I 108th CONGRESS 2d Session H. R. 4347 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.

1.

Short title

This Act may be cited as the &short-title1;.

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..

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..

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.

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.

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..

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.

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.

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.

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.

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.