[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 23 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. RES. 23
Supporting the goals and ideals of Countering International Parental
Child Abduction Month and expressing the sense of the Senate that
Congress should raise awareness of the harm caused by international
parental child abduction.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 17, 2019
Mr. Tillis (for himself, Mrs. Feinstein, Mr. McConnell, Mrs. Murray,
Mr. Cornyn, Mr. Booker, Mr. Crapo, Mr. Blumenthal, Mr. Menendez, Ms.
Harris, Ms. Klobuchar, and Mr. Rubio) submitted the following
resolution; which was referred to the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Supporting the goals and ideals of Countering International Parental
Child Abduction Month and expressing the sense of the Senate that
Congress should raise awareness of the harm caused by international
parental child abduction.
Whereas thousands of children in the United States have been abducted from the
United States by parents, separating those children from their parents
who remain in the United States;
Whereas it is illegal under section 1204 of title 18, United States Code, to
remove, or attempt to remove, a child from the United States or retain a
child (who has been in the United States) outside of the United States
with the intent to obstruct the lawful exercise of parental rights;
Whereas more than 9,127 children experienced international parental child
abduction between 2008 and 2015;
Whereas, during 2017, one or more cases of international parental child
abduction involving children who are citizens of the United States were
identified in 105 countries around the world;
Whereas the United States is a party to the Convention on the Civil Aspects of
International Child Abduction, done at the Hague, October 25, 1980 (TIAS
11670) (referred to in this preamble as the ``Hague Convention on
Abduction''), which--
(1) supports the prompt return of wrongly removed or retained children;
and
(2) calls for all participating parties to respect parental custody
rights;
Whereas the majority of children who were abducted from the United States have
yet to be reunited with their custodial parents;
Whereas, during 2017, Argentina, the Bahamas, Brazil, China, the Dominican
Republic, Ecuador, India, Japan, Jordan, Morocco, Peru, and the United
Arab Emirates were identified under the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014 (22
U.S.C. 9101 et seq.) as engaging in a pattern of noncompliance;
Whereas the Supreme Court of the United States has recognized that family
abduction--
(1) is a form of child abuse with potentially ``devastating
consequences for a child'', which may include negative impacts on the
physical and mental well-being of the child; and
(2) can cause a child to ``experience a loss of community and
stability, leading to loneliness, anger, and fear of abandonment'';
Whereas, according to the 2010 Report on Compliance with the Hague Convention on
the Civil Aspects of International Child Abduction by the Department of
State, research shows that an abducted child is at risk of significant
short- and long-term problems, including ``anxiety, eating problems,
nightmares, mood swings, sleep disturbances, [and] aggressive
behavior'';
Whereas international parental child abduction has devastating emotional
consequences for the child and for the parent from whom the child is
separated;
Whereas the United States has a history of promoting child welfare through
institutions including--
(1) in the Department of Health and Human Services, the Children's
Bureau of the Administration for Children and Families; and
(2) in the Department of State, the Office of Children's Issues of the
Bureau of Consular Affairs;
Whereas Congress has signaled a commitment to ending international parental
child abduction by enacting the International Child Abduction Remedies
Act (22 U.S.C. 9001 et seq.), the International Parental Kidnapping
Crime Act of 1993 (Public Law 103-173), which enacted section 1204 of
title 18, United States Code, and the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014 (22
U.S.C. 9101 et seq.);
Whereas the Senate adopted Senate Resolution 543, 112th Congress, on December 4,
2012, which--
(1) condemns international parental child abduction;
(2) urges countries identified by the Department of State as
noncompliant with the Hague Convention on Abduction to fulfill the
commitment those countries made to implement such treaty; and
(3) expresses the sense of the Senate that the United States should--
G (A) pursue the return, by all appropriate means, of each child
abducted by a parent to another country;
G (B) if a child is abducted by a parent and not returned to the
United States, facilitate access to the abducted child for the parent
remaining in the United States; and
G (C) ``where appropriate, seek the extradition of the parent that
abducted the child'';
Whereas the Senate adopted Senate Resolution 431, 115th Congress, on April 19,
2018, which--
(1) raises awareness and promotes education about international
parental child abduction;
(2) recognizes the impacts on children who are victims of international
parental abductions; and
(3) expresses the sense of the Senate that the United States should--
G (A) continue to raise awareness and opposition on international
parental child abduction;
G (B) facilitate access to the abducted child for the parent
remaining in the United States; and
G (C) urge countries to comply with the request to bring children
home to the United States;
Whereas all 50 States and the District of Columbia have enacted laws
criminalizing parental kidnapping;
Whereas, in 2017, the Prevention Branch of the Office of Children's Issues of
the Department of State--
(1) fielded more than 3,500 inquiries from the general public relating
to preventing a child from being removed from the United States; and
(2) enrolled more than 4,404 children in the Children's Passport
Issuance Alert Program, which--
G (A) is one of the most important tools of the Department of State
for preventing international parental child abductions; and
G (B) allows the Office of Children's Issues to contact the
enrolling parent or legal guardian to verify whether the parental consent
requirement has been met when a passport application has been submitted for
an enrolled child;
Whereas, the Department of State cannot track the ultimate destination of a
child through the use of the passport of the child issued by the
Department of State if the child is transported to a third country after
departing from the United States;
Whereas a child who is a citizen of the United States may have another
nationality and may travel using a passport issued by another country,
which--
(1) increases the difficulty in determining the whereabouts of the
child; and
(2) makes efforts to prevent abductions more critical; and
Whereas, in 2017, the Department of Homeland Security, in coordination with the
Prevention Branch of the Office of Children's Issues of the Department
of State, enrolled 210 children in a program aimed at preventing
international parental child abduction:
Now, therefore, be it
Resolved, That the Senate--
(1) recognizes and observes ``Countering International
Parental Child Abduction Month'' during the period beginning on
April 1, 2019, and ending on April 30, 2019, to raise awareness
of, and opposition to, international parental child abduction;
and
(2) urges the United States to continue playing a
leadership role in raising awareness about the devastating
impacts of international parental child abduction by educating
the public about the negative emotional, psychological, and
physical consequences to children and parents victimized by
international parental child abduction.
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