[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1940 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1940

   To ensure compliance with the 1980 Hague Convention on the Civil 
 Aspects of International Child Abduction by countries with which the 
 United States enjoys reciprocal obligations, to establish procedures 
for the prompt return of children abducted to other countries, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2011

   Mr. Smith of New Jersey (for himself and Mr. Wolf) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
    and in addition to the Committees on Ways and Means, Financial 
  Services, the Judiciary, and Oversight and Government Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To ensure compliance with the 1980 Hague Convention on the Civil 
 Aspects of International Child Abduction by countries with which the 
 United States enjoys reciprocal obligations, to establish procedures 
for the prompt return of children abducted to other countries, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Child Abduction 
Prevention and Return Act of 2011''.

SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.

    (a) Findings.--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 1,793 open cases involving more than 2,488 
        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 2010, the Central Authority for the 
        United States responded to cases involving 696 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 360 children 
        were returned from Hague Convention countries to the United 
        States.
            (3) The number of outgoing international child abductions 
        reported to the Central Authority for the United States 
        increased by about 60 percent since 2006.
            (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, St. Kitts and Nevis has not 
        acted in compliance with the terms it agreed to as a party to 
        the Hague Convention, and Bermuda, Brazil, Bulgaria, Burkina 
        Faso, Mexico, Honduras, and the Bahamas 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. Argentina, Australia, Austria, Costa Rica, France, 
        Germany, Honduras, Hungary, Israel, Mexico, Romania, South 
        Africa, Spain, Switzerland, and Turkey all failed to enforce 
        return and access orders in 2010.
            (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 2010 reported 
        that it had been provided notice of 384 cases of parental 
        abductions involving 523 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 for abductions and access cases a cumulative total of 
        156 children in Japan, 94 children in India, 60 children in 
        Brazil, and 29 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 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.''.
            (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) Sense of Congress.--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) Purposes.--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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ambassador at large.--The term ``Ambassador at Large'' 
        means the Ambassador at Large for International Child 
        Abductions appointed under section 101.
            (2) Annual report.--The term ``Annual Report'' means the 
        Annual Report on International Child Abductions required under 
        section 102.
            (3) Appropriate congressional committees.--Except 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 states.--The 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) Hague convention.--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 report.--The 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 signatory.--The 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) MOU.--The term ``MOU'' means a memorandum of 
        understanding.
            (9) MOU country.--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 MOUs 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) Nonsignatory country.--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) Office.--The term ``Office'' means the Office on 
        International Child Abductions established pursuant to section 
        101.
            (12) Pattern of noncooperation.--The 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) Rights of access.--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 case.--The 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) Unresolved access case.--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.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

SEC. 101. OFFICE ON INTERNATIONAL CHILD ABDUCTIONS; AMBASSADOR AT LARGE 
              FOR INTERNATIONAL CHILD ABDUCTIONS.

    (a) Establishment of Office.--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).
    (b) Appointment.--The Ambassador at Large shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (c) Duties.--The Ambassador at Large shall have the following 
responsibilities:
            (1) In general.--The primary responsibility of the 
        Ambassador at Large shall be to--
                    (A) promote measures to prevent the international 
                abduction of children from the United States;
                    (B) advocate on behalf of children whose habitual 
                residence is the United States and who have been 
                abducted to another country;
                    (C) assist left-behind parents in the resolution of 
                abduction or refusal of access cases; and
                    (D) advance mechanisms to prevent and resolve cases 
                of international child abduction abroad.
            (2) Advisory role.--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--
                    (A) the policies of the United States Government 
                toward governments with a pattern of noncooperation 
                with respect to cases of international child abduction;
                    (B) 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;
                    (C) policies to address international child 
                abduction globally;
                    (D) the position of the United States Government on 
                cases establishing the future functioning of the Hague 
                Convention in the country at issue; and
                    (E) the position of the United States Government on 
                a request to accept an accession to the Hague 
                Convention.
            (3) Diplomatic representation.--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--
                    (A) 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;
                    (B) multilateral conferences and meetings relevant 
                to international child abduction; and
                    (C) advocating accession to the Hague Convention, 
                or, where accession to the Hague Convention is not 
                possible, negotiating MOUs.
            (4) Reporting responsibilities.--The Ambassador at Large 
        shall have the reporting responsibilities described in section 
        102.
            (5) Case file management system and information protocol.--
        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.
            (6) Uniform case intake procedures.--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.
            (7) Civil service employees.--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.
            (8) Legal advice.--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.
            (9) User friendly resources.--The Ambassador at Large shall 
        establish user-friendly resources, including--
                    (A) a toll free number that goes directly to the 
                Office; and
                    (B) a language line for left behind parents who do 
                not speak English.
            (10) Assistance to judges.--The Ambassador at Large shall--
                    (A) be responsible for producing and disseminating 
                a training course for United States Federal and State 
                judges likely to receive Hague Convention cases; and
                    (B) 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.
    (d) Funding.--The Secretary of State shall provide the Ambassador 
at Large with such funds as may be necessary for--
            (1) the hiring of staff for the Office;
            (2) the conduct of investigations by the Office;
            (3) the establishment of a case file management system;
            (4) the translation of case documents in cases that may 
        have systemic effect in the country in question;
            (5) the development of training materials; and for
            (6) necessary travel to carry out the provisions of this 
        section.

SEC. 102. ANNUAL REPORT.

    (a) In General.--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:
            (1) Hague convention signatory countries.--Information on 
        the following:
                    (A) A current list of those countries with which 
                the United States has reciprocal obligations under the 
                Hague Convention.
                    (B) A current list of those countries that have 
                requested the United States to accept their accession 
                to the Hague Convention.
                    (C) 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.
                    (D) 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.
                    (E) For each pending unresolved case, including the 
                current reporting year and previous years--
                            (i) the date of the alleged abduction or 
                        wrongful retention;
                            (ii) the date any administrative or 
                        judicial application pursuant to the Hague 
                        Convention was brought, if applicable;
                            (iii) 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
                            (iv) 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.
                    (F) 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.
                    (G) 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.
                    (H) All reporting requirements contained in the 
                Hague Convention compliance report.
            (2) MOU countries.--Information on the following:
                    (A) A list of those countries that are MOU 
                countries.
                    (B) A description of the basic elements of the 
                memorandum of understanding entered into with each 
                country specified in subparagraph (A).
                    (C) Whether each such country is moving toward 
                accession to the Hague Convention.
                    (D) 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.
                    (E) 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.
                    (F) For each unresolved abduction or access case--
                            (i) the date of the alleged abduction or 
                        wrongful retention;
                            (ii) 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;
                            (iii) whether the protocols established 
                        pursuant to the applicable MOU have been 
                        followed;
                            (iv) 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;
                            (v) 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
                            (vi) recommendations to amend the 
                        applicable MOU to improve the resolution of 
                        cases and ameliorate any systemic issues.
            (3) Nonsignatory countries.--Information on the following:
                    (A) A list of those countries that are neither 
                Hague Convention signatory countries nor MOU countries.
                    (B) Information on efforts by the Department of 
                State to encourage each such nonsignatory country to 
                become a Hague Convention signatory country or MOU 
                country.
                    (C) For each unresolved abduction or access case--
                            (i) the date of the alleged abduction or 
                        wrongful retention;
                            (ii) 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;
                            (iii) 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;
                            (iv) 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
                            (v) recommendations for specific actions 
                        which may be taken by the United States 
                        Government to improve the resolution of cases 
                        and ameliorate any systemic issues.
    (b) Exception.--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.
    (c) Additional Thematic Sections.--Each Annual Report under this 
section shall also include--
            (1) 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;
            (2) 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
            (3) information on actions taken by the Central Authority 
        for the United States to train domestic and foreign judges in 
        application of the Hague Convention.
    (d) Standards and Assistance.--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.
    (e) Termination.--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.

                     TITLE II--PRESIDENTIAL ACTIONS

SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO PATTERNS OF 
              NONCOOPERATION IN CASES OF INTERNATIONAL CHILD 
              ABDUCTIONS.

    (a) Response to International Child Abductions.--
            (1) United states policy.--It shall be the policy of the 
        United States to--
                    (A) 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;
                    (B) 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
                    (C) 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.
            (2) Requirement of presidential action.--Whenever the 
        President determines that the government of a foreign country 
        has engaged in a pattern of noncooperation, the President shall 
        promote the resolution of the unresolved cases through one or 
        more of the actions described in section 204(a).
    (b) Designations of Countries With Patterns of Noncooperation in 
Cases of International Child Abduction.--
            (1) Annual review.--
                    (A) In general.--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.
                    (B) Basis of review.--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.
                    (C) Implementation.--Any review under subparagraph 
                (A) of a country may take place singly or jointly with 
                the review of one or more countries.
            (2) Determinations of responsible parties.--For the 
        government of each country designated as a Country With a 
        Pattern of Noncooperation under paragraph (1)(A), the President 
        shall seek to determine the 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.
            (3) Congressional notification.--Whenever the President 
        designates a country as a Country With a Pattern of 
        Noncooperation under paragraph (1)(A), the President shall, as 
        soon as practicable after such designation is made, transmit to 
        the appropriate congressional committees information relating 
        to--
                    (A) the designation of the country, signed by the 
                President; and
                    (B) one or more of the Presidential actions 
                described in paragraphs (10) through (16) of section 
                204(a) carried out against such country.
    (c) Presidential Actions With Respect to a Country With a Pattern 
of Noncooperation.--
            (1) In general.--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):
                    (A) Presidential actions.--One or more of the 
                Presidential actions described in paragraphs (10) 
                through (16) of section 204(a).
                    (B) Commensurate actions.--Commensurate action in 
                substitution to any action referred to in subparagraph 
                (A).
            (2) Authority for delay of presidential actions.--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--
                    (A) 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
                    (B)(i) for a review of corrective action taken by 
                such country after designation of such country as a 
                Country With a Pattern of Noncooperation, or
                    (ii) in anticipation that corrective action will be 
                taken by such country during such 90-day period,
                the President shall not be required to take such action 
                until the expiration of such period of time.
            (3) Exception for ongoing presidential action.--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:
                    (A) The President has taken action pursuant to such 
                paragraph in a preceding year.
                    (B) 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).
                    (C) 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.
                    (D) 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.
    (d) Rule of Construction.--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).

SEC. 202. CONSULTATIONS.

    (a) Notification.--
            (1) In general.--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.
            (2) Exception.--Paragraph (1) shall not apply if the left 
        behind parent does not consent to the notification described in 
        such paragraph.
    (b) Duty To Consult With Foreign Governments.--The President 
shall--
            (1) 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
            (2) if agreed to, enter into such consultations, privately 
        or publicly.
    (c) Duty To Consult With Left Behind Parents in the United 
States.--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).
    (d) Duty To Consult With Other United States Interested Parties.--
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.

SEC. 203. REPORT TO CONGRESS.

    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:
            (1) Identification of presidential actions.--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.
            (2) Description of violations.--A description of the 
        unresolved cases of child abduction giving rise to the action 
        or actions to be taken by the President.
            (3) Purpose of presidential actions.--A description of the 
        purpose of the Presidential action or actions.
            (4) Evaluation.--
                    (A) Description.--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--
                            (i) the impact upon such unresolved cases 
                        in such country;
                            (ii) the impact upon the government of such 
                        country;
                            (iii) the impact upon the population of 
                        such country; and
                            (iv) the impact upon the United States 
                        economy and other interested parties.
                    (B) Authority to withhold disclosure.--The 
                President may withhold part or all of such evaluation 
                from the public, if classified, but shall provide the 
                entire evaluation to Congress.
            (5) Statement of policy options.--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.

SEC. 204. PRESIDENTIAL ACTIONS.

    (a) Description of Presidential Actions.--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:
            (1) A private demarche.
            (2) An official public demarche.
            (3) A statement of nonreciprocity under the Hague 
        Convention.
            (4) A public condemnation.
            (5) A public condemnation within one or more multilateral 
        fora.
            (6) The delay or cancellation of one or more scientific 
        exchanges.
            (7) The delay or cancellation of one or more cultural 
        exchanges.
            (8) The denial of one or more working, official, or state 
        visits.
            (9) The delay or cancellation of one or more working, 
        official, or state visits.
            (10) 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)).
            (11) 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).
            (12) 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.
            (13) 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).
            (14) 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.
            (15) 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.
            (16) 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--
                    (A) the Export Administration Act of 1979;
                    (B) the Arms Export Control Act;
                    (C) the Atomic Energy Act of 1954; or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or re-export of goods or 
                services.
            (17) 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.
            (18) 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.
    (b) Commensurate Action.--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.
    (c) Exceptions.--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.

SEC. 205. EFFECTS ON EXISTING CONTRACTS.

    The President shall not be required to apply or maintain any action 
under this section 204--
            (1) in the case of procurement of defense articles or 
        defense services--
                    (A) 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;
                    (B) 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
                    (C) 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
            (2) 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.

SEC. 206. PRESIDENTIAL WAIVER.

    (a) In General.--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--
            (1) the government of such has satisfactorily resolved the 
        unresolved cases giving rise to the application of any of such 
        actions and--
                    (A) 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;
                    (B) if such country is an MOU country, such country 
                has taken measures to ensure future compliance with the 
                provisions of the MOU at issue; or
                    (C) 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;
            (2) the exercise of such waiver authority would further the 
        purposes of this Act; or
            (3) the important national interest of the United States 
        requires the exercise of such waiver authority.
    (b) Congressional Notification.--Not later than the date of the 
exercise of a waiver under subsection (a), the President shall notify 
the appropriate congressional committees of such waiver or the 
intention to exercise such waiver, together with a detailed 
justification thereof.

SEC. 207. PUBLICATION IN FEDERAL REGISTER.

    (a) In General.--Subject to subsection (b), the President shall 
ensure publication in the Federal Register of the following:
            (1) Determinations of governments, agencies, 
        instrumentalities of countries with patterns of 
        noncooperation.--Any designation of a country that the 
        President has designated as a Country With a Pattern of 
        Noncooperation under section 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.
            (2) Presidential actions.--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.
            (3) Delays in transmittal of presidential action reports.--
        Any delay in transmittal of a report required under in section 
        203.
            (4) Waivers.--Any waiver issued under section 206.
    (b) Limited Disclosure of Information.--The President may limit 
publication of information under this section in the same manner and to 
the same extent as the President may limit the publication of findings 
and determinations described in section 654(c) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2414(c)), if the President determines 
that the publication of such information--
            (1) would be harmful to the national security of the United 
        States; or
            (2) would not further the purposes of this Act.

SEC. 208. TERMINATION OF PRESIDENTIAL ACTIONS.

    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:
            (1) Not later than two years after the effective date of 
        such action unless expressly reauthorized by law.
            (2) 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.

SEC. 209. PRECLUSION OF JUDICIAL REVIEW.

    No court shall have jurisdiction to review any Presidential 
determination or agency action under this Act or any amendment made by 
this Act.

SEC. 210. UNITED STATES ASSISTANCE.

    (a) Implementation of Prohibition on Economic Assistance.--Section 
116(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(c)) is 
amended--
            (1) in matter preceding paragraph (1), by inserting ``and 
        in consultation with the Ambassador at Large for International 
        Child Abduction'' after ``Freedom'';
            (2) in paragraph (3)(B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) whether the government--
                    ``(A) 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
                    ``(B) has failed to undertake serious and sustained 
                efforts to locate children allegedly abducted to the 
                country when such efforts could have been reasonably 
                undertaken.''.
    (b) Implementation of Prohibition on Military Assistance.--Section 
502B(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) 
is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraphs:
                    ``(C) 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
                    ``(D) has failed to undertake serious and sustained 
                efforts to locate children allegedly abducted to the 
                country when such efforts could have been reasonably 
                undertaken.''.
    (c) Expanded Consultation.--Section 502B(b) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended, in the first 
sentence, by inserting ``and with the assistance of the Ambassador at 
Large for International Child Abduction,'' after ``the Ambassador at 
Large for International Religious Freedom,''.

SEC. 211. MULTILATERAL ASSISTANCE.

    Section 701 of the International Financial Institutions Act (22 
U.S.C. 262d) is amended by adding at the end the following new 
subsection:
    ``(h) 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--
            ``(1) 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
            ``(2) has failed to undertake serious and sustained efforts 
        to locate children allegedly abducted to such country when such 
        efforts could have been reasonably undertaken.''.

SEC. 212. AMENDMENT TO GENERALIZED SYSTEM OF PREFERENCES ELIGIBILITY 
              FOR GENERALIZED SYSTEM OF PREFERENCES.

    Section 502(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)) 
is amended--
            (1) by inserting after subparagraph (H) the following new 
        subparagraph:
                    ``(I) 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.''; and
            (2) in the flush left matter after subparagraph (I)--
                    (A) by striking ``and (H)'' and inserting ``(H)''; 
                and
                    (B) by inserting after ``D))'' the following: ``and 
                (I)''.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. AMENDMENT OF RESTRICTION FOR THE ISSUANCE OF PASSPORTS FOR 
              CHILDREN UNDER AGE 14.

    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--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                            ``(iv) 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.''.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    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.
                                 <all>