[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.
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