Prevention of Child Abduction Partnership Act

Mr. Speaker, I rise today in support of S. 2883, the Prevention of Child Abduction Partnership Act.

The Hague Convention on the Civil Aspects of International Child Abduction is the diplomatic tool which creates a civil cause of action for the return of an abducted child to his or her habitual residence. Under this international treaty, the U.S. Department of State is the central authority responsible for discharging the duties as outlined by the Convention. For the past 9 years, pursuant to a cooperative agreement between the National Center for Missing and Exploited Children, NCMEC, and the Departments of State and Justice, NCMEC has played a vital role by assisting the Department of State in performing certain obligations under the Convention, thereby helping the United States fulfill its international treaty obligations under the Convention.

In sum, NCMEC helps parents seeking the return of or access to a child in the United States to process an application under the Convention and to pursue remedies as provided by statute. Secretary of State Colin Powell has written to NCMEC that

its expertise and national networks make NCMEC uniquely

effective in helping us give force to the Hague Abduction

Convention in the United States. NCMEC's credibility and the

success of our work together also give us a decided advantage

when we press other governments for changes of practice,

policy, legislation, and resource allocation to deter

international parental child abduction and send abducted

children home to the United States.

In May, I introduced H.R. 4347, the International Assistance for Missing and Exploited Children Act of 2004. Among many other important issues, this legislation provides a mechanism for granting NCMEC employees, who are working on Hague Convention cases under the direction of the State Department, the same limited immunity enjoyed by those employed by the Department of State. This legislation is currently being negotiated with the administration and other congressional committees, and I intend to reintroduce it again in the 109th session of Congress. As a product of this negotiation, an agreement has been reached on language which would provide NCMEC with the limited immunity necessary to be able to continue performing its

obligations under the Hague Convention, which is the substance in S. 2883.

This measure has the support of the relevant House and Senate Committees and the Departments of State and Justice. If this measure is not enacted into law, NCMEC may not be able to continue its operations on behalf of the Federal Government since its resources would be lost in the defense of frivolous lawsuits. Left-behind parents would suffer the prolonged loss of their children, and our Nation potentially would lose its advantage in pressing other nations to return abducted children.

I wish to extend my personal gratitude to the National Center for Missing and Exploited Children for its critical work on reuniting families, to Chairman Jim Sensenbrenner of the House Judiciary Committee, and to Senators Hatch and Leahy of the Senate Judiciary Committee and to Senators Lugar and Biden of the Senate Foreign Relations Committee, for working tirelessly to implement this measure.

Mr. President, I rise today to commend my colleagues for passing by unanimous consent two bills which I sponsored--a bill to extend the pilot program for national criminal history background checks for volunteers who work with children, and the Prevention of Child Abduction Partnership Act.

The first bill extends the pilot program created by the PROTECT Act. The pilot program allows the National Center for Missing and Exploited Children, NCMEC, in coorperation with the FBI, to provide a background check process for volunteers working for organizations, such as the Boys and Girls Clubs of America, National Mentoring Partnership, and the National Council of Youth Sports. The National Center for Missing and Exploited Children provides its expertise to assist volunteer organizations in evaluating the criminal records of volunteers to determine if the volunteers are fit to interact and provide care for children.

So far, the NCMEC has processed over 2,500 checks. Through these checks the Center has been able to prevent criminals, including child molesters, from applying and securing volunteer positions with youth organizations. Of those applicants whose files showed an offense, over 50 percent of the applicants lied and indicated they did not have a criminal record. Some of the startling examples of people who were found unfit to work with children included: (1) one convicted of manslaughter, (2) one found guilty on charges of Aggravated Criminal Sexual Assault as well as domestic battery, (3) one convicted of three charges of endangering the welfare of a child, (4) one convicted of lewdness and was charged for kidnapping, (5) one charged with sexual contact with a child under the age of 16, (6) one charged with 31 counts, including multiple rapes and assaults, indecent liberties, eluding, and prostitution, (7) one charged with aggravated battery of a pregnant woman, and (8) one charged with oral copulation by force, rape by force, and oral copulation by force, in one instance the victim under 14 and in another, 10 years younger. My bill would allow this invaluable program to continue to prevent convicted criminals such as these from working with children.

The Prevention of Child Abduction Partnership Act grants private entities, including the National Center for Missing and Exploited Children, immunity from tort liability when they are assisting the U.S. State Department in carrying out its functions under the International Child Abduction Remedies Act.

Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate bill (S. 2883) to amend the International Child Abduction Remedies Act to limit the tort liability of private entities or organizations that carry out responsibilities of the United States Central Authority under that Act, and ask for its immediate consideration in the House.

I ask unanimous consent the Senate proceed to the immediate consideration of S. 2882 and S. 2883, en bloc.

I ask unanimous consent the bills be read a third time and passed, the motions to reconsider be laid upon the table and any statements regarding this matter be printed in the Record.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on S. 2883.