[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Reported in Senate (RS)]

                                                       Calendar No. 450
113th CONGRESS
  2d Session
                                H. R. 3212

                          [Report No. 113-204]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 12 (legislative day, December 11), 2013

                                Received

                           December 17, 2013

     Read twice and referred to the Committee on Foreign Relations

                             June 26, 2014

              Reported by Mr. Menendez, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Sean and 
David Goldman International Child Abduction Prevention and Return Act 
of 2013''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title and table of contents.
<DELETED>Sec. 2. Findings; sense of Congress; purposes.
<DELETED>Sec. 3. Definitions.
             <DELETED>TITLE I--DEPARTMENT OF STATE ACTIONS

<DELETED>Sec. 101. Annual report.
<DELETED>Sec. 102. Standards and assistance.
<DELETED>Sec. 103. Memorandum of understanding.
<DELETED>Sec. 104. Notification of congressional representatives.
                <DELETED>TITLE II--PRESIDENTIAL ACTIONS

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

<DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) More than one thousand outgoing international 
        child abductions are reported to the Central Authority of the 
        United States every year.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Purposes.--The purposes of this Act are to--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Abducted child.--The term ``abducted child'' 
        means a child who is the victim of an abduction.</DELETED>
        <DELETED>    (2) Abduction.--The term ``abduction'' means--
        </DELETED>
                <DELETED>    (A) the alleged wrongful removal of a 
                child from the child's country of habitual 
                residence;</DELETED>
                <DELETED>    (B) the alleged wrongful retention of a 
                child outside the child's country of habitual 
                residence; or</DELETED>
                <DELETED>    (C) the alleged wrongful removal or 
                retention of a military dependent child from the 
                exercise of rights of custody of a military 
                parent.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Annual report.--The term ``Annual Report'' 
        means the Annual Report on International Child Abduction 
        required under section 101.</DELETED>
        <DELETED>    (6) Application.--The term ``application'' means--
        </DELETED>
                <DELETED>    (A) in the case of a Convention country, 
                the application required pursuant to article 8 of the 
                Hague Abduction Convention;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Central authority.--The term ``Central 
        Authority'' means--</DELETED>
                <DELETED>    (A) in the case of a Convention country, 
                the meaning given such term in article 6 of the Hague 
                Abduction Convention;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) in the case of a nonparty country, the 
                foreign ministry of such country.</DELETED>
        <DELETED>    (9) Child.--The term ``child'' means an individual 
        who has not attained the age of 16.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) attributed to such individual or 
                entity, as applicable; and</DELETED>
                <DELETED>    (B) exercised at the time of the abduction 
                or that would have been exercised but for the 
                abduction.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (17) MOU country.--The term ``MOU country'' means 
        a country with respect to which the United States has entered 
        into an MOU.</DELETED>
        <DELETED>    (18) Nonparty country.--The term ``nonparty 
        country'' means a country that is neither a Convention country 
        nor an MOU country.</DELETED>
        <DELETED>    (19) Pattern of noncooperation.--</DELETED>
                <DELETED>    (A) In general.--The term ``pattern of 
                noncooperation'' means the persistent failure--
                </DELETED>
                        <DELETED>    (i) of a Convention country to 
                        implement and abide by the provisions of the 
                        Hague Abduction Convention; and</DELETED>
                        <DELETED>    (ii) of an MOU country to 
                        implement and abide by the provisions of the 
                        applicable MOU.</DELETED>
                <DELETED>    (B) Criteria.--Such persistent failure may 
                be evidenced by one or more of the following 
                criteria:</DELETED>
                        <DELETED>    (i) The existence of 10 or more 
                        unresolved abduction cases.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) attributed to an individual or entity, 
                either individually or jointly, and</DELETED>
                <DELETED>    (B) arising by operation of law or by 
                reason of a judicial or administrative decision, or by 
                reason of an agreement having legal effect,</DELETED>
        <DELETED>under the law of the country in which the child was an 
        habitual resident immediately before the abduction.</DELETED>
        <DELETED>    (22) Unresolved abduction case.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Resolution of case.--An abduction case 
                shall be considered to be resolved if--</DELETED>
                        <DELETED>    (i) the child is returned to the 
                        country of habitual residence, pursuant to the 
                        Hague Abduction Convention or MOU, if 
                        applicable;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) the child attains the age of 
                        16.</DELETED>

        <DELETED>TITLE I--DEPARTMENT OF STATE ACTIONS</DELETED>

<DELETED>SEC. 101. ANNUAL REPORT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Contents.--Each Annual Report shall include the 
following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) For each country with respect to which there 
        were 5 or more abduction cases during the preceding 
        year:</DELETED>
                <DELETED>    (A) The number of abduction cases and the 
                number of access cases, respectively, reported during 
                the preceding year.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) The number of unresolved abduction 
                cases, and the length of time each case has been 
                pending.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (G) The total number and the percentage of 
                the total number of abduction cases and access cases, 
                respectively, resolved during the preceding 
                year.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (I) Recommendations to improve resolution 
                of abduction cases and access cases.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (B) The efforts referred to in subparagraph (A) 
        shall include efforts to address pending abduction cases and 
        access cases in such countries.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Exception.--The Annual Report shall not include--
</DELETED>
        <DELETED>    (1) the names of left-behind parents or children 
        involved in abduction cases or access cases; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Additional Thematic Sections.--Each Annual Report 
shall also include--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) information on the use of airlines in 
        abductions, voluntary airline practices to prevent abductions, 
        and recommendations for best airline practices to prevent 
        abductions;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 102. STANDARDS AND ASSISTANCE.</DELETED>

<DELETED>    The Secretary of State shall ensure that United States 
diplomatic and consular missions abroad--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) monitor developments in cases involving 
        abducted children in the country in which such mission is 
        located.</DELETED>

<DELETED>SEC. 103. MEMORANDUM OF UNDERSTANDING.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) identification of the Central 
        Authority;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) a protocol for the establishment and 
        protection of the rights of access;</DELETED>
        <DELETED>    (4) identification of the judicial or 
        administrative authority that will promptly adjudicate 
        abduction cases and access cases;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) conducting an investigation to 
                ascertain the location of the abducted child;</DELETED>
                <DELETED>    (B) providing protection to the abducted 
                child after such child is located; and</DELETED>
                <DELETED>    (C) retrieving the abducted child and 
                making the appropriate arrangements for such child to 
                be returned to the country of habitual 
                residence;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (7) such other provisions as determined to be 
        appropriate by the Secretary of State.</DELETED>
<DELETED>    (b) Rule of Construction.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 104. NOTIFICATION OF CONGRESSIONAL 
              REPRESENTATIVES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

           <DELETED>TITLE II--PRESIDENTIAL ACTIONS</DELETED>

<DELETED>SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRESOLVED 
              CASES.</DELETED>

<DELETED>    (a) Response to International Child Abductions.--
</DELETED>
        <DELETED>    (1) United states policy.--It shall be the policy 
        of the United States to--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Presidential Actions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Deadline for actions.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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))--</DELETED>
                        <DELETED>    (i) the action may only be taken 
                        after the requirements of sections 203 and 204 
                        have been satisfied; and</DELETED>
                        <DELETED>    (ii) the March 31 deadline to take 
                        the action shall not apply.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Implementation.--</DELETED>
        <DELETED>    (1) In general.--In carrying out subsection (b), 
        the President shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the population of the country whose 
                government is targeted by the action or actions; 
                and</DELETED>
                <DELETED>    (B) the humanitarian activities of United 
                States and foreign nongovernmental organizations in the 
                country.</DELETED>

<DELETED>SEC. 202. PRESIDENTIAL ACTIONS IN RESPONSE TO PATTERNS OF 
              NONCOOPERATION IN CASES OF INTERNATIONAL CHILD 
              ABDUCTIONS.</DELETED>

<DELETED>    (a) Response to a Pattern of Noncooperation.--</DELETED>
        <DELETED>    (1) United states policy.--It shall be the policy 
        of the United States to--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) promote reciprocity pursuant to and 
                compliance with the Hague Abduction Convention by 
                Convention countries and compliance with the applicable 
                MOU by MOU countries.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Designations of Countries With Patterns of 
Noncooperation in Cases of International Child Abduction.--</DELETED>
        <DELETED>    (1) Annual review.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the designation of the country, signed 
                by the President; and</DELETED>
                <DELETED>    (B) the identification, if any, of 
                responsible agencies or instrumentalities determined 
                under paragraph (2).</DELETED>
<DELETED>    (c) Presidential Actions With Respect to a Country With a 
Pattern of Noncooperation.--</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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,</DELETED>
        <DELETED>the President shall not be required to take such 
        action until the expiration of such period of time.</DELETED>
        <DELETED>    (3) Exception for ongoing presidential action.--
        </DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Additional requirements.--If the 
                President makes a determination under subparagraph 
                (A)(ii)--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) such sanctions shall remain 
                        in effect subject to section 209.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) if agreed to, enter into such consultations 
        with such country, privately or publicly.</DELETED>

<DELETED>SEC. 204. REPORT TO CONGRESS.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Purpose of presidential actions.--A 
        description of the purpose of the action or actions.</DELETED>
        <DELETED>    (4) Evaluation.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) pending abduction cases in 
                        such country;</DELETED>
                        <DELETED>    (ii) the government of such 
                        country;</DELETED>
                        <DELETED>    (iii) the population of such 
                        country;</DELETED>
                        <DELETED>    (iv) the United States 
                        economy;</DELETED>
                        <DELETED>    (v) other interested parties; 
                        and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Form.--The evaluation under 
                subparagraph (A) shall be transmitted in unclassified 
                form, but may contain a classified annex if 
                necessary.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 205. PRESIDENTIAL ACTIONS.</DELETED>

<DELETED>    (a) Description of Presidential Actions.--Except as 
provided in subsection (c), the Presidential actions referred to in 
this subsection are the following:</DELETED>
        <DELETED>    (1) A private demarche.</DELETED>
        <DELETED>    (2) An official public demarche.</DELETED>
        <DELETED>    (3) A public condemnation.</DELETED>
        <DELETED>    (4) A public condemnation within one or more 
        multilateral fora.</DELETED>
        <DELETED>    (5) The delay or cancellation of one or more 
        scientific exchanges.</DELETED>
        <DELETED>    (6) The delay or cancellation of one or more 
        cultural exchanges.</DELETED>
        <DELETED>    (7) The denial of one or more working, official, 
        or state visits.</DELETED>
        <DELETED>    (8) The delay or cancellation of one or more 
        working, official, or state visits.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Export Administration Act of 1979 
                (as continued in effect under the International 
                Emergency Economic Powers Act);</DELETED>
                <DELETED>    (B) the Arms Export Control Act;</DELETED>
                <DELETED>    (C) the Atomic Energy Act of 1954; 
                or</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Exceptions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Defense and national security exception.--The 
        President shall not be required to apply or maintain any action 
        under section 205--</DELETED>
                <DELETED>    (A) in the case of procurement of defense 
                articles or defense services--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 206. PRESIDENTIAL WAIVER.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the government of such country has 
        satisfactorily resolved any abduction case giving rise to the 
        application of any of such actions and--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (2) the exercise of such waiver authority would 
        further the purposes of this Act; or</DELETED>
        <DELETED>    (3) the important national interest of the United 
        States requires the exercise of such waiver 
        authority.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 207. PUBLICATION IN FEDERAL REGISTER.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (b), the President 
shall ensure publication in the Federal Register of the 
following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Delays in transmittal of presidential action 
        reports.--Any delay in transmittal of a report required under 
        section 204.</DELETED>
        <DELETED>    (4) Waivers.--Any waiver issued under section 
        206.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) would be harmful to the national security of 
        the United States; or</DELETED>
        <DELETED>    (2) would not further the purposes of this 
        Act.</DELETED>

<DELETED>SEC. 208. TERMINATION OF PRESIDENTIAL ACTIONS.</DELETED>

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

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.
                                                       Calendar No. 450

113th CONGRESS

  2d Session

                               H. R. 3212

                          [Report No. 113-204]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 26, 2014

                       Reported with an amendment