II

103D CONGRESS

1ST SESSION H. R. 3378

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Received

AN ACT

To amend title 18, United States Code, with respect to

parental kidnapping, 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 ‘‘International Parental

5 Kidnapping Crime Act of 1993’’.
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1 SEC. 2. TITLE 18 AMENDMENT.

2 (a) IN GENERAL.—Chapter 55 (relating to kidnap3 ping) of title 18, United States Code, is amended by add4 ing at the end the following:

5 ‘‘§ 1204. International parental kidnapping

6 ‘‘(a) Whoever removes a child from the United States

7 or retains a child (who has been in the United States)

8 outside the United States with intent to obstruct the law9 ful exercise of parental rights shall be fined under this

10 title or imprisoned not more than 3 years, or both.

11 ‘‘(b) As used in this section—

12 ‘‘(1) the term ‘child’ means a person who has

13 not attained the age of 16 years; and

14 ‘‘(2) the term ‘parental rights’, with respect to

15 a child, means the right to physical custody of the

16 child—

17 ‘‘(A) whether joint or sole (and includes

18 visiting rights); and

19 ‘‘(B) whether arising by operation of law,

20 court order, or legally binding agreement of the

21 parties.

22 ‘‘(c) It shall be an affirmative defense under this sec23 tion that—

24 ‘‘(1) the defendant acted within the provisions

25 of a valid court order granting the defendant legal

26 custody or visitation rights and that order was ob-
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1 tained pursuant to the Uniform Child Custody Ju2 risdiction Act and was in effect at the time of the

3 offense;

4 ‘‘(2) the defendant was fleeing an incidence or

5 pattern of domestic violence;

6 ‘‘(3) the defendant had physical custody of the

7 child pursuant to a court order granting legal cus8 tody or visitation rights and failed to return the

9 child as a result of circumstances beyond the defend10 ant’s control, and the defendant notified or made

11 reasonable attempts to notify the other parent or

12 lawful custodian of the child of such circumstances

13 within 24 hours after the visitation period had ex14 pired and returned the child as soon as possible.

15 ‘‘(d) This section does not detract from The Hague

16 Convention on the Civil Aspects of International Parental

17 Child Abduction, done at The Hague on October 25,

18 1980.’’.

19 (b) SENSE OF THE CONGRESS.—It is the sense of

20 the Congress that, inasmuch as use of the procedures

21 under the Hague Convention on the Civil Aspects of Inter22 national Parental Child Abduction has resulted in the re23 turn of many children, those procedures, in circumstances

24 in which they are applicable, should be the option of first
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1 choice for a parent who seeks the return of a child who

2 has been removed from the parent.

3 (c) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 55 of title 18, United States

5 Code, is amended by adding at the end the following:

‘‘1204. International parental kidnapping.’’.

6 SEC. 3. STATE COURT PROGRAMS REGARDING INTER7 STATE AND INTERNATIONAL PARENTAL

8 CHILD ABDUCTION.

9 There is authorized to be appropriated $250,000 to

10 carry out under the State Justice Institute Act of 1984

11 (42 U.S.C. 10701–10713) national, regional, and in-State

12 training and educational programs dealing with criminal

13 and civil aspects of interstate and international parental

14 child abduction.

Passed the House of Representatives November 20,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.