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 Penn-
sylvania, 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. GEJDEN-
SON, 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 BER-
NICE 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 subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bring Our Children
Home Act’’.
SEC. 2. JURISDICTION OVER COMPETING STATE CUSTODY
ORDERS.
Section 1738A of title 28, United States Code, is
amended by adding at the end the following:
‘‘(i) If a court of one State makes a child custody
determination in accordance with subsection (c) and if
that determination is in conflict with a determination
made by another State in accordance with subsection (c),
a contestant for whom such a determination was made
may bring an action in the district court of the United
States the district of which includes the resident of such
contestant to determine, on the basis of the best interests
of the child involved, which determination shall prevail.
SEC. 3. NATIONAL REGISTRY OF CUSTODY ORDERS.
The Attorney General shall establish a registry for
all custody orders entered by State courts. In establishing
the registry, the Attorney General shall inform the attor-
ney general of each State of the registry and shall provide
such assistance as may be necessary for the cooperation
of the courts of each State in providing custody orders
for the registry.
SEC. 4. DETENTION OF CHILDREN LISTED AS MISSING.
Law enforcement officers of any State or local gov-
ernment may hold, for not more than 24 hours, any child
listed as missing by the National Crime Information Cen-
ter for the proper disposition of the child in accordance
with the latest valid custody determination applicable to
the child.
SEC. 5. REPORTS RELATING TO INTERNATIONAL CHILD AB-
DUCTION.
(a) REPORT ON PROGRESS IN NEGOTIATING BILAT-
ERAL TREATIES WITH NON-HAGUE CONVENTION COUN-
TRIES.—The Secretary of State shall prepare and submit
to the Congress an annual report on progress made by
the United States in negotiating and entering into bilat-
eral treaties (or other international agreements) relating
to international child abduction with countries that are not
contracting parties to the Hague Convention on the Civil
Aspects of International Child Abduction.
(b) REPORT ON HUMAN RIGHTS PRACTICES.—(1)
Section 116(d) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n(d) is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the
end and inserting a semicolon;
(2) in paragraph (8), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) the status of efforts in each country to
prohibit international child abduction, including—
‘‘(A) efforts to expedite the return of chil-
dren to the country of their habitual residence;
and
‘‘(B) the extent to which the country re-
spects the rights of custody and of access under
the laws of other countries.’’.
(2) Section 502B(b) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2304(b)) is amended by inserting after
the sixth sentence the following: ‘‘Each report under this
section shall include information on the status of efforts
in each country to prohibit international child abduction,
including efforts to expedite the return of children to the
country of their habitual residence and the extent to which
the country respects the rights of custody and of access
under the laws of other countries.’’.
(c) REPORT ON ENFORCEMENT OF SECTION 1204 OF
TITLE 18, UNITED STATES CODE.—The Attorney Gen-
eral, in consultation with the Secretary of State, shall pre-
pare and submit to the Congress an annual report that
contains a description of the status of each case involving
a request during the preceding year for extradition to the
United States of an individual alleged to have violated sec-
tion 1204 of title 18, United States Code.
Æ