduction Remedies Act, the International
Parental Kidnapping Crime Act, and other Federal statutes pertaining to
parental kidnapping within the jurisdiction of the Federal courts, and
shall prepare materials necessary to carry out this subsection.''.
SEC. 6. REPORTS RELATING TO INTERNATIONAL CHILD ABDUCTION.
(a) Report on Progress in Negotiating Bilateral Treaties With Non-
Hague Convention Countries.--The Secretary of State shall prepare and
submit to the Congress an annual report on progress made by the United
States in negotiating and entering into bilateral treaties (or other
international agreements) relating to international child abduction
with countries that are not contracting parties to the Hague Convention
on the Civil Aspects of International Child Abduction.
(b) Report on Human Rights Practices.--(1) Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(A) in paragraph (7), by striking ``and'' at the end and
inserting a semicolon;
(B) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) the status of efforts in each country to prohibit
international child abduction, including--
``(A) efforts to expedite the return of children to
the country of their habitual residence; and
``(B) the extent to which the country respects the
rights of custody and of access under the laws of other
countries.''.
(2) Section 502B(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(b)) is amended by inserting after the sixth sentence the
following: ``Each report under this section shall include information
on the status of efforts in each country to prohibit international
child abduction, including efforts to expedite the return of children
to the country of their habitual residence and the extent to which the
country respects the rights of custody and of access under the laws of
other countries.''.
(c) Report on Enforcement of Section 1204 of Title 18, United
States Code.--The Attorney General, in consultation with the Secretary
of State, shall prepare and submit to the Congress an annual report
that contains a description of the status of each case involving a
request during the preceding year for extradition to the United States
of an individual alleged to have violated section 1204 of title 18,
United States Code.
SEC. 7. SUPPORT FOR UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT
ACT.
From amounts made available to carry out this section, the Attorney
General shall support, directly or through grants and contracts, the
adoption and implementation by the States of the Uniform Child Custody
Jurisdiction and Enforcement Act, as adopted by the National Conference
of Commissioners on Uniform State Laws (in this section referred to as
the ``UCCJEA''). The support provided under this section shall include
the following activities:
(1) Activities to promote the adoption of the UCCJEA by
States that have not yet adopted it.
(2) Activities to provide training to lawyers and to judges
and other appropriate public officials to ensure that the
UCCJEA is implemented effectively and uniformly throughout the
United States.
(3) Activities to provide guidance and funding to States to
facilitate and expedite the enforcement by those States of the
custody and visitation provisions of the UCCJEA.
SEC. 8. FEDERAL JUDICIAL CENTER EDUCATION PROGRAMS ON PARENTAL
KIDNAPPING.
The Federal Judicial Center, in fulfilling its function to
stimulate, create, develop, and conduct programs of continuing
education and training for personnel of the judicial branch of the
Government and other persons (as specified in section 620(b)(3) of
title 28, United States Code), shall ensure that those programs include
education, training, and materials on the Hague Convention on the Civil
Aspects of International Child Abduction, the International Child
Abduction Remedies Act, the International Parental Kidnapping Crime
Act, and such other international and Federal laws relating to parental
kidnapping as are within the jurisdiction of the Federal courts.
SEC. 9. USE OF SUPERVISED VISITATION CENTERS UNDER THE SAFE HAVENS FOR
CHILDREN PILOT PROGRAM IN SITUATIONS INVOLVING THE RISK
OF PARENTAL KIDNAPPING.
Section 1301(a) of the Violence Against Women Act of 2000 (42
U.S.C. 10420(a)) is amended by striking ``or stalking'' and inserting
``stalking, or the risk of parental kidnapping''.
SEC. 10. DISCLOSURE OF TAXPAYER IDENTITY INFORMATION TO NATIONAL CENTER
FOR MISSING AND EXPLOITED CHILDREN.
(a) In General.--Subsection (m) of section 6103 of the Internal
Revenue Code of 1986 (relating to disclosure of taxpayer identity
information) is amended by adding at the end the following new
paragraph:
``(8) Requests from the national center for missing and
exploited children.--Upon written request by the National
Center for Missing and Exploited Children, the Secretary may
disclose the mailing address and any business address of any
taxpayer or dependent thereof pursuant to section 404 of the
Missing Children's Assistance Act, for use only by the National
Center for Missing and Exploited Children in locating and
recovering missing and exploited children.''.
(b) Safeguards.--Paragraph (4) of section 6103(p) of such Code
(relating to safeguards) is amended--
(1) by striking ``(16) or'' and inserting ``(16), or'',
(2) by inserting ``or in subsection (m)(8)'' after ``(20)''
each place it occurs, and
(3) by ``or (7) of subsection (m)'' and inserting ``(7), or
(8) of subsection (m)''.
(c) Criminal Penalty for Unauthorized Disclosure of Information.--
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