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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Received in Senate (RDS)]

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.

    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:
``Sec. 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.

            Passed the House of Representatives November 20, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```