[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3487 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3487

  To require the Secretary of State and the Attorney General to take 
certain actions against specified foreign nationals involved in actions 
  relating to international child abduction, regardless of whether a 
  country is a party to the Hague Convention on the Civil Aspects of 
         International Child Abduction, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2009

   Mr. Holt introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of State and the Attorney General to take 
certain actions against specified foreign nationals involved in actions 
  relating to international child abduction, regardless of whether a 
  country is a party to the Hague Convention on the Civil Aspects of 
         International Child Abduction, 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 Parental Child 
Abduction Deterrence Act''.

SEC. 2. STRENGTHENING INTERNATIONAL PARENTAL KIDNAPPING PROVISIONS.

    Section 1204 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``, or assists in retaining such a 
                child,'' after ``United States)''; and
                    (B) by striking ``intent'' and inserting ``the 
                intent'';
            (2) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b)(1)(A) In any case in which a foreign national removes or 
attempts to remove a child described in subparagraph (B) from the 
United States, retains a child described in subparagraph (B) (who has 
been in the United States) outside the United States, or assists an 
individual in retaining a child described in subparagraph (B) (who has 
been in the United States) outside the United States, with the intent 
to obstruct the lawful exercise of parental rights under the laws of 
the United States or international law or conventions, then pending the 
final disposition of the prosecution of the case against such foreign 
national under this section--
                    ``(i) the court shall order the freezing of all 
                financial assets (including property) of that foreign 
                national that are located in the United States; and
                    ``(ii) the Secretary of State shall identify any 
                assets of that foreign national that are held in 
                financial or other institutions in countries other than 
                the United States and request that those countries in 
                which such assets are located take all necessary steps 
                to freeze such assets until such time as the Secretary 
                of State certifies to a country holding such assets the 
                case against the foreign national under this section 
                has been finally disposed of.
    ``(B) A child is described in this subparagraph if the child is a 
United States citizen or an alien lawfully admitted for permanent 
residence in the United States.
    ``(2) The court may allow the release of assets frozen under 
paragraph (1)(A)(i), on a case by case basis, for such emergency 
circumstances as the court considers necessary.
    ``(3) All agencies of the United States Government shall provide to 
the Attorney General and the Secretary of State such assistance that 
the Attorney General and the Secretary of State consider necessary to 
ensure that all information on the assets described in paragraph (1)(A) 
(i) and (ii) is made available to the Secretary of State and the 
Attorney General on an expedited basis.''.

SEC. 3. VISA INELIGIBILITY FOR INTERNATIONAL CHILD ABDUCTION.

    Section 212(a)(10)(C)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(10)(C)(iii)) is amended--
            (1) in subclause (I), by adding ``or'' after the semicolon;
            (2) by striking ``; or'' at the end of subclause (II) and 
        inserting a period; and
            (3) by striking subclause (III).

SEC. 4. 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. 5. AUTHORIZATION OF FUNDS FOR EXTRADITION.

    There are authorized to be appropriated for each fiscal year such 
funds as may be necessary for the costs of extraditing individuals from 
foreign countries to the United States for violations of laws in the 
United States by reason of unlawfully removing a child from the child's 
custodial parent.
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