[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4347 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4347

To amend the International Child Abduction Remedies Act to provide that 
    the National Center for Missing and Exploited Children and its 
employees, when carrying out activities delegated by the United States 
   Central Authority under that Act, have the protections under the 
Federal Tort Claims Act, 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

                              May 12, 2004

    Mr. Hyde (for himself, Mr. Lampson, Mr. Lantos, Mr. Chabot, Mr. 
 Greenwood, Mr. Houghton, Mr. McHugh, Mr. Wolf, Mr. Burton of Indiana, 
Ms. Harris, Mr. Foley, Mr. King of New York, Ms. Jackson-Lee of Texas, 
Mr. Green of Texas, Mr. Boehlert, Mr. Shimkus, Mr. Berman, Mr. Smith of 
New Jersey, Mr. Turner of Texas, Mr. Frost, Mr. Moran of Virginia, and 
 Mr. Cardoza) 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 the International Child Abduction Remedies Act to provide that 
    the National Center for Missing and Exploited Children and its 
employees, when carrying out activities delegated by the United States 
   Central Authority under that Act, have the protections under the 
Federal Tort Claims Act, 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 ``International Assistance to Missing 
and Exploited Children Act of 2004''.

SEC. 2. APPLICABILITY OF FEDERAL TORT CLAIMS PROVISIONS TO NATIONAL 
              CENTER FOR MISSING AND EXPLOITED CHILDREN AND ITS 
              EMPLOYEES.

    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) Limited Liability of Entities Regarding Delegated 
Authority.--For purposes of section 1346(b)(1) and chapter 171 of title 
28, United States Code, the National Center for Missing and Exploited 
Children, when carrying out responsibilities of the United States 
Central Authority under this Act, pursuant to a delegation of authority 
by the Central Authority, and any other entity to whom such 
responsibilities are delegated by the Central Authority, when carrying 
out such responsibilities, shall be deemed to be part of the Department 
of State, and any employee of the Center or such entity, while acting 
within the scope of his or her employment in carrying out such 
delegated responsibilities, shall be deemed to be an employee of the 
Government.''.

SEC. 3. 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 which 
determination shall prevail.''.

SEC. 4. 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 orders made 
        by courts throughout the United States;
            (2) information identifying pending proceedings in courts 
        throughout the United States for orders described in paragraph 
        (1), and for modification or enforcement of those 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 the Federal courts and the courts of 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 to carry out subsection (a).
    (c) Disclosure of Information in Registry.--
            (1) Disclosure.--Upon request filed in accordance with 
        paragraph (3), by a court, law enforcement official, or a 
        contestant of child custody or his or her legal representative, 
        the Attorney General shall provide information in the Registry 
        to that court, official, contestant, or representative.
            (2) Nondisclosure.--Information in the Registry shall not 
        be disclosed to any person if the Attorney General has 
        reasonable cause to believe, based upon notice by a State or 
        otherwise, that the disclosure of the information could be 
        harmful to the custodial parent of a child or that child, 
        except that such information may be disclosed to a court or an 
        agent of a court, if--
                    (A) upon receipt of information from the Secretary, 
                the court determines whether disclosure to any other 
                person of that information could be harmful to the 
                parent or the child; and
                    (B) if the court determines that disclosure of such 
                information to any other person could be harmful, the 
                court and its agents shall not make any such 
                disclosure.
            (3) Form and manner of request for information.--A request 
        for information under this subsection shall be filed in such 
        manner and form as the Attorney General shall by regulation 
        prescribe and shall be accompanied or supported by such 
        documents as the Attorney General may determine to be 
        necessary.

SEC. 5. DETENTION OF CHILDREN IN CERTAIN CIRCUMSTANCES.

    (a) Detention of Children.--Law enforcement officials of any State 
or local government or the Federal Government may detain--
            (1) any child listed under any category of the Missing 
        Person File by the National Crime Information Center, and
            (2) any child accompanying an adult who is arrested for 
        suspected abduction of the child in violation of a child 
        custody order,
for purposes of allowing the lawful determination of the proper 
disposition of the child in accordance with the most recent valid 
custody determination applicable to the child.
    (b) Interim Custody.--Upon detaining a child under subsection (a), 
the law enforcement officials involved shall ensure that the child is 
surrendered, at the earliest practicable time, to the appropriate State 
child protective services agency or child welfare agency.

SEC. 6. INTERNATIONAL CHILD ABDUCTION REMEDIES.

    (a) Legal Assistance for Victims of Parental Kidnapping; Training 
and Technical Assistance.--Section 7 of the International Child 
Abduction Remedies Act (42 U.S.C. 11606), as amended by section 2 of 
this Act, is further amended by adding at the end the following new 
subsections:
    ``(g) Grants for Legal Assistance for Victims of Parental 
Kidnapping; Training and Technical Assistance.--
            ``(1) Funding for legal assistance; training and technical 
        assistance.--The United States Central Authority shall 
        establish a program--
                    ``(A) 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; and
                    ``(B) to provide training and technical assistance 
                to legal services providers, State court judges, and 
                law students on the civil and criminal laws pertaining 
                to interstate and international parental kidnapping, in 
                order to improve the capacity to provide legal 
                assistance described in paragraph (1) and adjudicate 
                cases involving remedies described in such paragraph.
            ``(2) Provision of training.--The United States Central 
        Authority may carry out subparagraph (B) of paragraph (1) 
        directly or through grants to appropriate nonprofit 
        organizations, State judicial educators, national, State, and 
        local bar associations, and law schools. The United States 
        Central Authority shall require recipients of such grants to 
        report on the training programs they present, including the 
        number of participants.
    ``(h) Consolidation of Jurisdiction of Courts.--The United States 
Central Authority shall encourage the Chief Justice of each 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.
    ``(i) Authorization of Appropriations.--In addition to any other 
funds made available to carry out this Act, there are authorized to be 
appropriated to the United States Central Authority such sums as may be 
necessary to carry out subsections (g) and (h).''.
    (b) 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''.
    (c) 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.''.

SEC. 7. 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. The Secretary of 
State shall include in the report the number of child abductions in 
countries that are not such contracting parties.
    (b) 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. 8. 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. 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 AND DEPARTMENT OF 
              STATE.

    (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 or the secretary of state.--Upon written 
        request by the National Center for Missing and Exploited 
        Children or the Secretary of State, 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 or the Department of State, 
        as the case may be, 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.--
Paragraph (2) of section 7213(a) of such Code (relating to State and 
other employees) is amended by striking ``or (7)'' and inserting ``(7), 
or (8)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to requests made after the date of the enactment of this Act.

SEC. 11. SUPPORT FOR INCREASED U.S. CONTRIBUTION TO HAGUE PERMANENT 
              BUREAU.

    (a) Findings.--The Congress finds as follows:
            (1) The problem of international child abduction is 
        complex, frustrating, and growing, with more than 16,000 
        reported cases in the past two decades according to the 
        Department of State, and many more unreported cases according 
        to the National Center for Missing and Exploited Children 
        (NCMEC).
            (2) Congress has listened to horror stories from countless 
        ``left-behind'' American parents struggling to retrieve their 
        children who have been taken abroad by an abducting parent, 
        enforce orders from the courts of other countries directing the 
        return of their children, or even simply to gain access to 
        their children who are being detained abroad.
            (3) There is an international treaty relating to the 
        prevention of international child abduction, the Convention on 
        the Civil Aspects of International Child Abduction, signed by 
        the United States and 73 additional countries.
            (4) There is wide disparity and inconsistency in the 
        application of the treaty by member countries.
            (5) If the United States is to truly address this serious 
        problem, the international body, The Hague Conference on 
        Private International Law, which administers and oversees this 
        treaty, must be strengthened and made more viable.
            (6) If the United States is to address the heart-rending 
        pain of so many left-behind parents, we need to build bridges 
        to those parts of the world that are not yet parties to the 
        current treaty, and we must make those countries that are 
        signatories to the treaty better able to deal with the 
        complexities of the challenge and ensure that more children 
        come home.
            (7) In an effort to address this problem more aggressively 
        and effectively, the International Centre for Missing and 
        Exploited Children (ICMEC), the privately funded international 
        affiliate of NCMEC, recently entered into a formal Memorandum 
        of Agreement with The Hague Conference on Private International 
        Law, which oversees a number of private international law 
        agreements, including the Convention on the Civil Aspects of 
        International Child Abduction.
            (8) Through that Memorandum of Agreement, ICMEC will seek 
        to generate private sector revenues and support in order to 
        improve the functioning of the Convention on the Civil Aspects 
        of International Child Abduction, including establishing a new 
        International Training Institute for judges and other 
        practitioners, and undertaking an outreach effort with the 
        Islamic world on these issues.
            (9) ICMEC has conferred with leaders around the world on 
        how best to strengthen the treaty and ensure its more effective 
        implementation.
            (10) ICMEC has concluded that an integral part of the 
        current problem is that The Hague budget includes two parts:
                    (A) A core budget based on a formula that supports 
                basic functions and operations.
                    (B) A supplementary budget that the Hague Permanent 
                Bureau must raise apart from its formula 
                appropriations.
            (11) The core budget is relatively small and thus most of 
        the activities necessary to address the inconsistencies and 
        problems regarding the Convention on the Civil Aspects of 
        International Child Abduction are dependent upon supplemental 
        funds.
            (12) The Permanent Bureau at The Hague must either request 
        additional funds from member countries or be dependent upon 
        nongovernmental organizations like ICMEC to generate additional 
        resources.
            (13) At the April 1, 2003, meeting at The Hague of the 
        Special Commission on General Affairs and Policy, three member 
        countries (the United Kingdom, Canada, and Australia) expressed 
        support for a fundamental shift in fiscal policy, that is by 
        reexamining the basic funding formula and increasing the core 
        budget so that the Permanent Bureau is able to undertake the 
        vital reforms necessary as part of its core operations.
            (14) Although this effort would increase the amount of the 
        United States contribution required to support the Permanent 
        Bureau at The Hague each year, it is central to addressing the 
        complex, frustrating, problem of international child abduction.
    (b) Support for Increased U.S. Support for Hague Permanent 
Bureau.--The Congress expresses its support for increasing the United 
States contribution to the Permanent Bureau at The Hague to provide 
increased resources for the prevention of international child abduction 
and other critical activities of the Bureau, including--
            (1) to address the inconsistencies and lack of uniformity 
        in the implementation of the Convention on the Civil Aspects of 
        International Child Abduction, signed at The Hague on October 
        25, 1980, including the establishment of a training institute;
            (2) to establish guides of good practice for member 
        countries in addressing the vexing problems of access and 
        enforcement of orders relating to international child 
        abduction; and
            (3) to encourage more countries, from all regions of the 
        world, to become parties to the Convention on the Civil Aspects 
        of International Child Abduction.
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