`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Enrolled Bill (ENR)]

        H.R.3378
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  To amend title 18, United States Code, with respect to parental 
kidnapping, 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 Kidnapping 
Crime Act of 1993''.

SEC. 2. TITLE 18 AMENDMENT.

    (a) In General.--Chapter 55 (relating to kidnapping) of title 18, 
United States Code, is amended by adding at the end the following:

``§1204. International parental kidnapping

    ``(a) Whoever removes a child from the United States or retains a 
child (who has been in the United States) outside the United States with 
intent to obstruct the lawful exercise of parental rights shall be fined 
under this title or imprisoned not more than 3 years, or both.
    ``(b) As used in this section--
        ``(1) the term `child' means a person who has not attained the 
    age of 16 years; and
        ``(2) the term `parental rights', with respect to a child, means 
    the right to physical custody of the child--
            ``(A) whether joint or sole (and includes visiting rights); 
        and
            ``(B) whether arising by operation of law, court order, or 
        legally binding agreement of the parties.
    ``(c) It shall be an affirmative defense under this section that--
        ``(1) the defendant acted within the provisions of a valid court 
    order granting the defendant legal custody or visitation rights and 
    that order was obtained pursuant to the Uniform Child Custody 
    Jurisdiction Act and was in effect at the time of the offense;
        ``(2) the defendant was fleeing an incidence or pattern of 
    domestic violence;
        ``(3) the defendant had physical custody of the child pursuant 
    to a court order granting legal custody or visitation rights and 
    failed to return the child as a result of circumstances beyond the 
    defendant's control, and the defendant notified or made reasonable 
    attempts to notify the other parent or lawful custodian of the child 
    of such circumstances within 24 hours after the visitation period 
    had expired and returned the child as soon as possible.
    ``(d) This section does not detract from The Hague Convention on the 
Civil Aspects of International Parental Child Abduction, done at The 
Hague on October 25, 1980.''.
    (b) Sense of the Congress.--It is the sense of the Congress that, 
inasmuch as use of the procedures under the Hague Convention on the 
Civil Aspects of International Parental Child Abduction has resulted in 
the return of many children, those procedures, in circumstances in which 
they are applicable, should be the option of first choice for a parent 
who seeks the return of a child who has been removed from the parent.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of title 18, United States Code, is amended by adding at the 
end the following:
``1204. International parental kidnapping.''.
SEC. 3. STATE COURT PROGRAMS REGARDING INTERSTATE AND INTERNATIONAL 
PARENTAL CHILD ABDUCTION.
    There is authorized to be appropriated $250,000 to carry out under 
the State Justice Institute Act of 1984 (42 U.S.C. 10701-10713) 
national, regional, and in-State training and educational programs 
dealing with criminal and civil aspects of interstate and international 
parental child abduction.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.`