[Congressional Record Volume 150, Number 31 (Thursday, March 11, 2004)]
[Senate]
[Pages S2724-S2725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Feingold, and Mrs. Lincoln):
  S. 2202. 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; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today with Senator Feingold and 
Senator Lincoln to introduce the ``Bring Our Children Home Act,'' a 
bill to help the thousands of children who are abducted by family 
members and taken to a foreign country each year.
  Despite an increasingly high level of Congressional and public 
concern regarding international parental abduction and the wrongful 
retention of American children abroad, the situation facing American 
children and their left-behind parents in these cases has not improved 
and continues to be a serious problem.
  The Bring Our Children Home Act would help prevent both domestic and 
international family abductions. Specifically, the bill would:
  Establish a right of action in Federal court for resolution of child 
custody disputes;
  Give law enforcement the authority to detain any child who has been 
entered into the FBI's National Crime Information Center's database 
under any category of the Missing Person File for 24 hours or until a 
disposition can be made;
  Amend the Foreign Assistance Act of 1961 to require information on 
each country's efforts to prohibit international child abduction;
  Require federally-funded supervised visitation centers to provide 
services in child custody cases wherein a State court finds that there 
is a risk of abduction and orders supervised visitation as a preventive 
measure; and
  Most importantly, it would provide a national registry of custody 
orders which would allow law enforcement the confidence to intervene in 
situations and aid a custodial parent to be reunited with their child, 
or to stop an abduction in progress. The National Center for Missing 
and Exploited Children is aware of cases in which law enforcement felt 
unable to intervene because parents represented conflicting orders. 
Such conflict has lead to international abductions that could have been 
prevented.
  As of May 31, 2003, the U.S. Department of State's Office of 
Children's Issues was aware of 1060 international abduction cases, 904 
open abduction cases and 156 access cases, initiated by U.S.-based 
parents seeking a child's return or access to a child currently in a 
foreign country. The actual number of children being kept abroad is 
higher than this, as these are open cases, not numbers of children. And 
new cases are reported every week.
  As international marriages have increased in recent decades, so have 
accusations of international child abduction according to Karolina 
Walkin, a U.S. State Department spokeswoman.
  In a 2001 Contra Costa Times article, parents complained that the 
Justice Department has little interest in their international abduction 
cases and the State Department was unwilling to disrupt diplomatic 
relations over abducted children. Written policy directs consular 
officers to remain neutral, no matter the circumstances.
  A 2000 General Accounting Office report noted that the FBI has made 
limited use of the 1993 International Parental Kidnapping Crime Act. 
Despite at least 1,000 international parental abductions from the 
United States annually, the Bureau has prosecuted only 62 cases in 7 
years.
  The Bring Our Children Home Act requires the Department of Justice 
and Department of State to report to Congress on International Parental 
Kidnapping Crime Act warrants and extradition. We must make sure that 
we are utilizing the tools that we have available to recover abducted 
children.
  The 1980 Hague Convention on the Civil Aspects of International Child 
Abduction is an international agreement among 54 nations, including the 
United States, that established civil procedures to follow when 
locating, accessing, or returning abducted children.
  This legislation would provide additional support for left-behind 
parents and it would ease their ability to bring resolution to their 
case and their children home.
  For countries that are not party to the Hague Convention, it is a 
case- and country-specific matter. For example, in Saudi Arabia, a wife 
or child of a Saudi man may not leave the country without his prior 
written permission. There have been many cases in which adult female 
American citizens have been unable to leave Saudi Arabia because they 
have not been able to obtain the written permission of their male 
guardian, regardless of their constitutionally guaranteed rights as a 
U.S. citizen.
  This legislation would require that the Department of State report to 
Congress on their progress in negotiating with countries who are not 
part of the Hague Convention, such as Saudi Arabia.
  The ``Bring Our Children Home Act'' would be an important step in 
helping these families reunite. It gives law enforcement the tools they 
need to identify children illegally abducted by family members and 
return them home.
  I urge my colleagues to support this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2202

       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

[[Page S2725]]

       (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''.
                                 ______