I

106TH CONGRESS

2D SESSION H. R. 5456

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 HOUSE OF REPRESENTATIVES

OCTOBER 12, 2000

Mr. LAMPSON (for himself, Mr. OSE, Mr. SHIMKUS, Mrs. MALONEY of New

York, Mr. BARRETT of Wisconsin, Mr. PASCRELL, Mr. BRADY of Pennsylvania, Mr. BENTSEN, Mr. STRICKLAND, Mr. HINCHEY, Ms.

MILLENDER-MCDONALD, Ms. WOOLSEY, Mr. REYES, Ms. DELAURO, Mr.

BORSKI, Mr. HOLDEN, Ms. JACKSON-LEE of Texas, Mr. MASCARA, Ms.

HOOLEY of Oregon, Mr. WU, Mr. PHELPS, Mr. FOLEY, Mr. POMEROY,

Mr. SANDLIN, Mr. ACKERMAN, Mr. LUTHER, Mr. BROWN of Ohio, Mr.

CRAMER, Mr. FATTAH, Mr. GEORGE MILLER of California, Ms. LEE, Mr.

ROTHMAN, Mr. LARSON, Mr. FROST, Mr. GREEN of Texas, Mr. GEJDENSON, Mr. RODRIGUEZ, Mr. CROWLEY, Mr. SPRATT, Ms. BERKLEY, Mr.

ENGEL, Mrs. CLAYTON, Mr. CONYERS, Mr. THOMPSON of California, Mr.

GILMAN, Ms. GRANGER, Mr. ORTIZ, Mr. HINOJOSA, Ms. SANCHEZ, Mrs.

MCCARTHY of New York, Ms. BALDWIN, Mr. CHABOT, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. RUSH, Mr. HOEFFEL, Mr. KILDEE, Mrs.

LOWEY, Mr. HASTINGS of Florida, Mr. WEXLER, Mr. TIERNEY, Mr.

KIND, Mr. BALDACCI, Mr. WYNN, Mr. DOOLEY of California, Mr. EVANS,

Ms. VELA ́

ZQUEZ, Mr. BOSWELL, Mr. BERRY, Mrs. NAPOLITANO, Mr.

COSTELLO, Ms. DUNN, Mr. SAWYER, Mr. FORD, Ms. MCKINNEY, Mr.

WAXMAN, Mr. PITTS, Mr. MENENDEZ, Mr. CASTLE, Mr. CLEMENT, Mrs.

THURMAN, Mr. SHERMAN, Mr. WEINER, Mr. PALLONE, Mrs. MORELLA,

Mr. MCINNIS, Mr. UDALL of Colorado, Ms. SCHAKOWSKY, Ms. PELOSI,

Mr. TRAFICANT, Mr. PEASE, Mr. SCOTT, Mrs. FOWLER, Mrs. MEEK of

Florida, Mr. GUTKNECHT, Mr. DICKEY, Mr. BLUNT, Mr. UPTON, Mr.

MCCRERY, Mr. BONIOR, Mr. BERMAN, Mrs. EMERSON, Mr. WELDON of

Florida, Mr. MCINTYRE, and Mr. DOGGETT) introduced the following bill;

which was referred to the Committee on the Judiciary, and in addition

to the Committee on International Relations, 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
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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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Bring Our Children

5 Home Act’’.

6 SEC. 2. JURISDICTION OVER COMPETING STATE CUSTODY

7 ORDERS.

8 Section 1738A of title 28, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(i) If a court of one State makes a child custody

11 determination in accordance with subsection (c) and if

12 that determination is in conflict with a determination

13 made by another State in accordance with subsection (c),

14 a contestant for whom such a determination was made

15 may bring an action in the district court of the United

16 States the district of which includes the resident of such

17 contestant to determine, on the basis of the best interests

18 of the child involved, which determination shall prevail.

19 SEC. 3. NATIONAL REGISTRY OF CUSTODY ORDERS.

20 The Attorney General shall establish a registry for

21 all custody orders entered by State courts. In establishing
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1 the registry, the Attorney General shall inform the attor2 ney general of each State of the registry and shall provide

3 such assistance as may be necessary for the cooperation

4 of the courts of each State in providing custody orders

5 for the registry.

6 SEC. 4. DETENTION OF CHILDREN LISTED AS MISSING.

7 Law enforcement officers of any State or local gov8 ernment may hold, for not more than 24 hours, any child

9 listed as missing by the National Crime Information Cen10 ter for the proper disposition of the child in accordance

11 with the latest valid custody determination applicable to

12 the child.

13 SEC. 5. REPORTS RELATING TO INTERNATIONAL CHILD AB14 DUCTION.

15 (a) REPORT ON PROGRESS IN NEGOTIATING BILAT16 ERAL TREATIES WITH NON-HAGUE CONVENTION COUN17 TRIES.—The Secretary of State shall prepare and submit

18 to the Congress an annual report on progress made by

19 the United States in negotiating and entering into bilat20 eral treaties (or other international agreements) relating

21 to international child abduction with countries that are not

22 contracting parties to the Hague Convention on the Civil

23 Aspects of International Child Abduction.
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1 (b) REPORT ON HUMAN RIGHTS PRACTICES.—(1)

2 Section 116(d) of the Foreign Assistance Act of 1961 (22

3 U.S.C. 2151n(d) is amended—

4 (1) in paragraph (7), by striking ‘‘and’’ at the

5 end and inserting a semicolon;

6 (2) in paragraph (8), by striking the period at

7 the end and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(9) the status of efforts in each country to

10 prohibit international child abduction, including—

11 ‘‘(A) efforts to expedite the return of chil12 dren to the country of their habitual residence;

13 and

14 ‘‘(B) the extent to which the country re15 spects the rights of custody and of access under

16 the laws of other countries.’’.

17 (2) Section 502B(b) of the Foreign Assistance Act

18 of 1961 (22 U.S.C. 2304(b)) is amended by inserting after

19 the sixth sentence the following: ‘‘Each report under this

20 section shall include information on the status of efforts

21 in each country to prohibit international child abduction,

22 including efforts to expedite the return of children to the

23 country of their habitual residence and the extent to which

24 the country respects the rights of custody and of access

25 under the laws of other countries.’’.
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1 (c) REPORT ON ENFORCEMENT OF SECTION 1204 OF

2 TITLE 18, UNITED STATES CODE.—The Attorney Gen3 eral, in consultation with the Secretary of State, shall pre4 pare and submit to the Congress an annual report that

5 contains a description of the status of each case involving

6 a request during the preceding year for extradition to the

7 United States of an individual alleged to have violated sec8 tion 1204 of title 18, United States Code.

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