1.This Act may be cited as the
International Child Abduction
Prevention Act of 2009
.
2.Findings; Sense
of Congress; Purposes
(a)Congress finds the following:
(1)The Department of
State’s Office of Children’s Issues, which serves as the Central Authority for
the United States for the operation of 1980 Hague Convention on the Civil
Aspects of International Child Abduction, is currently handling approximately
1,900 open cases involving more than 2,800 children abducted by a parent or
legal guardian from the United States to other countries. For a variety of
reasons reflecting the legal and factual complexity of parental abduction cases
and the significant obstacles to recovery, only a percentage of all cases are
reported to the Department of State.
(2)In fiscal year 2008, the Central Authority
for the United States responded to cases involving 776 children abducted from
the United States to countries with which the United States enjoys reciprocal
obligations under the Hague Convention, but during that same time period only
248 children were returned from Hague Convention countries to the United
States. Also in 2008, the United States Central Authority reported 344 newly
filed Hague Convention applications involving 484 children wrongly removed to
or retained in the United States. Two hundred ten children were returned under
the Convention to their country of habitual residence.
(3)The number of outgoing international child
abductions reported to the Central Authority for the United States increased by
about 60 percent in the last three years, and by about 40 percent in 2008
alone.
(4)In evaluating the obstacles to recovering
children abducted from a parent in the United States, the first difficulty is
presented by countries who are signatories to the Hague Convention, but have
not acted in compliance with the responsibilities of the Convention. According
to the Central Authority for the United States, Honduras has not acted in
compliance with the terms it agreed to as a party to the Hague Convention, and
Brazil, Chile, Greece, Mexico, Slovakia, Switzerland, and Venezuela have
demonstrated patterns of noncompliance. The failure of these countries to meet
their obligations is found in 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 Convention,
or the ability and willingness of law enforcement to insure the swift
enforcement of orders rendered pursuant to the Hague Convention.
(5)The United States
and other State Signatories to the Hague Convention have expressed their
desire, through the 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)In evaluating and assessing the problem of
the abduction of children from the United States, the Central Authority for the
United States in fiscal year 2008 reported that it had been provided notice of
306 cases of parental abductions involving 455 children taken from the United
States to countries with which the United States does not enjoy an agreement
related to the treatment of parental abduction cases and that are not
signatories to the Hague Convention, currently including a cumulative total of
101 children in Japan, 67 children in India, and 37 children in Russia. The
number of reported cases likely represents an even smaller percentage of the
total number of United States children impacted as the process for the location
and recovery of abducted children differs significantly with each country, and
there is currently no formal protocol for intervening in such cases.
(7)According to the
Department of State’s April 2008 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.
.
(8)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, their own personal relationships, and
parenting.
(9)Left behind
parents may encounter substantial psychological, emotional, and financial
problems, and the majority have no means to generate the enormous financial
resources required to pursue individual civil or criminal remedies to attempt
to secure the return of their children, even if such remedies were available or
effective in foreign courts or political systems. Left-behind parents also
often have to pursue child custody and other protective orders through
expensive litigation at home.
(b)It is the sense of Congress that the United States
should set a strong example for other Hague Convention countries in the timely
location and return of children wrongly removed from and retained in the United
States.
(c)The
purposes of this Act are to—
(1)protect United
States children from the harmful effects of international child abduction and
to protect the right of children to exercise parental access with their parents
in a safe and predictable way, wherever located;
(2)provide parents,
their advocates, and judges the information they need to enhance the resolution
of family disputes through established legal procedures, the tools for
assessing the risk of wrongful removal and retention of children, and the
practical means for overcoming obstacles to recovering abducted
children;
(3)establish
effective mechanisms to provide assistance to and aggressive advocacy on behalf
of parents whose children have been abducted from the United States to a
foreign country, from a foreign country to the United States, and on behalf of
military parents stationed abroad;
(4)promote an
international consensus that the best interests of children are of paramount
importance in matters relating to their custody, and that it is in the best
interest of a child to have issues of custody determined in the State of their
habitual residence immediately prior to the abduction;
(5)provide the
necessary training for military officials and training and assistance to
military families to address the unique circumstances of the resolution of
child custody disputes which occur abroad, or occur when a parent is serving
abroad;
(6)facilitate the
creation and effective implementation of international mechanisms, particularly
the 1980 Hague Convention on the Civil Aspects of International Child
Abduction, to protect children from the harmful effects of their wrongful
removal and retention; and
(7)facilitate the
compliance of the United States with reciprocal obligations contained in the
Hague Convention regarding children wrongfully removed to or retained in the
United States.
3.In this Act:
(1)The term Ambassador at Large means the
Ambassador at Large for International Child Abductions appointed under section
101.
(2)The term Annual Report means the Annual
Report on International Child Abductions required under section 102.
(3)Appropriate
congressional committeesExcept as otherwise provided, 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.
(4)Central
Authority for the United StatesThe term Central Authority
for the United States
has the meaning given such term in article 6 of
the Convention on the Civil Aspects of International Child Abduction, done at
The Hague on October 25, 1980.
(5)The term Hague Convention means the
Convention on the Civil Aspects of International Child Abduction, done at The
Hague on October 25, 1980.
(6)Hague Convention
compliance reportThe term Hague Convention compliance
report means the annual report on compliance with the Hague Convention
required to be submitted by the Department of State to Congress under section
2803 of the Foreign Affairs Reform and Restructuring Act of 1998 (42 U.S.C.
11611).
(7)Hague Convention
signatoryThe term Hague Convention signatory means
a country that has signed or acceded to the Convention and with which the
United States has entered into a reciprocal agreement pursuant to the
Convention.
(8)The
term MOU
means a memorandum of understanding.
(9)The term MOU country means a country or
entity with which the United States has entered into a memorandum of
understanding to resolve cases of international child abduction. Such MOU’s
shall include—
(A)identification of a
specific protocol designed to establish and effectuate the urgent return of
children abducted from the United States not later than six weeks after the
date of the application for return of the child having been received by the
agency authorized for such purposes;
(B)identification of
a specific protocol for the establishment and protection of the rights of both
interim and ongoing parental access between children and their parents;
(C)identification of
an official entity within the government possessing the authority to facilitate
the resolution of child abduction cases in cooperation with the Office on
International Child Abductions and left-behind parents in the United
States;
(D)identification of
the judicial or administrative agency possessing the authority to facilitate
the prompt adjudication of a request for the return of an abducted child to the
United States;
(E)identification of
a law enforcement agency and available mechanisms and procedures to investigate
and assist in the location, protection, and retrieval of an abducted child and
to ensure the immediate enforcement of orders entered by the court in the
habitual residence to return an abducted child to the United States;
(F)establishment of
welfare and whereabouts visits between a United States embassy and a wrongfully
removed or retained child; and
(G)additional
requisite elements that shall be satisfied and maintained for purposes of
section 201(b) as determined by the Secretary of State.
(10)The term
nonsignatory country means a country which is neither a Hague
Convention signatory nor a MOU country to which a United States child has been
abducted or in which a United States child remains wrongfully retained.
(11)The
term Office means the Office on International Child Abductions
established pursuant to section 101.
(12)Pattern of
noncooperationThe term
pattern of noncooperation means a national government’s systemic
failure, evidenced by the existence of ten or more parental child abduction
cases which, after having been properly prepared and transmitted by the Central
Authority for the United States remain unresolved within its borders after 18
months or, where there are fewer than ten unresolved cases, any cases still
unresolved after nine months from the time of receipt and transmittal by the
Central Authority for the United States of a request to fulfill its
international obligations with respect to the prompt resolution of cases of
child abduction.
(13)The term rights of access means the rights of
a parent and child to enjoy reasonable unfettered contact both within and
outside the State of the child’s habitual residence.
(14)Unresolved
abduction caseThe term
unresolved abduction case means an abduction case which has been
properly documented to establish that pursuant to the law of the State of
habitual residence of a minor child, an international abduction or wrongful
retention of such child whose habitual residence immediately prior to the
abduction was the United States, remains unresolved more than two months
following the date of the receipt and transmittal by the Central Authority for
the United States of the request for return of such child.
(15)The term
unresolved access case means an application for the establishment
of rights of parental access on either an interim or permanent basis, or the
request for the enforcement of rights of parental access (contact orders) which
have been previously established by a court of competent jurisdiction, which
remain unresolved more than two months following the date of the receipt and
transmittal by the Central Authority for the United States of a request for
assistance in the organization of rights of access.
<enum>I</enum><header>Department of
State Activities</header>
<section id="HEA94EC53597F4ACBB8E133CC87431B91"><enum>101.</enum><header>Office on
International Child Abductions; Ambassador at Large for International Child
Abductions</header>
<subsection id="HEA4C3D2A111D47C48D5D156FF2CF7456"><enum>(a)</enum><header>Establishment of
office</header><text>There is established within the Department of State an
Office on International Child Abductions that shall be headed by the Ambassador
at Large for International Child Abductions appointed under subsection
(b).</text>
</subsection><subsection id="HBA22A2BBA23C4DB20075EB922DAAE31C"><enum>(b)</enum><header>Appointment</header><text>The
Ambassador at Large shall be appointed by the President, by and with the advice
and consent of the Senate.</text>
</subsection><subsection id="HFF6A27922E1E484FBF08FA58E5072FE9"><enum>(c)</enum><header>Duties</header><text>The
Ambassador at Large shall have the following responsibilities:</text>
<paragraph id="HA7B0EA211821443EAF3443E0FC7578BF"><enum>(1)</enum><header>In
general</header><text>The primary responsibility of the Ambassador at Large
shall be to—</text>
<subparagraph id="HD32E48F8152C4208B02CB45D36C25BAE"><enum>(A)</enum><text>promote measures
to prevent the international abduction of children from the United
States;</text>
</subparagraph><subparagraph id="H976E1616DA3E48ED87E104BC266ECD56"><enum>(B)</enum><text>advocate on behalf
of children whose habitual residence is the United States and who have been
abducted to another country;</text>
</subparagraph><subparagraph id="H5BACEB12A72F489BB04C48DD7E2D35AB"><enum>(C)</enum><text>assist left-behind
parents in the resolution of abduction or refusal of access cases; and</text>
</subparagraph><subparagraph id="H931E2FADE36146E3B6DB832A7575B8FD"><enum>(D)</enum><text>advance mechanisms
to prevent and resolve cases of international child abduction abroad.</text>
</subparagraph></paragraph><paragraph id="H5ABADA8525574E59A29EBBE22EDAD81"><enum>(2)</enum><header>Advisory
role</header><text>The Ambassador at Large shall be a principal adviser to the
President and the Secretary of State regarding matters of international child
abduction and refusals of rights of access, and shall make recommendations
regarding—</text>
<subparagraph id="H379C5A94BB454F6BB64E57AC518EBB65"><enum>(A)</enum><text>the policies of
the United States Government toward governments with a pattern of
noncooperation with respect to cases of international child abduction;</text>
</subparagraph><subparagraph id="H174D4DBE997F4828A5A16798BC7D6EB4"><enum>(B)</enum><text>coordination with
other United States agencies regarding criminal prosecutions, Interpol
assistance in the issuance of warrants and alerts, pending cases, training for
United States forces, and the negotiation of agreements to protect United
States forces stationed abroad;</text>
</subparagraph><subparagraph id="H31C5A288FEBD4E6DA7294B1367617B96"><enum>(C)</enum><text>policies to
address international child abduction globally;</text>
</subparagraph><subparagraph id="H4E95C0EF7F32425498060DC69089BB20"><enum>(D)</enum><text>the position of
the United States Government on cases establishing the future functioning of
the Hague Convention in the country at issue; and</text>
</subparagraph><subparagraph id="H3E8DAF1CC33B49938760F642201500D0"><enum>(E)</enum><text>the position of
the United States Government on a request to accept an accession to the Hague
Convention.</text>
</subparagraph></paragraph><paragraph id="H244AB3C6B7104077B8D9F12C40C0CE"><enum>(3)</enum><header>Diplomatic
representation</header><text>Subject to the direction of the President and the
Secretary of State, the Ambassador at Large is authorized to represent the
United States in matters and cases relevant to international child abduction
and refusals of rights to access in—</text>
<subparagraph id="H7CDB374B5F484DB096505195FF8DED"><enum>(A)</enum><text>contacts with
foreign governments, the World Organization for Cross-border Co-operation in
Civil and Commercial Matters, the Hague Conference on Private International
Law, and other international organizations of which the United States is a
member;</text>
</subparagraph><subparagraph id="HFB2BA070E7A14E059F30050726F706A5"><enum>(B)</enum><text>multilateral
conferences and meetings relevant to international child abduction; and</text>
</subparagraph><subparagraph id="H161F05DE71CD431189B0D0064223FD20"><enum>(C)</enum><text>advocating
accession to the Hague Convention, or, where accession to the Hague Convention
is not possible, negotiating MOU’s.</text>
</subparagraph></paragraph><paragraph id="H2A2EE8BB69C1446E8C4C178929C9A4C1"><enum>(4)</enum><header>Reporting
responsibilities</header><text>The Ambassador at Large shall have the reporting
responsibilities described in section 102.</text>
</paragraph><paragraph id="H1EFA24EE619A4DA0BEA9EB01B7BD00B1"><enum>(5)</enum><header>Case file
management system and information protocol</header><text>The Ambassador at
Large shall establish a case file management system within the Office to ensure
the maintenance of accurate, complete, and timely information, to the extent
available, on all cases of international child abduction or refusal of access
about which the Office is notified, as well as a protocol for the receipt and
updating of such information with actions taken by the Office and responses by
the respective country, as well as deadlines required by the Hague Convention
or the MOU at issue.</text>
</paragraph><paragraph id="HDC6986B4D4924CA49E2CC2B8874003B"><enum>(6)</enum><header>Uniform case
intake procedures</header><text>The Ambassador at Large shall establish uniform
case intake procedures, which also make note of deadlines for responses
pursuant to the Hague Convention or MOU, where applicable.</text>
</paragraph><paragraph id="HFAAF3FB6D9EF495A8C305F91212F9654"><enum>(7)</enum><header>Civil service
employees</header><text display-inline="yes-display-inline">The Ambassador at
Large, in cooperation with the Secretary of State, shall ensure that a majority
of the personnel of the Office are composed of civil service employees or
members of the Service (as such term is described in section 103 of the Foreign
Service Act of 1980 (22 U.S.C. 3903)) who shall be permitted to remain with the
Office for at least four years.</text>
</paragraph><paragraph id="H322E292CDE054AB4AFDCD08553318EB1"><enum>(8)</enum><header>Legal
advice</header><text display-inline="yes-display-inline">The Ambassador at
Large shall make available legal advice to case managers of the Central
Authority of the United States on an as-needed basis to address
country-specific legal issues and to provide such case managers with
information that can be disseminated generally on questions frequently asked by
left behind parents.</text>
</paragraph><paragraph id="H3BB0794295C34E3596FF9DE707CC76AC"><enum>(9)</enum><header>User friendly
resources</header><text>The Ambassador at Large shall establish user-friendly
resources, including—</text>
<subparagraph id="HD7E746DE6D434112B0EEF4CBC67BBB60"><enum>(A)</enum><text>a toll free number
that goes directly to the Office; and</text>
</subparagraph><subparagraph id="H6395498909834AD6B3BDF6D56BE1E6CD"><enum>(B)</enum><text>a language line
for left behind parents who do not speak English.</text>
</subparagraph></paragraph><paragraph id="HA9B5B1A3A0DF4913A8CBDC8484C79222"><enum>(10)</enum><header>Assistance to
judges</header><text display-inline="yes-display-inline">The Ambassador at
Large shall—</text>
<subparagraph id="HEBEC122E680E472C92FAD515195BB5D3"><enum>(A)</enum><text>be responsible for
producing and disseminating a training course for United States Federal and
State judges likely to receive Hague Convention cases; and</text>
</subparagraph><subparagraph id="HFAC11EFEAA0F45C0BD89E56DAA6F797"><enum>(B)</enum><text>retain not fewer
than four specially trained judges available on an as needed basis to advise
United States Federal and State judges handling Hague Convention cases.</text>
</subparagraph></paragraph></subsection><subsection id="H271DD970617D46D988CD854890813CA9"><enum>(d)</enum><header>Funding</header><text display-inline="yes-display-inline">The Secretary of State shall provide the
Ambassador at Large with such funds as may be necessary for—</text>
<paragraph id="H369E997DC68D4EA19709C2D8E9A2B954"><enum>(1)</enum><text>the hiring of
staff for the Office;</text>
</paragraph><paragraph id="H8E3F73699E844380A3140CEFABE831DC"><enum>(2)</enum><text>the conduct of
investigations by the Office;</text>
</paragraph><paragraph id="HB588D5C8F6044127B2B2848B9F12D6F2"><enum>(3)</enum><text>the establishment
of a case file management system;</text>
</paragraph><paragraph id="HF759AE8B0AD94655B1A2D492A293F6FC"><enum>(4)</enum><text>the translation of
case documents in cases that may have systemic effect in the country in
question;</text>
</paragraph><paragraph id="H729A79F359414282948EBD28C9FE2619"><enum>(5)</enum><text>the development of
training materials; and for</text>
</paragraph><paragraph id="H44C96B1EFDD345B68B4D850A73298AD2"><enum>(6)</enum><text>necessary travel
to carry out the provisions of this section.</text>
</paragraph></subsection></section><section id="HAA65BE8A981347628BC4A9428B617581"><enum>102.</enum><header>Annual
report</header>
<subsection id="HB14DE71C0F084B6CA92872FC0CE365B5"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Not later than March
31 of each year or the first day thereafter on which the appropriate House of
Congress is in session, the Secretary of State, with the assistance of the
Ambassador at Large, shall submit to Congress an Annual Report on International
Child Abduction by providing detailed information with respect to unresolved
cases about which the Central Authority for the United States has been
notified. Each Annual Report shall contain the following:</text>
<paragraph id="HB92E270A25E044948898006F0129D5BE"><enum>(1)</enum><header>Hague Convention
signatory countries</header><text display-inline="yes-display-inline">Information on the following:</text>
<subparagraph id="H7ACF9E12CCEF4D62BB3E1B56B2DE4DE"><enum>(A)</enum><text>A current list of
those countries with which the United States has reciprocal obligations under
the Hague Convention.</text>
</subparagraph><subparagraph id="H9256A531F310453999005CA03349D87F"><enum>(B)</enum><text>A current list of
those countries that have requested the United States to accept their accession
to the Hague Convention.</text>
</subparagraph><subparagraph id="HC339298845D44862AD1F14E3EADAEFE0"><enum>(C)</enum><text>The number of
pending cases of alleged abduction of or refusal of access to children from the
United States in each the countries referred to in subparagraphs (A) and (B),
broken-out by type with date of original application and country of
detention.</text>
</subparagraph><subparagraph id="HC7BEF6A4965D4177B192188021B86922"><enum>(D)</enum><text>The proportion of
cases of abduction of or refusal of access to children from the United States
resolved in each country since the advent of reciprocal Hague Convention
obligations and the length of time each such case was pending.</text>
</subparagraph><subparagraph id="H0B15772AA57F40418DAC81CE093B03E0"><enum>(E)</enum><text>For each pending
unresolved case, including the current reporting year and previous
years—</text>
<clause id="H41DF1201C2494E5F92E9814C4B38FE42"><enum>(i)</enum><text>the
date of the alleged abduction or wrongful retention;</text>
</clause><clause id="H5E6193C486C9404A81B8EE4D73E22D6"><enum>(ii)</enum><text>the
date any administrative or judicial application pursuant to the Hague
Convention was brought, if applicable;</text>
</clause><clause id="HC3C4938C45464F69BACA993D25494B9E"><enum>(iii)</enum><text>detailed
information about each such case, including in the case of judicial application
having been filed, the court handling the matter and the procedural history,
the specific actions taken by the United States chief of mission in the country
to which the child is alleged to have been wrongfully removed or retained, and
the date of submission of documents required by the application process;
and</text>
</clause><clause id="H6F1DEEB9BBDD4D51B5143E010050DBEE"><enum>(iv)</enum><text>detailed
information and an assessment of the lack of resolution about each such case
together with a determination of any systemic issues related to the Hague
Convention signatory country as well as recommendation to enhance the protocol
for the improvement of the resolution of future cases.</text>
</clause></subparagraph><subparagraph id="H95220D9838AC475C9EA475703E7875D"><enum>(F)</enum><text>A description of
the efforts of the Secretary of State to encourage Hague Convention signatory
countries to facilitate the work within such respective countries of
nongovernmental organizations that assist parents seeking the return of
children under the Hague Convention.</text>
</subparagraph><subparagraph id="H1A17FAC9139E4FF39D000668DF06C84E"><enum>(G)</enum><text>Whether a state of
reciprocity no longer exists between the United States and a Hague Convention
signatory country such that United States parents, advocates, and judges
should, in assessing the risk of wrongful removal or retention, require strong
protective and preventative measures.</text>
</subparagraph><subparagraph commented="no" id="H9245684B25F5426ABE4DED00F5CB8CC"><enum>(H)</enum><text display-inline="yes-display-inline">All reporting requirements contained in the
Hague Convention compliance report.</text>
</subparagraph></paragraph><paragraph id="H1260F68A513F4D1BBE6E88B5D558A57E"><enum>(2)</enum><header>MOU
countries</header><text display-inline="yes-display-inline">Information on the
following:</text>
<subparagraph id="H155E47C49FCB47E48180F2F2AD653084"><enum>(A)</enum><text>A list of those
countries that are MOU countries.</text>
</subparagraph><subparagraph id="H30B4EFF53DBF46439794E8A67447654F"><enum>(B)</enum><text>A description of
the basic elements of the memorandum of understanding entered into with each
country specified in subparagraph (A).</text>
</subparagraph><subparagraph id="H31955CCF3D2B4EEC854537A4D67DC56B"><enum>(C)</enum><text>Whether each such
country is moving toward accession to the Hague Convention.</text>
</subparagraph><subparagraph id="H543588A6E42F4A7C86B709D6B7E1490"><enum>(D)</enum><text>The number of
unresolved cases of wrongful removal or retentions of or refusal of access to
children from the United States in each such country.</text>
</subparagraph><subparagraph id="HA1E7D9CEF77F402C9F36E3AFF0C8C445"><enum>(E)</enum><text>The proportion of
cases of abduction of or refusal of access to children from the United States
resolved in each such country since the applicable MOU went into force.</text>
</subparagraph><subparagraph id="H643AD59998E544BCAC844F94628366A2"><enum>(F)</enum><text>For each
unresolved abduction or access case—</text>
<clause id="H96814727FDA34364B7F7891F4FB685B2"><enum>(i)</enum><text>the
date of the alleged abduction or wrongful retention;</text>
</clause><clause commented="no" id="H0A4839B1005748DDABCC00DC005DAEAE"><enum>(ii)</enum><text>the date of any
administrative or judicial process that was brought seeking the return of a
minor child to the United States, or brought seeking rights of access to such
child, and in the case of judicial process, the court in which the matter has
been brought and the procedural history;</text>
</clause><clause id="H98BBFDBFF04B4022BBAD1999BC18F7EC"><enum>(iii)</enum><text>whether the
protocols established pursuant to the applicable MOU have been followed;</text>
</clause><clause id="H98A803D9B0DF4FD09036A5743775C498"><enum>(iv)</enum><text display-inline="yes-display-inline">detailed information about each such case,
including the specific actions taken by the United States chief of mission in
the country to which the child is alleged to have been wrongfully removed or
retained and actions by the Central Authority for the United States;</text>
</clause><clause id="H6BDE6556FC564EB4A2CB60184777AED"><enum>(v)</enum><text>detailed
information on and an assessment of the lack of resolution as well as a
determination of any systemic issues related to the MOU country with specific
attention regarding any failure of any of the requisite elements of the MOU;
and</text>
</clause><clause id="HFD926A5BEDCB467AA34399FF827E62"><enum>(vi)</enum><text>recommendations to
amend the applicable MOU to improve the resolution of cases and ameliorate any
systemic issues.</text>
</clause></subparagraph></paragraph><paragraph id="H8D2CE7F56F0D49029CF9C2243D468FF3"><enum>(3)</enum><header>Nonsignatory
countries</header><text display-inline="yes-display-inline">Information on the
following:</text>
<subparagraph id="H433B102082C54315A13F22F3FECE8CDE"><enum>(A)</enum><text>A list of those
countries that are neither Hague Convention signatory countries nor MOU
countries.</text>
</subparagraph><subparagraph id="H2681D06BF1474823AF876298471EEE7C"><enum>(B)</enum><text>Information on
efforts by the Department of State to encourage each such nonsignatory country
to become a Hague Convention signatory country or MOU country.</text>
</subparagraph><subparagraph id="H44CD09F8752C4B3082C307BA739C7D8"><enum>(C)</enum><text>For each unresolved
abduction or access case—</text>
<clause id="H12FF3958CB3046F0AC3B7FC61D3C94FD"><enum>(i)</enum><text>the
date of the alleged abduction or wrongful retention;</text>
</clause><clause commented="no" id="H5AFCA39109ED479989DEBA28DF25C94"><enum>(ii)</enum><text>the date of any
administrative or judicial process that was brought seeking the return of a
minor child to the United States, or brought seeking rights of access to such
child, and in the case of judicial process, the court in which the matter has
been brought and the procedural history;</text>
</clause><clause id="H29E1F9F93549412A8F1864555C249300"><enum>(iii)</enum><text display-inline="yes-display-inline">detailed information about each such case,
including the specific actions taken by the United States chief of mission in
the country to which the child is alleged to have been wrongfully removed or
retained and any other action taken by the Central Authority for the United
States;</text>
</clause><clause id="HF2062F46B02149878E27D63EBDB3BCDE"><enum>(iv)</enum><text>detailed
information on and an assessment of the reasons for the lack of a resolution in
each such case as well as a review of the systemic issues in the host country
which may contribute to or enhance the wrongful removal or retention of
children; and</text>
</clause><clause id="HD6B8080F9617442892A5E0F9706DCA1F"><enum>(v)</enum><text>recommendations
for specific actions which may be taken by the United States Government to
improve the resolution of cases and ameliorate any systemic issues.</text>
</clause></subparagraph></paragraph></subsection><subsection id="HB83BA40BC472467A806B42A48E7068F6"><enum>(b)</enum><header>Exception</header><text display-inline="yes-display-inline">Each Annual Report required under this
section may not include names of parties or of minor children. Other
potentially party-identifying information shall also be excluded in cases in
which the parent remaining in the United States or on a United States military
installation has submitted a request in writing to the Central Authority for
the United States that such information not be publicized. Information that is
subject to attorney-client privilege may be provided with an executed
waiver.</text>
</subsection><subsection id="HE1EA705868D247AA9E86C03FE4CDE59"><enum>(c)</enum><header>Additional
thematic sections</header><text>Each Annual Report under this section shall
also include—</text>
<paragraph id="H6AA1EE6D472D4ECEB65CB4A354B9813B"><enum>(1)</enum><text>information on the
number of unresolved cases affecting parents who are members of the Armed
Forces and a summary of assistance offered to such left behind parents;</text>
</paragraph><paragraph id="HBF4E99DDD033452ABDD3F05073F396FA"><enum>(2)</enum><text>information on the
use of airlines in international child abduction, including which airlines are
most commonly used in abduction, voluntary airline practices to prevent
international child abduction, and recommendations for best airline practices;
and</text>
</paragraph><paragraph id="H9BE908798080483C9D0000E0768C88C6"><enum>(3)</enum><text display-inline="yes-display-inline">information on actions taken by the Central
Authority for the United States to train domestic and foreign judges in
application of the Hague Convention.</text>
</paragraph></subsection><subsection id="HF28AF00D30C54B79AB421D9C029073F9"><enum>(d)</enum><header>Standards and
assistance</header><text>The Secretary of State shall ensure that United States
diplomatic and consular missions abroad maintain a consistent reporting
standard with respect to cases of international child abductions from the
United States to the country in which each such mission is located, provide
appropriate assistance to parents from the United States who are visiting such
country to obtain the return, rights of access to, or visitation rights with an
abducted child, and remain informed of developments in cases of children
abducted from the United States to the country in which such mission is
located.</text>
</subsection><subsection id="HDA4E15D51B944748B333AD0053463E98"><enum>(e)</enum><header>Termination</header><text>Upon
publication of the first Annual Report required under this section, the
requirement for the Secretary of State to submit the Hague Convention
compliance report, in addition to the Annual Report, shall terminate.</text>
</subsection></section><enum>II</enum><header>Presidential
Actions</header>
<section id="H19EE0A498B7F4B2C97D714E7BB549F9B"><enum>201.</enum><header>Presidential
actions in response to patterns of noncooperation in cases of international
child abductions</header>
<subsection id="HB1C2644F344C4B46A164B60600077F55"><enum>(a)</enum><header>Response to
international child abductions</header>
<paragraph id="HFDE81E03F2AB45EDBB12309046F9E47D"><enum>(1)</enum><header>United States
policy</header><text>It shall be the policy of the United States to—</text>
<subparagraph id="H957E2BB17A0B4A4FB291A08517B21882"><enum>(A)</enum><text>promote the best
interest of children in matters relating to their custody or rights of access
by protecting them internationally from the harmful effects of their wrongful
removal or retention;</text>
</subparagraph><subparagraph id="H944FBB9A33E243D9829CC3005D657DD2"><enum>(B)</enum><text>oppose practices
or policies of the governments of foreign countries that fail to ensure
children’s prompt return to the United States in cases of international child
abduction or the wrongful retention of a child, where the United States is the
child’s habitual residence immediately prior to such abduction, through the
actions described in subsection (b); and</text>
</subparagraph><subparagraph id="H0FD49BBBEA5144DE8FE5481E9F6CB800"><enum>(C)</enum><text>oppose practices
or policies of the governments of foreign countries that fail to ensure
children’s continued contact with their parents by providing for rights of
access.</text>
</subparagraph></paragraph><paragraph id="H7AC086BC8AF2448A9898FBB7DC6499EA"><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 section 204(a).</text>
</paragraph></subsection><subsection id="H4F6418C8B31E4265972F19E4666BC4D7"><enum>(b)</enum><header>Designations of
countries with patterns of noncooperation in cases of international child
abduction</header>
<paragraph id="H3EADCFA45F114CAF9E461C110721314F"><enum>(1)</enum><header>Annual
review</header>
<subparagraph id="H37AF813572F04073933F87C771C974FD"><enum>(A)</enum><header>In
general</header><text>Not later than March 31 of each year, the President shall
review the status of unresolved cases in each foreign country to determine
whether the government of each such country has engaged in a pattern of
noncooperation during the preceding 12 months or since the date of the last
review of each such country under this paragraph, whichever is longer. The
President shall designate each country the government of which the President
has determined has engaged in a pattern of noncooperation as a Country With a
Pattern of Noncooperation.</text>
</subparagraph><subparagraph id="HD0F4E106B6444A3B8879AAC1E082CFD3"><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 regarding government
responses to unresolved cases of international child abduction with respect to
each such country, including the number of cases and the length of time such
cases have been pending, as described in the latest Annual Report and on any
other evidence available with respect to each such country.</text>
</subparagraph><subparagraph id="H898BCF489BD64BFF8C7243E76907CF2F"><enum>(C)</enum><header>Implementation</header><text>Any
review under subparagraph (A) of a country may take place singly or jointly
with the review of one or more countries.</text>
</subparagraph></paragraph><paragraph id="HF7F9870DCC644ED9A665785C5F68DDFC"><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 agency or instrumentality thereof that is responsible for the pattern of
noncooperation by such government in order to appropriately target Presidential
actions under this section in response.</text>
</paragraph><paragraph id="H1B4C8A2983D14F748603D2FD4CBDB5CD"><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 information relating to—</text>
<subparagraph id="H19A8663652C1485A8719D2649DA0C913"><enum>(A)</enum><text>the designation of
the country, signed by the President; and</text>
</subparagraph><subparagraph id="HE91236347EFC4F8A92FA56A7372B0045"><enum>(B)</enum><text>one or more of the
Presidential actions described in paragraphs (10) through (16) of section
204(a) carried out against such country.</text>
</subparagraph></paragraph></subsection><subsection id="HB510A9390BA5413C83F8D23D965F90E"><enum>(c)</enum><header>Presidential
actions with respect to a Country With a Pattern of Noncooperation</header>
<paragraph id="H392B8BB167DA44F59E477D720153B2BE"><enum>(1)</enum><header>In
general</header><text>Subject to paragraphs (2), (3), and (4) with respect to
each Country With a Pattern of Noncooperation designated under subsection
(b)(1)(A), the President shall, after the requirements of sections 202 and 203
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 a country under such
subsection, carry out one or more of the following actions under subparagraph
(A) or (B):</text>
<subparagraph id="H7713EE7C94DC457FA6E5803FC8C01500"><enum>(A)</enum><header>Presidential
actions</header><text>One or more of the Presidential actions described in
paragraphs (10) through (16) of section 204(a).</text>
</subparagraph><subparagraph id="H587C51CE0C3D4812B788E6A7FA1CCBCE"><enum>(B)</enum><header>Commensurate
actions</header><text>Commensurate action in substitution to any action
referred to in subparagraph (A).</text>
</subparagraph></paragraph><paragraph id="H228BBDA12A3D4D08A6A3637D654474A8"><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) with respect to a
Country With a Pattern of Noncooperation, the President determines and
certifies to Congress that a single, additional period of time not to exceed 90
days is necessary—</text>
<subparagraph id="H97CDFD4760D84EA3B270D90064B038CD"><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="HC84D1CB90A2B452486F4BBDFABAEDC63"><enum>(B)</enum><clause commented="no" display-inline="yes-display-inline" id="HD0A3348B81164B5AB975E648FFCA54A8"><enum>(i)</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, or</text>
</clause><clause id="HBD2E749795BB43C995854483BAB711E3" indent="up1"><enum>(ii)</enum><text>in anticipation that corrective
action will be taken by such country during such 90-day period,</text>
</clause><continuation-text continuation-text-level="subparagraph">the
President shall not be required to take such action until the expiration of
such period of time.</continuation-text></subparagraph></paragraph><paragraph id="H89CD15FF021B472EA7AB1C12C09BC15B"><enum>(3)</enum><header>Exception for
ongoing presidential action</header><text>The President shall not be required
to take action under this paragraph (1) with respect to a Country With a
Pattern of Noncooperation if with respect to such country the following
apply:</text>
<subparagraph id="H303C9B11C9EF4A0BB3A1CD58EFFDF8E7"><enum>(A)</enum><text>The President has
taken action pursuant to such paragraph in a preceding year.</text>
</subparagraph><subparagraph id="HE0548BE86AE3481088002D65909C8C7F"><enum>(B)</enum><text>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).</text>
</subparagraph><subparagraph id="H4C9BF8FD5B7D41B183567CE9D379F338"><enum>(C)</enum><text>The President
reports to Congress the information described in paragraphs (1), (2), (3), and
(4) of section 203(a) regarding the actions in effect with respect to such
country.</text>
</subparagraph><subparagraph id="H07952B6DF47D421C843C635FD01E474"><enum>(D)</enum><text>At the time the
President designates a country as a Country With a Pattern of Noncooperation,
if such country is already subject to multiple, broad-based sanctions imposed
in significant part in response to human rights abuses, and such sanctions are
ongoing, the President may determine that one or more of such sanctions also
satisfies the requirements of this subsection. In a report to Congress pursuant
to paragraphs (1), (2), (3), and (4) of section 203(a), the President shall
specify the specific sanction or sanctions that the President determines
satisfy the requirements of this subsection. Such specified sanctions shall
remain in effect subject to section 208.</text>
</subparagraph></paragraph></subsection><subsection id="HE21C04CDCB3244ED8C64ECF1B0CC13F5"><enum>(d)</enum><header>Rule of
construction</header><text>A determination under this Act, or any amendment
made by this Act, 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) and 2304).</text>
</subsection></section><section id="HB80E635912CF42BD993E9DD06DF96800"><enum>202.</enum><header>Consultations</header>
<subsection id="HC998E82E2353400D832EABD4F300A5E0"><enum>(a)</enum><header>Notification</header>
<paragraph id="HAA7E05C920054B33BD85700F36D2ADDB"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">Except as provided in
paragraph (2), in accordance with existing law and regulation, the Secretary of
State shall notify in writing the member of the House of Representatives
representing the district of a left behind parent when such parent reports an
international child abduction to the Department of State. The Secretary shall
maintain a computerized data tracking system to track and monitor such reported
international child abduction cases.</text>
</paragraph><paragraph id="HFFD2C1ECB0784F2396A0959E75BCFD69"><enum>(2)</enum><header>Exception</header><text>Paragraph
(1) shall not apply if the left behind parent does not consent to the
notification described in such paragraph.</text>
</paragraph></subsection><subsection id="H2C0706FEA43846DA8D3EF214EE30CF7B"><enum>(b)</enum><header>Duty To consult
with foreign governments</header><text display-inline="yes-display-inline">The
President shall—</text>
<paragraph id="H61C9E6882B024523BCFC2B8CCC3DDEEE"><enum>(1)</enum><text display-inline="yes-display-inline">request consultation with the government of
a country to which a child is alleged to have been wrongfully removed or
retained, regarding the pattern of noncooperation giving rise to action under
section 204; and</text>
</paragraph><paragraph id="H3EA9A3E8C985482BB918CCD95254BD53"><enum>(2)</enum><text>if agreed to,
enter into such consultations, privately or publicly.</text>
</paragraph></subsection><subsection commented="no" id="H46E1D6A4D2874E4299E88528E759E7B3"><enum>(c)</enum><header>Duty To consult
with left behind parents in the United States</header><text>The President shall
consult with left behind parents of children in the foreign countries, or
appropriate representatives or representative groups of such parents,
concerning the potential impact of United States policies to promote the
resolution of unresolved cases in countries described in subsection (a).</text>
</subsection><subsection commented="no" id="H06EDAC47AEAE4768804F3B961C6F0715"><enum>(d)</enum><header>Duty To consult
with other United States interested parties</header><text>The President shall,
as appropriate, consult with other United States interested parties regarding
the potential impact of intended action in countries described in subsection
(a) on economic or other interests of the United States.</text>
</subsection></section><section id="H17A44B6E03E84E73A7332993F1A74FA9"><enum>203.</enum><header>Report to
Congress</header><text display-inline="no-display-inline">At such time as the
President decides to take action under section 204 in response to a country
that the President has designated as a Country With a Pattern of Noncooperation
and the President decides to take action under paragraphs (10) through (16) of
section 204, the President shall transmit to the appropriate congressional
committees a report on the following:</text>
<paragraph commented="no" id="H22D206F3914144A3A34DCB9D9FB4123D"><enum>(1)</enum><header>Identification
of presidential actions</header><text>An identification of the action or
actions described in paragraphs (10) through (16) of section 204 (or
commensurate action in substitution thereto) to be taken with respect to such
country.</text>
</paragraph><paragraph commented="no" id="H086F6A45F26D44F3A0C7D2C25E7CCDF"><enum>(2)</enum><header>Description of
violations</header><text>A description of the unresolved cases of child
abduction giving rise to the action or actions to be taken by the
President.</text>
</paragraph><paragraph commented="no" id="HC80B6AF354C246CC98E9E789DD1BB74D"><enum>(3)</enum><header>Purpose of
presidential actions</header><text>A description of the purpose of the
Presidential action or actions.</text>
</paragraph><paragraph commented="no" id="HA175BAE09C9B4362A6B838B1398F0007"><enum>(4)</enum><header>Evaluation</header>
<subparagraph commented="no" id="HE85C1527B9594F06A55BE4F2069C00A7"><enum>(A)</enum><header>Description</header><text>An
evaluation, in consultation with the Secretary of State, the Ambassador at
Large, the parties described in subsections (c) and (d) of section 202, and
other parties the President determines appropriate, of—</text>
<clause commented="no" id="HCF0197A5DDE441D08F25BC4FB7BD62DB"><enum>(i)</enum><text>the impact upon
such unresolved cases in such country;</text>
</clause><clause commented="no" id="HB000036FFF8F41BDB514C900EFAC2302"><enum>(ii)</enum><text>the impact upon
the government of such country;</text>
</clause><clause commented="no" id="HD9A090D22B0C4E3792E267F702BB21D2"><enum>(iii)</enum><text>the impact upon
the population of such country; and</text>
</clause><clause commented="no" id="HF5B7D8853F154EB88ECD1FC0B6CA3601"><enum>(iv)</enum><text>the impact upon
the United States economy and other interested parties.</text>
</clause></subparagraph><subparagraph commented="no" id="H7CAD9C90BE7B4F01B8661B7DED968591"><enum>(B)</enum><header>Authority to
withhold disclosure</header><text>The President may withhold part or all of
such evaluation from the public, if classified, but shall provide the entire
evaluation to Congress.</text>
</subparagraph></paragraph><paragraph commented="no" id="H4F9DF036688A4C29BBA3DE383340AD"><enum>(5)</enum><header>Statement of
policy options</header><text>A statement that noneconomic policy options
designed to bring about a resolution of the pattern of noncooperation in such
country have reasonably been exhausted, including the consultations required in
accordance with section 202.</text>
</paragraph></section><section id="HE767ABB949A44F94B8AC91316FECD353"><enum>204.</enum><header>Presidential
actions</header>
<subsection id="H1EFA4D91151B4628A4694C7D72A0C62"><enum>(a)</enum><header>Description of
presidential actions</header><text display-inline="yes-display-inline">Except
as provided in subsection (c), the President may take the following actions
with respect to a country that the President has designated as a Country With a
Pattern of Noncooperation under section 201:</text>
<paragraph id="H6ACA8CA339F245AEBEFD20B6169CFF22"><enum>(1)</enum><text>A
private demarche.</text>
</paragraph><paragraph id="H4F502334CF1F409EB981AE57E30EECC"><enum>(2)</enum><text>An
official public demarche.</text>
</paragraph><paragraph id="H7F53689A4A264E1F9A6666A24A645515"><enum>(3)</enum><text>A
statement of nonreciprocity under the Hague Convention.</text>
</paragraph><paragraph id="H184B327F19F1476AB2AE9D66D4D22E41"><enum>(4)</enum><text>A
public condemnation.</text>
</paragraph><paragraph id="H94808DBBCA80497393A9C1F67D36D2E0"><enum>(5)</enum><text>A
public condemnation within one or more multilateral fora.</text>
</paragraph><paragraph id="H509942A599464486ABFE8F255B969798"><enum>(6)</enum><text>The delay or
cancellation of one or more scientific exchanges.</text>
</paragraph><paragraph id="H0D658928D926437CBFE5E207C05565E4"><enum>(7)</enum><text>The delay or
cancellation of one or more cultural exchanges.</text>
</paragraph><paragraph id="H3D686B7DDD244713BABEBAD7ACE7F874"><enum>(8)</enum><text>The denial of one
or more working, official, or state visits.</text>
</paragraph><paragraph id="H2391CD7D3E1C4EB08E8444AA25A26DE"><enum>(9)</enum><text>The delay or
cancellation of one or more working, official, or state visits.</text>
</paragraph><paragraph id="H4B14C6858FF54B888C2513774C98D7E7"><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="H5710EEC9956B4CDF005994F186E90697"><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="H815C3162DD604C648540EAC6C38415A"><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
participation 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 pattern of noncooperation.</text>
</paragraph><paragraph id="HFC05F3EEC2FB4674B6B9D548C3E269AA"><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="H78655CA244734F93B41C3C7E67028747"><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
the such government or the agency or instrumentality of such government
determined by the President to be responsible for such pattern of
noncooperation.</text>
</paragraph><paragraph id="H89D3038427D043E191957C81796648AF"><enum>(15)</enum><text>The denial,
withdrawal, suspension, or limitation of benefits provided pursuant to title V
of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), relating to the Generalized
System of Preferences.</text>
</paragraph><paragraph id="HC61E84429CA64082B9C0C700C3447E00"><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 pattern of
noncooperation, under—</text>
<subparagraph id="H72BB885DD2D44B3DA617A179B2EE38C"><enum>(A)</enum><text>the Export
Administration Act of 1979;</text>
</subparagraph><subparagraph id="H928E48EA78CA42079B24D991C674ADF5"><enum>(B)</enum><text>the Arms Export
Control Act;</text>
</subparagraph><subparagraph id="H404E2640450D444EB0775D129E4DD5BA"><enum>(C)</enum><text>the Atomic Energy
Act of 1954; or</text>
</subparagraph><subparagraph id="HBC96011989544417B1A79E71EF005255"><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="HF88CB31C98584FC1AED7C84421483015"><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 or determined by the President
to be responsible for such pattern of noncooperation.</text>
</paragraph><paragraph id="HD9CC4A381C17446DB207AAF2600D6AA"><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 pattern of noncooperation.</text>
</paragraph></subsection><subsection id="HDB73592B54254B129DA2CCC3F8AB19D8"><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
paragraphs (1) through (16) of 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 obtain the cessation of
such pattern of noncooperation. 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="H6EE38E91EED84974A0D2774D21A2E137"><enum>(c)</enum><header>Exceptions</header><text>Any
action taken pursuant to subsection (a) or (b) may not prohibit or restrict the
provision to such country of medicine, medical equipment, or supplies, food, or
other humanitarian assistance.</text>
</subsection></section><section id="H524C847171FA407790C943A192D47C4D"><enum>205.</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 this
section 204—</text>
<paragraph id="HB54B4369926D4CDCB083B8CE9E2B31DD"><enum>(1)</enum><text>in the case of
procurement of defense articles or defense services—</text>
<subparagraph id="H16D43E0F7FB04156AB00EC5046CBC812"><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="H5AE4C357EB60467CA2D39E398C71C70"><enum>(B)</enum><text>if the President
determines in writing and transmits to Congress a report that the government of
a foreign country 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="H9E7A31CEB33D465FADC115AE62921143"><enum>(C)</enum><text>if the President
determines in writing and transmits to Congress 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="HD21C932A20534544AB1300132F3FCDAB"><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 207.</text>
</paragraph></section><section id="HE76BEA5F3067480383981182B9EEF106"><enum>206.</enum><header>Presidential
waiver</header>
<subsection id="H48D1914809044FEB811DECC00006DA0"><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 (10) through (16) of section 204(a) (or commensurate action in
substitution thereto) with respect to a country that the President has
designated as a Country With a Pattern of Noncooperation under section 201, if
the President determines and so reports to the appropriate congressional
committees that—</text>
<paragraph id="H8D40BBE3071A40B2B8EFADF996176C03"><enum>(1)</enum><text>the government of
such has satisfactorily resolved the unresolved cases giving rise to the
application of any of such actions and—</text>
<subparagraph id="H85E64095FBC14ABEB4B5EBE9FEC375DA"><enum>(A)</enum><text>if such country is
a Hague Convention signatory country, such country has taken measures to ensure
future compliance with the provisions of the Hague Convention;</text>
</subparagraph><subparagraph id="HB4DDDDDEA85B4F6DA01E8462A5011DD"><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="H396F64B8BD9D4D50BC0792B88B753F52"><enum>(C)</enum><text>if such country is
a Nonsignatory country at the time the abductions or retentions resulting in
the unresolved cases occurred, such country has become a Hague Convention
signatory country or a MOU country;</text>
</subparagraph></paragraph><paragraph id="H04E18C81240D4CB39C746B5D7EA628E0"><enum>(2)</enum><text>the exercise of
such waiver authority would further the purposes of this Act; or</text>
</paragraph><paragraph id="HFC80E9CB8C1D4A9799B4948E362D3FF8"><enum>(3)</enum><text>the important
national interest of the United States requires the exercise of such waiver
authority.</text>
</paragraph></subsection><subsection id="H61C24403C8E24F70BBF53DF500F241AA"><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="HEB4B57DD6BCA4009A2E66BAEEF255C41"><enum>207.</enum><header>Publication in
Federal Register</header>
<subsection id="H850C4AD444FA4BD0B911C4FC7409CE60"><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="H4E9EC09D3753436CBAE7E79EE048EBB0"><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 201, together with, when applicable and
to the extent practicable, the identities of agencies, instrumentalities, or
officials determined to be responsible for such pattern of
noncooperation.</text>
</paragraph><paragraph id="H2D0B89961F974921B2B87FCC9FBB9B85"><enum>(2)</enum><header>Presidential
actions</header><text>A description of any action under paragraphs (10) through
(16) of section 204(a) (or commensurate action in substitution thereto) and the
effective date of such action.</text>
</paragraph><paragraph id="H1C53DB4613404EA5A9E855CE00752D53"><enum>(3)</enum><header>Delays in
transmittal of presidential action reports</header><text>Any delay in
transmittal of a report required under in section 203.</text>
</paragraph><paragraph id="H8EC5575E19F9444D9E567FBB009DBFD"><enum>(4)</enum><header>Waivers</header><text>Any
waiver issued under section 206.</text>
</paragraph></subsection><subsection id="H87EDC2BF09F94A5AB13100D661F0374"><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 (22 U.S.C. 2414(c)), if
the President determines that the publication of such information—</text>
<paragraph id="H35B00E6BA4B84D93A838639453816857"><enum>(1)</enum><text>would be harmful
to the national security of the United States; or</text>
</paragraph><paragraph id="HFFC065D2B8644877B50219781CA74F53"><enum>(2)</enum><text>would not further
the purposes of this Act.</text>
</paragraph></subsection></section><section commented="no" id="H63B021DF68A94D39998E34823424BCF3"><enum>208.</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 dates:</text>
<paragraph commented="no" id="H5CE1B3421FDD4469B29450B72737B7D0"><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="HA6C33988E1F84026B751B1CF51C8A8B9"><enum>(2)</enum><text>Upon the
determination by the President, in consultation with the Office, and
certification to Congress that the government of such country has taken
substantial and verifiable steps to correct the pattern of noncooperation at
issue that gave rise to such action.</text>
</paragraph></section><section id="HC0AC5DEB261D470783E7EDC912A8F36B"><enum>209.</enum><header>Preclusion of
judicial review</header><text display-inline="no-display-inline">No court shall
have jurisdiction to review any Presidential determination or agency action
under this Act or any amendment made by this Act.</text>
</section><section id="H59286AAEC5DB495A9F44C8C0531F8C44"><enum>210.</enum><header>United States
assistance</header>
<subsection id="H6D55CCAE70E3480284EB43C3F558F135"><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 (22 U.S.C. 2151n(c)) is amended—</text>
<paragraph id="H7E90FE0F35EE41FD86AB430000DC99FF"><enum>(1)</enum><text>in matter
preceding paragraph (1), by inserting <quote>and in consultation with the
Ambassador at Large for International Child Abduction</quote> after
<quote>Freedom</quote>;</text>
</paragraph><paragraph id="HD5AE43EDF1B84ED0B19F2E6C92502BA9"><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="H20AB103950984AD5BDEA316B1897D691"><enum>(3)</enum><text>by adding at the
end the following new paragraph:</text>
<quoted-block id="H1466ED948AC04D388FB2864FE9D0573" style="OLC">
<paragraph id="H3C4249330C9A4F21BD28BCBBDE00CAD5"><enum>(4)</enum><text>whether the
government—</text>
<subparagraph id="H43A6DD2018404702891C54002555F19C"><enum>(A)</enum><text>has engaged in a
pattern of noncooperation regarding unresolved cases of alleged international
child abduction or denial of rights of access, as such terms are defined in the
International Child Abduction Prevention Act of 2009; or</text>
</subparagraph><subparagraph id="HD1B4DE773EFA4903B369F6594069D352"><enum>(B)</enum><text>has failed to
undertake serious and sustained efforts to locate children allegedly abducted
to the country when such efforts could have been reasonably
undertaken.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H922B5C9EBE404C0500BB9A7EC423C65"><enum>(b)</enum><header>Implementation of
prohibition on military assistance</header><text display-inline="yes-display-inline">Section 502B(a)(4) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) is amended—</text>
<paragraph id="HB53E11BEA6A44895BF0759DA03778620"><enum>(1)</enum><text>in subparagraph
(A), by striking <quote>or</quote> at the end;</text>
</paragraph><paragraph id="H7DD7BE91961C463B8DDE58A69F85F5C8"><enum>(2)</enum><text>in subparagraph
(B), by striking the period at the end and inserting <quote>; or</quote>;
and</text>
</paragraph><paragraph id="H464B791B7FF84F84BDB21F22C58F89E9"><enum>(3)</enum><text>by adding at the
end the following new subparagraphs:</text>
<quoted-block id="H6FA2B95F44474945B2B0457F70D6D3AC" style="OLC">
<subparagraph id="HBD005AA7058E4631A0D824EE88DB6123"><enum>(C)</enum><text>has engaged in a
pattern of noncooperation regarding unresolved cases of alleged international
child abduction or denial of rights of access, as such terms are defined in the
International Child Abduction Protection Act of 2009; or</text>
</subparagraph><subparagraph id="H9C934857042943288000B9E5746FE977"><enum>(D)</enum><text>has failed to
undertake serious and sustained efforts to locate children allegedly abducted
to the country when such efforts could have been reasonably
undertaken.</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="HC293617F4DAE4BD0B2B6B0E676D57B"><enum>(c)</enum><header>Expanded
consultation</header><text>Section 502B(b) of the Foreign Assistance Act of
1961 (22 U.S.C. 2304(b)) is amended, in the first sentence, by inserting
<quote>and with the assistance of the Ambassador at Large for International
Child Abduction,</quote> after <quote>the Ambassador at Large for International
Religious Freedom,</quote> .</text>
</subsection></section><section id="HDD4A0231C7374CADB00200311C7CD0EB"><enum>211.</enum><header>Multilateral
assistance</header><text display-inline="no-display-inline">Section 701 of the
International Financial Institutions Act (22 U.S.C. 262d) is amended by adding
at the end the following new subsection:</text>
<quoted-block id="H013EFDDCBC814CB887D23F76A1A8B800" style="OLC">
<subsection commented="no" id="H2D355AAC70B2464D9C865EEA84542BD"><enum>(h)</enum><text>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—</text>
<paragraph commented="no" id="H5F2E200F0F9E492FA7FCF17961029E85"><enum>(1)</enum><text>has engaged in a
pattern of noncooperation regarding unresolved cases of alleged international
child abduction or denial of rights of access, as such terms are defined in the
International Child Abduction Prevention Act of 2009; or</text>
</paragraph><paragraph commented="no" id="H2D3F730710C24379A7D0B49C78F4AFD"><enum>(2)</enum><text>has failed to
undertake serious and sustained efforts to locate children allegedly abducted
to such country when such efforts could have been reasonably
undertaken.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section id="H3E483E1822CC411596D09B8E7BBEF3C0"><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 (19 U.S.C. 2462(b)(2)) is amended—</text>
<paragraph id="HF3B4E841AD1E491FA9F342FE082C4CC4"><enum>(1)</enum><text>by inserting after
subparagraph (H) the following new subparagraph:</text>
<quoted-block display-inline="no-display-inline" id="HFCDF84985B8047928AC9B5867DB87A52" style="OLC">
<subparagraph id="HADA48954AF934A55B42955D93FA935B4"><enum>(I)</enum><text display-inline="yes-display-inline">Such country is a country with a pattern of
noncooperation regarding unresolved cases of alleged international child
abduction or denial of rights of access, as such terms are defined in the
International Child Abduction Prevention Act of
2009.</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="HF5AC4F0F694C41689E713748CB3675E3"><enum>(2)</enum><text>in the flush left
matter after subparagraph (I)—</text>
<subparagraph id="H945B5D7D2F474181BA50618A931AF583"><enum>(A)</enum><text>by striking
<quote>and (H)</quote> and inserting <quote>(H)</quote>; and</text>
</subparagraph><subparagraph id="HB4B2C516491047279F8C1326DDAE49FF"><enum>(B)</enum><text>by inserting after
<quote>D))</quote> the following: <quote>and (I)</quote>.</text>
</subparagraph></paragraph></section><enum>III</enum><header>Miscellaneous
provisions</header>
<section id="H3DBCDD9ECD9043D1BD4682395E9B41A9"><enum>301.</enum><header>Amendment of
restriction for the issuance of passports for children under age
14</header><text display-inline="no-display-inline">Section 236(a)(2)(B) of the
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 is amended—</text>
<paragraph id="H4E910CA2FB5145C494D74223DFEA8FBC"><enum>(1)</enum><text>in clause (ii), by
striking <quote>or</quote> at the end;</text>
</paragraph><paragraph id="HD7A4AE6C7CE84789959CA81BE47D88EA"><enum>(2)</enum><text>in clause (iii),
by striking the period at the end and inserting <quote>; or</quote>; and</text>
</paragraph><paragraph id="H0C7AA4F41C7347B4BAB3686B9EAAB2F"><enum>(3)</enum><text>by
adding at the end the following new clause:</text>
<quoted-block display-inline="no-display-inline" id="H1EA925D456084D69B75A692669857407" style="OLC">
<clause id="H07B1CFAEB728479E87EFEC5C212BCAC1"><enum>(iv)</enum><text display-inline="yes-display-inline">in cases in which the child is living
outside the United States, such person is a United States citizen, has joint
custody over the child, and is executing the application for issuance of a
passport outside the United
States.</text>
</clause><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="H6C74CCB55526470499EEE35B809D90BC"><enum>302.</enum><header>Authorization
of appropriations</header><text display-inline="no-display-inline">There is
authorized to be appropriated such sums as may be necessary for each of fiscal
years 2010 through 2013 to carry out this Act and the amendments made by this
Act.</text>
</section>