[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Engrossed in House (EH)]

113th CONGRESS
  1st Session
                                H. R. 3212

_______________________________________________________________________

                                 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.

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

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 
2013''.
    (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. Memorandum of understanding.
Sec. 104. Notification of congressional representatives.
                     TITLE II--PRESIDENTIAL ACTIONS

Sec. 201. Presidential actions in response to unresolved cases.
Sec. 202. Presidential actions in response to patterns of 
                            noncooperation in cases of international 
                            child abductions.
Sec. 203. Consultations with foreign governments.
Sec. 204. Report to Congress.
Sec. 205. Presidential actions.
Sec. 206. Presidential waiver.
Sec. 207. Publication in Federal Register.
Sec. 208. Termination of Presidential actions.

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 six 
        years battling for the return of his son from Brazil before 
        Sean was finally returned to Mr. Goldman's custody on December 
        24, 2009.
            (2) The Department of State's Office of Children's Issues, 
        which serves as the Central Authority of the United States for 
        the purposes of the 1980 Hague Convention on the Civil Aspects 
        of International Child Abduction, has received thousands of 
        requests since 2007 for assistance in the return to the United 
        States of children who have been abducted by a parent or other 
        legal guardian to another country. For a variety of reasons 
        reflecting the significant obstacles to the recovery of 
        abducted children, as well as the legal and factual complexity 
        involving such cases, not all cases are reported to the Central 
        Authority of the United States.
            (3) More than one thousand outgoing international child 
        abductions are reported to the Central Authority of the United 
        States every year.
            (4) Only about half of the children abducted from the 
        United States to countries with which the United States enjoys 
        reciprocal obligations under the Hague Abduction Convention are 
        returned to the United States.
            (5) The United States and Convention countries have 
        expressed their desire, through the Hague Abduction Convention, 
        ``to protect children internationally from the harmful effects 
        of their wrongful removal or retention and to establish 
        procedures to ensure their prompt return to the State of their 
        habitual residence, as well as to secure protection for rights 
        of access.''.
            (6) Compliance by the United States and Convention 
        countries depends on the actions of their designated central 
        authorities, the performance of their judiciaries as reflected 
        in the legal process and decisions rendered to enforce or 
        effectuate the Hague Abduction Convention, and the ability and 
        willingness of their law enforcement to insure the swift 
        enforcement of orders rendered pursuant to the Hague Abduction 
        Convention.
            (7) According to data compiled by the Central Authority of 
        the United States, approximately 40 percent of abduction cases 
        and access cases involve children taken from the United States 
        to countries with which the United States does not have Hague 
        Abduction Convention obligations or other agreements relating 
        to the resolution of abduction cases and access cases.
            (8) According to the Department of State's April 2010 
        Report on Compliance with the Hague Convention on the Civil 
        Aspects of International Child Abduction, ``parental child 
        abduction jeopardizes the child and has substantial long-term 
        consequences for both the child and the left-behind parent.''.
            (9) Abducted children are at risk of serious emotional and 
        psychological problems and have been found to experience 
        anxiety, eating problems, nightmares, mood swings, sleep 
        disturbances, aggressive behavior, resentment, guilt and 
        fearfulness, and as adults may struggle with identity issues, 
        personal relationships, and parenting.
            (10) Left-behind parents may encounter substantial 
        psychological and emotional problems, and few have the 
        extraordinary financial resources necessary to pursue 
        individual civil or criminal remedies in both the United States 
        and a foreign country, even where available, or to engage in 
        repeated foreign travel to attempt to procure the return of 
        their children by evoking diplomatic and humanitarian remedies.
            (11) Left-behind parents who are military parents may be 
        unable to leave their military duties to pursue multinational 
        litigation or take leave to attend multiple court proceedings, 
        and foreign authorities may not schedule proceedings to 
        accommodate such duties.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States should set a strong example for Convention countries in the 
timely location and return of abducted children in the United States 
whose habitual residence is not the United States.
    (c) Purposes.--The purposes of this Act are to--
            (1) protect children whose habitual residence is the United 
        States from the harmful effects of abduction and to assist 
        left-behind parents to have access to their abducted child in a 
        safe and predictable manner, wherever the child is located, 
        while an abduction case is pending;
            (2) provide left-behind parents, including military 
        parents, their advocates, and judges the information they need 
        to enhance the resolution of abduction cases and access cases 
        through established legal procedures, risk assessment tools, 
        and the practical means for overcoming obstacles to recovering 
        an abducted child;
            (3) establish measured, effective, and predictable actions 
        to be undertaken by the President on behalf of abducted 
        children whose habitual residence is the United States at the 
        time of the abduction;
            (4) promote an international consensus that it is in the 
        interest of children to have any issues related to their care 
        and custody determined in the country of their habitual 
        residence;
            (5) provide the necessary training for officials of the 
        United States Armed Forces and the Department of Defense to 
        establish policies and provide services to military parents 
        that address the unique circumstances of abductions and 
        violations of rights of access that may occur with regard to 
        military dependent children; and
            (6) encourage the effective implementation of international 
        mechanisms, particularly those established pursuant to the 
        Hague Abduction Convention, to achieve reciprocity in the 
        resolution of abductions and to protect children from the 
        harmful effects of an abduction.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Abducted child.--The term ``abducted child'' means a 
        child who is the victim of an abduction.
            (2) Abduction.--The term ``abduction'' means--
                    (A) the alleged wrongful removal of a child from 
                the child's country of habitual residence;
                    (B) the alleged wrongful retention of a child 
                outside the child's country of habitual residence; or
                    (C) the alleged wrongful removal or retention of a 
                military dependent child from the exercise of rights of 
                custody of a military parent.
            (3) Abduction case.--The term ``abduction case'' means a 
        case involving an application filed with the Central Authority 
        of the United States by a left-behind parent for the resolution 
        of an abduction.
            (4) Access case.--The term ``access case'' means a case 
        involving an application filed with the Central Authority of 
        the United States by a left-behind parent for the establishment 
        of rights of access.
            (5) 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 an MOU country, the formal 
                document required pursuant to the provisions of the 
                applicable MOU to request the return of an abducted 
                child or to request rights of access, as applicable; 
                and
                    (C) in the case of a nonparty country, the formal 
                request by the Central Authority of the United States 
                to the Central Authority of such country requesting the 
                return of an abducted child or for rights of access to 
                an abducted child.
            (7) Appropriate congressional committees.--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.
            (8) 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 an MOU country, the official 
                entity designated by the government of the MOU country 
                within the applicable MOU pursuant to section 103(b)(1) 
                to discharge the duties imposed on the entity in such 
                MOU; and
                    (C) in the case of a nonparty country, the foreign 
                ministry of such country.
            (9) Child.--The term ``child'' means an individual who has 
        not attained the age of 16.
            (10) Convention country.--The term ``Convention country'' 
        means a country other than the United States that has ratified, 
        acceded, or succeeded to the Hague Abduction Convention and 
        with respect to which the United States has entered into a 
        reciprocal agreement pursuant to the Hague Abduction 
        Convention.
            (11) Hague abduction convention.--The term ``Hague 
        Abduction Convention'' means the Convention on the Civil 
        Aspects of International Child Abduction, done at The Hague on 
        October 25, 1980.
            (12) Left-behind parent.--The term ``left-behind parent'' 
        means an individual or entity, either individually or jointly, 
        who alleges that an abduction has occurred that is in breach of 
        rights of custody--
                    (A) attributed to such individual or entity, as 
                applicable; and
                    (B) exercised at the time of the abduction or that 
                would have been exercised but for the abduction.
            (13) Legal residence.--The term ``legal residence'' means 
        the congressional district and State in which an individual 
        either is residing, or if an individual is residing temporarily 
        outside the United States, the congressional district and State 
        to which the individual intends to return.
            (14) Military dependent child.--The term ``military 
        dependent child'' means a child whose habitual residence is the 
        United States according to United States law even though the 
        child is residing outside the United States with a military 
        parent.
            (15) Military parent.--The term ``military parent'' means 
        an individual who has rights of custody over a child and who is 
        serving outside the United States as a member of the United 
        States Armed Forces.
            (16) MOU.--The term ``MOU'' means a memorandum of 
        understanding between the United States and a country that is 
        not a Convention country to resolve abduction cases and access 
        cases.
            (17) MOU country.--The term ``MOU country'' means a country 
        with respect to which the United States has entered into an 
        MOU.
            (18) Nonparty country.--The term ``nonparty country'' means 
        a country that is neither a Convention country nor an MOU 
        country.
            (19) Pattern of noncooperation.--
                    (A) In general.--The term ``pattern of 
                noncooperation'' means the persistent failure--
                            (i) of a Convention country to implement 
                        and abide by the provisions of the Hague 
                        Abduction Convention; and
                            (ii) of an MOU country to implement and 
                        abide by the provisions of the applicable MOU.
                    (B) Criteria.--Such persistent failure may be 
                evidenced by one or more of the following criteria:
                            (i) The existence of 10 or more unresolved 
                        abduction cases.
                            (ii) The failure of the Central Authority 
                        of the country to fulfill its responsibilities 
                        pursuant to the Hague Abduction Convention or 
                        the MOU, as applicable.
                            (iii) The failure of the judicial or 
                        administrative branch, as applicable, of the 
                        national government of the country to implement 
                        and comply with the provisions of the Hague 
                        Abduction Convention or the MOU, as applicable.
                            (iv) The failure of law enforcement to 
                        locate abducted children or to enforce return 
                        orders or determinations of rights of access 
                        rendered by the judicial or administrative 
                        authorities of the national government of the 
                        country in abduction cases or access cases.
            (20) Rights of access.--The term ``rights of access'' means 
        the rights of contact between a child and a left-behind parent 
        provided as a provisional measure while an abduction case is 
        pending, by operation of law or by reason of judicial or 
        administrative determination or by agreement having legal 
        effect, under the law of the country in which the child is 
        located.
            (21) Rights of custody.--The term ``rights of custody'' 
        means rights of care and custody of an abducted child, 
        including the right to determine the place of residence of an 
        abducted child--
                    (A) attributed to an individual or entity, either 
                individually or jointly, and
                    (B) arising by operation of law or by reason of a 
                judicial or administrative decision, or by reason of an 
                agreement having legal effect,
        under the law of the country in which the child was an habitual 
        resident immediately before the abduction.
            (22) Unresolved abduction case.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``unresolved abduction case'' means an abduction 
                case that remains unresolved for a period that exceeds 
                180 days 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 MOU, if applicable;
                            (ii) the judicial or administrative branch, 
                        as applicable, of the national government of 
                        the country in which the child is located has 
                        implemented and is complying with the 
                        provisions of the Hague Abduction Convention or 
                        the MOU, as applicable, and a final 
                        determination is made by such judicial or 
                        administrative branch that the child will not 
                        be returned to the country of habitual 
                        residence; or
                            (iii) the child attains the age of 16.

                  TITLE I--DEPARTMENT OF STATE ACTIONS

SEC. 101. ANNUAL REPORT.

    (a) In General.--Not later than March 31 of each year, the 
Secretary of State shall submit to the appropriate congressional 
committees an Annual Report on International Child Abduction.
    (b) Contents.--Each Annual Report shall include the following:
            (1) A list of all countries with respect to which there 
        were one or more abduction cases during the preceding year that 
        identifies whether each such country is a Convention country, 
        an MOU country, or a nonparty country.
            (2) For each country with respect to which there were 5 or 
        more abduction cases during the preceding year:
                    (A) The number of abduction cases and the number of 
                access cases, respectively, reported during the 
                preceding year.
                    (B) The number of abduction cases and the number of 
                access cases, respectively, that are pending as of 
                March 1 of the year in which such Annual Report is 
                submitted.
                    (C)(i) For Convention and MOU countries, the number 
                of abduction cases and the number of access cases, 
                respectively, that were pending at any point for more 
                than 180 days after the date on which the Central 
                Authority of the United States transmitted the complete 
                application for each such case to the Central Authority 
                of such country, and were not submitted by the Central 
                Authority to the judicial or administrative authority, 
                as applicable, of such country within the 180-day 
                period.
                    (ii) The reason for the delay in submission of each 
                case identified in clause (i) by the Central Authority 
                of such country to the judicial or administrative 
                authority.
                    (D) The number of unresolved abduction cases, and 
                the length of time each case has been pending.
                    (E) The number of unresolved abduction cases in 
                which a completed application has been filed and law 
                enforcement has failed to locate the abducted child or 
                to enforce a return order rendered by the judicial or 
                administrative authorities of such country.
                    (F) The median time required for resolution of 
                abduction cases during the preceding year, to be 
                measured from the date on which the application with 
                respect to the abduction case is transmitted by the 
                Central Authority of the United States to the Central 
                Authority of such country to the date on which the 
                abduction case is resolved.
                    (G) The total number and the percentage of the 
                total number of abduction cases and access cases, 
                respectively, resolved during the preceding year.
                    (H) Detailed information about each unresolved 
                abduction case described in subparagraph (E) and on 
                actions taken by the Department of State to resolve 
                such case, including the specific actions taken by the 
                United States chief of mission in such country.
                    (I) Recommendations to improve resolution of 
                abduction cases and access cases.
            (3) The number of abducted children from the United States 
        who were returned to the United States from Convention 
        countries, MOU countries, and nonparty countries, respectively.
            (4) A list of Convention countries and MOU countries that 
        have failed to comply with any of their obligations under the 
        Hague Abduction Convention or the MOU, as applicable, with 
        respect to the resolution of abduction cases and access cases.
            (5) A list of countries demonstrating a pattern of 
        noncooperation, and a summary of the criteria on which the 
        determination of a pattern of noncooperation for each country 
        is based.
            (6)(A) Information on efforts by the Secretary of State to 
        encourage other countries to become signatories to the Hague 
        Abduction Convention or to enter into an MOU.
            (B) The efforts referred to in subparagraph (A) shall 
        include efforts to address pending abduction cases and access 
        cases in such countries.
            (7) A description of the efforts of the Secretary of State 
        to encourage Convention countries and MOU countries to 
        facilitate the work of nongovernmental organizations within 
        their respective countries that assist left-behind parents.
            (8) The number of cases which were successfully resolved 
        without abducted children being returned to the United States 
        from Convention countries, MOU countries, and nonparty 
        countries, respectively.
    (c) Exception.--The Annual Report shall not include--
            (1) the names of left-behind parents or children involved 
        in abduction cases or access cases; or
            (2) information that may identify a party involved in an 
        abduction case or access case unless the party stipulates in 
        writing to the Central Authority of the United States that such 
        information may be included in the Annual Report.
    (d) Additional Thematic Sections.--Each Annual Report shall also 
include--
            (1) information on the number of unresolved abduction cases 
        affecting left-behind parents who are military parents and a 
        summary of assistance offered to such left-behind parents;
            (2) information on the use of airlines in abductions, 
        voluntary airline practices to prevent abductions, and 
        recommendations for best airline practices to prevent 
        abductions;
            (3) information on actions taken by the Central Authority 
        of the United States to train domestic judges in application of 
        the Hague Abduction Convention; and
            (4) information on actions taken by the Central Authority 
        of the United States to train United States Armed Forces legal 
        assistance personnel, military chaplains, and military family 
        support center personnel about abductions, the risk of loss of 
        access to children, and the legal frameworks available to 
        resolve such cases.
    (e) Repeal of the Hague Convention Compliance Report.--Section 2803 
of the Foreign Affairs Reform and Restructuring Act of 1998 (42 U.S.C. 
11611) is repealed.

SEC. 102. STANDARDS AND ASSISTANCE.

    The Secretary of State shall ensure that United States diplomatic 
and consular missions abroad--
            (1) maintain a consistent reporting standard with respect 
        to abduction cases and access cases involving abducted children 
        in the country in which such mission is located for purposes of 
        the Annual Report;
            (2) designate at least one official in each such mission to 
        assist left-behind parents from the United States who are 
        visiting such country to resolve cases involving an abduction 
        or rights of access; and
            (3) monitor developments in cases involving abducted 
        children in the country in which such mission is located.

SEC. 103. MEMORANDUM OF UNDERSTANDING.

    (a) In General.--The Secretary of State should seek to enter into 
an MOU with every country that is not a Convention country and is 
unlikely to become a Convention country in the forseeable future, that 
includes--
            (1) identification of the Central Authority;
            (2) a protocol to identify, locate, and effectuate the 
        return of an abducted child identified in an abduction case not 
        later than 6 weeks after the application with respect to the 
        abduction case has been submitted to the judicial or 
        administrative authority, as applicable, of the country in 
        which the abducted child is located;
            (3) a protocol for the establishment and protection of the 
        rights of access;
            (4) identification of the judicial or administrative 
        authority that will promptly adjudicate abduction cases and 
        access cases;
            (5) identification of a law enforcement agency and 
        available law enforcement mechanisms and procedures to ensure 
        the immediate enforcement of an order issued by the authority 
        identified pursuant to paragraph (4) to return an abducted 
        child to a left-behind parent, including by--
                    (A) conducting an investigation to ascertain the 
                location of the abducted child;
                    (B) providing protection to the abducted child 
                after such child is located; and
                    (C) retrieving the abducted child and making the 
                appropriate arrangements for such child to be returned 
                to the country of habitual residence;
            (6) a protocol to establish periodic visits between a 
        United States embassy or consular official and an abducted 
        child to allow the official to ascertain the child's location 
        and welfare; and
            (7) such other provisions as determined to be appropriate 
        by the Secretary of State.
    (b) Rule of Construction.--
            (1) In general.--Nothing in this Act shall be construed to 
        prohibit the United States from proposing and entering into a 
        memorandum of understanding with a Convention country to 
        further clarify the reciprocal obligations of the United States 
        and the Convention country under the Hague Abduction 
        Convention.
            (2) Treatment of obligations of convention country.--In 
        those instances in which there is a memorandum of understanding 
        as described in paragraph (1), the obligations of the 
        Convention country under such memorandum shall be considered to 
        be obligations of such country under the Hague Abduction 
        Convention for purposes of this Act.

SEC. 104. NOTIFICATION OF CONGRESSIONAL REPRESENTATIVES.

    (a) Notification.--Except as provided in subsection (b), the 
Secretary of State shall notify in writing the Member of Congress and 
Senators representing the legal residence of a left-behind parent when 
such parent reports an abduction to the Central Authority of the United 
States.
    (b) Exception.--The notification requirement under subsection (a) 
shall not apply if the left-behind parent does not consent to the 
notification described in such subsection.
    (c) 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, notification of a Member of Congress, in 
accordance with subsections (a) and (b), shall be provided as soon as 
is practicable.
    (d) Member of Congress Defined.--In this section, the term ``Member 
of Congress'' means a Representative in, or Delegate or Resident 
Commissioner to, the Congress.

                     TITLE II--PRESIDENTIAL ACTIONS

SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRESOLVED CASES.

    (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 abducted 
                from the United States by establishing legal rights and 
                procedures for their prompt return and by promoting 
                such rights and procedures through actions that ensure 
                the enforcement of reciprocal international 
                obligations; and
                    (B) recognize the international character of the 
                Hague Abduction Convention, and the need for 
                reciprocity pursuant to and the uniform international 
                interpretation of the Hague Abduction Convention, by 
                promoting the timely resolution of abduction cases 
                through one or more of the actions described in section 
                205.
            (2) Requirement of presidential action.--Whenever the 
        President determines that the government of a foreign country 
        has failed to resolve an unresolved abduction case, the 
        President shall oppose such failure through one or more of the 
        actions described in subsection (b).
    (b) Presidential Actions.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        President, in consultation with the Secretary of State, shall, 
        as expeditiously as practicable in response to the failure 
        described in subsection (a) by the government of a foreign 
        country, take one or more of the actions described in 
        paragraphs (1) through (13) of section 205(a) (or commensurate 
        action as provided in section 205(b)) with respect to such 
        country.
            (2) Deadline for actions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), not later than March 31 of each year, the 
                President shall take one or more of the actions 
                described in paragraphs (1) through (13) of section 
                205(a) (or commensurate action as provided in section 
                205(b)) with respect to each foreign country the 
                government of which has failed to resolve an unresolved 
                abduction case that is pending as of such date.
                    (B) Exception.--In the case of an action under any 
                of paragraphs (10) through (13) of section 205(a) (or 
                commensurate action as provided in section 205(b))--
                            (i) the action may only be taken after the 
                        requirements of sections 203 and 204 have been 
                        satisfied; and
                            (ii) the March 31 deadline to take the 
                        action shall not apply.
            (3) Authority for delay of presidential actions.--The 
        President may delay action described in any of the paragraphs 
        (10) through (13) of section 205(a) (or commensurate action as 
        provided in section 205(b)), as required under paragraph (2), 
        if the President determines and certifies to the appropriate 
        congressional committees that an additional, specified period 
        of time is necessary for a continuation of negotiations that 
        have been commenced with the country to resolve the unresolved 
        case.
    (c) Implementation.--
            (1) In general.--In carrying out subsection (b), the 
        President shall--
                    (A) take one or more actions that most 
                appropriately respond to the nature and severity of the 
                failure to resolve the unresolved abduction cases; and
                    (B) seek to the fullest extent possible to target 
                action as narrowly as practicable with respect to the 
                agencies or instrumentalities of the foreign government 
                that are responsible for such failures, in ways that 
                respect the separation of powers and independence of 
                the judiciary in foreign countries.
            (2) Guidelines for presidential actions.--In addition to 
        the guidelines under paragraph (1), the President, in 
        determining whether to take one or more actions under 
        paragraphs (10) through (13) of section 205(a) (or commensurate 
        action as provided in section 205(b)), shall seek to minimize 
        any adverse impact on--
                    (A) the population of the country whose government 
                is targeted by the action or actions; and
                    (B) the humanitarian activities of United States 
                and foreign nongovernmental organizations in the 
                country.

SEC. 202. PRESIDENTIAL ACTIONS IN RESPONSE TO PATTERNS OF 
              NONCOOPERATION IN CASES OF INTERNATIONAL CHILD 
              ABDUCTIONS.

    (a) Response to a Pattern of Noncooperation.--
            (1) United states policy.--It shall be the policy of the 
        United States to--
                    (A) oppose institutional or other systemic failures 
                of foreign governments to fulfill their obligations 
                pursuant to the Hague Abduction Convention or MOU, as 
                applicable, to resolve abduction cases and access 
                cases; and
                    (B) promote reciprocity pursuant to and compliance 
                with the Hague Abduction Convention by Convention 
                countries and compliance with the applicable MOU by MOU 
                countries.
            (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 abduction cases 
        through one or more of the actions described in subsection (c).
    (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 
                abduction cases and access cases in each foreign 
                country to determine whether the government of such 
                country has engaged in a pattern of noncooperation 
                during the preceding 12 months or since the date of the 
                last review of such country under this subparagraph, 
                whichever period is longer. The President shall 
                designate each country the government of which has 
                engaged in a pattern of noncooperation as a Country 
                With a Pattern of Noncooperation.
                    (B) Basis of review.--Each review conducted under 
                subparagraph (A) shall be based upon information 
                contained in the latest Annual Report and on any other 
                evidence available.
            (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 agencies or instrumentalities of 
        such government that are responsible for the pattern of 
        noncooperation by such government in order to appropriately 
        target actions under this section in response.
            (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--
                    (A) the designation of the country, signed by the 
                President; and
                    (B) the identification, if any, of responsible 
                agencies or instrumentalities determined under 
                paragraph (2).
    (c) Presidential Actions With Respect to a Country With a Pattern 
of Noncooperation.--
            (1) In general.--Subject to paragraphs (2) and (3) with 
        respect to each Country With a Pattern of Noncooperation 
        designated under subsection (b)(1)(A), the President shall, 
        after the requirements of sections 203 and 204 have been 
        satisfied, but not later than 90 days (or 180 days in case of a 
        delay under paragraph (2)) after the date of such designation 
        of the country under such subsection, take one or more of the 
        actions under paragraphs (10) through (13) of section 205(a) 
        (or commensurate action as provided in section 205(b)).
            (2) Authority for delay of presidential actions.--If, on or 
        before the date that the President is required to take action 
        under paragraph (1), the President determines and certifies to 
        the appropriate congressional committees that a single, 
        additional period of time not to exceed 90 days is necessary--
                    (A) for a continuation of negotiations that have 
                been commenced with the government of a country 
                described in such paragraph to bring about a cessation 
                of the pattern of noncooperation by such country, or
                    (B) for a review of corrective action taken by such 
                country after designation of such country as a Country 
                With a Pattern of Noncooperation under subsection 
                (b)(1)(A) or in anticipation that corrective action 
                will be taken by such country during such 90-day 
                period,
        the President shall not be required to take such action until 
        the expiration of such period of time.
            (3) Exception for ongoing presidential action.--
                    (A) In general.--The President shall not be 
                required to take action under paragraph (1) with 
                respect to a Country With a Pattern of Noncooperation 
                if--
                            (i) the President has taken action pursuant 
                        to paragraph (1) with respect to such country 
                        in a preceding year, such action is in effect 
                        at the time such country is designated as a 
                        Country with a Pattern of Noncooperation under 
                        subsection (b)(1)(A), and the President submits 
                        to the appropriate congressional committees the 
                        information described in section 204 regarding 
                        the actions in effect with respect to such 
                        country; or
                            (ii) subject to subparagraph (B), the 
                        President determines that such country is 
                        subject to multiple, broad-based sanctions 
                        imposed in significant part in response to 
                        human rights abuses and that such sanctions 
                        also satisfy the requirements of this 
                        subsection.
                    (B) Additional requirements.--If the President 
                makes a determination under subparagraph (A)(ii)--
                            (i) the report under section 204 and, as 
                        applicable, the publication in the Federal 
                        Register under section 208, shall specify the 
                        specific sanction or sanctions that the 
                        President has determined satisfy the 
                        requirements of this subsection; and
                            (ii) such sanctions shall remain in effect 
                        subject to section 209.
    (d) Rule of Construction.--A determination under this section that 
a foreign country has engaged in a pattern of noncooperation shall not 
be construed to require the termination of assistance or other 
activities with respect to such country under any other provision of 
law, including section 116 or 502B of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151(n) or 2304).

SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS.

    As soon as practicable after the President makes a determination 
under section 201 in response to failures to resolve unresolved 
abduction cases and the President decides to take action under 
paragraphs (10) through (13) of section 205(a) (or commensurate action 
as provided in section 205(b)) with respect to that country, or not 
later than 90 days after the President designates a country as a 
country with a pattern of noncooperation pursuant to section 
202(b)(1)(a), the President shall--
            (1) request consultation with the government of such 
        country regarding the failures giving rise to designation of 
        that country as a Country With a Pattern of Noncooperation 
        regarding the pattern of noncooperation or to action under 
        section 201; and
            (2) if agreed to, enter into such consultations with such 
        country, privately or publicly.

SEC. 204. REPORT TO CONGRESS.

    (a) In General.--Subject to subsection (b), not later than 90 days 
after the President makes a determination under section 201 in response 
to failures to resolve unresolved abduction cases and the President 
decides to take action under paragraphs (10) through (13) of section 
205(a) (or commensurate action as provided in section 205(b)) with 
respect to that country, or not later than 90 days after the President 
designates a country as a Country With a Pattern of Noncooperation 
pursuant to section 202(b)(1)(A), the President shall transmit to the 
appropriate congressional committees a report on the following:
            (1) Identification of presidential actions.--An 
        identification of the action or actions described in section 
        205(a) (or commensurate action as provided in section 205(b)) 
        to be taken with respect to such country.
            (2) Description of violations.--A description of the 
        failure to resolve an unresolved case or the pattern of 
        noncooperation, as applicable, giving rise to the action or 
        actions to be taken by the President.
            (3) Purpose of presidential actions.--A description of the 
        purpose of the action or actions.
            (4) Evaluation.--
                    (A) Description.--An evaluation, in consultation 
                with the Secretary of State, the parties described in 
                section 203(b), and other parties the President 
                determines appropriate, of the anticipated impact of 
                the Presidential action upon--
                            (i) pending abduction cases in such 
                        country;
                            (ii) the government of such country;
                            (iii) the population of such country;
                            (iv) the United States economy;
                            (v) other interested parties; and
                            (vi) if such country is a Convention 
                        country or an MOU country, the reciprocal 
                        fulfillment of obligations pursuant to such 
                        Convention or applicable MOU, as applicable.
                    (B) Form.--The evaluation under subparagraph (A) 
                shall be transmitted in unclassified form, but may 
                contain a classified annex if necessary.
            (5) Statement of policy options.--A statement that 
        noneconomic policy options designed to resolve the unresolved 
        case or bring about the cessation of the pattern of 
        noncooperation have reasonably been exhausted, including the 
        consultations required in section 203.
    (b) Delay in Transmittal of Report.--If, on or before the date that 
the President is required to submit a report under subsection (a) to 
the appropriate congressional committees, the President determines and 
certifies to such committees that a single, additional period of time 
not to exceed 90 days is necessary pursuant to section 202(c)(2), the 
President shall not be required to submit the report to such committees 
until the expiration of such period of time.

SEC. 205. PRESIDENTIAL ACTIONS.

    (a) Description of Presidential Actions.--Except as provided in 
subsection (c), the Presidential actions referred to in this subsection 
are the following:
            (1) A private demarche.
            (2) An official public demarche.
            (3) A public condemnation.
            (4) A public condemnation within one or more multilateral 
        fora.
            (5) The delay or cancellation of one or more scientific 
        exchanges.
            (6) The delay or cancellation of one or more cultural 
        exchanges.
            (7) The denial of one or more working, official, or state 
        visits.
            (8) The delay or cancellation of one or more working, 
        official, or state visits.
            (9) 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.
            (10) 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).
            (11) 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).
            (12) 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).
            (13) Ordering the heads of the appropriate United States 
        agencies not to issue any (or a specified number of) specific 
        licenses, and not to grant any other specific authority (or a 
        specified number of authorities), to export any goods or 
        technology to such government or to the agency or 
        instrumentality of such government determined by the President 
        to be responsible for such unresolved case or pattern of 
        noncooperation, as applicable, under--
                    (A) the Export Administration Act of 1979 (as 
                continued in effect under the International Emergency 
                Economic Powers Act);
                    (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.
    (b) Commensurate Action.--Except as provided in subsection (c), the 
President may substitute any other action authorized by law for any 
action described in subsection (a) if such action is commensurate in 
effect to the action substituted and if such action would further the 
purposes of this Act as specified in section 2(c). The President shall 
seek to take all appropriate and feasible actions authorized by law to 
resolve the unresolved case or to obtain the cessation of such pattern 
of noncooperation, as applicable. If commensurate action is taken under 
this subsection, the President shall transmit to the appropriate 
congressional committees a report on such action, together with an 
explanation for taking such action.
    (c) Exceptions.--
            (1) Humanitarian exception.--Any action taken pursuant to 
        subsection (a) or (b) may not prohibit or restrict the 
        provision of medicine, medical equipment or supplies, food, or 
        other life-saving humanitarian assistance.
            (2) Defense and national security exception.--The President 
        shall not be required to apply or maintain any action under 
        section 205--
                    (A) in the case of procurement of defense articles 
                or defense services--
                            (i) 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;
                            (ii) if the President determines in writing 
                        and transmits to the appropriate congressional 
                        committees a report that the government or the 
                        agency or instrumentality of such government to 
                        which such action would otherwise be applied is 
                        a sole source supplier of such defense articles 
                        or services, that such defense articles or 
                        services are essential, and that alternative 
                        sources are not readily or reasonably 
                        available; or
                            (iii) if the President determines in 
                        writing and transmits to the appropriate 
                        congressional committees a report that such 
                        defense articles or services are essential to 
                        the national security of the United States 
                        under defense co-production agreements; or
                    (B) to products or services provided under 
                contracts entered into before the date on which the 
                President publishes in the Federal Register notice of 
                such action in accordance with section 208.

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 (13) of section 205(a) (or commensurate action as provided in 
section 205(b)) with respect to a country, if the President determines 
and so reports to the appropriate congressional committees that--
            (1) the government of such country has satisfactorily 
        resolved any abduction case giving rise to the application of 
        any of such actions and--
                    (A) if such country is a Convention country, such 
                country has taken measures to ensure future compliance 
                with the provisions of the Hague Abduction 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 was a nonparty country at the 
                time the abductions or denials of rights of access 
                resulting in the abduction cases or access cases 
                occurred, such country has become a Convention country 
                or an MOU country;
            (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 202(b)(1)(A), together with, when 
        applicable and to the extent practicable, the identities of 
        agencies or instrumentalities determined to be responsible for 
        such pattern of noncooperation.
            (2) Presidential actions.--A description of any action 
        under paragraphs (10) through (13) of section 205(a) (or 
        commensurate action as provided in section 205(b)) and the 
        effective date of such action.
            (3) Delays in transmittal of presidential action reports.--
        Any delay in transmittal of a report required under section 
        204.
            (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 two dates:
            (1) Not later than two years after the effective date of 
        such action unless expressly reauthorized by law.
            (2) The date on which the President transmits to Congress a 
        certification containing a determination of the President that 
        the government of such country has resolved any unresolved 
        abduction case or has taken substantial and verifiable steps to 
        correct the pattern of noncooperation at issue, as applicable, 
        that gave rise to such action.

            Passed the House of Representatives December 11, 2013.

            Attest:

                                                                 Clerk.
113th CONGRESS

  1st Session

                               H. R. 3212

_______________________________________________________________________

                                 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.