[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Reported in Senate (RS)]
Calendar No. 450
113th CONGRESS
2d Session
H. R. 3212
[Report No. 113-204]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12 (legislative day, December 11), 2013
Received
December 17, 2013
Read twice and referred to the Committee on Foreign Relations
June 26, 2014
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To ensure compliance with the 1980 Hague Convention on the Civil
Aspects of International Child Abduction by countries with which the
United States enjoys reciprocal obligations, to establish procedures
for the prompt return of children abducted to other countries, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Sean and
David Goldman International Child Abduction Prevention and Return Act
of 2013''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title and table of contents.
<DELETED>Sec. 2. Findings; sense of Congress; purposes.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--DEPARTMENT OF STATE ACTIONS
<DELETED>Sec. 101. Annual report.
<DELETED>Sec. 102. Standards and assistance.
<DELETED>Sec. 103. Memorandum of understanding.
<DELETED>Sec. 104. Notification of congressional representatives.
<DELETED>TITLE II--PRESIDENTIAL ACTIONS
<DELETED>Sec. 201. Presidential actions in response to unresolved
cases.
<DELETED>Sec. 202. Presidential actions in response to patterns of
noncooperation in cases of international
child abductions.
<DELETED>Sec. 203. Consultations with foreign governments.
<DELETED>Sec. 204. Report to Congress.
<DELETED>Sec. 205. Presidential actions.
<DELETED>Sec. 206. Presidential waiver.
<DELETED>Sec. 207. Publication in Federal Register.
<DELETED>Sec. 208. Termination of Presidential actions.
<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (1) Sean Goldman, a United States citizen and
resident of New Jersey, was abducted from the United States in
2004 and separated from his father, David Goldman, who spent
nearly six years battling for the return of his son from Brazil
before Sean was finally returned to Mr. Goldman's custody on
December 24, 2009.</DELETED>
<DELETED> (2) The Department of State's Office of Children's
Issues, which serves as the Central Authority of the United
States for the purposes of the 1980 Hague Convention on the
Civil Aspects of International Child Abduction, has received
thousands of requests since 2007 for assistance in the return
to the United States of children who have been abducted by a
parent or other legal guardian to another country. For a
variety of reasons reflecting the significant obstacles to the
recovery of abducted children, as well as the legal and factual
complexity involving such cases, not all cases are reported to
the Central Authority of the United States.</DELETED>
<DELETED> (3) More than one thousand outgoing international
child abductions are reported to the Central Authority of the
United States every year.</DELETED>
<DELETED> (4) Only about half of the children abducted from
the United States to countries with which the United States
enjoys reciprocal obligations under the Hague Abduction
Convention are returned to the United States.</DELETED>
<DELETED> (5) The United States and Convention countries
have expressed their desire, through the Hague Abduction
Convention, ``to protect children internationally from the
harmful effects of their wrongful removal or retention and to
establish procedures to ensure their prompt return to the State
of their habitual residence, as well as to secure protection
for rights of access.''.</DELETED>
<DELETED> (6) Compliance by the United States and Convention
countries depends on the actions of their designated central
authorities, the performance of their judiciaries as reflected
in the legal process and decisions rendered to enforce or
effectuate the Hague Abduction Convention, and the ability and
willingness of their law enforcement to insure the swift
enforcement of orders rendered pursuant to the Hague Abduction
Convention.</DELETED>
<DELETED> (7) According to data compiled by the Central
Authority of the United States, approximately 40 percent of
abduction cases and access cases involve children taken from
the United States to countries with which the United States
does not have Hague Abduction Convention obligations or other
agreements relating to the resolution of abduction cases and
access cases.</DELETED>
<DELETED> (8) According to the Department of State's April
2010 Report on Compliance with the Hague Convention on the
Civil Aspects of International Child Abduction, ``parental
child abduction jeopardizes the child and has substantial long-
term consequences for both the child and the left-behind
parent.''.</DELETED>
<DELETED> (9) Abducted children are at risk of serious
emotional and psychological problems and have been found to
experience anxiety, eating problems, nightmares, mood swings,
sleep disturbances, aggressive behavior, resentment, guilt and
fearfulness, and as adults may struggle with identity issues,
personal relationships, and parenting.</DELETED>
<DELETED> (10) Left-behind parents may encounter substantial
psychological and emotional problems, and few have the
extraordinary financial resources necessary to pursue
individual civil or criminal remedies in both the United States
and a foreign country, even where available, or to engage in
repeated foreign travel to attempt to procure the return of
their children by evoking diplomatic and humanitarian
remedies.</DELETED>
<DELETED> (11) Left-behind parents who are military parents
may be unable to leave their military duties to pursue
multinational litigation or take leave to attend multiple court
proceedings, and foreign authorities may not schedule
proceedings to accommodate such duties.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that
the United States should set a strong example for Convention countries
in the timely location and return of abducted children in the United
States whose habitual residence is not the United States.</DELETED>
<DELETED> (c) Purposes.--The purposes of this Act are to--</DELETED>
<DELETED> (1) protect children whose habitual residence is
the United States from the harmful effects of abduction and to
assist left-behind parents to have access to their abducted
child in a safe and predictable manner, wherever the child is
located, while an abduction case is pending;</DELETED>
<DELETED> (2) provide left-behind parents, including
military parents, their advocates, and judges the information
they need to enhance the resolution of abduction cases and
access cases through established legal procedures, risk
assessment tools, and the practical means for overcoming
obstacles to recovering an abducted child;</DELETED>
<DELETED> (3) establish measured, effective, and predictable
actions to be undertaken by the President on behalf of abducted
children whose habitual residence is the United States at the
time of the abduction;</DELETED>
<DELETED> (4) promote an international consensus that it is
in the interest of children to have any issues related to their
care and custody determined in the country of their habitual
residence;</DELETED>
<DELETED> (5) provide the necessary training for officials
of the United States Armed Forces and the Department of Defense
to establish policies and provide services to military parents
that address the unique circumstances of abductions and
violations of rights of access that may occur with regard to
military dependent children; and</DELETED>
<DELETED> (6) encourage the effective implementation of
international mechanisms, particularly those established
pursuant to the Hague Abduction Convention, to achieve
reciprocity in the resolution of abductions and to protect
children from the harmful effects of an abduction.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Abducted child.--The term ``abducted child''
means a child who is the victim of an abduction.</DELETED>
<DELETED> (2) Abduction.--The term ``abduction'' means--
</DELETED>
<DELETED> (A) the alleged wrongful removal of a
child from the child's country of habitual
residence;</DELETED>
<DELETED> (B) the alleged wrongful retention of a
child outside the child's country of habitual
residence; or</DELETED>
<DELETED> (C) the alleged wrongful removal or
retention of a military dependent child from the
exercise of rights of custody of a military
parent.</DELETED>
<DELETED> (3) Abduction case.--The term ``abduction case''
means a case involving an application filed with the Central
Authority of the United States by a left-behind parent for the
resolution of an abduction.</DELETED>
<DELETED> (4) Access case.--The term ``access case'' means a
case involving an application filed with the Central Authority
of the United States by a left-behind parent for the
establishment of rights of access.</DELETED>
<DELETED> (5) Annual report.--The term ``Annual Report''
means the Annual Report on International Child Abduction
required under section 101.</DELETED>
<DELETED> (6) Application.--The term ``application'' means--
</DELETED>
<DELETED> (A) in the case of a Convention country,
the application required pursuant to article 8 of the
Hague Abduction Convention;</DELETED>
<DELETED> (B) in the case of an MOU country, the
formal document required pursuant to the provisions of
the applicable MOU to request the return of an abducted
child or to request rights of access, as applicable;
and</DELETED>
<DELETED> (C) in the case of a nonparty country, the
formal request by the Central Authority of the United
States to the Central Authority of such country
requesting the return of an abducted child or for
rights of access to an abducted child.</DELETED>
<DELETED> (7) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate.</DELETED>
<DELETED> (8) Central authority.--The term ``Central
Authority'' means--</DELETED>
<DELETED> (A) in the case of a Convention country,
the meaning given such term in article 6 of the Hague
Abduction Convention;</DELETED>
<DELETED> (B) in the case of an MOU country, the
official entity designated by the government of the MOU
country within the applicable MOU pursuant to section
103(b)(1) to discharge the duties imposed on the entity
in such MOU; and</DELETED>
<DELETED> (C) in the case of a nonparty country, the
foreign ministry of such country.</DELETED>
<DELETED> (9) Child.--The term ``child'' means an individual
who has not attained the age of 16.</DELETED>
<DELETED> (10) Convention country.--The term ``Convention
country'' means a country other than the United States that has
ratified, acceded, or succeeded to the Hague Abduction
Convention and with respect to which the United States has
entered into a reciprocal agreement pursuant to the Hague
Abduction Convention.</DELETED>
<DELETED> (11) Hague abduction convention.--The term ``Hague
Abduction Convention'' means the Convention on the Civil
Aspects of International Child Abduction, done at The Hague on
October 25, 1980.</DELETED>
<DELETED> (12) Left-behind parent.--The term ``left-behind
parent'' means an individual or entity, either individually or
jointly, who alleges that an abduction has occurred that is in
breach of rights of custody--</DELETED>
<DELETED> (A) attributed to such individual or
entity, as applicable; and</DELETED>
<DELETED> (B) exercised at the time of the abduction
or that would have been exercised but for the
abduction.</DELETED>
<DELETED> (13) Legal residence.--The term ``legal
residence'' means the congressional district and State in which
an individual either is residing, or if an individual is
residing temporarily outside the United States, the
congressional district and State to which the individual
intends to return.</DELETED>
<DELETED> (14) Military dependent child.--The term
``military dependent child'' means a child whose habitual
residence is the United States according to United States law
even though the child is residing outside the United States
with a military parent.</DELETED>
<DELETED> (15) Military parent.--The term ``military
parent'' means an individual who has rights of custody over a
child and who is serving outside the United States as a member
of the United States Armed Forces.</DELETED>
<DELETED> (16) MOU.--The term ``MOU'' means a memorandum of
understanding between the United States and a country that is
not a Convention country to resolve abduction cases and access
cases.</DELETED>
<DELETED> (17) MOU country.--The term ``MOU country'' means
a country with respect to which the United States has entered
into an MOU.</DELETED>
<DELETED> (18) Nonparty country.--The term ``nonparty
country'' means a country that is neither a Convention country
nor an MOU country.</DELETED>
<DELETED> (19) Pattern of noncooperation.--</DELETED>
<DELETED> (A) In general.--The term ``pattern of
noncooperation'' means the persistent failure--
</DELETED>
<DELETED> (i) of a Convention country to
implement and abide by the provisions of the
Hague Abduction Convention; and</DELETED>
<DELETED> (ii) of an MOU country to
implement and abide by the provisions of the
applicable MOU.</DELETED>
<DELETED> (B) Criteria.--Such persistent failure may
be evidenced by one or more of the following
criteria:</DELETED>
<DELETED> (i) The existence of 10 or more
unresolved abduction cases.</DELETED>
<DELETED> (ii) The failure of the Central
Authority of the country to fulfill its
responsibilities pursuant to the Hague
Abduction Convention or the MOU, as
applicable.</DELETED>
<DELETED> (iii) The failure of the judicial
or administrative branch, as applicable, of the
national government of the country to implement
and comply with the provisions of the Hague
Abduction Convention or the MOU, as
applicable.</DELETED>
<DELETED> (iv) The failure of law
enforcement to locate abducted children or to
enforce return orders or determinations of
rights of access rendered by the judicial or
administrative authorities of the national
government of the country in abduction cases or
access cases.</DELETED>
<DELETED> (20) Rights of access.--The term ``rights of
access'' means the rights of contact between a child and a
left-behind parent provided as a provisional measure while an
abduction case is pending, by operation of law or by reason of
judicial or administrative determination or by agreement having
legal effect, under the law of the country in which the child
is located.</DELETED>
<DELETED> (21) Rights of custody.--The term ``rights of
custody'' means rights of care and custody of an abducted
child, including the right to determine the place of residence
of an abducted child--</DELETED>
<DELETED> (A) attributed to an individual or entity,
either individually or jointly, and</DELETED>
<DELETED> (B) arising by operation of law or by
reason of a judicial or administrative decision, or by
reason of an agreement having legal effect,</DELETED>
<DELETED>under the law of the country in which the child was an
habitual resident immediately before the abduction.</DELETED>
<DELETED> (22) Unresolved abduction case.--</DELETED>
<DELETED> (A) In general.--Subject to subparagraph
(B), the term ``unresolved abduction case'' means an
abduction case that remains unresolved for a period
that exceeds 180 days after the date on which the
completed application for return of the child is
submitted for determination to the judicial or
administrative authority, as applicable, in the country
in which the child is located.</DELETED>
<DELETED> (B) Resolution of case.--An abduction case
shall be considered to be resolved if--</DELETED>
<DELETED> (i) the child is returned to the
country of habitual residence, pursuant to the
Hague Abduction Convention or MOU, if
applicable;</DELETED>
<DELETED> (ii) the judicial or
administrative branch, as applicable, of the
national government of the country in which the
child is located has implemented and is
complying with the provisions of the Hague
Abduction Convention or the MOU, as applicable,
and a final determination is made by such
judicial or administrative branch that the
child will not be returned to the country of
habitual residence; or</DELETED>
<DELETED> (iii) the child attains the age of
16.</DELETED>
<DELETED>TITLE I--DEPARTMENT OF STATE ACTIONS</DELETED>
<DELETED>SEC. 101. ANNUAL REPORT.</DELETED>
<DELETED> (a) In General.--Not later than March 31 of each year, the
Secretary of State shall submit to the appropriate congressional
committees an Annual Report on International Child Abduction.</DELETED>
<DELETED> (b) Contents.--Each Annual Report shall include the
following:</DELETED>
<DELETED> (1) A list of all countries with respect to which
there were one or more abduction cases during the preceding
year that identifies whether each such country is a Convention
country, an MOU country, or a nonparty country.</DELETED>
<DELETED> (2) For each country with respect to which there
were 5 or more abduction cases during the preceding
year:</DELETED>
<DELETED> (A) The number of abduction cases and the
number of access cases, respectively, reported during
the preceding year.</DELETED>
<DELETED> (B) The number of abduction cases and the
number of access cases, respectively, that are pending
as of March 1 of the year in which such Annual Report
is submitted.</DELETED>
<DELETED> (C)(i) For Convention and MOU countries,
the number of abduction cases and the number of access
cases, respectively, that were pending at any point for
more than 180 days after the date on which the Central
Authority of the United States transmitted the complete
application for each such case to the Central Authority
of such country, and were not submitted by the Central
Authority to the judicial or administrative authority,
as applicable, of such country within the 180-day
period.</DELETED>
<DELETED> (ii) The reason for the delay in
submission of each case identified in clause (i) by the
Central Authority of such country to the judicial or
administrative authority.</DELETED>
<DELETED> (D) The number of unresolved abduction
cases, and the length of time each case has been
pending.</DELETED>
<DELETED> (E) The number of unresolved abduction
cases in which a completed application has been filed
and law enforcement has failed to locate the abducted
child or to enforce a return order rendered by the
judicial or administrative authorities of such
country.</DELETED>
<DELETED> (F) The median time required for
resolution of abduction cases during the preceding
year, to be measured from the date on which the
application with respect to the abduction case is
transmitted by the Central Authority of the United
States to the Central Authority of such country to the
date on which the abduction case is resolved.</DELETED>
<DELETED> (G) The total number and the percentage of
the total number of abduction cases and access cases,
respectively, resolved during the preceding
year.</DELETED>
<DELETED> (H) Detailed information about each
unresolved abduction case described in subparagraph (E)
and on actions taken by the Department of State to
resolve such case, including the specific actions taken
by the United States chief of mission in such
country.</DELETED>
<DELETED> (I) Recommendations to improve resolution
of abduction cases and access cases.</DELETED>
<DELETED> (3) The number of abducted children from the
United States who were returned to the United States from
Convention countries, MOU countries, and nonparty countries,
respectively.</DELETED>
<DELETED> (4) A list of Convention countries and MOU
countries that have failed to comply with any of their
obligations under the Hague Abduction Convention or the MOU, as
applicable, with respect to the resolution of abduction cases
and access cases.</DELETED>
<DELETED> (5) A list of countries demonstrating a pattern of
noncooperation, and a summary of the criteria on which the
determination of a pattern of noncooperation for each country
is based.</DELETED>
<DELETED> (6)(A) Information on efforts by the Secretary of
State to encourage other countries to become signatories to the
Hague Abduction Convention or to enter into an MOU.</DELETED>
<DELETED> (B) The efforts referred to in subparagraph (A)
shall include efforts to address pending abduction cases and
access cases in such countries.</DELETED>
<DELETED> (7) A description of the efforts of the Secretary
of State to encourage Convention countries and MOU countries to
facilitate the work of nongovernmental organizations within
their respective countries that assist left-behind
parents.</DELETED>
<DELETED> (8) The number of cases which were successfully
resolved without abducted children being returned to the United
States from Convention countries, MOU countries, and nonparty
countries, respectively.</DELETED>
<DELETED> (c) Exception.--The Annual Report shall not include--
</DELETED>
<DELETED> (1) the names of left-behind parents or children
involved in abduction cases or access cases; or</DELETED>
<DELETED> (2) information that may identify a party involved
in an abduction case or access case unless the party stipulates
in writing to the Central Authority of the United States that
such information may be included in the Annual
Report.</DELETED>
<DELETED> (d) Additional Thematic Sections.--Each Annual Report
shall also include--</DELETED>
<DELETED> (1) information on the number of unresolved
abduction cases affecting left-behind parents who are military
parents and a summary of assistance offered to such left-behind
parents;</DELETED>
<DELETED> (2) information on the use of airlines in
abductions, voluntary airline practices to prevent abductions,
and recommendations for best airline practices to prevent
abductions;</DELETED>
<DELETED> (3) information on actions taken by the Central
Authority of the United States to train domestic judges in
application of the Hague Abduction Convention; and</DELETED>
<DELETED> (4) information on actions taken by the Central
Authority of the United States to train United States Armed
Forces legal assistance personnel, military chaplains, and
military family support center personnel about abductions, the
risk of loss of access to children, and the legal frameworks
available to resolve such cases.</DELETED>
<DELETED> (e) Repeal of the Hague Convention Compliance Report.--
Section 2803 of the Foreign Affairs Reform and Restructuring Act of
1998 (42 U.S.C. 11611) is repealed.</DELETED>
<DELETED>SEC. 102. STANDARDS AND ASSISTANCE.</DELETED>
<DELETED> The Secretary of State shall ensure that United States
diplomatic and consular missions abroad--</DELETED>
<DELETED> (1) maintain a consistent reporting standard with
respect to abduction cases and access cases involving abducted
children in the country in which such mission is located for
purposes of the Annual Report;</DELETED>
<DELETED> (2) designate at least one official in each such
mission to assist left-behind parents from the United States
who are visiting such country to resolve cases involving an
abduction or rights of access; and</DELETED>
<DELETED> (3) monitor developments in cases involving
abducted children in the country in which such mission is
located.</DELETED>
<DELETED>SEC. 103. MEMORANDUM OF UNDERSTANDING.</DELETED>
<DELETED> (a) In General.--The Secretary of State should seek to
enter into an MOU with every country that is not a Convention country
and is unlikely to become a Convention country in the forseeable
future, that includes--</DELETED>
<DELETED> (1) identification of the Central
Authority;</DELETED>
<DELETED> (2) a protocol to identify, locate, and effectuate
the return of an abducted child identified in an abduction case
not later than 6 weeks after the application with respect to
the abduction case has been submitted to the judicial or
administrative authority, as applicable, of the country in
which the abducted child is located;</DELETED>
<DELETED> (3) a protocol for the establishment and
protection of the rights of access;</DELETED>
<DELETED> (4) identification of the judicial or
administrative authority that will promptly adjudicate
abduction cases and access cases;</DELETED>
<DELETED> (5) identification of a law enforcement agency and
available law enforcement mechanisms and procedures to ensure
the immediate enforcement of an order issued by the authority
identified pursuant to paragraph (4) to return an abducted
child to a left-behind parent, including by--</DELETED>
<DELETED> (A) conducting an investigation to
ascertain the location of the abducted child;</DELETED>
<DELETED> (B) providing protection to the abducted
child after such child is located; and</DELETED>
<DELETED> (C) retrieving the abducted child and
making the appropriate arrangements for such child to
be returned to the country of habitual
residence;</DELETED>
<DELETED> (6) a protocol to establish periodic visits
between a United States embassy or consular official and an
abducted child to allow the official to ascertain the child's
location and welfare; and</DELETED>
<DELETED> (7) such other provisions as determined to be
appropriate by the Secretary of State.</DELETED>
<DELETED> (b) Rule of Construction.--</DELETED>
<DELETED> (1) In general.--Nothing in this Act shall be
construed to prohibit the United States from proposing and
entering into a memorandum of understanding with a Convention
country to further clarify the reciprocal obligations of the
United States and the Convention country under the Hague
Abduction Convention.</DELETED>
<DELETED> (2) Treatment of obligations of convention
country.--In those instances in which there is a memorandum of
understanding as described in paragraph (1), the obligations of
the Convention country under such memorandum shall be
considered to be obligations of such country under the Hague
Abduction Convention for purposes of this Act.</DELETED>
<DELETED>SEC. 104. NOTIFICATION OF CONGRESSIONAL
REPRESENTATIVES.</DELETED>
<DELETED> (a) Notification.--Except as provided in subsection (b),
the Secretary of State shall notify in writing the Member of Congress
and Senators representing the legal residence of a left-behind parent
when such parent reports an abduction to the Central Authority of the
United States.</DELETED>
<DELETED> (b) Exception.--The notification requirement under
subsection (a) shall not apply if the left-behind parent does not
consent to the notification described in such subsection.</DELETED>
<DELETED> (c) Timing.--At the request of any person who is a left-
behind parent, including a left-behind parent who previously reported
an abduction to the Central Authority of the United States before the
date of the enactment of this Act, notification of a Member of
Congress, in accordance with subsections (a) and (b), shall be provided
as soon as is practicable.</DELETED>
<DELETED> (d) Member of Congress Defined.--In this section, the term
``Member of Congress'' means a Representative in, or Delegate or
Resident Commissioner to, the Congress.</DELETED>
<DELETED>TITLE II--PRESIDENTIAL ACTIONS</DELETED>
<DELETED>SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRESOLVED
CASES.</DELETED>
<DELETED> (a) Response to International Child Abductions.--
</DELETED>
<DELETED> (1) United states policy.--It shall be the policy
of the United States to--</DELETED>
<DELETED> (A) promote the best interest of children
abducted from the United States by establishing legal
rights and procedures for their prompt return and by
promoting such rights and procedures through actions
that ensure the enforcement of reciprocal international
obligations; and</DELETED>
<DELETED> (B) recognize the international character
of the Hague Abduction Convention, and the need for
reciprocity pursuant to and the uniform international
interpretation of the Hague Abduction Convention, by
promoting the timely resolution of abduction cases
through one or more of the actions described in section
205.</DELETED>
<DELETED> (2) Requirement of presidential action.--Whenever
the President determines that the government of a foreign
country has failed to resolve an unresolved abduction case, the
President shall oppose such failure through one or more of the
actions described in subsection (b).</DELETED>
<DELETED> (b) Presidential Actions.--</DELETED>
<DELETED> (1) In general.--Subject to paragraphs (2) and
(3), the President, in consultation with the Secretary of
State, shall, as expeditiously as practicable in response to
the failure described in subsection (a) by the government of a
foreign country, take one or more of the actions described in
paragraphs (1) through (13) of section 205(a) (or commensurate
action as provided in section 205(b)) with respect to such
country.</DELETED>
<DELETED> (2) Deadline for actions.--</DELETED>
<DELETED> (A) In general.--Except as provided in
subparagraph (B), not later than March 31 of each year,
the President shall take one or more of the actions
described in paragraphs (1) through (13) of section
205(a) (or commensurate action as provided in section
205(b)) with respect to each foreign country the
government of which has failed to resolve an unresolved
abduction case that is pending as of such
date.</DELETED>
<DELETED> (B) Exception.--In the case of an action
under any of paragraphs (10) through (13) of section
205(a) (or commensurate action as provided in section
205(b))--</DELETED>
<DELETED> (i) the action may only be taken
after the requirements of sections 203 and 204
have been satisfied; and</DELETED>
<DELETED> (ii) the March 31 deadline to take
the action shall not apply.</DELETED>
<DELETED> (3) Authority for delay of presidential actions.--
The President may delay action described in any of the
paragraphs (10) through (13) of section 205(a) (or commensurate
action as provided in section 205(b)), as required under
paragraph (2), if the President determines and certifies to the
appropriate congressional committees that an additional,
specified period of time is necessary for a continuation of
negotiations that have been commenced with the country to
resolve the unresolved case.</DELETED>
<DELETED> (c) Implementation.--</DELETED>
<DELETED> (1) In general.--In carrying out subsection (b),
the President shall--</DELETED>
<DELETED> (A) take one or more actions that most
appropriately respond to the nature and severity of the
failure to resolve the unresolved abduction cases;
and</DELETED>
<DELETED> (B) seek to the fullest extent possible to
target action as narrowly as practicable with respect
to the agencies or instrumentalities of the foreign
government that are responsible for such failures, in
ways that respect the separation of powers and
independence of the judiciary in foreign
countries.</DELETED>
<DELETED> (2) Guidelines for presidential actions.--In
addition to the guidelines under paragraph (1), the President,
in determining whether to take one or more actions under
paragraphs (10) through (13) of section 205(a) (or commensurate
action as provided in section 205(b)), shall seek to minimize
any adverse impact on--</DELETED>
<DELETED> (A) the population of the country whose
government is targeted by the action or actions;
and</DELETED>
<DELETED> (B) the humanitarian activities of United
States and foreign nongovernmental organizations in the
country.</DELETED>
<DELETED>SEC. 202. PRESIDENTIAL ACTIONS IN RESPONSE TO PATTERNS OF
NONCOOPERATION IN CASES OF INTERNATIONAL CHILD
ABDUCTIONS.</DELETED>
<DELETED> (a) Response to a Pattern of Noncooperation.--</DELETED>
<DELETED> (1) United states policy.--It shall be the policy
of the United States to--</DELETED>
<DELETED> (A) oppose institutional or other systemic
failures of foreign governments to fulfill their
obligations pursuant to the Hague Abduction Convention
or MOU, as applicable, to resolve abduction cases and
access cases; and</DELETED>
<DELETED> (B) promote reciprocity pursuant to and
compliance with the Hague Abduction Convention by
Convention countries and compliance with the applicable
MOU by MOU countries.</DELETED>
<DELETED> (2) Requirement of presidential action.--Whenever
the President determines that the government of a foreign
country has engaged in a pattern of noncooperation, the
President shall promote the resolution of the unresolved
abduction cases through one or more of the actions described in
subsection (c).</DELETED>
<DELETED> (b) Designations of Countries With Patterns of
Noncooperation in Cases of International Child Abduction.--</DELETED>
<DELETED> (1) Annual review.--</DELETED>
<DELETED> (A) In general.--Not later than March 31
of each year, the President shall review the status of
abduction cases and access cases in each foreign
country to determine whether the government of such
country has engaged in a pattern of noncooperation
during the preceding 12 months or since the date of the
last review of such country under this subparagraph,
whichever period is longer. The President shall
designate each country the government of which has
engaged in a pattern of noncooperation as a Country
With a Pattern of Noncooperation.</DELETED>
<DELETED> (B) Basis of review.--Each review
conducted under subparagraph (A) shall be based upon
information contained in the latest Annual Report and
on any other evidence available.</DELETED>
<DELETED> (2) Determinations of responsible parties.--For
the government of each country designated as a Country With a
Pattern of Noncooperation under paragraph (1)(A), the President
shall seek to determine the agencies or instrumentalities of
such government that are responsible for the pattern of
noncooperation by such government in order to appropriately
target actions under this section in response.</DELETED>
<DELETED> (3) Congressional notification.--Whenever the
President designates a country as a Country With a Pattern of
Noncooperation under paragraph (1)(A), the President shall, as
soon as practicable after such designation is made, transmit to
the appropriate congressional committees--</DELETED>
<DELETED> (A) the designation of the country, signed
by the President; and</DELETED>
<DELETED> (B) the identification, if any, of
responsible agencies or instrumentalities determined
under paragraph (2).</DELETED>
<DELETED> (c) Presidential Actions With Respect to a Country With a
Pattern of Noncooperation.--</DELETED>
<DELETED> (1) In general.--Subject to paragraphs (2) and (3)
with respect to each Country With a Pattern of Noncooperation
designated under subsection (b)(1)(A), the President shall,
after the requirements of sections 203 and 204 have been
satisfied, but not later than 90 days (or 180 days in case of a
delay under paragraph (2)) after the date of such designation
of the country under such subsection, take one or more of the
actions under paragraphs (10) through (13) of section 205(a)
(or commensurate action as provided in section
205(b)).</DELETED>
<DELETED> (2) Authority for delay of presidential actions.--
If, on or before the date that the President is required to
take action under paragraph (1), the President determines and
certifies to the appropriate congressional committees that a
single, additional period of time not to exceed 90 days is
necessary--</DELETED>
<DELETED> (A) for a continuation of negotiations
that have been commenced with the government of a
country described in such paragraph to bring about a
cessation of the pattern of noncooperation by such
country, or</DELETED>
<DELETED> (B) for a review of corrective action
taken by such country after designation of such country
as a Country With a Pattern of Noncooperation under
subsection (b)(1)(A) or in anticipation that corrective
action will be taken by such country during such 90-day
period,</DELETED>
<DELETED>the President shall not be required to take such
action until the expiration of such period of time.</DELETED>
<DELETED> (3) Exception for ongoing presidential action.--
</DELETED>
<DELETED> (A) In general.--The President shall not
be required to take action under paragraph (1) with
respect to a Country With a Pattern of Noncooperation
if--</DELETED>
<DELETED> (i) the President has taken action
pursuant to paragraph (1) with respect to such
country in a preceding year, such action is in
effect at the time such country is designated
as a Country with a Pattern of Noncooperation
under subsection (b)(1)(A), and the President
submits to the appropriate congressional
committees the information described in section
204 regarding the actions in effect with
respect to such country; or</DELETED>
<DELETED> (ii) subject to subparagraph (B),
the President determines that such country is
subject to multiple, broad-based sanctions
imposed in significant part in response to
human rights abuses and that such sanctions
also satisfy the requirements of this
subsection.</DELETED>
<DELETED> (B) Additional requirements.--If the
President makes a determination under subparagraph
(A)(ii)--</DELETED>
<DELETED> (i) the report under section 204
and, as applicable, the publication in the
Federal Register under section 208, shall
specify the specific sanction or sanctions that
the President has determined satisfy the
requirements of this subsection; and</DELETED>
<DELETED> (ii) such sanctions shall remain
in effect subject to section 209.</DELETED>
<DELETED> (d) Rule of Construction.--A determination under this
section that a foreign country has engaged in a pattern of
noncooperation shall not be construed to require the termination of
assistance or other activities with respect to such country under any
other provision of law, including section 116 or 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151(n) or 2304).</DELETED>
<DELETED>SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS.</DELETED>
<DELETED> As soon as practicable after the President makes a
determination under section 201 in response to failures to resolve
unresolved abduction cases and the President decides to take action
under paragraphs (10) through (13) of section 205(a) (or commensurate
action as provided in section 205(b)) with respect to that country, or
not later than 90 days after the President designates a country as a
country with a pattern of noncooperation pursuant to section
202(b)(1)(a), the President shall--</DELETED>
<DELETED> (1) request consultation with the government of
such country regarding the failures giving rise to designation
of that country as a Country With a Pattern of Noncooperation
regarding the pattern of noncooperation or to action under
section 201; and</DELETED>
<DELETED> (2) if agreed to, enter into such consultations
with such country, privately or publicly.</DELETED>
<DELETED>SEC. 204. REPORT TO CONGRESS.</DELETED>
<DELETED> (a) In General.--Subject to subsection (b), not later than
90 days after the President makes a determination under section 201 in
response to failures to resolve unresolved abduction cases and the
President decides to take action under paragraphs (10) through (13) of
section 205(a) (or commensurate action as provided in section 205(b))
with respect to that country, or not later than 90 days after the
President designates a country as a Country With a Pattern of
Noncooperation pursuant to section 202(b)(1)(A), the President shall
transmit to the appropriate congressional committees a report on the
following:</DELETED>
<DELETED> (1) Identification of presidential actions.--An
identification of the action or actions described in section
205(a) (or commensurate action as provided in section 205(b))
to be taken with respect to such country.</DELETED>
<DELETED> (2) Description of violations.--A description of
the failure to resolve an unresolved case or the pattern of
noncooperation, as applicable, giving rise to the action or
actions to be taken by the President.</DELETED>
<DELETED> (3) Purpose of presidential actions.--A
description of the purpose of the action or actions.</DELETED>
<DELETED> (4) Evaluation.--</DELETED>
<DELETED> (A) Description.--An evaluation, in
consultation with the Secretary of State, the parties
described in section 203(b), and other parties the
President determines appropriate, of the anticipated
impact of the Presidential action upon--</DELETED>
<DELETED> (i) pending abduction cases in
such country;</DELETED>
<DELETED> (ii) the government of such
country;</DELETED>
<DELETED> (iii) the population of such
country;</DELETED>
<DELETED> (iv) the United States
economy;</DELETED>
<DELETED> (v) other interested parties;
and</DELETED>
<DELETED> (vi) if such country is a
Convention country or an MOU country, the
reciprocal fulfillment of obligations pursuant
to such Convention or applicable MOU, as
applicable.</DELETED>
<DELETED> (B) Form.--The evaluation under
subparagraph (A) shall be transmitted in unclassified
form, but may contain a classified annex if
necessary.</DELETED>
<DELETED> (5) Statement of policy options.--A statement that
noneconomic policy options designed to resolve the unresolved
case or bring about the cessation of the pattern of
noncooperation have reasonably been exhausted, including the
consultations required in section 203.</DELETED>
<DELETED> (b) Delay in Transmittal of Report.--If, on or before the
date that the President is required to submit a report under subsection
(a) to the appropriate congressional committees, the President
determines and certifies to such committees that a single, additional
period of time not to exceed 90 days is necessary pursuant to section
202(c)(2), the President shall not be required to submit the report to
such committees until the expiration of such period of time.</DELETED>
<DELETED>SEC. 205. PRESIDENTIAL ACTIONS.</DELETED>
<DELETED> (a) Description of Presidential Actions.--Except as
provided in subsection (c), the Presidential actions referred to in
this subsection are the following:</DELETED>
<DELETED> (1) A private demarche.</DELETED>
<DELETED> (2) An official public demarche.</DELETED>
<DELETED> (3) A public condemnation.</DELETED>
<DELETED> (4) A public condemnation within one or more
multilateral fora.</DELETED>
<DELETED> (5) The delay or cancellation of one or more
scientific exchanges.</DELETED>
<DELETED> (6) The delay or cancellation of one or more
cultural exchanges.</DELETED>
<DELETED> (7) The denial of one or more working, official,
or state visits.</DELETED>
<DELETED> (8) The delay or cancellation of one or more
working, official, or state visits.</DELETED>
<DELETED> (9) A formal request to the foreign country
concerned to extradite an individual who is engaged in
abduction and who has been formally accused of, charged with,
or convicted of an extraditable offense.</DELETED>
<DELETED> (10) The withdrawal, limitation, or suspension of
United States development assistance in accordance with section
116 of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n).</DELETED>
<DELETED> (11) The withdrawal, limitation, or suspension of
United States security assistance in accordance with section
502B of the Foreign Assistance Act of 1961 (22 U.S.C.
2304).</DELETED>
<DELETED> (12) The withdrawal, limitation, or suspension of
assistance to the central government of a country pursuant to
chapter 4 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2346 et seq.; relating to the Economic Support
Fund).</DELETED>
<DELETED> (13) Ordering the heads of the appropriate United
States agencies not to issue any (or a specified number of)
specific licenses, and not to grant any other specific
authority (or a specified number of authorities), to export any
goods or technology to such government or to the agency or
instrumentality of such government determined by the President
to be responsible for such unresolved case or pattern of
noncooperation, as applicable, under--</DELETED>
<DELETED> (A) the Export Administration Act of 1979
(as continued in effect under the International
Emergency Economic Powers Act);</DELETED>
<DELETED> (B) the Arms Export Control Act;</DELETED>
<DELETED> (C) the Atomic Energy Act of 1954;
or</DELETED>
<DELETED> (D) any other statute that requires the
prior review and approval of the United States
Government as a condition for the export or re-export
of goods or services.</DELETED>
<DELETED> (b) Commensurate Action.--Except as provided in subsection
(c), the President may substitute any other action authorized by law
for any action described in subsection (a) if such action is
commensurate in effect to the action substituted and if such action
would further the purposes of this Act as specified in section 2(c).
The President shall seek to take all appropriate and feasible actions
authorized by law to resolve the unresolved case or to obtain the
cessation of such pattern of noncooperation, as applicable. If
commensurate action is taken under this subsection, the President shall
transmit to the appropriate congressional committees a report on such
action, together with an explanation for taking such action.</DELETED>
<DELETED> (c) Exceptions.--</DELETED>
<DELETED> (1) Humanitarian exception.--Any action taken
pursuant to subsection (a) or (b) may not prohibit or restrict
the provision of medicine, medical equipment or supplies, food,
or other life-saving humanitarian assistance.</DELETED>
<DELETED> (2) Defense and national security exception.--The
President shall not be required to apply or maintain any action
under section 205--</DELETED>
<DELETED> (A) in the case of procurement of defense
articles or defense services--</DELETED>
<DELETED> (i) under existing contracts or
subcontracts, including the exercise of options
for production quantities, to satisfy
requirements essential to the national security
of the United States;</DELETED>
<DELETED> (ii) if the President determines
in writing and transmits to the appropriate
congressional committees a report that the
government or the agency or instrumentality of
such government to which such action would
otherwise be applied is a sole source supplier
of such defense articles or services, that such
defense articles or services are essential, and
that alternative sources are not readily or
reasonably available; or</DELETED>
<DELETED> (iii) if the President determines
in writing and transmits to the appropriate
congressional committees a report that such
defense articles or services are essential to
the national security of the United States
under defense co-production agreements;
or</DELETED>
<DELETED> (B) to products or services provided under
contracts entered into before the date on which the
President publishes in the Federal Register notice of
such action in accordance with section 208.</DELETED>
<DELETED>SEC. 206. PRESIDENTIAL WAIVER.</DELETED>
<DELETED> (a) In General.--Subject to subsection (b), the President
may waive the application of any of the actions described in paragraphs
(10) through (13) of section 205(a) (or commensurate action as provided
in section 205(b)) with respect to a country, if the President
determines and so reports to the appropriate congressional committees
that--</DELETED>
<DELETED> (1) the government of such country has
satisfactorily resolved any abduction case giving rise to the
application of any of such actions and--</DELETED>
<DELETED> (A) if such country is a Convention
country, such country has taken measures to ensure
future compliance with the provisions of the Hague
Abduction Convention;</DELETED>
<DELETED> (B) if such country is an MOU country,
such country has taken measures to ensure future
compliance with the provisions of the MOU at issue;
or</DELETED>
<DELETED> (C) if such country was a nonparty country
at the time the abductions or denials of rights of
access resulting in the abduction cases or access cases
occurred, such country has become a Convention country
or an MOU country;</DELETED>
<DELETED> (2) the exercise of such waiver authority would
further the purposes of this Act; or</DELETED>
<DELETED> (3) the important national interest of the United
States requires the exercise of such waiver
authority.</DELETED>
<DELETED> (b) Congressional Notification.--Not later than the date
of the exercise of a waiver under subsection (a), the President shall
notify the appropriate congressional committees of such waiver or the
intention to exercise such waiver, together with a detailed
justification thereof.</DELETED>
<DELETED>SEC. 207. PUBLICATION IN FEDERAL REGISTER.</DELETED>
<DELETED> (a) In General.--Subject to subsection (b), the President
shall ensure publication in the Federal Register of the
following:</DELETED>
<DELETED> (1) Determinations of governments, agencies,
instrumentalities of countries with patterns of
noncooperation.--Any designation of a country that the
President has designated as a Country With a Pattern of
Noncooperation under section 202(b)(1)(A), together with, when
applicable and to the extent practicable, the identities of
agencies or instrumentalities determined to be responsible for
such pattern of noncooperation.</DELETED>
<DELETED> (2) Presidential actions.--A description of any
action under paragraphs (10) through (13) of section 205(a) (or
commensurate action as provided in section 205(b)) and the
effective date of such action.</DELETED>
<DELETED> (3) Delays in transmittal of presidential action
reports.--Any delay in transmittal of a report required under
section 204.</DELETED>
<DELETED> (4) Waivers.--Any waiver issued under section
206.</DELETED>
<DELETED> (b) Limited Disclosure of Information.--The President may
limit publication of information under this section in the same manner
and to the same extent as the President may limit the publication of
findings and determinations described in section 654(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2414(c)), if the President determines
that the publication of such information--</DELETED>
<DELETED> (1) would be harmful to the national security of
the United States; or</DELETED>
<DELETED> (2) would not further the purposes of this
Act.</DELETED>
<DELETED>SEC. 208. TERMINATION OF PRESIDENTIAL ACTIONS.</DELETED>
<DELETED> Any action taken under this Act or any amendment made by
this Act with respect to a foreign country shall terminate on the
earlier of the following two dates:</DELETED>
<DELETED> (1) Not later than two years after the effective
date of such action unless expressly reauthorized by
law.</DELETED>
<DELETED> (2) The date on which the President transmits to
Congress a certification containing a determination of the
President that the government of such country has resolved any
unresolved abduction case or has taken substantial and
verifiable steps to correct the pattern of noncooperation at
issue, as applicable, that gave rise to such action.</DELETED>
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sean and David
Goldman International Child Abduction Prevention and Return Act of
2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings; sense of Congress; purposes.
Sec. 3. Definitions.
TITLE I--DEPARTMENT OF STATE ACTIONS
Sec. 101. Annual report.
Sec. 102. Standards and assistance.
Sec. 103. Bilateral procedures, including memoranda of understanding.
Sec. 104. Report to congressional representatives.
TITLE II--ACTIONS BY THE SECRETARY OF STATE
Sec. 201. Response to international child abductions.
Sec. 202. Actions by the Secretary of State in response to patterns of
noncompliance in cases of international
child abductions.
Sec. 203. Consultations with foreign governments.
Sec. 204. Waiver by the Secretary of State.
Sec. 205. Termination of actions by the Secretary of State.
TITLE III--PREVENTION OF INTERNATIONAL CHILD ABDUCTION
Sec. 301. Preventing children from leaving the United States in
violation of a court order.
Sec. 302. Authorization for judicial training on international parental
child abduction.
SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Sean Goldman, a United States citizen and resident of
New Jersey, was abducted from the United States in 2004 and
separated from his father, David Goldman, who spent nearly 6
years battling for the return of his son from Brazil before
Sean was finally returned to Mr. Goldman's custody on December
24, 2009.
(2) The Department of State's Office of Children's Issues,
which serves as the Central Authority of the United States for
the purposes of the 1980 Hague Convention on the Civil Aspects
of International Child Abduction (referred to in this Act as
the ``Hague Abduction Convention''), has received thousands of
requests since 2007 for assistance in the return to the United
States of children who have been wrongfully abducted by a
parent or other legal guardian to another country.
(3) For a variety of reasons reflecting the significant
obstacles to the recovery of abducted children, as well as the
legal and factual complexity involving such cases, not all
cases are reported to the Central Authority of the United
States.
(4) More than 1,000 outgoing international child abductions
are reported every year to the Central Authority of the United
States, which depends solely on proactive reporting of
abduction cases.
(5) Only about one-half of the children abducted from the
United States to countries with which the United States enjoys
reciprocal obligations under the Hague Abduction Convention are
returned to the United States.
(6) The United States and other Convention countries have
expressed their desire, through the Hague Abduction Convention,
``to protect children internationally from the harmful effects
of their wrongful removal or retention and to establish
procedures to ensure their prompt return to the State of their
habitual residence, as well as to secure protection for rights
of access.''
(7) Compliance by the United States and other Convention
countries depends on the actions of their designated central
authorities, the performance of their judicial systems as
reflected in the legal process and decisions rendered to
enforce or effectuate the Hague Abduction Convention, and the
ability and willingness of their law enforcement authorities to
ensure the swift enforcement of orders rendered pursuant to the
Hague Abduction Convention.
(8) According to data from the Department of State,
approximately 40 percent of abduction cases involve children
taken from the United States to countries with which the United
States does not have reciprocal obligations under the Hague
Abduction Convention or other arrangements relating to the
resolution of abduction cases.
(9) According to the Department of State's April 2010
Report on Compliance with the Hague Convention on the Civil
Aspects of International Child Abduction, ``parental child
abduction jeopardizes the child and has substantial long-term
consequences for both the child and the left-behind parent.''
(10) Few left-behind parents have the extraordinary
financial resources necessary--
(A) to pursue individual civil or criminal remedies
in both the United States and a foreign country, even
if such remedies are available; or
(B) to engage in repeated foreign travel to attempt
to obtain the return of their children through
diplomatic or other channels.
(11) Military parents often face additional complications
in resolving abduction cases because of the challenges
presented by their military obligations.
(12) In addition to using the Hague Abduction Convention to
achieve the return of abducted children, the United States has
an array of Federal, State, and local law enforcement, criminal
justice, and judicial tools at its disposal to prevent
international abductions.
(13) Federal agencies tasked with preventing international
abductions have indicated that the most effective way to stop
international child abductions is while they are in progress,
rather than after the child has been removed to a foreign
destination.
(14) Parental awareness of abductions in progress, rapid
response by relevant law enforcement, and effective
coordination among Federal, State, local, and international
stakeholders are critical in preventing such abductions.
(15) A more robust application of domestic tools, in
cooperation with international law enforcement entities and
appropriate application of the Hague Abduction Convention
could--
(A) discourage some parents from attempting
abductions;
(B) block attempted abductions at ports of exit;
and
(C) help achieve the return of more abducted
children.
(b) Sense of Congress.--It is the sense of Congress that the United
States should set a strong example for other Convention countries in
the timely location and prompt resolution of cases involving children
abducted abroad and brought to the United States.
(c) Purposes.--The purposes of this Act are--
(1) to protect children whose habitual residence is the
United States from wrongful abduction;
(2) to assist left-behind parents in quickly resolving
cases and maintaining safe and predictable contact with their
child while an abduction case is pending;
(3) to protect the custodial rights of parents, including
military parents, by providing the parents, the judicial
system, and law enforcement authorities with the information
they need to prevent unlawful abduction before it occurs;
(4) to enhance the prompt resolution of abduction and
access cases;
(5) to detail an appropriate set of actions to be
undertaken by the Secretary of State to address persistent
problems in the resolution of abduction cases;
(6) to establish a program to prevent wrongful abductions;
and
(7) to increase interagency coordination in preventing
international child abduction by convening a working group
composed of presidentially appointed and Senate confirmed
officials from the Department of State, the Department of
Homeland Security, and the Department of Justice.
SEC. 3. DEFINITIONS.
In this Act:
(1) Abducted child.--The term ``abducted child'' means a
child who is the victim of international child abduction.
(2) Abduction.--The term ``abduction'' means the alleged
wrongful removal of a child from the child's country of
habitual residence, or the wrongful retention of a child
outside such country, in violation of a left-behind parent's
custodial rights, including the rights of a military parent.
(3) Abduction case.--The term ``abduction case'' means a
case that--
(A) has been reported to the Central Authority of
the United States by a left-behind parent for the
resolution of an abduction; and
(B) meets the criteria for an international child
abduction under the Hague Abduction Convention,
regardless of whether the country at issue is a
Convention country.
(4) Access case.--The term ``access case'' means a case
involving an application filed with the Central Authority of
the United States by a parent seeking rights of access.
(5) Annual report.--The term ``Annual Report'' means the
Annual Report on International Child Abduction required under
section 101.
(6) Application.--The term ``application'' means--
(A) in the case of a Convention country, the
application required pursuant to article 8 of the Hague
Abduction Convention;
(B) in the case of a bilateral procedures country,
the formal document required, pursuant to the
provisions of the applicable arrangement, to request
the return of an abducted child or to request rights of
access, as applicable; and
(C) in the case of a non-Convention country, the
formal request by the Central Authority of the United
States to the Central Authority of such country
requesting the return of an abducted child or for
rights of contact with an abducted child.
(7) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(8) Bilateral procedures.--The term ``bilateral
procedures'' means any procedures established by, or pursuant
to, a bilateral arrangement, including a Memorandum of
Understanding between the United States and another country, to
resolve abduction and access cases, including procedures to
address interim contact matters.
(9) Bilateral procedures country.--The term ``bilateral
procedures country'' means a country with which the United
States has entered into bilateral procedures, including
Memoranda of Understanding, with respect to child abductions.
(10) Central authority.--The term ``Central Authority''
means--
(A) in the case of a Convention country, the
meaning given such term in article 6 of the Hague
Abduction Convention;
(B) in the case of a bilateral procedures country,
the official entity designated by the government of the
bilateral procedures country within the applicable
memorandum of understanding pursuant to section
103(b)(1) to discharge the duties imposed on the
entity; and
(C) in the case of a non-Convention country, the
foreign ministry or other appropriate authority of such
country.
(11) Child.--The term ``child'' means an individual who has
not attained 16 years of age.
(12) Convention country.--The term ``Convention country''
means a country for which the Hague Abduction Convention has
entered into force with respect to the United States.
(13) Hague abduction convention.--The term ``Hague
Abduction Convention'' means the Convention on the Civil
Aspects of International Child Abduction, done at The Hague
October 25, 1980.
(14) Interim contact.--The term ``interim contact'' means
the ability of a left-behind parent to communicate with or
visit an abducted child during the pendency of an abduction
case.
(15) Left-behind parent.--The term ``left-behind parent''
means an individual or legal custodian who alleges that an
abduction has occurred that is in breach of rights of custody
attributed to such individual.
(16) Non-convention country.--The term ``non-Convention
country'' means a country in which the Hague Abduction
Convention has not entered into force with respect to the
United States.
(17) Overseas military dependent child.--The term
``overseas military dependent child'' means a child whose
habitual residence is the United States according to United
States law even though the child is residing outside the United
States with a military parent.
(18) Overseas military parent.--The term ``overseas
military parent'' means an individual who--
(A) has custodial rights with respect to a child;
and
(B) is serving outside the United States as a
member of the United States Armed Forces.
(19) Pattern of noncompliance.--
(A) In general.--The term ``pattern of
noncompliance'' means the persistent failure--
(i) of a Convention country to implement
and abide by provisions of the Hague Abduction
Convention;
(ii) of a non-Convention country to abide
by bilateral procedures that have been
established between the United States and such
country; or
(iii) of a non-Convention country to work
with the Central Authority of the United States
to resolve abduction cases.
(B) Persistent failure.--Persistent failure under
subparagraph (A) may be evidenced in a given country by
the presence of 1 or more of the following criteria:
(i) Thirty percent or more of the total
abduction cases in such country are unresolved
abduction cases.
(ii) The Central Authority regularly fails
to fulfill its responsibilities pursuant to--
(I) the Hague Abduction Convention;
or
(II) any bilateral procedures
between the United States and such
country.
(iii) The judicial or administrative
branch, as applicable, of the national
government of a Convention country or a
bilateral procedures country fails to regularly
implement and comply with the provisions of the
Hague Abduction Convention or bilateral
procedures, as applicable.
(iv) Law enforcement authorities regularly
fail to enforce return orders or determinations
of rights of access rendered by the judicial or
administrative authorities of the government of
the country in abduction cases.
(20) Rights of access.--The term ``rights of access'' means
the establishment of rights of contact between a child and a
parent seeking access in Convention countries--
(A) by operation of law;
(B) through a judicial or administrative
determination; or
(C) through a legally enforceable arrangement
between the parties.
(21) Rights of custody.--The term ``rights of custody''
means rights of care and custody of a child, including the
right to determine the place of residence of a child, under the
laws of the country in which the child is a habitual resident--
(A) attributed to an individual or legal custodian;
and
(B) arising--
(i) by operation of law; or
(ii) through a judicial or administrative
decision; or
(iii) through a legally enforceable
arrangement between the parties.
(22) Rights of interim contact.--The term ``rights of
interim contact'' means the rights of contact between a child
and a left-behind parent, which has been provided as a
provisional measure while an abduction case is pending, under
the laws of the country in which the child is located--
(A) by operation of law; or
(B) through a judicial or administrative
determination; or
(C) through a legally enforceable arrangement
between the parties.
(23) Unresolved abduction case.--
(A) In general.--Subject to subparagraph (B), the
term ``unresolved abduction case'' means an abduction
case that remains unresolved for a period that exceeds
12 months after the date on which the completed
application for return of the child is submitted for
determination to the judicial or administrative
authority, as applicable, in the country in which the
child is located.
(B) Resolution of case.--An abduction case shall be
considered to be resolved if--
(i) the child is returned to the country of
habitual residence, pursuant to the Hague
Abduction Convention or other appropriate
bilateral procedures, if applicable;
(ii) the judicial or administrative branch,
as applicable, of the government of the country
in which the child is located has implemented,
and is complying with, the provisions of the
Hague Abduction Convention or other bilateral
procedures, as applicable;
(iii) the left-behind parent reaches a
voluntary arrangement with the other parent;
(iv) the left-behind parent submits a
written withdrawal of the application or the
request for assistance to the Department of
State;
(v) the left-behind parent cannot be
located for 1 year despite the documented
efforts of the Department of State to locate
the parent; or
(vi) the child or left-behind parent is
deceased.
TITLE I--DEPARTMENT OF STATE ACTIONS
SEC. 101. ANNUAL REPORT.
(a) In General.--Not later than April 30 of each year, the
Secretary of State shall submit to the appropriate congressional
committees an Annual Report on International Child Abduction. The
Secretary shall post the Annual Report to the publicly accessible
website of the Department of State.
(b) Contents.--Each Annual Report shall include--
(1) a list of all countries in which there were 1 or more
abduction cases, during the preceding calendar year, relating
to a child whose habitual residence is the United States,
including a description of whether each such country--
(A) is a Convention country;
(B) is a bilateral procedures country;
(C) has other procedures for resolving such
abductions; or
(D) adheres to no protocols with respect to child
abduction;
(2) for each country with respect to which there were 5 or
more pending abduction cases, during the preceding year,
relating to a child whose habitual residence is the United
States--
(A) the number of such new abduction and access
cases reported during the preceding year;
(B) for Convention and bilateral procedures
countries--
(i) the number of abduction and access
cases that the Central Authority of the United
States transmitted to the Central Authority of
such country; and
(ii) the number of abduction and access
cases that were not submitted by the Central
Authority to the judicial or administrative
authority, as applicable, of such country;
(C) the reason for the delay in submission of each
case identified in subparagraph (B)(ii) by the Central
Authority of such country to the judicial or
administrative authority of that country;
(D) the number of unresolved abduction and access
cases, and the length of time each case has been
pending;
(E) the number and percentage of unresolved
abduction cases in which law enforcement authorities
have--
(i) not located the abducted child;
(ii) failed to undertake serious efforts to
locate the abducted child; and
(iii) failed to enforce a return order
rendered by the judicial or administrative
authorities of such country;
(F) the total number and the percentage of the
total number of abduction and access cases,
respectively, resolved during the preceding year;
(G) recommendations to improve the resolution of
abduction and access cases; and
(H) the average time it takes to locate a child;
(3) the number of abducted children whose habitual
residence is in the United States and who were returned to the
United States from--
(A) Convention countries;
(B) bilateral procedures countries;
(C) countries having other procedures for resolving
such abductions; or
(D) countries adhering to no protocols with respect
to child abduction;
(4) a list of Convention countries and bilateral procedures
countries that have failed to comply with any of their
obligations under the Hague Abduction Convention or bilateral
procedures, as applicable, with respect to the resolution of
abduction and access cases;
(5) a list of countries demonstrating a pattern of
noncompliance and a description of the criteria on which the
determination of a pattern of noncompliance for each country is
based;
(6) information on efforts by the Secretary of State to
encourage non-Convention countries--
(A) to ratify or accede to the Hague Abduction
Convention;
(B) to enter into or implement other bilateral
procedures, including memoranda of understanding, with
the United States; and
(C) to address pending abduction and access cases;
(7) the number of cases resolved without abducted children
being returned to the United States from Convention countries,
bilateral procedures countries, or other non-Convention
countries;
(8) a list of countries that became Convention countries
with respect to the United States during the preceding year;
and
(9) information about efforts to seek resolution of
abduction cases of children whose habitual residence is in the
United States and whose abduction occurred before the Hague
Abduction Convention entered into force with respect to the
United States.
(c) Exceptions.--Unless a left-behind parent provides written
permission to the Central Authority of the United States to include
personally identifiable information about the parent or the child in
the Annual Report, the Annual Report may not include any personally
identifiable information about any such parent, child, or party to an
abduction or access case involving such parent or child.
(d) Additional Sections.--Each Annual Report shall also include--
(1) information on the number of unresolved abduction cases
affecting military parents;
(2) a description of the assistance offered to such
military parents;
(3) information on the use of airlines in abductions,
voluntary airline practices to prevent abductions, and
recommendations for best airline practices to prevent
abductions;
(4) information on actions taken by the Central Authority
of the United States to train domestic judges in the
application of the Hague Abduction Convention; and
(5) information on actions taken by the Central Authority
of the United States to train United States Armed Forces legal
assistance personnel, military chaplains, and military family
support center personnel about--
(A) abductions;
(B) the risk of loss of contact with children; and
(C) the legal means available to resolve such
cases.
(e) Repeal of the Hague Abduction Convention Compliance Report.--
Section 2803 of the Foreign Affairs Reform and Restructuring Act of
1998 (42 U.S.C. 11611) is repealed.
(f) Notification to Congress on Countries in Noncompliance.--
(1) In general.--The Secretary of State shall include, in a
separate section of the Annual Report, the Secretary's
determination, pursuant to the provisions under section 202(b),
of whether each country listed in the report has engaged in a
pattern of noncompliance in cases of child abduction during the
preceding 12 months.
(2) Contents.--The section described in paragraph (1)--
(A) shall identify any action or actions described
in section 202(d) (or commensurate action as provided
in section 202(e)) that have been taken by the
Secretary with respect to each country;
(B) shall describe the basis for the Secretary's
determination of the pattern of noncompliance by each
country;
(C) shall indicate whether noneconomic policy
options designed to resolve the pattern of
noncompliance have reasonably been exhausted, including
the consultations required under section 203.
SEC. 102. STANDARDS AND ASSISTANCE.
The Secretary of State shall--
(1) ensure that United States diplomatic and consular
missions abroad--
(A) maintain a consistent reporting standard with
respect to abduction and access cases;
(B) designate at least 1 senior official in each
such mission, at the discretion of the Chief of
Mission, to assist left-behind parents from the United
States who are visiting such country or otherwise
seeking to resolve abduction or access cases; and
(C) monitor developments in abduction and access
cases; and
(2) develop and implement written strategic plans for
engagement with any Convention or non-Convention country in
which there are 5 or more cases of international child
abduction.
SEC. 103. BILATERAL PROCEDURES, INCLUDING MEMORANDA OF UNDERSTANDING.
(a) Development.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
initiate a process to develop and enter into appropriate
bilateral procedures, including memoranda of understanding, as
appropriate, with non-Convention countries that are unlikely to
become Convention countries in the foreseeable future, or with
Convention countries that have unresolved abduction cases that
occurred before the Hague Abduction Convention entered into
force with respect to the United States or that country.
(2) Prioritization.--In carrying out paragraph (1), the
Secretary of State shall give priority to countries with
significant abduction cases and related issues.
(b) Elements.--The bilateral procedures described in subsection (a)
should include provisions relating to--
(1) the identification of--
(A) the Central Authority;
(B) the judicial or administrative authority that
will promptly adjudicate abduction and access cases;
(C) the law enforcement agencies; and
(D) the implementation of procedures to ensure the
immediate enforcement of an order issued by the
authority identified pursuant to subparagraph (B) to
return an abducted child to a left-behind parent,
including by--
(i) conducting an investigation to
ascertain the location of the abducted child;
(ii) providing protection to the abducted
child after such child is located; and
(iii) retrieving the abducted child and
making the appropriate arrangements for such
child to be returned to the child's country of
habitual residence;
(2) the implementation of a protocol to effectuate the
return of an abducted child identified in an abduction case not
later than 6 weeks after the application with respect to the
abduction case has been submitted to the judicial or
administrative authority, as applicable, of the country in
which the abducted child is located;
(3) the implementation of a protocol for the establishment
and protection of the rights of interim contact during pendency
of abduction cases; and
(4) the implementation of a protocol to establish periodic
visits between a United States embassy or consular official and
an abducted child, in order to allow the official to ascertain
the child's location and welfare.
SEC. 104. REPORT TO CONGRESSIONAL REPRESENTATIVES.
(a) Notification.--The Secretary of State shall submit written
notification to the Member of Congress and Senators, or Resident
Commissioner or Delegate, as appropriate, representing the legal
residence of a left-behind parent if such parent--
(1) reports an abduction to the Central Authority of the
United States; and
(2) consents to such notification.
(b) Timing.--At the request of any person who is a left-behind
parent, including a left-behind parent who previously reported an
abduction to the Central Authority of the United States before the date
of the enactment of this Act, the notification required under
subsection (a) shall be provided as soon as is practicable.
TITLE II--ACTIONS BY THE SECRETARY OF STATE
SEC. 201. RESPONSE TO INTERNATIONAL CHILD ABDUCTIONS.
(a) United States Policy.--It is the policy of the United States--
(1) to promote the best interest of children wrongfully
abducted from the United States by--
(A) establishing legal rights and procedures for
their prompt return; and
(B) ensuring the enforcement of reciprocal
international obligations under the Hague Abduction
Convention or arrangements under bilateral procedures;
(2) to promote the timely resolution of abduction cases
through 1 or more of the actions described in section 202; and
(3) to ensure appropriate coordination within the Federal
Government and between Federal, State, and local agencies
involved in abduction prevention, investigation, and
resolution.
(b) Actions by the Secretary of State in Response to Unresolved
Cases.--
(1) Determination of action by the secretary of state.--For
each abduction or access case relating to a child whose
habitual residence is in the United States that remains pending
or is otherwise unresolved on the date that is 12 months after
the date on which the Central Authority of the United States
submits such case to a foreign country, the Secretary of State
shall determine whether the government of such foreign country
has failed to take appropriate steps to resolve the case. If
the Secretary of State determines that such failure occurred,
the Secretary should, as expeditiously as practicable--
(A) take 1 or more of the actions described in
subsections (d) and (e) of section 202; and
(B) direct the Chief of Mission in that foreign
country to directly address the resolution of the case
with senior officials in the foreign government.
(2) Authority for delay of action by the secretary of
state.--The Secretary of State may delay any action described
in paragraph (1) if the Secretary determines that an additional
period of time, not to exceed 1 year, will substantially assist
in resolving the case.
(3) Report.--If the Secretary of State delays any action
pursuant to paragraph (2) or decides not to take an action
described in subsection (d) or (e) of section 202 after making
the determination described in paragraph (1), the Secretary,
not later than 15 days after such delay or decision, shall
provide a report to the appropriate congressional committees
that details the reasons for delaying action or not taking
action, as appropriate.
(4) Congressional briefings.--At the request of the
appropriate congressional committees, the Secretary of State
shall provide a detailed briefing, including a written report,
if requested, on actions taken to resolve a case or the cause
for delay.
(c) Implementation.--
(1) In general.--In carrying out subsection (b), the
Secretary of State should--
(A) take 1 or more actions that most appropriately
respond to the nature and severity of the governmental
failure to resolve the unresolved abduction case; and
(B) seek, to the fullest extent possible--
(i) to initially respond by communicating
with the Central Authority of the country; and
(ii) if clause (i) is unsuccessful, to
target subsequent actions--
(I) as narrowly as practicable,
with respect to the agencies or
instrumentalities of the foreign
government that are responsible for
such failures; and
(II) in ways that respect the
separation of powers and independence
of the judiciary of the country, as
applicable.
(2) Guidelines for actions by the secretary of state.--In
addition to the guidelines under paragraph (1), the Secretary
of State, in determining whether to take 1 or more actions
under paragraphs (5) through (7) of section 202(d) or section
202(e), shall seek to minimize any adverse impact on--
(A) the population of the country whose government
is targeted by the action or actions;
(B) the humanitarian activities of United States
and nongovernmental organizations in the country; and
(C) the national security interests of the United
States.
SEC. 202. ACTIONS BY THE SECRETARY OF STATE IN RESPONSE TO PATTERNS OF
NONCOMPLIANCE IN CASES OF INTERNATIONAL CHILD ABDUCTIONS.
(a) Response to a Pattern of Noncompliance.--It is the policy of
the United States--
(1) to oppose institutional or other systemic failures of
foreign governments to fulfill their obligations pursuant to
the Hague Abduction Convention or bilateral procedures, as
applicable, to resolve abduction and access cases;
(2) to promote reciprocity pursuant to, and in compliance
with, the Hague Abduction Convention or bilateral procedures,
as appropriate; and
(3) to directly engage with senior foreign government
officials to most effectively address patterns of
noncompliance.
(b) Determination of Countries With Patterns of Noncompliance in
Cases of International Child Abduction.--
(1) Annual review.--Not later than April 30 of each year,
the Secretary of State shall--
(A) review the status of abduction and access cases
in each foreign country in order to determine whether
the government of such country has engaged in a pattern
of noncompliance during the preceding 12 months; and
(B) report such determination pursuant to section
101(f).
(2) Determinations of responsible parties.--The Secretary
of State shall seek to determine the agencies or
instrumentalities of the government of each country determined
to have engaged in a pattern of noncompliance under paragraph
(1)(A) that are responsible for such pattern of noncompliance--
(A) to appropriately target actions in response to
such noncompliance; and
(B) to engage with senior foreign government
officials to effectively address such noncompliance.
(c) Actions by the Secretary of State With Respect to a Country
With a Pattern of Noncompliance.--
(1) In general.--Not later than 90 days (or 180 days in
case of a delay under paragraph (2)) after a country is
determined to have been engaged in a pattern of noncompliance
under subsection (b)(1)(A), the Secretary of State shall--
(A) take 1 or more of the actions described in
subsection (d);
(B) direct the Chief of Mission in that country to
directly address the systemic problems that led to such
determination; and
(C) inform senior officials in the foreign
government of the potential repercussions related to
such designation.
(2) Authority for delay of actions by the secretary of
state.--The Secretary shall not be required to take action
under paragraph (1) until the expiration of a single,
additional period of up to 90 days if, on or before the date on
which the Secretary of State is required to take such action,
the Secretary determines and certifies to the appropriate
congressional committees that such additional period is
necessary--
(A) for a continuation of negotiations that have
been commenced with the government of a country
described in paragraph (1) in order to bring about a
cessation of the pattern of noncompliance by such
country;
(B) for a review of corrective action taken by a
country after the designation of such country as being
engaged in a pattern of noncompliance under subsection
(b)(1)(A); or
(C) in anticipation that corrective action will be
taken by such country during such 90-day period.
(3) Exception for additional action by the secretary of
state.--The Secretary of State shall not be required to take
additional action under paragraph (1) with respect to a country
determined to have been engaged in a persistent pattern of
noncompliance if the Secretary--
(A) has taken action pursuant to paragraph (5),
(6), or (7) of subsection (d) with respect to such
country in the preceding year and such action continues
to be in effect;
(B) exercises the waiver under section 204 and
briefs the appropriate congressional committees; or
(C) submits a report to the appropriate
congressional committees that--
(i) indicates that such country is subject
to multiple, broad-based sanctions; and
(ii) describes how such sanctions satisfy
the requirements under this subsection.
(4) Report to congress.--Not later than 90 days after the
submission of the Annual Report, the Secretary shall submit a
report to Congress on the specific actions taken against
countries determined to have been engaged in a pattern of
noncompliance under this section.
(d) Description of Actions by the Secretary of State in Hague
Abduction Convention Countries.--Except as provided in subsection (f),
the actions by the Secretary of State referred to in this subsection
are--
(1) a demarche;
(2) an official public statement detailing unresolved
cases;
(3) a public condemnation;
(4) a delay or cancellation of 1 or more bilateral working,
official, or state visits;
(5) the withdrawal, limitation, or suspension of United
States development assistance in accordance with section 116 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n);
(6) the withdrawal, limitation, or suspension of United
States security assistance in accordance with section 502B of
the Foreign Assistance Act of 1961 (22 U.S.C. 2304);
(7) the withdrawal, limitation, or suspension of assistance
to the central government of a country pursuant to chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
et seq.; relating to the Economic Support Fund); and
(8) a formal request to the foreign country concerned to
extradite an individual who is engaged in abduction and who has
been formally accused of, charged with, or convicted of an
extraditable offense.
(e) Commensurate Action.--
(1) In general.--Except as provided in subsection (f), the
Secretary of State may substitute any other action authorized
by law for any action described in subsection (d) if the
Secretary determines that such action--
(A) is commensurate in effect to the action
substituted; and
(B) would substantially further the purposes of
this Act.
(2) Notification.--If commensurate action is taken pursuant
to this subsection, the Secretary shall submit a report to the
appropriate congressional committees that--
(A) describes such action;
(B) explains the reasons for taking such action;
and
(C) specifically describes the basis for the
Secretary's determination under paragraph (1) that such
action--
(i) is commensurate with the action
substituted; and
(ii) substantially furthers the purposes of
this Act.
(f) Resolution.--The Secretary of State shall seek to take all
appropriate actions authorized by law to resolve the unresolved case or
to obtain the cessation of such pattern of noncompliance, as
applicable.
(g) Humanitarian Exception.--Any action taken pursuant to
subsection (d) or (e) may not prohibit or restrict the provision of
medicine, medical equipment or supplies, food, or other life-saving
humanitarian assistance.
SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS.
As soon as practicable after the Secretary of State makes a
determination under section 201 in response to a failure to resolve
unresolved abduction cases or the Secretary takes an action under
subsection (d) or (e) of section 202, based on a pattern of
noncompliance, the Secretary shall request consultations with the
government of such country regarding the situation giving rise to such
determination.
SEC. 204. WAIVER BY THE SECRETARY OF STATE.
(a) In General.--Subject to subsection (b), the Secretary of State
may waive the application of any of the actions described in
subsections (d) and (e) of section 202 with respect to a country if the
Secretary determines and notifies the appropriate congressional
committees that--
(1) the government of such country--
(A) has satisfactorily resolved the abduction cases
giving rise to the application of any of such actions;
or
(B) has ended such country's pattern of
noncompliance; or
(2) the national security interest of the United States
requires the exercise of such waiver authority.
(b) Congressional Notification.--Not later than the date on which
the Secretary of State exercises the waiver authority under subsection
(a), the Secretary shall--
(1) notify the appropriate congressional committees of such
waiver; and
(2) provide such committees with a detailed justification
for such waiver, including an explanation of the steps the
noncompliant government has taken--
(A) to resolve abductions cases; or
(B) to end its pattern of noncompliance.
(c) Publication in Federal Register.--Subject to subsection (d),
the Secretary of State shall ensure that each waiver determination
under this section--
(1) is published in the Federal Register; or
(2) is posted on the Department of State website.
(d) Limited Disclosure of Information.--The Secretary of State may
limit the publication of information under subsection (c) in the same
manner and to the same extent as the President may limit the
publication of findings and determinations described in section 654(c)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2414(c)), if the
Secretary determines that the publication of such information would be
harmful to the national security of the United States and would not
further the purposes of this Act.
SEC. 205. TERMINATION OF ACTIONS BY THE SECRETARY OF STATE.
Any specific action taken under this Act or any amendment made by
this Act with respect to a foreign country shall terminate on the date
on which the Secretary of State submits a written certification to
Congress that the government of such country--
(1) has resolved any unresolved abduction case that gave
rise to such specific action; or
(2) has taken substantial and verifiable steps to correct
such country's persistent pattern of noncompliance that gave
rise to such specific action, as applicable.
TITLE III--PREVENTION OF INTERNATIONAL CHILD ABDUCTION
SEC. 301. PREVENTING CHILDREN FROM LEAVING THE UNITED STATES IN
VIOLATION OF A COURT ORDER.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
``SEC. 433. PREVENTION OF INTERNATIONAL CHILD ABDUCTION.
``(a) Program Established.--The Secretary, through the Commissioner
of U.S. Customs and Border Protection (referred to in this section as
`CBP'), in coordination with the Secretary of State, the Attorney
General, and the Director of the Federal Bureau of Investigation, shall
establish a program that--
``(1) seeks to prevent a child (as defined in section
1204(b)(1) of title 18, United States Code) from departing from
the territory of the United States if a parent or legal
guardian of such child presents a court order from a court of
competent jurisdiction prohibiting the removal of such child
from the United States to a CBP Officer in sufficient time to
prevent such departure for the duration of such court order;
and
``(2) leverages other existing authorities and processes to
address the wrongful removal and return of a child.
``(b) Interagency Coordination.--
``(1) In general.--The Secretary of State shall convene and
chair an interagency working group to prevent international
parental child abduction. The group shall be composed of
presidentially appointed, Senate confirmed officials from--
``(A) the Department of State;
``(B) the Department of Homeland Security,
including U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement; and
``(C) the Department of Justice, including the
Federal Bureau of Investigation.
``(2) Department of defense.--The Secretary of Defense
shall designate an official within the Department of Defense--
``(A) to coordinate with the Department of State on
international child abduction issues; and
``(B) to oversee activities designed to prevent or
resolve international child abduction cases relating to
active duty military service members.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 (6 U.S.C. 101 note) is amended by adding after the
item relating to section 432 the following:
``Sec. 433. Prevention of international child abduction.''.
SEC. 302. AUTHORIZATION FOR JUDICIAL TRAINING ON INTERNATIONAL PARENTAL
CHILD ABDUCTION.
(a) In General.--The Secretary of State, subject to the
availability of appropriations, shall seek to provide training,
directly or through another government agency or nongovernmental
organizations, on the effective handling of parental abduction cases to
the judicial and administrative authorities in countries--
(1) in which a significant number of unresolved abduction
cases are pending; or
(2) that have been designated as having a pattern of
noncompliance under section 202(b).
(b) Strategy Requirement.--Not later than 180 days after the date
of the enactment of this Act, the President shall submit a strategy to
carry out the activities described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Appropriations of the Senate; and
(4) the Committee on Appropriations of the House of
Representatives.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $1,000,000 for each of the fiscal years
2015 and 2016 to carry out subsection (a).
(2) Use of funds.--Amounts appropriated for the activities
set forth in subsection (a) shall be used pursuant to the
authorization and requirements under this section.
Calendar No. 450
113th CONGRESS
2d Session
H. R. 3212
[Report No. 113-204]
_______________________________________________________________________
AN ACT
To ensure compliance with the 1980 Hague Convention on the Civil
Aspects of International Child Abduction by countries with which the
United States enjoys reciprocal obligations, to establish procedures
for the prompt return of children abducted to other countries, and for
other purposes.
_______________________________________________________________________
June 26, 2014
Reported with an amendment