[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 16, 2014.
Resolved, That the bill from the House of Representatives (H.R.
3212) entitled ``An Act to ensure compliance with the 1980 Hague
Convention on the Civil Aspects of International Child Abduction by
countries with which the United States enjoys reciprocal obligations,
to establish procedures for the prompt return of children abducted to
other countries, and for other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sean and David
Goldman International Child Abduction Prevention and Return Act of
2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings; sense of Congress; purposes.
Sec. 3. Definitions.
TITLE I--DEPARTMENT OF STATE ACTIONS
Sec. 101. Annual report.
Sec. 102. Standards and assistance.
Sec. 103. Bilateral procedures, including memoranda of
understanding.
Sec. 104. Report to congressional representatives.
TITLE II--ACTIONS BY THE SECRETARY OF STATE
Sec. 201. Response to international child abductions.
Sec. 202. Actions by the Secretary of State in response to
patterns of noncompliance in cases
of international child abductions.
Sec. 203. Consultations with foreign governments.
Sec. 204. Waiver by the Secretary of State.
Sec. 205. Termination of actions by the Secretary of State.
TITLE III--PREVENTION OF INTERNATIONAL CHILD ABDUCTION
Sec. 301. Preventing children from leaving the United States in
violation of a court order.
Sec. 302. Authorization for judicial training on international
parental child abduction.
SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Sean Goldman, a United States citizen and resident of
New Jersey, was abducted from the United States in 2004 and
separated from his father, David Goldman, who spent nearly 6
years battling for the return of his son from Brazil before
Sean was finally returned to Mr. Goldman's custody on December
24, 2009.
(2) The Department of State's Office of Children's Issues,
which serves as the Central Authority of the United States for
the purposes of the 1980 Hague Convention on the Civil Aspects
of International Child Abduction (referred to in this Act as
the ``Hague Abduction Convention''), has received thousands of
requests since 2007 for assistance in the return to the United
States of children who have been wrongfully abducted by a
parent or other legal guardian to another country.
(3) For a variety of reasons reflecting the significant
obstacles to the recovery of abducted children, as well as the
legal and factual complexity involving such cases, not all
cases are reported to the Central Authority of the United
States.
(4) More than 1,000 outgoing international child abductions
are reported every year to the Central Authority of the United
States, which depends solely on proactive reporting of
abduction cases.
(5) Only about one-half of the children abducted from the
United States to countries with which the United States enjoys
reciprocal obligations under the Hague Abduction Convention are
returned to the United States.
(6) The United States and other Convention countries have
expressed their desire, through the Hague Abduction Convention,
``to protect children internationally from the harmful effects
of their wrongful removal or retention and to establish
procedures to ensure their prompt return to the State of their
habitual residence, as well as to secure protection for rights
of access.''
(7) Compliance by the United States and other Convention
countries depends on the actions of their designated central
authorities, the performance of their judicial systems as
reflected in the legal process and decisions rendered to
enforce or effectuate the Hague Abduction Convention, and the
ability and willingness of their law enforcement authorities to
ensure the swift enforcement of orders rendered pursuant to the
Hague Abduction Convention.
(8) According to data from the Department of State,
approximately 40 percent of abduction cases involve children
taken from the United States to countries with which the United
States does not have reciprocal obligations under the Hague
Abduction Convention or other arrangements relating to the
resolution of abduction cases.
(9) According to the Department of State's April 2010
Report on Compliance with the Hague Convention on the Civil
Aspects of International Child Abduction, ``parental child
abduction jeopardizes the child and has substantial long-term
consequences for both the child and the left-behind parent.''
(10) Few left-behind parents have the extraordinary
financial resources necessary--
(A) to pursue individual civil or criminal remedies
in both the United States and a foreign country, even
if such remedies are available; or
(B) to engage in repeated foreign travel to attempt
to obtain the return of their children through
diplomatic or other channels.
(11) Military parents often face additional complications
in resolving abduction cases because of the challenges
presented by their military obligations.
(12) In addition to using the Hague Abduction Convention to
achieve the return of abducted children, the United States has
an array of Federal, State, and local law enforcement, criminal
justice, and judicial tools at its disposal to prevent
international abductions.
(13) Federal agencies tasked with preventing international
abductions have indicated that the most effective way to stop
international child abductions is while they are in progress,
rather than after the child has been removed to a foreign
destination.
(14) Parental awareness of abductions in progress, rapid
response by relevant law enforcement, and effective
coordination among Federal, State, local, and international
stakeholders are critical in preventing such abductions.
(15) A more robust application of domestic tools, in
cooperation with international law enforcement entities and
appropriate application of the Hague Abduction Convention
could--
(A) discourage some parents from attempting
abductions;
(B) block attempted abductions at ports of exit;
and
(C) help achieve the return of more abducted
children.
(b) Sense of Congress.--It is the sense of Congress that the United
States should set a strong example for other Convention countries in
the timely location and prompt resolution of cases involving children
abducted abroad and brought to the United States.
(c) Purposes.--The purposes of this Act are--
(1) to protect children whose habitual residence is the
United States from wrongful abduction;
(2) to assist left-behind parents in quickly resolving
cases and maintaining safe and predictable contact with their
child while an abduction case is pending;
(3) to protect the custodial rights of parents, including
military parents, by providing the parents, the judicial
system, and law enforcement authorities with the information
they need to prevent unlawful abduction before it occurs;
(4) to enhance the prompt resolution of abduction and
access cases;
(5) to detail an appropriate set of actions to be
undertaken by the Secretary of State to address persistent
problems in the resolution of abduction cases;
(6) to establish a program to prevent wrongful abductions;
and
(7) to increase interagency coordination in preventing
international child abduction by convening a working group
composed of presidentially appointed and Senate confirmed
officials from the Department of State, the Department of
Homeland Security, and the Department of Justice.
SEC. 3. DEFINITIONS.
In this Act:
(1) Abducted child.--The term ``abducted child'' means a
child who is the victim of international child abduction.
(2) Abduction.--The term ``abduction'' means the alleged
wrongful removal of a child from the child's country of
habitual residence, or the wrongful retention of a child
outside such country, in violation of a left-behind parent's
custodial rights, including the rights of a military parent.
(3) Abduction case.--The term ``abduction case'' means a
case that--
(A) has been reported to the Central Authority of
the United States by a left-behind parent for the
resolution of an abduction; and
(B) meets the criteria for an international child
abduction under the Hague Abduction Convention,
regardless of whether the country at issue is a
Convention country.
(4) Access case.--The term ``access case'' means a case
involving an application filed with the Central Authority of
the United States by a parent seeking rights of access.
(5) Annual report.--The term ``Annual Report'' means the
Annual Report on International Child Abduction required under
section 101.
(6) Application.--The term ``application'' means--
(A) in the case of a Convention country, the
application required pursuant to article 8 of the Hague
Abduction Convention;
(B) in the case of a bilateral procedures country,
the formal document required, pursuant to the
provisions of the applicable arrangement, to request
the return of an abducted child or to request rights of
access, as applicable; and
(C) in the case of a non-Convention country, the
formal request by the Central Authority of the United
States to the Central Authority of such country
requesting the return of an abducted child or for
rights of contact with an abducted child.
(7) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(8) Bilateral procedures.--The term ``bilateral
procedures'' means any procedures established by, or pursuant
to, a bilateral arrangement, including a Memorandum of
Understanding between the United States and another country, to
resolve abduction and access cases, including procedures to
address interim contact matters.
(9) Bilateral procedures country.--The term ``bilateral
procedures country'' means a country with which the United
States has entered into bilateral procedures, including
Memoranda of Understanding, with respect to child abductions.
(10) Central authority.--The term ``Central Authority''
means--
(A) in the case of a Convention country, the
meaning given such term in article 6 of the Hague
Abduction Convention;
(B) in the case of a bilateral procedures country,
the official entity designated by the government of the
bilateral procedures country within the applicable
memorandum of understanding pursuant to section
103(b)(1) to discharge the duties imposed on the
entity; and
(C) in the case of a non-Convention country, the
foreign ministry or other appropriate authority of such
country.
(11) Child.--The term ``child'' means an individual who has
not attained 16 years of age.
(12) Convention country.--The term ``Convention country''
means a country for which the Hague Abduction Convention has
entered into force with respect to the United States.
(13) Hague abduction convention.--The term ``Hague
Abduction Convention'' means the Convention on the Civil
Aspects of International Child Abduction, done at The Hague
October 25, 1980.
(14) Interim contact.--The term ``interim contact'' means
the ability of a left-behind parent to communicate with or
visit an abducted child during the pendency of an abduction
case.
(15) Left-behind parent.--The term ``left-behind parent''
means an individual or legal custodian who alleges that an
abduction has occurred that is in breach of rights of custody
attributed to such individual.
(16) Non-convention country.--The term ``non-Convention
country'' means a country in which the Hague Abduction
Convention has not entered into force with respect to the
United States.
(17) Overseas military dependent child.--The term
``overseas military dependent child'' means a child whose
habitual residence is the United States according to United
States law even though the child is residing outside the United
States with a military parent.
(18) Overseas military parent.--The term ``overseas
military parent'' means an individual who--
(A) has custodial rights with respect to a child;
and
(B) is serving outside the United States as a
member of the United States Armed Forces.
(19) Pattern of noncompliance.--
(A) In general.--The term ``pattern of
noncompliance'' means the persistent failure--
(i) of a Convention country to implement
and abide by provisions of the Hague Abduction
Convention;
(ii) of a non-Convention country to abide
by bilateral procedures that have been
established between the United States and such
country; or
(iii) of a non-Convention country to work
with the Central Authority of the United States
to resolve abduction cases.
(B) Persistent failure.--Persistent failure under
subparagraph (A) may be evidenced in a given country by
the presence of 1 or more of the following criteria:
(i) Thirty percent or more of the total
abduction cases in such country are unresolved
abduction cases.
(ii) The Central Authority regularly fails
to fulfill its responsibilities pursuant to--
(I) the Hague Abduction Convention;
or
(II) any bilateral procedures
between the United States and such
country.
(iii) The judicial or administrative
branch, as applicable, of the national
government of a Convention country or a
bilateral procedures country fails to regularly
implement and comply with the provisions of the
Hague Abduction Convention or bilateral
procedures, as applicable.
(iv) Law enforcement authorities regularly
fail to enforce return orders or determinations
of rights of access rendered by the judicial or
administrative authorities of the government of
the country in abduction cases.
(20) Rights of access.--The term ``rights of access'' means
the establishment of rights of contact between a child and a
parent seeking access in Convention countries--
(A) by operation of law;
(B) through a judicial or administrative
determination; or
(C) through a legally enforceable arrangement
between the parties.
(21) Rights of custody.--The term ``rights of custody''
means rights of care and custody of a child, including the
right to determine the place of residence of a child, under the
laws of the country in which the child is a habitual resident--
(A) attributed to an individual or legal custodian;
and
(B) arising--
(i) by operation of law; or
(ii) through a judicial or administrative
decision; or
(iii) through a legally enforceable
arrangement between the parties.
(22) Rights of interim contact.--The term ``rights of
interim contact'' means the rights of contact between a child
and a left-behind parent, which has been provided as a
provisional measure while an abduction case is pending, under
the laws of the country in which the child is located--
(A) by operation of law; or
(B) through a judicial or administrative
determination; or
(C) through a legally enforceable arrangement
between the parties.
(23) Unresolved abduction case.--
(A) In general.--Subject to subparagraph (B), the
term ``unresolved abduction case'' means an abduction
case that remains unresolved for a period that exceeds
12 months after the date on which the completed
application for return of the child is submitted for
determination to the judicial or administrative
authority, as applicable, in the country in which the
child is located.
(B) Resolution of case.--An abduction case shall be
considered to be resolved if--
(i) the child is returned to the country of
habitual residence, pursuant to the Hague
Abduction Convention or other appropriate
bilateral procedures, if applicable;
(ii) the judicial or administrative branch,
as applicable, of the government of the country
in which the child is located has implemented,
and is complying with, the provisions of the
Hague Abduction Convention or other bilateral
procedures, as applicable;
(iii) the left-behind parent reaches a
voluntary arrangement with the other parent;
(iv) the left-behind parent submits a
written withdrawal of the application or the
request for assistance to the Department of
State;
(v) the left-behind parent cannot be
located for 1 year despite the documented
efforts of the Department of State to locate
the parent; or
(vi) the child or left-behind parent is
deceased.
TITLE I--DEPARTMENT OF STATE ACTIONS
SEC. 101. ANNUAL REPORT.
(a) In General.--Not later than April 30 of each year, the
Secretary of State shall submit to the appropriate congressional
committees an Annual Report on International Child Abduction. The
Secretary shall post the Annual Report to the publicly accessible
website of the Department of State.
(b) Contents.--Each Annual Report shall include--
(1) a list of all countries in which there were 1 or more
abduction cases, during the preceding calendar year, relating
to a child whose habitual residence is the United States,
including a description of whether each such country--
(A) is a Convention country;
(B) is a bilateral procedures country;
(C) has other procedures for resolving such
abductions; or
(D) adheres to no protocols with respect to child
abduction;
(2) for each country with respect to which there were 5 or
more pending abduction cases, during the preceding year,
relating to a child whose habitual residence is the United
States--
(A) the number of such new abduction and access
cases reported during the preceding year;
(B) for Convention and bilateral procedures
countries--
(i) the number of abduction and access
cases that the Central Authority of the United
States transmitted to the Central Authority of
such country; and
(ii) the number of abduction and access
cases that were not submitted by the Central
Authority to the judicial or administrative
authority, as applicable, of such country;
(C) the reason for the delay in submission of each
case identified in subparagraph (B)(ii) by the Central
Authority of such country to the judicial or
administrative authority of that country;
(D) the number of unresolved abduction and access
cases, and the length of time each case has been
pending;
(E) the number and percentage of unresolved
abduction cases in which law enforcement authorities
have--
(i) not located the abducted child;
(ii) failed to undertake serious efforts to
locate the abducted child; and
(iii) failed to enforce a return order
rendered by the judicial or administrative
authorities of such country;
(F) the total number and the percentage of the
total number of abduction and access cases,
respectively, resolved during the preceding year;
(G) recommendations to improve the resolution of
abduction and access cases; and
(H) the average time it takes to locate a child;
(3) the number of abducted children whose habitual
residence is in the United States and who were returned to the
United States from--
(A) Convention countries;
(B) bilateral procedures countries;
(C) countries having other procedures for resolving
such abductions; or
(D) countries adhering to no protocols with respect
to child abduction;
(4) a list of Convention countries and bilateral procedures
countries that have failed to comply with any of their
obligations under the Hague Abduction Convention or bilateral
procedures, as applicable, with respect to the resolution of
abduction and access cases;
(5) a list of countries demonstrating a pattern of
noncompliance and a description of the criteria on which the
determination of a pattern of noncompliance for each country is
based;
(6) information on efforts by the Secretary of State to
encourage non-Convention countries--
(A) to ratify or accede to the Hague Abduction
Convention;
(B) to enter into or implement other bilateral
procedures, including memoranda of understanding, with
the United States; and
(C) to address pending abduction and access cases;
(7) the number of cases resolved without abducted children
being returned to the United States from Convention countries,
bilateral procedures countries, or other non-Convention
countries;
(8) a list of countries that became Convention countries
with respect to the United States during the preceding year;
and
(9) information about efforts to seek resolution of
abduction cases of children whose habitual residence is in the
United States and whose abduction occurred before the Hague
Abduction Convention entered into force with respect to the
United States.
(c) Exceptions.--Unless a left-behind parent provides written
permission to the Central Authority of the United States to include
personally identifiable information about the parent or the child in
the Annual Report, the Annual Report may not include any personally
identifiable information about any such parent, child, or party to an
abduction or access case involving such parent or child.
(d) Additional Sections.--Each Annual Report shall also include--
(1) information on the number of unresolved abduction cases
affecting military parents;
(2) a description of the assistance offered to such
military parents;
(3) information on the use of airlines in abductions,
voluntary airline practices to prevent abductions, and
recommendations for best airline practices to prevent
abductions;
(4) information on actions taken by the Central Authority
of the United States to train domestic judges in the
application of the Hague Abduction Convention; and
(5) information on actions taken by the Central Authority
of the United States to train United States Armed Forces legal
assistance personnel, military chaplains, and military family
support center personnel about--
(A) abductions;
(B) the risk of loss of contact with children; and
(C) the legal means available to resolve such
cases.
(e) Repeal of the Hague Abduction Convention Compliance Report.--
Section 2803 of the Foreign Affairs Reform and Restructuring Act of
1998 (42 U.S.C. 11611) is repealed.
(f) Notification to Congress on Countries in Noncompliance.--
(1) In general.--The Secretary of State shall include, in a
separate section of the Annual Report, the Secretary's
determination, pursuant to the provisions under section 202(b),
of whether each country listed in the report has engaged in a
pattern of noncompliance in cases of child abduction during the
preceding 12 months.
(2) Contents.--The section described in paragraph (1)--
(A) shall identify any action or actions described
in section 202(d) (or commensurate action as provided
in section 202(e)) that have been taken by the
Secretary with respect to each country;
(B) shall describe the basis for the Secretary's
determination of the pattern of noncompliance by each
country;
(C) shall indicate whether noneconomic policy
options designed to resolve the pattern of
noncompliance have reasonably been exhausted, including
the consultations required under section 203.
SEC. 102. STANDARDS AND ASSISTANCE.
The Secretary of State shall--
(1) ensure that United States diplomatic and consular
missions abroad--
(A) maintain a consistent reporting standard with
respect to abduction and access cases;
(B) designate at least 1 senior official in each
such mission, at the discretion of the Chief of
Mission, to assist left-behind parents from the United
States who are visiting such country or otherwise
seeking to resolve abduction or access cases; and
(C) monitor developments in abduction and access
cases; and
(2) develop and implement written strategic plans for
engagement with any Convention or non-Convention country in
which there are 5 or more cases of international child
abduction.
SEC. 103. BILATERAL PROCEDURES, INCLUDING MEMORANDA OF UNDERSTANDING.
(a) Development.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
initiate a process to develop and enter into appropriate
bilateral procedures, including memoranda of understanding, as
appropriate, with non-Convention countries that are unlikely to
become Convention countries in the foreseeable future, or with
Convention countries that have unresolved abduction cases that
occurred before the Hague Abduction Convention entered into
force with respect to the United States or that country.
(2) Prioritization.--In carrying out paragraph (1), the
Secretary of State shall give priority to countries with
significant abduction cases and related issues.
(b) Elements.--The bilateral procedures described in subsection (a)
should include provisions relating to--
(1) the identification of--
(A) the Central Authority;
(B) the judicial or administrative authority that
will promptly adjudicate abduction and access cases;
(C) the law enforcement agencies; and
(D) the implementation of procedures to ensure the
immediate enforcement of an order issued by the
authority identified pursuant to subparagraph (B) to
return an abducted child to a left-behind parent,
including by--
(i) conducting an investigation to
ascertain the location of the abducted child;
(ii) providing protection to the abducted
child after such child is located; and
(iii) retrieving the abducted child and
making the appropriate arrangements for such
child to be returned to the child's country of
habitual residence;
(2) the implementation of a protocol to effectuate the
return of an abducted child identified in an abduction case not
later than 6 weeks after the application with respect to the
abduction case has been submitted to the judicial or
administrative authority, as applicable, of the country in
which the abducted child is located;
(3) the implementation of a protocol for the establishment
and protection of the rights of interim contact during pendency
of abduction cases; and
(4) the implementation of a protocol to establish periodic
visits between a United States embassy or consular official and
an abducted child, in order to allow the official to ascertain
the child's location and welfare.
SEC. 104. REPORT TO CONGRESSIONAL REPRESENTATIVES.
(a) Notification.--The Secretary of State shall submit written
notification to the Member of Congress and Senators, or Resident
Commissioner or Delegate, as appropriate, representing the legal
residence of a left-behind parent if such parent--
(1) reports an abduction to the Central Authority of the
United States; and
(2) consents to such notification.
(b) Timing.--At the request of any person who is a left-behind
parent, including a left-behind parent who previously reported an
abduction to the Central Authority of the United States before the date
of the enactment of this Act, the notification required under
subsection (a) shall be provided as soon as is practicable.
TITLE II--ACTIONS BY THE SECRETARY OF STATE
SEC. 201. RESPONSE TO INTERNATIONAL CHILD ABDUCTIONS.
(a) United States Policy.--It is the policy of the United States--
(1) to promote the best interest of children wrongfully
abducted from the United States by--
(A) establishing legal rights and procedures for
their prompt return; and
(B) ensuring the enforcement of reciprocal
international obligations under the Hague Abduction
Convention or arrangements under bilateral procedures;
(2) to promote the timely resolution of abduction cases
through 1 or more of the actions described in section 202; and
(3) to ensure appropriate coordination within the Federal
Government and between Federal, State, and local agencies
involved in abduction prevention, investigation, and
resolution.
(b) Actions by the Secretary of State in Response to Unresolved
Cases.--
(1) Determination of action by the secretary of state.--For
each abduction or access case relating to a child whose
habitual residence is in the United States that remains pending
or is otherwise unresolved on the date that is 12 months after
the date on which the Central Authority of the United States
submits such case to a foreign country, the Secretary of State
shall determine whether the government of such foreign country
has failed to take appropriate steps to resolve the case. If
the Secretary of State determines that such failure occurred,
the Secretary should, as expeditiously as practicable--
(A) take 1 or more of the actions described in
subsections (d) and (e) of section 202; and
(B) direct the Chief of Mission in that foreign
country to directly address the resolution of the case
with senior officials in the foreign government.
(2) Authority for delay of action by the secretary of
state.--The Secretary of State may delay any action described
in paragraph (1) if the Secretary determines that an additional
period of time, not to exceed 1 year, will substantially assist
in resolving the case.
(3) Report.--If the Secretary of State delays any action
pursuant to paragraph (2) or decides not to take an action
described in subsection (d) or (e) of section 202 after making
the determination described in paragraph (1), the Secretary,
not later than 15 days after such delay or decision, shall
provide a report to the appropriate congressional committees
that details the reasons for delaying action or not taking
action, as appropriate.
(4) Congressional briefings.--At the request of the
appropriate congressional committees, the Secretary of State
shall provide a detailed briefing, including a written report,
if requested, on actions taken to resolve a case or the cause
for delay.
(c) Implementation.--
(1) In general.--In carrying out subsection (b), the
Secretary of State should--
(A) take 1 or more actions that most appropriately
respond to the nature and severity of the governmental
failure to resolve the unresolved abduction case; and
(B) seek, to the fullest extent possible--
(i) to initially respond by communicating
with the Central Authority of the country; and
(ii) if clause (i) is unsuccessful, to
target subsequent actions--
(I) as narrowly as practicable,
with respect to the agencies or
instrumentalities of the foreign
government that are responsible for
such failures; and
(II) in ways that respect the
separation of powers and independence
of the judiciary of the country, as
applicable.
(2) Guidelines for actions by the secretary of state.--In
addition to the guidelines under paragraph (1), the Secretary
of State, in determining whether to take 1 or more actions
under paragraphs (5) through (7) of section 202(d) or section
202(e), shall seek to minimize any adverse impact on--
(A) the population of the country whose government
is targeted by the action or actions;
(B) the humanitarian activities of United States
and nongovernmental organizations in the country; and
(C) the national security interests of the United
States.
SEC. 202. ACTIONS BY THE SECRETARY OF STATE IN RESPONSE TO PATTERNS OF
NONCOMPLIANCE IN CASES OF INTERNATIONAL CHILD ABDUCTIONS.
(a) Response to a Pattern of Noncompliance.--It is the policy of
the United States--
(1) to oppose institutional or other systemic failures of
foreign governments to fulfill their obligations pursuant to
the Hague Abduction Convention or bilateral procedures, as
applicable, to resolve abduction and access cases;
(2) to promote reciprocity pursuant to, and in compliance
with, the Hague Abduction Convention or bilateral procedures,
as appropriate; and
(3) to directly engage with senior foreign government
officials to most effectively address patterns of
noncompliance.
(b) Determination of Countries With Patterns of Noncompliance in
Cases of International Child Abduction.--
(1) Annual review.--Not later than April 30 of each year,
the Secretary of State shall--
(A) review the status of abduction and access cases
in each foreign country in order to determine whether
the government of such country has engaged in a pattern
of noncompliance during the preceding 12 months; and
(B) report such determination pursuant to section
101(f).
(2) Determinations of responsible parties.--The Secretary
of State shall seek to determine the agencies or
instrumentalities of the government of each country determined
to have engaged in a pattern of noncompliance under paragraph
(1)(A) that are responsible for such pattern of noncompliance--
(A) to appropriately target actions in response to
such noncompliance; and
(B) to engage with senior foreign government
officials to effectively address such noncompliance.
(c) Actions by the Secretary of State With Respect to a Country
With a Pattern of Noncompliance.--
(1) In general.--Not later than 90 days (or 180 days in
case of a delay under paragraph (2)) after a country is
determined to have been engaged in a pattern of noncompliance
under subsection (b)(1)(A), the Secretary of State shall--
(A) take 1 or more of the actions described in
subsection (d);
(B) direct the Chief of Mission in that country to
directly address the systemic problems that led to such
determination; and
(C) inform senior officials in the foreign
government of the potential repercussions related to
such designation.
(2) Authority for delay of actions by the secretary of
state.--The Secretary shall not be required to take action
under paragraph (1) until the expiration of a single,
additional period of up to 90 days if, on or before the date on
which the Secretary of State is required to take such action,
the Secretary determines and certifies to the appropriate
congressional committees that such additional period is
necessary--
(A) for a continuation of negotiations that have
been commenced with the government of a country
described in paragraph (1) in order to bring about a
cessation of the pattern of noncompliance by such
country;
(B) for a review of corrective action taken by a
country after the designation of such country as being
engaged in a pattern of noncompliance under subsection
(b)(1)(A); or
(C) in anticipation that corrective action will be
taken by such country during such 90-day period.
(3) Exception for additional action by the secretary of
state.--The Secretary of State shall not be required to take
additional action under paragraph (1) with respect to a country
determined to have been engaged in a persistent pattern of
noncompliance if the Secretary--
(A) has taken action pursuant to paragraph (5),
(6), or (7) of subsection (d) with respect to such
country in the preceding year and such action continues
to be in effect;
(B) exercises the waiver under section 204 and
briefs the appropriate congressional committees; or
(C) submits a report to the appropriate
congressional committees that--
(i) indicates that such country is subject
to multiple, broad-based sanctions; and
(ii) describes how such sanctions satisfy
the requirements under this subsection.
(4) Report to congress.--Not later than 90 days after the
submission of the Annual Report, the Secretary shall submit a
report to Congress on the specific actions taken against
countries determined to have been engaged in a pattern of
noncompliance under this section.
(d) Description of Actions by the Secretary of State in Hague
Abduction Convention Countries.--Except as provided in subsection (f),
the actions by the Secretary of State referred to in this subsection
are--
(1) a demarche;
(2) an official public statement detailing unresolved
cases;
(3) a public condemnation;
(4) a delay or cancellation of 1 or more bilateral working,
official, or state visits;
(5) the withdrawal, limitation, or suspension of United
States development assistance in accordance with section 116 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n);
(6) the withdrawal, limitation, or suspension of United
States security assistance in accordance with section 502B of
the Foreign Assistance Act of 1961 (22 U.S.C. 2304);
(7) the withdrawal, limitation, or suspension of assistance
to the central government of a country pursuant to chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
et seq.; relating to the Economic Support Fund); and
(8) a formal request to the foreign country concerned to
extradite an individual who is engaged in abduction and who has
been formally accused of, charged with, or convicted of an
extraditable offense.
(e) Commensurate Action.--
(1) In general.--Except as provided in subsection (f), the
Secretary of State may substitute any other action authorized
by law for any action described in subsection (d) if the
Secretary determines that such action--
(A) is commensurate in effect to the action
substituted; and
(B) would substantially further the purposes of
this Act.
(2) Notification.--If commensurate action is taken pursuant
to this subsection, the Secretary shall submit a report to the
appropriate congressional committees that--
(A) describes such action;
(B) explains the reasons for taking such action;
and
(C) specifically describes the basis for the
Secretary's determination under paragraph (1) that such
action--
(i) is commensurate with the action
substituted; and
(ii) substantially furthers the purposes of
this Act.
(f) Resolution.--The Secretary of State shall seek to take all
appropriate actions authorized by law to resolve the unresolved case or
to obtain the cessation of such pattern of noncompliance, as
applicable.
(g) Humanitarian Exception.--Any action taken pursuant to
subsection (d) or (e) may not prohibit or restrict the provision of
medicine, medical equipment or supplies, food, or other life-saving
humanitarian assistance.
SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS.
As soon as practicable after the Secretary of State makes a
determination under section 201 in response to a failure to resolve
unresolved abduction cases or the Secretary takes an action under
subsection (d) or (e) of section 202, based on a pattern of
noncompliance, the Secretary shall request consultations with the
government of such country regarding the situation giving rise to such
determination.
SEC. 204. WAIVER BY THE SECRETARY OF STATE.
(a) In General.--Subject to subsection (b), the Secretary of State
may waive the application of any of the actions described in
subsections (d) and (e) of section 202 with respect to a country if the
Secretary determines and notifies the appropriate congressional
committees that--
(1) the government of such country--
(A) has satisfactorily resolved the abduction cases
giving rise to the application of any of such actions;
or
(B) has ended such country's pattern of
noncompliance; or
(2) the national security interest of the United States
requires the exercise of such waiver authority.
(b) Congressional Notification.--Not later than the date on which
the Secretary of State exercises the waiver authority under subsection
(a), the Secretary shall--
(1) notify the appropriate congressional committees of such
waiver; and
(2) provide such committees with a detailed justification
for such waiver, including an explanation of the steps the
noncompliant government has taken--
(A) to resolve abductions cases; or
(B) to end its pattern of noncompliance.
(c) Publication in Federal Register.--Subject to subsection (d),
the Secretary of State shall ensure that each waiver determination
under this section--
(1) is published in the Federal Register; or
(2) is posted on the Department of State website.
(d) Limited Disclosure of Information.--The Secretary of State may
limit the publication of information under subsection (c) in the same
manner and to the same extent as the President may limit the
publication of findings and determinations described in section 654(c)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2414(c)), if the
Secretary determines that the publication of such information would be
harmful to the national security of the United States and would not
further the purposes of this Act.
SEC. 205. TERMINATION OF ACTIONS BY THE SECRETARY OF STATE.
Any specific action taken under this Act or any amendment made by
this Act with respect to a foreign country shall terminate on the date
on which the Secretary of State submits a written certification to
Congress that the government of such country--
(1) has resolved any unresolved abduction case that gave
rise to such specific action; or
(2) has taken substantial and verifiable steps to correct
such country's persistent pattern of noncompliance that gave
rise to such specific action, as applicable.
TITLE III--PREVENTION OF INTERNATIONAL CHILD ABDUCTION
SEC. 301. PREVENTING CHILDREN FROM LEAVING THE UNITED STATES IN
VIOLATION OF A COURT ORDER.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
``SEC. 433. PREVENTION OF INTERNATIONAL CHILD ABDUCTION.
``(a) Program Established.--The Secretary, through the Commissioner
of U.S. Customs and Border Protection (referred to in this section as
`CBP'), in coordination with the Secretary of State, the Attorney
General, and the Director of the Federal Bureau of Investigation, shall
establish a program that--
``(1) seeks to prevent a child (as defined in section
1204(b)(1) of title 18, United States Code) from departing from
the territory of the United States if a parent or legal
guardian of such child presents a court order from a court of
competent jurisdiction prohibiting the removal of such child
from the United States to a CBP Officer in sufficient time to
prevent such departure for the duration of such court order;
and
``(2) leverages other existing authorities and processes to
address the wrongful removal and return of a child.
``(b) Interagency Coordination.--
``(1) In general.--The Secretary of State shall convene and
chair an interagency working group to prevent international
parental child abduction. The group shall be composed of
presidentially appointed, Senate confirmed officials from--
``(A) the Department of State;
``(B) the Department of Homeland Security,
including U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement; and
``(C) the Department of Justice, including the
Federal Bureau of Investigation.
``(2) Department of defense.--The Secretary of Defense
shall designate an official within the Department of Defense--
``(A) to coordinate with the Department of State on
international child abduction issues; and
``(B) to oversee activities designed to prevent or
resolve international child abduction cases relating to
active duty military service members.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 (6 U.S.C. 101 note) is amended by adding after the
item relating to section 432 the following:
``Sec. 433. Prevention of international child abduction.''.
SEC. 302. AUTHORIZATION FOR JUDICIAL TRAINING ON INTERNATIONAL PARENTAL
CHILD ABDUCTION.
(a) In General.--The Secretary of State, subject to the
availability of appropriations, shall seek to provide training,
directly or through another government agency or nongovernmental
organizations, on the effective handling of parental abduction cases to
the judicial and administrative authorities in countries--
(1) in which a significant number of unresolved abduction
cases are pending; or
(2) that have been designated as having a pattern of
noncompliance under section 202(b).
(b) Strategy Requirement.--Not later than 180 days after the date
of the enactment of this Act, the President shall submit a strategy to
carry out the activities described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Appropriations of the Senate; and
(4) the Committee on Appropriations of the House of
Representatives.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $1,000,000 for each of the fiscal years
2015 and 2016 to carry out subsection (a).
(2) Use of funds.--Amounts appropriated for the activities
set forth in subsection (a) shall be used pursuant to the
authorization and requirements under this section.
Attest:
Secretary.
113th CONGRESS
2d Session
H.R. 3212
_______________________________________________________________________
AMENDMENT