[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Enrolled Bill (ENR)]

        H.R.3212

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen


                                 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 
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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.