[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2202 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2202

 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 SENATE OF THE UNITED STATES

                             March 11, 2004

Mrs. Feinstein (for herself, Mr. Feingold, and Mrs. Lincoln) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 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 1 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 Federal and State 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:
    ``(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) and (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:
    ``(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''.
                                 <all>