HR 6095 IHCommentsClose CommentsPermalink

To implement certain measures to increase the effectiveness of international child abduction remedies, and for other purposes.CommentsClose CommentsPermalink

May 20, 2008

Mr. LAMPSON (for himself, Mr. CHABOT, Mr. AL GREEN of Texas, Mr. GENE GREEN of Texas, Mr. KAGEN, Mr. SHIMKUS, Mr. UDALL of Colorado, and Mr. POE) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To implement certain measures to increase the effectiveness of international child abduction remedies, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `International and Parental Child Abduction Remedies Assistance Act'.CommentsClose CommentsPermalink

SEC. 2. INVESTIGATIVE ASSISTANCE TO LAW ENFORCEMENT AGENCIES TO LOCATE ALIEN CHILDREN MISSING IN THE UNITED STATES.

The Attorney General shall make available to State and local law enforcement agencies, information describing the methods and procedures available to them to institute or assist an investigative search for an alien child who is believed to be in the United States and who is the subject of--CommentsClose CommentsPermalink





(1) an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction, orCommentsClose CommentsPermalink





(2) an Interpol yellow notice.CommentsClose CommentsPermalink

SEC. 3. STATE REQUIREMENTS.

Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2) by striking `and' at the end, andCommentsClose CommentsPermalink





(2) in paragraph (3)--CommentsClose CommentsPermalink





(A) in subparagraph (B) by striking `and' at the end,CommentsClose CommentsPermalink





(B) in subparagraph (C) by striking the period at the end and inserting `; and', andCommentsClose CommentsPermalink





(C) by inserting after subparagraph (C) the following:CommentsClose CommentsPermalink





`(D) a statement specifying whether the child is believed to have been taken outside of the United States;'.CommentsClose CommentsPermalink

SEC. 4. AMENDMENTS TO INTERNATIONAL CHILD ABDUCTION REMEDIES ACT.

(a) Legal Assistance, Technical Assistance, and Training- Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606) is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





`(g) Legal Assistance for Victims of Parental Kidnapping Grants-CommentsClose CommentsPermalink





`(1) FUNDING TO LEGAL SERVICES PROVIDERS- The United States 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.CommentsClose CommentsPermalink





`(2) TRAINING AND TECHNICAL ASSISTANCE- The United States 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).CommentsClose CommentsPermalink





`(h) 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 United States 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.CommentsClose CommentsPermalink





`(i) 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.'.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) whether or not such individuals are resident in the United States.CommentsClose CommentsPermalink





(c) Court Costs- Section 8(b) of the International Child Abduction Remedies Act (42 U.S.C. 11607(b)) is amended to read as follows:CommentsClose CommentsPermalink





`(b) Costs Incurred in Civil Actions-CommentsClose CommentsPermalink





`(1) PAYMENT OF COURT COSTS BY CENTRAL AUTHORITY- The Central Authority shall establish a program under which it provides, directly to the court or to petitioners and respondents, the funds necessary to pay the court costs of petitioners and respondents in actions brought under section 4, including court fees and the cost of translation services, expert witness testimony, and transcription services.CommentsClose CommentsPermalink





`(2) COSTS OF LEGAL COUNSEL AND TRAVEL- Petitioners may be required to bear the costs of legal counsel or advisors and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (3) and (4).CommentsClose CommentsPermalink





`(3) PAYMENTS FROM OTHER SOURCES- Subject to paragraph (4), legal fees incurred in connection with an action brought under section 4 shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs.CommentsClose CommentsPermalink





`(4) COSTS BORNE BY PETITIONER- Any court ordering the return of a child pursuant to an action brought under section 4 shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner (other than court costs for which the Central Authority pays under paragraph (1)), including legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.'.CommentsClose CommentsPermalink





(d) Federal Judicial Center- Section 620 of title 28, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(c) Continuing Education and Training Programs- The Center shall include in its continuing education and training programs under subsection (b)(3), 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 of 1993, 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.'.CommentsClose CommentsPermalink

SEC. 5. ADDITIONAL FUNDS FOR THE INVESTIGATION AND PROSECUTION OF PARENTAL KIDNAPPING.

In addition to funds otherwise authorized to be appropriated for the activities described in this section, there are authorized to be appropriated to the Child Exploitation and Obscenity Section of the Department of Justice for each of the fiscal years 2009 through 2012 such sums as may be necessary for the investigation and prosecution of violations of section 1204 of title 18, United States Code.CommentsClose CommentsPermalink

SEC. 6. GRANTS FOR TRAVEL COSTS ASSOCIATED WITH THE SAFE RETURN OF ABDUCTED CHILDREN.

(a) Program Authorized- The Director of the Office of Victims of Crime of the Department of Justice shall, subject to the availability of appropriations, establish a Victim Travel in International Reunification Cases program to award grants to the National Center for Missing & Exploited Children to reimburse parents, guardians, law enforcement, and other individuals, as appropriate, for travel costs related to the safe return of children from the United States who have been abducted and taken to foreign countries.CommentsClose CommentsPermalink





(b) Use of Grant Funds- Travel costs under subsection (a) that are reimbursed using funds under this section may include airfare and daily subsistence costs, including lodging, meals, and ground transportation.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $250,000 for each of the fiscal years 2009 through 2012.CommentsClose CommentsPermalink