[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3159 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3159

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 SENATE OF THE UNITED STATES

                           November 14, 2002

 Mrs. Lincoln introduced the following bill; which was read twice and 
               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 the matter preceding subclause (I), by striking 
        ``Any alien who--'' and inserting ``Except as provided in 
        clause (iii), an alien is inadmissible until a child described 
        in clause (i) 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, if the Secretary of State, at 
        the Secretary's sole and unreviewable discretion, determines 
        that the alien--'';
            (2) in subclause (I)--
                    (A) by striking ``is known by the Secretary of 
                State to have''; and
                    (B) by striking the comma at the end and inserting 
                a semicolon;
            (3) in subclause (II)--
                    (A) by striking ``known by the Secretary of State 
                to be''; and
                    (B) by striking ``, or'' at the end and inserting a 
                semicolon;
            (4) 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; or''; and
            (5) by adding at the end the following:
                                    ``(IV) is a spouse of the abducted 
                                child described in clause (i).''.
    (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 House of Representatives, and 
                        the Committee on Foreign Relations, the 
                        Committee on Governmental Affairs, and the 
                        Committee on the Judiciary of the 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, 
                                specifying which classes of individuals 
                                have been found inadmissible; 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.''.
    (c) Clerical Amendments.--Section 212(a)(10)(C)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)(i)) is 
amended--
            (1) by striking ``clause (ii)'' and inserting ``clause 
        (iii)''; and
            (2) by striking ``child who'' and inserting ``child,''.
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