[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5715 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5715

To amend the Immigration and Nationality Act to render inadmissible to 
the United States the extended family of international child abductors, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2002

 Mr. Burton of Indiana (for himself, Mrs. Maloney of New York, and Mr. 
Ose) introduced the following bill; which was referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to render inadmissible to 
the United States the extended family of international child abductors, 
                        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. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL CHILD 
              ABDUCTORS AND RELATIVES OF SUCH ABDUCTORS.

    (a) In General.--Section 212(a)(10)(C)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(10)(C)(ii)) is amended--
            (1) in subclause (I), by striking the comma at the end and 
        inserting a semicolon;
            (2) in subclause (II), by striking ``, or'' at the end and 
        inserting a semicolon;
            (3) by amending subclause (III) to read as follows:
                                    ``(III) is a spouse (other than the 
                                spouse who is the parent of the 
                                abducted child), child (other than the 
                                abducted child), parent, sibling, 
                                cousin, uncle, aunt, nephew, niece, or 
                                grandparent of an alien described in 
                                clause (i), is an agent of such an 
                                alien, or is a principal employing such 
                                an alien as an agent, if such person 
                                has been designated by the Secretary of 
                                State at the Secretary's sole and 
                                unreviewable discretion; or'' and
            (4) by adding at the end the following:
                                    ``(IV) is a spouse of the abducted 
                                child described in clause (i), if such 
                                person has been designated by the 
                                Secretary of State at the Secretary's 
                                sole and unreviewable discretion,
                        is inadmissible until such child is surrendered 
                        to the person granted custody by the order 
                        described in that clause, and such custodian 
                        and child are permitted to return to the United 
                        States or such custodian's place of 
                        residence.''.
    (b) Identification of Aliens Supporting Abductors and Relatives of 
Abductors; Notice to Custodial Parents and Guardians; Annual Report; 
Definitions.--Section 212(a)(10)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(10)(C)) is amended by adding at the end the 
following:
                            ``(iv) Identification of aliens supporting 
                        abductors and relatives of abductors.--In all 
                        instances in which an alien commits an act 
                        described in clause (i), the Secretary of State 
                        shall take appropriate action to identify the 
                        individuals who are inadmissible under clause 
                        (ii).
                            ``(v) Notice to custodial parents and 
                        guardians.--In all instances in which an alien 
                        commits an act described in clause (i), the 
                        Secretary of State shall, upon request of the 
                        person granted custody of the child concerned, 
                        inform the person of whether, and when, any 
                        individual who is inadmissible under clause 
                        (ii) by reason of such act has been issued a 
                        visa or otherwise authorized to enter the 
                        United States.
                            ``(vi) Annual report.--The Secretary of 
                        State annually shall submit to the Committee on 
                        International Relations, the Committee on 
                        Government Reform, and the Committee on the 
                        Judiciary of the United States House of 
                        Representatives, and the Committee on Foreign 
                        Relations, the Committee on Governmental 
                        Affairs, and the Committee on the Judiciary of 
                        the United States Senate, a report that 
                        provides, with respect to the preceding year, 
                        an accounting of the number of cases known to 
                        the Secretary of State, disaggregated according 
                        to the nationality of the alien concerned--
                                    ``(I) in which an authority under 
                                this subparagraph was exercised (and 
                                with respect to each such case, the 
                                specific ground for inadmissibility 
                                shall be specified); and
                                    ``(II) in which an authority under 
                                this subparagraph has not been 
                                exercised but in which an alien, after 
                                entry of an order by a court in the 
                                United States granting custody to a 
                                person of a United States citizen 
                                child, detained or retained the child, 
                                or withheld custody of the child, 
                                outside the United States from the 
                                person granted custody by that order.
                            ``(vii) Definitions.--For purposes of this 
                        subparagraph--
                                    ``(I) the term `child' means an 
                                individual who was a child at the time 
                                the individual was detained or 
                                retained, or at the time custody of the 
                                individual was withheld, as described 
                                in clause (i), regardless of the age or 
                                marital status of the individual after 
                                such time; and
                                    ``(II) the term `sibling' includes 
                                a step-sibling or half-sibling.''.
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