I 

111TH CONGRESS 

1ST SESSION H. R. 3487 

To require the Secretary of State and the Attorney General to take certain 

actions against specified foreign nationals involved in actions relating 

to international child abduction, regardless of whether a country is a 

party to the Hague Convention on the Civil Aspects of International 

Child Abduction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2009 

Mr. HOLT introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To require the Secretary of State and the Attorney General 

to take certain actions against specified foreign nationals 

involved in actions relating to international child abduction, regardless of whether a country is a party to the 

Hague Convention on the Civil Aspects of International 

Child Abduction, 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 Child Abduction Deterrence Act’’. 


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1 SEC. 2. STRENGTHENING INTERNATIONAL PARENTAL KID2 NAPPING PROVISIONS. 

3 Section 1204 of title 18, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) by inserting ‘‘, or assists in retaining 

7 such a child,’’ after ‘‘United States)’’; and 

8 (B) by striking ‘‘intent’’ and inserting ‘‘the 

9 intent’’; 

10 (2) by redesignating subsections (b) through (d) 

11 as subsections (c) through (e), respectively; and 

12 (3) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b)(1)(A) In any case in which a foreign national 

15 removes or attempts to remove a child described in sub16 paragraph (B) from the United States, retains a child de17 scribed in subparagraph (B) (who has been in the United 

18 States) outside the United States, or assists an individual 

19 in retaining a child described in subparagraph (B) (who 

20 has been in the United States) outside the United States, 

21 with the intent to obstruct the lawful exercise of parental 

22 rights under the laws of the United States or international 

23 law or conventions, then pending the final disposition of 

24 the prosecution of the case against such foreign national 

25 under this section— 


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1 ‘‘(i) the court shall order the freezing of all 

2 financial assets (including property) of that for3 eign national that are located in the United 

4 States; and 

5 ‘‘(ii) the Secretary of State shall identify 

6 any assets of that foreign national that are held 

7 in financial or other institutions in countries 

8 other than the United States and request that 

9 those countries in which such assets are located 

10 take all necessary steps to freeze such assets 

11 until such time as the Secretary of State cer12 tifies to a country holding such assets the case 

13 against the foreign national under this section 

14 has been finally disposed of. 

15 ‘‘(B) A child is described in this subparagraph if the 

16 child is a United States citizen or an alien lawfully admit17 ted for permanent residence in the United States. 

18 ‘‘(2) The court may allow the release of assets frozen 

19 under paragraph (1)(A)(i), on a case by case basis, for 

20 such emergency circumstances as the court considers nec21 essary. 

22 ‘‘(3) All agencies of the United States Government 

23 shall provide to the Attorney General and the Secretary 

24 of State such assistance that the Attorney General and 

25 the Secretary of State consider necessary to ensure that 


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1 all information on the assets described in paragraph 

2 (1)(A) (i) and (ii) is made available to the Secretary of 

3 State and the Attorney General on an expedited basis.’’. 

4 SEC. 3. VISA INELIGIBILITY FOR INTERNATIONAL CHILD 

5 ABDUCTION. 

6 Section 212(a)(10)(C)(iii) of the Immigration and 

7 Nationality Act (8 U.S.C. 1182(a)(10)(C)(iii)) is amend8 ed— 

9 (1) in subclause (I), by adding ‘‘or’’ after the 

10 semicolon; 

11 (2) by striking ‘‘; or’’ at the end of subclause 

12 (II) and inserting a period; and 

13 (3) by striking subclause (III). 

14 SEC. 4. REPORT ON ENFORCEMENT OF SECTION 1204 OF 

15 TITLE 18, UNITED STATES CODE. 

16 The Attorney General, in consultation with the Sec17 retary of State, shall prepare and submit to the Congress 

18 an annual report that contains a description of the status 

19 of each case involving a request during the preceding year 

20 for extradition to the United States of an individual al21 leged to have violated section 1204 of title 18, United 

22 States Code. 

23 SEC. 5. AUTHORIZATION OF FUNDS FOR EXTRADITION. 

24 There are authorized to be appropriated for each fis25 cal year such funds as may be necessary for the costs of 


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1 extraditing individuals from foreign countries to the 

2 United States for violations of laws in the United States 

3 by reason of unlawfully removing a child from the child’s 

4 custodial parent. 

Æ 


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