113 HR 1951 IH: Sean and David Goldman International Child Abduction Prevention and Return Act of 2013
U.S. House of Representatives
2013-05-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title and table of
contents
(a)This Act may be cited
as the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2013
.
(b)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.
Sec. 4. Funding.
Title I—Department of State actions
Sec. 101. Annual report.
Sec. 102. Standards and assistance.
Sec. 103. Memorandum of Understanding.
Sec. 104. Notification of congressional
representatives.
Title II—Presidential actions
Sec. 201. Presidential actions in response to unresolved
cases.
Sec. 202. Presidential actions in response to patterns of
noncooperation in cases of international child abductions.
Sec. 203. Consultations.
Sec. 204. Report to Congress.
Sec. 205. Presidential actions.
Sec. 206. Effects on existing contracts.
Sec. 207. Presidential waiver.
Sec. 208. Publication in Federal Register.
Sec. 209. Termination of Presidential actions.
Sec. 210. United States assistance.
Sec. 211. Multilateral assistance.
Sec. 212. Amendment to generalized system of preferences
eligibility for generalized system of preferences.
2.Findings; sense
of Congress; purposes
(a)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 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.
(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.
(3)The number of outgoing international child
abductions reported to the Central Authority of the United States has increased
substantially since 2006.
(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.
(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.
.
(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.
(7)The Central Authority of the United States
reports that nearly 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.
(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.
.
(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.
(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.
(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.
(b)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.
(c)The
purposes of this Act are to—
(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;
(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, the tools for assessing the
risk of abduction and denial of rights of access, and the practical means for
overcoming obstacles to recovering an abducted child;
(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;
(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;
(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
(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.
3.In this Act:
(1)The term abducted child means a child who is
the victim of an abduction.
(2)The term abduction
means—
(A)the alleged
wrongful removal of a child from the child’s country of habitual
residence;
(B)the alleged wrongful retention of a child
outside the child’s country of habitual residence; or
(C)the alleged
wrongful removal or retention of a military dependent child from the exercise
of rights of custody of a military parent.
(3)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.
(4)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.
(5)The term Annual Report means the Annual
Report on International Child Abduction required under section 101.
(6)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 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
(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.
(7)Appropriate
congressional committeesThe term appropriate congressional
committees means the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate.
(8)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 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
(C)in the case of a
nonparty country, the foreign ministry of such country.
(9)The
term child means an individual who has not attained the age of
16.
(10)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.
(11)Hague Abduction
ConventionThe term Hague Abduction Convention means
the Convention on the Civil Aspects of International Child Abduction, done at
The Hague on October 25, 1980.
(12)The term
left-behind parent means—
(A)regarding an
abduction, an individual or entity, either individually or jointly, who alleges
that an abduction has occurred that is in breach of rights of custody—
(i)attributed to such
individual or entity, as applicable; and
(ii)exercised at the
time of the abduction or that would have been exercised but for the abduction;
and
(B)regarding rights
of access, an individual with rights of custody who is requesting establishment
of rights of access or who alleges that rights of access are being
denied.
(13)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.
(14)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.
(15)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.
(16)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 rights of access cases in accordance with section 104.
(17)The term MOU country means a country with
respect to which the United States has entered into an MOU.
(18)The term
nonparty country means a country that is neither a Convention
country nor an MOU country.
(19)Pattern of
noncooperation
(A)The term pattern of noncooperation means the
persistent failure—
(i)of a
Convention country to implement and abide by the provisions of the Hague
Abduction Convention;
(ii)of
an MOU Country to implement and abide by the provisions of the applicable MOU;
and
(iii)of
a nonparty country to cooperate with the United States to expeditiously resolve
abduction cases and access cases within a reasonable period of time.
(B)Such
persistent failure may be evidenced by one or more of the following
criteria:
(i)The existence of
10 or more unresolved cases.
(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, or in the case of a nonparty country, the
repeated failure of the Central Authority of the country to cooperate with the
Central Authority of the United States to resolve unresolved cases.
(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, or in the case of a
nonparty country, the failure of the appropriate judicial or administrative
branch of the national government of the country to expeditiously deliberate
and render a decision in abduction cases and access cases.
(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.
(20)The term rights
of access means the rights of contact between a child and a left-behind
parent that may arise—
(A)as a provisional
measure while an abduction case is pending; and
(B)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.
(21)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—
(A)attributed to an
individual or entity, either individually or jointly, and
(B)arising by operation of law or by reason of
a judicial or administrative decision, or by reason of an agreement having
legal effect,
under the
law of the country in which the child was an habitual resident immediately
before the abduction.(22)Unresolved
abduction case
(A)Subject to
subparagraph (B), the term unresolved abduction case means an
abduction case that remains unresolved for a period that exceeds 6 weeks after
the date on which the 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)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 MOU, if applicable;
(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
(iii)the child
attains the age of 16.
(23)
(A)Subject to subparagraph (B), the term unresolved
access case means an access case that remains unresolved for a period
that exceeds 6 weeks after the date on which the application for the
establishment of rights of access is submitted to the judicial or
administrative authority, as applicable, in the country in which the child is
located.
(B)An access case shall be considered to be resolved if—
(i)rights of access
are established for the left-behind parent and such parent is allowed access to
the child in accordance with such rights;
(ii)a
final determination is made by the appropriate administrative or judicial
entity in the country in which the child is located that the left-behind parent
does not have rights of access and the United States Central Authority
concludes that such determination is in accordance with applicable
international standards; or
(iii)the abduction
case related to the unresolved access case is resolved.
(24)The term unresolved cases means unresolved
abduction cases and unresolved access cases.
4.Amounts necessary to carry out this Act
shall be taken out of the discretionary funds available to the Secretary of
State for each of the fiscal years 2014 through 2018.
<enum>I</enum><header>Department of
State actions</header>
<section id="H670EDB2BC4DE4F008610C3BBB9473D83"><enum>101.</enum><header>Annual
report</header>
<subsection id="H80701D633E7844E2896DBC6C9DF28FD6"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H1A40B7B8DFF141B9919EC23688EDB074"><enum>(b)</enum><header>Contents</header><text>Each
Annual Report shall, with respect to the preceding year, include the
following:</text>
<paragraph id="HA84BA53711FA42E8BB7F30509D4C0199"><enum>(1)</enum><text>For each country
with respect to which there was 1 or more abduction cases:</text>
<subparagraph id="HB29388FAE4F34CD2ABBCC541A8C6482D"><enum>(A)</enum><text display-inline="yes-display-inline">Whether the country is a Convention
country, an MOU country, or a nonparty country.</text>
</subparagraph><subparagraph id="H6E83FC81498E4938825E17F43EFE0CE4"><enum>(B)</enum><text>The number of
abduction cases and the number of rights of access cases, respectively,
reported.</text>
</subparagraph><subparagraph id="H9761D1BBC30C4BEC8270D359A8934DFC"><enum>(C)</enum><text>The number of
abduction cases and the number of access cases, respectively, that are
pending.</text>
</subparagraph><subparagraph id="H9AC963C599514BC197441636A0400BD8"><enum>(D)</enum><clause commented="no" display-inline="yes-display-inline" id="H137EDFA23CD04661B3568D0E53377E46"><enum>(i)</enum><text>The number of abduction
cases and the number of access cases, respectively, that were pending at any
point for more than 90 days after the date on which the Central Authority of
the United States transmitted the 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 90-day period.</text>
</clause><clause id="H84667D1FE1FC4A8380E7156E5131273D" indent="up1"><enum>(ii)</enum><text>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.</text>
</clause></subparagraph><subparagraph id="HA0A47E6AD0DF47C0AAE7A85E144FC83D"><enum>(E)</enum><text>The number of
unresolved abduction cases and unresolved access cases, respectively, and the
length of time each case has been pending.</text>
</subparagraph><subparagraph id="HF0700AF5F9E34DC99110BD75D34062F6"><enum>(F)</enum><text>The number of
unresolved cases in which law enforcement has failed to locate the abducted
child or to enforce a return order or determinations of rights of access
rendered by the judicial or administrative authorities of such country.</text>
</subparagraph><subparagraph id="HADC274811CAB488CB0F24EDC0AD43EF8"><enum>(G)</enum><text display-inline="yes-display-inline">The median time required for resolution of
abduction cases and access cases, respectively, to be measured from the date on
which the application with respect to the abduction case or access 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 or access
case is resolved.</text>
</subparagraph><subparagraph id="H27D2FB9558C740CCAB14C3DADC1CCC3F"><enum>(H)</enum><text display-inline="yes-display-inline">The percentage of the total number of
abduction cases and access cases, respectively, resolved.</text>
</subparagraph><subparagraph id="H035E10830A414C84B5A5F93AD190666A"><enum>(I)</enum><text>Detailed
information about each case described in subparagraph (C) 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.</text>
</subparagraph><subparagraph id="H4634BCCE1AB744E4A44266D0A3EFFD81"><enum>(J)</enum><text display-inline="yes-display-inline">Recommendations to improve resolution of
abduction cases and access cases.</text>
</subparagraph></paragraph><paragraph id="HB3AC2C97F7084D0EB6D6AF5B8F3F5306"><enum>(2)</enum><text display-inline="yes-display-inline">The number of abducted children from the
United States who were returned to the United States from Conventions
countries, MOU countries, and nonparty countries, respectively.</text>
</paragraph><paragraph id="H175132A56560450C8721FE83A3DA7B9B"><enum>(3)</enum><text>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.</text>
</paragraph><paragraph id="H4828D3CB1B664A3B9DA53DCCBBA3BAD0"><enum>(4)</enum><text>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.</text>
</paragraph><paragraph id="H86C8334D3A3F464AA396E72279AA1A0B"><enum>(5)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="HAE4D34E0628449FCA1794081C6A594D6"><enum>(A)</enum><text>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.</text>
</subparagraph><subparagraph commented="no" id="H152B824BD25F42F0B4413A5EA6501FDD" indent="up1"><enum>(B)</enum><text>The efforts referred to in
subparagraph (A) shall include efforts to address pending abduction cases and
access cases in such country.</text>
</subparagraph></paragraph><paragraph id="HBE780578DD3142629540A006A0436AB1"><enum>(6)</enum><text>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.</text>
</paragraph></subsection><subsection id="HB6FAC5145A7F4B288C2C35CB6E63A169"><enum>(c)</enum><header>Exception</header><text>The
Annual Report shall not include—</text>
<paragraph id="HA52F297422944159933B774FFE56632D"><enum>(1)</enum><text>the names of
left-behind parents or children involved in abduction cases or access cases;
or</text>
</paragraph><paragraph id="HC2CD2DF4412648DFB32E4109759C936D"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="H0722185C5795446FA36CAEDB88C34C35"><enum>(d)</enum><header>Additional
thematic sections</header><text>Each Annual Report shall also include—</text>
<paragraph id="HB68FC2F9B1CB454C9ED4D80DA3FF3B9A"><enum>(1)</enum><text>information on the
number of unresolved cases affecting left-behind parents who are military
parents and a summary of assistance offered to such left-behind parents;</text>
</paragraph><paragraph id="HE663A64F487E49E7A5F5146CE54CCB98"><enum>(2)</enum><text>information on the
use of airlines in abductions, including which airlines have been utilized to
carry out an abduction, voluntary airline practices to prevent abductions, and
recommendations for best airline practices to prevent abductions;</text>
</paragraph><paragraph id="H5069077290884B479C1E4D3ABC1C2602"><enum>(3)</enum><text display-inline="yes-display-inline">information on actions taken by the Central
Authority of the United States to train domestic judges in application of the
Hague Abduction Convention; and</text>
</paragraph><paragraph id="H68EB681B9B3C4A4D96C197A8BC8EAB66"><enum>(4)</enum><text>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.</text>
</paragraph></subsection><subsection id="HF9C1EC1A686E47CFAE62085461F77142"><enum>(e)</enum><header>Repeal of the
Hague Convention compliance report</header><text>Section 2803 of the Foreign
Affairs Reform and Restructuring Act of 1998 (<external-xref legal-doc="usc" parsable-cite="usc/42/11611">42 U.S.C. 11611</external-xref>) is
repealed.</text>
</subsection></section><section id="H41F7E4E4D4DF42DCBC6E4A6CC33E64E3"><enum>102.</enum><header>Standards and
assistance</header><text display-inline="no-display-inline">The Secretary of
State shall ensure that United States diplomatic and consular missions
abroad—</text>
<paragraph id="H18C718FACDA5494E873A189AFE54DE0F"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H334D0BD48398421F96E184442C09A411"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="H5578B947BE064DA7B3E2B1CE0B886760"><enum>(3)</enum><text>monitor
developments in cases involving abducted children in the country in which such
mission is located.</text>
</paragraph></section><section id="H6595603F193446EF938C03FE6EC859B9"><enum>103.</enum><header>Memorandum of
Understanding</header>
<subsection id="H5B60DFFB313445D1BC53F5D422247498"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">The Secretary of
State shall seek to enter into an MOU with every country that is not a
Convention country.</text>
</subsection><subsection id="H0553B927B084491F9A45B3C106443221"><enum>(b)</enum><header>MOU
provisions</header><text>An MOU shall include, with respect to the applicable
MOU country—</text>
<paragraph id="H68FFC96B54434A2C9CEF8F10961351D2"><enum>(1)</enum><text>identification of
the Central Authority;</text>
</paragraph><paragraph commented="no" id="HE69D4D598FCC48789D4C9FBF4A44924A"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="H10832ACAE54D4CEEA0EED49FCC246194"><enum>(3)</enum><text>a
protocol for the establishment and protection of the rights of access;</text>
</paragraph><paragraph id="H81D07B95C0A0465D818534F1FB4F7EB0"><enum>(4)</enum><text>identification of
the judicial or administrative authority that will promptly adjudicate
abduction cases and access cases;</text>
</paragraph><paragraph id="H228A02DE7AE24B37939077F6990B2D04"><enum>(5)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph id="H59F2C3052C9C465D998E716CE4A04298"><enum>(A)</enum><text>conducting an
investigation to ascertain the location of the abducted child;</text>
</subparagraph><subparagraph id="HE42F355BF0B0469CA843C4CAF50A3992"><enum>(B)</enum><text>providing
protection to the abducted child after such child is located; and</text>
</subparagraph><subparagraph id="H87D7E3945A7845528F4783DF0E027350"><enum>(C)</enum><text>retrieving the
abducted child and making the appropriate arrangements for such child to be
returned to the country of habitual residence;</text>
</subparagraph></paragraph><paragraph id="H9A3C3BAAC8964F3C8165A0EDB0028F47"><enum>(6)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="H591BCD9719744CD591C986B7964D02A2"><enum>(7)</enum><text>such other
provisions as determined to be appropriate by the Secretary of State.</text>
</paragraph></subsection><subsection id="H0A49B2A41EA2414CBF2B8DF43BBAC121"><enum>(c)</enum><header>Rule of
construction</header>
<paragraph id="H8D1D1F3A49D44FF397CB744C83FD6591"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph commented="no" id="H7DFE002354794A019A0783845227BA82"><enum>(2)</enum><header>Treatment of
obligations of Convention country</header><text>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.</text>
</paragraph></subsection></section><section id="H2DA86922A3FF4B9DB5CB342E27AEDE23"><enum>104.</enum><header>Notification of
congressional representatives</header>
<subsection id="H0E4EA9AABA364B79BCF8BF754F50DCC9"><enum>(a)</enum><header>Notification</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H5D88393610BF4F36B57C77C6213B7A51"><enum>(b)</enum><header>Exception</header><text>The
notification requirement under subsection (a) shall not apply if the
left-behind parent does not consent to the notification described in such
subsection.</text>
</subsection><subsection commented="no" id="H06A641B3C3264A19B700986E26BEF5E2"><enum>(c)</enum><header>Member of
Congress defined</header><text>In this section, the term <term>Member of
Congress</term> means a Representative in, or Delegate or Resident Commissioner
to, the Congress.</text>
</subsection></section><enum>II</enum><header>Presidential
actions</header>
<section id="H6DC3DDB76E884718AB0CEC7E7FC2D344"><enum>201.</enum><header>Presidential
actions in response to unresolved cases</header>
<subsection id="HA6AEE7B38220478093FB8DDCB9C38913"><enum>(a)</enum><header>Response to
international child abductions</header>
<paragraph id="H2C9FDA6E399C4622B1925CD11B688472"><enum>(1)</enum><header>United States
policy</header><text>It shall be the policy of the United States to—</text>
<subparagraph id="HB5E975CFB3BC4C26B4BC7763BC535E01"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="HE0DC97F3C1FA4508A99120C99710CD25"><enum>(B)</enum><text display-inline="yes-display-inline">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 and access cases through 1
or more of the actions described in section 205.</text>
</subparagraph></paragraph><paragraph id="HF39CAFB40EF2426988A6705059DF435B"><enum>(2)</enum><header>Requirement of
Presidential Action</header><text>Whenever the President determines that the
government of a foreign country has failed to resolve an unresolved abduction
case or unresolved access case, the President shall oppose such failure through
one or more of the actions described in subsection (b).</text>
</paragraph></subsection><subsection id="HB828644CD81E441AA720EF954E3B2AEC"><enum>(b)</enum><header>Presidential
actions</header>
<paragraph id="H8C367550C0FF46C2B6074CBD2691E735"><enum>(1)</enum><header>In
general</header><text>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 1 or more of the actions described in
paragraphs (1) through (18) of section 205(a) (or commensurate action as
provided in section 205(b)) with respect to such country.</text>
</paragraph><paragraph id="HDFBD2AEA2ADC4683BC8BC55980F2D55A"><enum>(2)</enum><header>Deadline for
actions</header>
<subparagraph id="HE1ED6BC027CD41B9B8F8B48C9408ECE8"><enum>(A)</enum><header>In
general</header><text>Except as provided in subparagraph (B), not later than
March 31 of each year, the President shall take 1 or more of the actions
described in paragraphs (1) through (18) 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 or
access case that is pending as of such date.</text>
</subparagraph><subparagraph id="H87E9E6CC3EEC4700BC16D75D18AA282E"><enum>(B)</enum><header>Exception</header><text>In
the case of an action under any of paragraphs (11) through (18) of section
205(a) (or commensurate action as provided in section 205(b))—</text>
<clause id="HAEC47E48E7804E5BB64A3987913CD3A1"><enum>(i)</enum><text>the
action may only be taken after the requirements of sections 203 and 204 have
been satisfied; and</text>
</clause><clause id="H6D80D14DB65D46FEBF543195322EBEEB"><enum>(ii)</enum><text>the
March 31 deadline to take the action shall not apply.</text>
</clause></subparagraph></paragraph><paragraph id="HD7AB1927B7154C878B3D91C7661BEEEB"><enum>(3)</enum><header>Authority for
delay of presidential actions</header><text display-inline="yes-display-inline">The President may delay action described in
any of the paragraphs (11) through (18) 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 a single, additional period of time, not to exceed 90 days, is
necessary—</text>
<subparagraph id="H7B522EC009FD46C388645D77EA2B4FA1"><enum>(A)</enum><text>for a continuation
of negotiations that have been commenced with the country to resolve the
unresolved case; or</text>
</subparagraph><subparagraph id="H141FB4798B2146418BF6C2AE1698010A"><enum>(B)</enum><text>in anticipation
that the case will be resolved by such country during such 90-day
period.</text>
</subparagraph></paragraph></subsection><subsection id="H054D712C34724E17873260F0EA0ACC0F"><enum>(c)</enum><header>Implementation</header>
<paragraph id="H83BCC71204F8419E9BAAED0629EDD4ED"><enum>(1)</enum><header>In
general</header><text>In carrying out subsection (b), the President
shall—</text>
<subparagraph id="HC47506A125E3425885942A14832C2E07"><enum>(A)</enum><text>take 1 or more
actions that most appropriately respond to the nature and severity of the
failure to resolve the unresolved cases; and</text>
</subparagraph><subparagraph id="HC1EAB5089B824C3AAD1901638725B35D"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="H15FF9343BC9448BE936ED1B4EF4300E9"><enum>(2)</enum><header>Guidelines for
presidential actions</header><text>In addition to the guidelines under
paragraph (1), the President, in determining whether to take 1 or more actions
under paragraphs (11) through (18) of section 205(a) (or commensurate action as
provided in section 205(b)), shall seek to minimize any adverse impact
on—</text>
<subparagraph id="H2A76F34977574430B589C1AB9385C6AE"><enum>(A)</enum><text>the population of
the country whose government is targeted by the action or actions; and</text>
</subparagraph><subparagraph id="HF282F8E8230043D1A1B2967A32164435"><enum>(B)</enum><text>the humanitarian
activities of United States and foreign nongovernmental organizations in the
country.</text>
</subparagraph></paragraph></subsection></section><section id="H763D2ED7612A42A7924B2E925A50DE19"><enum>202.</enum><header>Presidential
actions in response to patterns of noncooperation in cases of international
child abductions</header>
<subsection id="H36D347DD3A804D309C49EDB742FCA4A2"><enum>(a)</enum><header>Response to a
pattern of noncooperation</header>
<paragraph id="HF4343297196B4589B51D673A800363AD"><enum>(1)</enum><header>United states
policy</header><text>It shall be the policy of the United States to—</text>
<subparagraph id="HEA68857AC5944A109FF91A3EC2013B89"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H49AA2B2A0E1F450D9E85EFC622EA85B6"><enum>(B)</enum><text>promote
reciprocity pursuant to and compliance with the Hague Abduction Convention by
Convention countries and compliance with the applicable MOU by MOU
countries.</text>
</subparagraph></paragraph><paragraph commented="no" id="HFAD861B25B6149CF84EE0EE0A48BAE41"><enum>(2)</enum><header>Requirement of
presidential action</header><text>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 cases through one or
more of the actions described in subsection (c).</text>
</paragraph></subsection><subsection id="HFFF635CF0427478EA4F06D2B8BB5CD22"><enum>(b)</enum><header>Designations of
countries with patterns of noncooperation in cases of international child
abduction</header>
<paragraph id="HCC2C384D04FB463588D6F774DD2CCF2D"><enum>(1)</enum><header>Annual
review</header>
<subparagraph id="HE7EE6FFC711543B889A09666F3CBF52F"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="HE171BE0FFFF946B1B6AB7717E83EBDE9"><enum>(B)</enum><header>Basis of
review</header><text display-inline="yes-display-inline">Each review conducted
under subparagraph (A) shall be based upon information contained in the latest
Annual Report and on any other evidence available.</text>
</subparagraph></paragraph><paragraph id="H04AE546FE538408EAB7FDF0B3070CF70"><enum>(2)</enum><header>Determinations
of responsible parties</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="HA7A71B91CE644C26A4BC7460632B2309"><enum>(3)</enum><header>Congressional
notification</header><text>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—</text>
<subparagraph id="H733A882265C14CC89294AE0C78681517"><enum>(A)</enum><text>the designation of
the country, signed by the President; and</text>
</subparagraph><subparagraph id="H6120809F49B14FB1A700BD10A14D0B2F"><enum>(B)</enum><text display-inline="yes-display-inline">the identification, if any, of responsible
agencies or instrumentalities determined under paragraph (2).</text>
</subparagraph></paragraph></subsection><subsection id="H61C2664105D9499C8808848A8EC23B24"><enum>(c)</enum><header>Presidential
actions with respect to a Country With a Pattern of Noncooperation</header>
<paragraph id="H97E63B44BF944CC38B3F8591A3F7075E"><enum>(1)</enum><header>In
general</header><text>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 1 or more of the actions under paragraphs (11) through (18) of
section 205(a) (or commensurate action as provided in section 205(b)).</text>
</paragraph><paragraph commented="no" id="HD5025CB8148E42DFAB387513187D81C5"><enum>(2)</enum><header>Authority for
delay of presidential actions</header><text>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—</text>
<subparagraph commented="no" id="HABEF83CAC02844DA8A07A7E0B6015CA6"><enum>(A)</enum><text>for a continuation
of negotiations that have been commenced with the government of such country to
bring about a cessation of the pattern of noncooperation by such country,
or</text>
</subparagraph><subparagraph id="H3795A88D681948F498BDCD18548FC66B"><enum>(B)</enum><text>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,</text>
</subparagraph><continuation-text continuation-text-level="paragraph">the
President shall not be required to take such action until the expiration of
such period of time.</continuation-text></paragraph><paragraph commented="no" id="HC240B1821F684F61B6261BDF0F20DDBF"><enum>(3)</enum><header>Exception for
ongoing presidential action</header>
<subparagraph id="H0757742A29384288A1DA71E5C93900CF"><enum>(A)</enum><header>In
general</header><text>The President shall not be required to take action under
paragraph (1) with respect to a Country With a Pattern of Noncooperation
if—</text>
<clause id="H894FFC761823418DAB92C2F4228521F4"><enum>(i)</enum><text display-inline="yes-display-inline">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</text>
</clause><clause id="HFD6940FF025E4E6DBDD0E51B36D5B48A"><enum>(ii)</enum><text display-inline="yes-display-inline">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.</text>
</clause></subparagraph><subparagraph id="H92CB2F7A3096439391035EBD043D05E5"><enum>(B)</enum><header>Additional
requirements</header><text display-inline="yes-display-inline">If the President
makes a determination under subparagraph (A)(ii)—</text>
<clause id="H9216821E5A9B4200A38E63F6ECD9602A"><enum>(i)</enum><text display-inline="yes-display-inline">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</text>
</clause><clause id="H54E3779CDB984CFB9C18A4B202D7E572"><enum>(ii)</enum><text display-inline="yes-display-inline">such sanctions shall remain in effect
subject to section 209.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H7376CF60F6C84216B874FF9606EF8D35"><enum>(d)</enum><header>Rule of
construction</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151">22 U.S.C. 2151(n)</external-xref> or 2304).</text>
</subsection></section><section id="H762D21A73AC44F4A896F6EF4AE7AF871"><enum>203.</enum><header>Consultations</header>
<subsection id="HF839AC51FD62476980FD3034D5A7F344"><enum>(a)</enum><header>Duty To consult
with foreign governments</header>
<paragraph id="HFEA70496D13F40CEB42CA24D304F74C0"><enum>(1)</enum><header>In
general</header><text>As soon as practicable after the President makes a
determination under section 201 in response to failures to resolve unresolved
cases and the President decides to take action under paragraphs (11) through
(18) 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—</text>
<subparagraph id="H25198F53DE92428893E412D8E383546F"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="HD24451EDE41B49FD907F76DF300E578D"><enum>(B)</enum><text>if agreed to,
enter into such consultations with such country, privately or publicly.</text>
</subparagraph></paragraph><paragraph commented="no" id="HBBBEDD4B2C0A40A5924D6A8D3FEA6C2E"><enum>(2)</enum><header>Duty To consult
with left-behind parents</header><text display-inline="yes-display-inline">The
President shall consult with left-behind parents who have an abduction case
involving a child located in the country referenced in paragraph (1)(A), or
designated representatives or representative groups of such left-behind
parents, during the course of the consultations conducted pursuant to paragraph
(1) concerning the potential impact of such consultations on the resolution of
such cases.</text>
</paragraph></subsection></section><section id="H9C0DBA9ACBD04A8D84ADCCAC4623502A"><enum>204.</enum><header>Report to
Congress</header>
<subsection id="H38C58C7C71D04FE290347238AADE8177"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">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 cases and the
President decides to take action under paragraphs (11) through (18) 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:</text>
<paragraph commented="no" id="H4B3772ED0D014B8DBDC76BFA01E7E0E3"><enum>(1)</enum><header>Identification
of presidential actions</header><text>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.</text>
</paragraph><paragraph commented="no" id="H871FADBF92B84F2395E6A27DB4DB9B0A"><enum>(2)</enum><header>Description of
violations</header><text>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.</text>
</paragraph><paragraph commented="no" id="HB043C19F20D347309A46B64004E86F0F"><enum>(3)</enum><header>Purpose of
presidential actions</header><text>A description of the purpose of the action
or actions.</text>
</paragraph><paragraph commented="no" id="HE4C4FA800F00426D86E91F32FD9D5EFF"><enum>(4)</enum><header>Evaluation</header>
<subparagraph commented="no" id="H38E960ABBEEF45F4A6A15EB4DA73F06D"><enum>(A)</enum><header>Description</header><text>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—</text>
<clause commented="no" id="H7AC93AF739184F298C13D4B8A763F957"><enum>(i)</enum><text>pending abduction
cases in such country;</text>
</clause><clause commented="no" id="H45AEF7302F9B4CCC8D5A50CB9C544007"><enum>(ii)</enum><text>the government of
such country;</text>
</clause><clause commented="no" id="HD8AB24889D5F4920952A0AA0A5D05F13"><enum>(iii)</enum><text>the population
of such country;</text>
</clause><clause commented="no" id="HFC9286173193412092C8618D1EDC9DFC"><enum>(iv)</enum><text>the United States
economy;</text>
</clause><clause id="H9FD50D28A303448E93FAAD2CB1F60580"><enum>(v)</enum><text>other interested
parties; and</text>
</clause><clause id="HF485B75E540843D08184679ABA2824B9"><enum>(vi)</enum><text>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.</text>
</clause></subparagraph><subparagraph commented="no" id="HA45344CF9EAB43CF99A9E38438D5333D"><enum>(B)</enum><header>Form</header><text>The
evaluation under subparagraph (A) shall be transmitted in unclassified form,
but may contain a classified annex if necessary.</text>
</subparagraph></paragraph><paragraph id="H0BB9CAE71DA749A786AB1AF0E210A9AF"><enum>(5)</enum><header>Statement of
Policy Options</header><text>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.</text>
</paragraph></subsection><subsection id="HDBC30F2D1BFE4687BF85255FECC28CC3"><enum>(b)</enum><header>Delay in
transmittal of report</header><text>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.</text>
</subsection></section><section id="HB362E5EE9E2F4BB29C013BC122EAB1B3"><enum>205.</enum><header>Presidential
actions</header>
<subsection id="H23D87989E6EC46E8993261F540FE1518"><enum>(a)</enum><header>Description of
presidential actions</header><text display-inline="yes-display-inline">Except
as provided in subsection (c), the Presidential actions referred to in this
subsection are the following:</text>
<paragraph id="H44BF102DEC184407BEAD1DAC842D38E4"><enum>(1)</enum><text>A
private demarche.</text>
</paragraph><paragraph id="H3DA850A3AE4B4480A4DEC8731CAD768F"><enum>(2)</enum><text>An official public
demarche.</text>
</paragraph><paragraph id="H7145BCB13A08478CB24632BC9E938184"><enum>(3)</enum><text>A
public condemnation.</text>
</paragraph><paragraph id="H3E063012A4CE4B999B1CEC36AD2B4A57"><enum>(4)</enum><text>A
public condemnation within one or more multilateral fora.</text>
</paragraph><paragraph id="H9DCDD9386AC948C5B92BB270D40A5B0F"><enum>(5)</enum><text>The delay or
cancellation of one or more scientific exchanges.</text>
</paragraph><paragraph id="H7DB9FDBC4A2F4184B577EA156D8CB1E6"><enum>(6)</enum><text>The delay or
cancellation of one or more cultural exchanges.</text>
</paragraph><paragraph id="H027D917630AD4B319804F06BBA9536BE"><enum>(7)</enum><text>The denial of one
or more working, official, or state visits.</text>
</paragraph><paragraph id="H2D9D5D652C334F058123EC5E4CB5E5EF"><enum>(8)</enum><text>The delay or
cancellation of one or more working, official, or state visits.</text>
</paragraph><paragraph commented="no" id="H48C76A25DD1B498E8805CF1E10B88E58"><enum>(9)</enum><text display-inline="yes-display-inline">A formal request to the foreign country
concerned to extradite the individual who is engaged in abduction.</text>
</paragraph><paragraph id="HA8BD330D65E545B28C5DCD1AA4BCC4DC"><enum>(10)</enum><text display-inline="yes-display-inline">The restriction of the number of visas
issued to nationals of such country pursuant to subparagraphs (F), (J), or (M)
of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)).</text>
</paragraph><paragraph id="H75BDBE76DBCB46B8A654AF10A776DFD2"><enum>(11)</enum><text>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).</text>
</paragraph><paragraph commented="no" id="H488796CB31DB4CD7896905781B104829"><enum>(12)</enum><text>Directing the
Export-Import Bank of the United States, the Overseas Private Investment
Corporation, or the Trade and Development Agency not to approve the issuance of
any (or a specified number of) guarantees, insurance, extensions of credit, or
participations in the extension of credit with respect to such government or
the agency or instrumentality of such government determined by the President to
be responsible for such unresolved case or pattern of noncooperation, as
applicable.</text>
</paragraph><paragraph id="H26525E7ED5A24D66834BFE694FAB1B21"><enum>(13)</enum><text>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).</text>
</paragraph><paragraph id="H6ADD0F41A6B544A88CB20FF57FE3E095"><enum>(14)</enum><text>In accordance
with section 701 of the International Financial Institutions Act of 1977 (22
U.S.C. 262d), directing the United States executive directors of international
financial institutions to oppose and vote against loans primarily benefitting
such government or the agency or instrumentality of such government determined
by the President to be responsible for such unresolved case or pattern of
noncooperation, as applicable.</text>
</paragraph><paragraph commented="no" id="H74F8C9C111884AA0B99B126B3FE509E2"><enum>(15)</enum><text>The denial,
withdrawal, suspension, or limitation of benefits provided pursuant to title V
of the Trade Act of 1974 (<external-xref legal-doc="usc" parsable-cite="usc/19/2461">19 U.S.C. 2461 et seq.</external-xref>), relating to the Generalized
System of Preferences.</text>
</paragraph><paragraph id="H236036D0DC4A440F85F0FAD8210CD2F9"><enum>(16)</enum><text>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—</text>
<subparagraph id="HFF7A8D671E36401998E26B9CE9BCF8D2"><enum>(A)</enum><text>the Export
Administration Act of 1979 (as continued in effect under the International
Emergency Economic Powers Act);</text>
</subparagraph><subparagraph id="H7E81AD6A8B8A416E9EEFCB5903620FB1"><enum>(B)</enum><text>the Arms Export
Control Act;</text>
</subparagraph><subparagraph id="H2B44738F53FE427F894697B0AFFE3C90"><enum>(C)</enum><text>the Atomic Energy
Act of 1954; or</text>
</subparagraph><subparagraph id="H71348BD74EED4649A181B897FE605EA8"><enum>(D)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="H7DCEF56A28664B32B7AECCAA947329F6"><enum>(17)</enum><text>Prohibiting any
United States financial institution from making loans or providing credits
totaling more than $10,000,000 in any 12-month period 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.</text>
</paragraph><paragraph id="H9D10942767114568A8F51644D8D3E0EB"><enum>(18)</enum><text>Prohibiting the
United States Government from procuring, or entering into any contract for the
procurement of, any goods or services from such government or from the agency
or instrumentality of such government determined by the President to be
responsible for such unresolved case or pattern of noncooperation, as
applicable.</text>
</paragraph></subsection><subsection id="HBC01CC1BED404F1AAE38E01CBD2E3C2A"><enum>(b)</enum><header>Commensurate
action</header><text>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.</text>
</subsection><subsection id="H30B7E4A54AC64B26AAE5B693F3F9CE44"><enum>(c)</enum><header>Exceptions</header><text>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.</text>
</subsection></section><section id="H7304674A294A4552B5E7D20EA2FBB18D"><enum>206.</enum><header>Effects on
existing contracts</header><text display-inline="no-display-inline">The
President shall not be required to apply or maintain any action under section
205—</text>
<paragraph id="HA7C4E091E9EA459887D4EE349B942834"><enum>(1)</enum><text>in the case of
procurement of defense articles or defense services—</text>
<subparagraph id="HEC6A76C9B0FB48598FC4DA672A2FB1AB"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="H251E75A2677542EE96E278A6FFA9023D"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="H988C2721A4F64647AB7B6C3FE9E06825"><enum>(C)</enum><text>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</text>
</subparagraph></paragraph><paragraph commented="no" id="HF36002D7A93D45E38A0C44FAB7AC1430"><enum>(2)</enum><text>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.</text>
</paragraph></section><section id="HC9BF3708E2514F04AF10C67015AC65FA"><enum>207.</enum><header>Presidential
waiver</header>
<subsection id="H54DB9D85E46F4819A16AE0025B689D14"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Subject to subsection
(b), the President may waive the application of any of the actions described in
paragraphs (11) through (18) 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—</text>
<paragraph id="H589D456786A64C1F9C81B7B9BA59CFCD"><enum>(1)</enum><text>the government of
such country has satisfactorily resolved any abduction cases or access cases
giving rise to the application of any of such actions and—</text>
<subparagraph id="H0C0B5005CCB94F77ADCDD4F58446C749"><enum>(A)</enum><text>if such country is
a Convention country, such country has taken measures to ensure future
compliance with the provisions of the Hague Abduction Convention;</text>
</subparagraph><subparagraph id="H99F39D499BED44199ED071D8A2164AC5"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="H70596AE643F34887B045E9C99EA81A15"><enum>(C)</enum><text>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;</text>
</subparagraph></paragraph><paragraph id="H8F49907F827241A8A56C9E07B5B800FE"><enum>(2)</enum><text>the exercise of
such waiver authority would further the purposes of this Act; or</text>
</paragraph><paragraph id="HA4E5CF517E8341B1BF401A3565824BAD"><enum>(3)</enum><text>the important
national interest of the United States requires the exercise of such waiver
authority.</text>
</paragraph></subsection><subsection id="H62865B87BA1748BF8939AFBC879E44BA"><enum>(b)</enum><header>Congressional
notification</header><text>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.</text>
</subsection></section><section id="HF1D5951B8ECB489BAC9FD876D6164F4A"><enum>208.</enum><header>Publication in
Federal Register</header>
<subsection id="HADBD4965FDAD44F1BBA6231ED17ECEEB"><enum>(a)</enum><header>In
general</header><text>Subject to subsection (b), the President shall ensure
publication in the Federal Register of the following:</text>
<paragraph id="HCF760B3E84D84434BC59E2A3DE956BB6"><enum>(1)</enum><header>Determinations
of governments, agencies, instrumentalities of countries with patterns of
noncooperation</header><text display-inline="yes-display-inline">Any
designation of a country that the President has designated as a Country With a
Pattern of Noncooperation under section 202(b)(1), together with, when
applicable and to the extent practicable, the identities of agencies or
instrumentalities determined to be responsible for such pattern of
noncooperation.</text>
</paragraph><paragraph id="HA28A60B34ED044CBB4BA8882C9BED5E5"><enum>(2)</enum><header>Presidential
actions</header><text display-inline="yes-display-inline">A description of any
action under paragraphs (11) through (18) of section 205(a) (or commensurate
action as provided in section 205(b)) and the effective date of such
action.</text>
</paragraph><paragraph id="H1937BB99AA094C87BC128351B6D6B0D0"><enum>(3)</enum><header>Delays in
transmittal of presidential action reports</header><text>Any delay in
transmittal of a report required under section 204.</text>
</paragraph><paragraph id="H7580DA616C7F45CEB5C964AE9D85F42D"><enum>(4)</enum><header>Waivers</header><text>Any
waiver issued under section 207.</text>
</paragraph></subsection><subsection id="HBEDCD6E148AA49D19B6A89AD7CF6FA5F"><enum>(b)</enum><header>Limited
disclosure of information</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/22/2414">22 U.S.C. 2414(c)</external-xref>), if
the President determines that the publication of such information—</text>
<paragraph id="H88C8C9D8E3BC4D0CA29E2085E54670FC"><enum>(1)</enum><text>would be harmful
to the national security of the United States; or</text>
</paragraph><paragraph id="HF505012A2BA84AC2BD1286F2CCCA1EEC"><enum>(2)</enum><text>would not further
the purposes of this Act.</text>
</paragraph></subsection></section><section commented="no" id="HF756832CA5CE4C7C95774D6CC8716F0C"><enum>209.</enum><header>Termination of
Presidential actions</header><text display-inline="no-display-inline">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:</text>
<paragraph commented="no" id="HB2F6D6705A2042FDA9A8CC4901B7B72A"><enum>(1)</enum><text>Not later than two
years after the effective date of such action unless expressly reauthorized by
law.</text>
</paragraph><paragraph commented="no" id="H2F1C6316BCE3451A878D8CB9DBADE782"><enum>(2)</enum><text>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 case or has taken substantial and verifiable steps to correct the
pattern of noncooperation at issue, as applicable, that gave rise to such
action.</text>
</paragraph></section><section id="HAF542C3ACC8B4E968DC44F562CED2DB2"><enum>210.</enum><header>United States
assistance</header>
<subsection id="HFE63739C38E643BAAEA6624B1FA928A3"><enum>(a)</enum><header>Implementation
of prohibition on economic assistance</header><text display-inline="yes-display-inline">Section 116(c) of the Foreign Assistance
Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2151n">22 U.S.C. 2151n(c)</external-xref>) is amended—</text>
<paragraph id="H09A7EAEA898541DFA3507B7D03F3CFE8"><enum>(1)</enum><text>in paragraph (2),
by striking <quote>and</quote> at the end;</text>
</paragraph><paragraph id="HE38F82105C304B3B8145F1596F79A9D9"><enum>(2)</enum><text>in paragraph
(3)(B), by striking the period at the end and inserting <quote>; and</quote>;
and</text>
</paragraph><paragraph id="HE92349DAFA0F4202B7FD6CFE085953B8"><enum>(3)</enum><text>by adding at the
end the following new paragraph:</text>
<quoted-block id="HAC20821BB36140BCB2935C3428D145C0" style="OLC">
<paragraph id="H686560A311D1422394AABD7B3A289EEE"><enum>(4)</enum><text display-inline="yes-display-inline">whether the government has engaged in a
pattern of noncooperation regarding abduction cases or access cases, as such
terms are defined in the Sean and David Goldman International Child Abduction
Prevention and Return Act of
2013.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="HBF1DE6E6703C4273931A77459C8B4422"><enum>(b)</enum><header>Implementation
of prohibition on security assistance</header><text display-inline="yes-display-inline">Section 502B(a)(4) of the Foreign
Assistance Act of 1961 (<external-xref legal-doc="usc" parsable-cite="usc/22/2304">22 U.S.C. 2304(a)(4)</external-xref>) is amended—</text>
<paragraph id="HE431E3518EE24ED29EFBEC71CC643158"><enum>(1)</enum><text>in subparagraph
(A), by striking <quote>or</quote> at the end;</text>
</paragraph><paragraph id="HEC3DC635B47C458F9BE390A52CB93ED7"><enum>(2)</enum><text>in subparagraph
(B), by striking the period at the end and inserting <quote>; or</quote>;
and</text>
</paragraph><paragraph id="H2CF5E96AE9704E9D883F727302546D27"><enum>(3)</enum><text>by adding at the
end the following new subparagraph:</text>
<quoted-block id="H3D5B3EC1411E48EBB7781A35A63A7FFA" style="OLC">
<subparagraph id="H6EE49A7B76C14E0689AEECF6E6DA93E9"><enum>(C)</enum><text display-inline="yes-display-inline">has engaged in a pattern of noncooperation
regarding abduction cases or access cases, as such terms are defined in the
Sean and David Goldman International Child Abduction Prevention and Return Act
of
2013.</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection></section><section id="H4F528C47916D4DB7BFAAA5AF65DAE1FD"><enum>211.</enum><header>Multilateral
assistance</header><text display-inline="no-display-inline">Section 701 of the
International Financial Institutions Act (<external-xref legal-doc="usc" parsable-cite="usc/22/262d">22 U.S.C. 262d</external-xref>) is amended—</text>
<paragraph id="HE0CD092E9554404498B269388C93E12B"><enum>(1)</enum><text>by redesignating
the second subsection (g) (as added by <external-xref legal-doc="public-law" parsable-cite="pl/105/292">Public Law 105–292</external-xref>) as subsection (h);
and</text>
</paragraph><paragraph id="HC6547E7BDF524C4DA191197BD39E707C"><enum>(2)</enum><text>by adding at the
end the following new subsection:</text>
<quoted-block id="H1552BD40A7D34EFC93E6571F60819320" style="OLC">
<subsection commented="no" id="HEF761EF130F94DBAB6D6957817E4724B"><enum>(i)</enum><text display-inline="yes-display-inline">In determining whether the government of a
country engages in a pattern of gross violations of internationally recognized
human rights, as described in subsection (a), the President shall give
particular consideration to whether such government has engaged in a pattern of
noncooperation regarding abduction cases or access cases, as such terms are
defined in the Sean and David Goldman International Child Abduction Prevention
and Return Act of
2013.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="H7E9F887582684AE18C763F8D8534FA7B"><enum>212.</enum><header>Amendment to
generalized system of preferences eligibility for generalized system of
preferences</header><text display-inline="no-display-inline">Section 502(b)(2)
of the Trade Act of 1974 (<external-xref legal-doc="usc" parsable-cite="usc/19/2462">19 U.S.C. 2462(b)(2)</external-xref>) is amended—</text>
<paragraph id="H0C67750F158D4AC8B46C88259CC62A7B"><enum>(1)</enum><text>by inserting after
subparagraph (H) the following new subparagraph:</text>
<quoted-block display-inline="no-display-inline" id="H9C0F303031B64FF78344B06D6D9B7F6A" style="OLC">
<subparagraph id="HE8CDDDDDD17C4ACEB5080B6337F0DEAA"><enum>(I)</enum><text display-inline="yes-display-inline">Such country is a country with a pattern of
noncooperation regarding abduction cases or access cases, as such terms are
defined in the Sean and David Goldman International Child Abduction Prevention
and Return Act of 2013.</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="H78E51B4CA0EE4754ADFC40F9A20FD2E5"><enum>(2)</enum><text>in the flush left
matter after subparagraph (I) (as added by paragraph (1) of this
section)—</text>
<subparagraph id="H8C868673A1354BCE8164436D379D0843"><enum>(A)</enum><text>by striking
<quote>and (H)</quote> and inserting <quote>(H)</quote>; and</text>
</subparagraph><subparagraph id="H15EC0E2F287E457D8C74FA729AB3F223"><enum>(B)</enum><text>by inserting after
<quote>D))</quote> the following: <quote>and (I)</quote>.</text>
</subparagraph></paragraph></section>