Short title; table of contents

(a)

Short title

This Act may be cited as the

Bring Abducted Children Home Amendments Act

. (b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Amendments to purposes and definitions.

Sec. 3. Annual report on international child abduction expanded.

Sec. 4. Amendments to standards and assistance.

Sec. 5. Amendments relating to notification required to be provided to congressional representatives.

Sec. 6. Amendments to authorities to respond to international child abductions.

Sec. 7. Amendments to actions in response to patterns of noncompliance.

Sec. 8. Amendments relating to training.

Sec. 9. Modifications to the Office of Children’s Issues of the Department of State.

Sec. 10. Increasing sentencing guideline for international parental kidnapping.

Sec. 11. Clerical amendments.

Sec. 12. Expanding notification requirements for missing children.

Sec. 13. Legal expense grants for victims of international parental child abduction.

Amendments to purposes and definitions

The Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9101 et seq.) is amended as follows: (1)In section 2(c) (22 U.S.C. 9101 note)— (A)by amending paragraph (4) to read as follows:

(4)to enhance the prompt resolution of abduction cases by returning children to the United States;

;

(B)by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and (C)by inserting after paragraph (4) the following:

(5)to enhance the prompt resolution of access cases by reuniting children with their left-behind parents with unfettered and enforceable access;

(2)In section 3 (22 U.S.C. 9101)— (A)in paragraph (3)— (i)in subparagraph (A), by striking ; and at the end and inserting a semicolon; (ii)in subparagraph (B), by striking the period at the end and inserting ; and; and (iii)by adding at the end the following:

(C)includes all cases reported involving an application filed with the Central Authority of the United States or directly with the foreign central authority by a parent seeking rights of access or return.

;

(B)by amending paragraph (7) to read as follows:

(7)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Homeland Security of the House of Representatives; and (B)the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate.

;

(C)in paragraph (11), by striking 16 and inserting 18; (D)by amending subparagraph (A) of paragraph (19) to read as follows:

(A)

In general

The term pattern of noncompliance means the persistent failure— (i)of a Convention country— (I)with respect to abduction cases pending as of the date on which the country entered the Hague Abduction Convention— (aa)to work with the Central Authority of the United States to resolve such cases; and (bb)to abide by any bilateral procedures established between the United States and such country; or (II)with respect to cases initiated after such date of entry, to implement and abide by provisions of such 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.

;

(E)in paragraph (23)— (i)by amending subparagraph (A) to read as follows:

(A)

In general

The term unresolved abduction case means an abduction case— (i)that does not meet the criteria to be considered resolved pursuant to subparagraph (B), (C), or (D) of this paragraph; and (ii)for which the completed application for return of the child or access to the child is submitted by the Central Authority of the United States, or directly by the parent, for determination to the foreign Central Authority, foreign ministry, judicial ministry, or the judicial or administrative authority, as applicable, of the country in which the child is located.

; and

(ii)by striking subparagraph (B) and inserting the following:

(B)

Resolution of case with a return

An abduction case shall be considered to be resolved if the child is returned to the left-behind parent, pursuant to the Hague Abduction Convention or other appropriate bilateral procedures, if applicable. (C)

Resolution of case without a return

An abduction case shall be considered to be resolved without a return if— (i)the left-behind parent reaches a voluntary arrangement with the other parent or custodian of the child; (ii)the left-behind parent submits to the Department of State a written withdrawal of the application under the Hague Convention on the Civil Aspects of Child Abduction for Return or the request for assistance in returning the child; or (iii)the left-behind parent submits to the Department of State a written withdrawal of the application for the organization of rights of Access under the Hague Convention on the Civil Aspects of International Child Abduction or the request for assistance in obtaining access to the child. (D)

Failed to return; case closed

An abduction case shall be considered to be resolved as failed to return; case closed if— (i)the judicial or administrative branch, as applicable, of the government of the country in which the child is located— (I)has implemented, and is complying with, the provisions of the Hague Abduction Convention or other bilateral procedures, as applicable; (II)has denied with finality the Petition for return of the child under the Convention or request under other bilateral procedure, as applicable; and (III)has determined that the child need not be returned to the left-behind parent; (ii)the Department of State cannot locate the left-behind parent for one year despite the documented efforts of the Department to locate the parent; (iii)the child is deceased; (iv)the left-behind parent is deceased and no amended petition has been filed; or (v)the abducted child attains the age of 18.

;

(F)by redesignating paragraphs (5) through (23) (as amended) as paragraphs (6) through (24), respectively; and (G)by inserting the following new paragraph after paragraph (4):

(5)

Ambassador-at-Large to Monitor and Combat Child Abductions

(A)

In general

The term Ambassador-at-Large to Monitor and Combat Child Abductions means the Ambassador-at-Large to Monitor and Combat Child Abductions appointed pursuant to section 201(a) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 9009). (B)

Duties

The duties and responsibilities of the Ambassador-at-Large to Monitor and Combat Child Abductions shall be carried out, during any period in which such Ambassador has not been duly appointed and confirmed, by— (i)the Director of the Office of Children’s Issues of the Department of State, as provided in section 201(a)(2)(B) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001; or (ii)if such Director has also not been appointed or confirmed, the Secretary of State.

Annual report on international child abduction expanded

Section 101 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9111) is amended as follows: (1)In subsection (b)— (A)in paragraph (2)— (i)in subparagraph (A)— (I)by striking abduction and after of such new; and (II)by striking , respectively, and inserting as were; (ii)in subparagraph (G), by striking ; and and inserting a semicolon; (iii)by redesignating subparagraphs (A) through (H) as subparagraphs (C) through (J), respectively; (iv)by inserting the following new subparagraphs before subparagraph (C) (as so redesignated):

(A)the number of children abducted from the United States and the number of children returned to the United States with respect to such country for each year of the 10-year period ending on the date of the submission of the report; (B)the total number of children abducted from the United States and the total number of children returned to the United States with respect to such country during the period beginning January 1, 1994, and the ending on the date of the submission of the report;

; and

(v)by adding at the end the following:

(K)the number of cases resolved with a return to the United States; (L)for cases resolved without a return, the number resolved with respect to which the left-behind parent— (i)reached a voluntary arrangement with the other parent or custodian of the child; (ii)submitted to the Department of State a written withdrawal of the application under the Hague Abduction Convention for the return of, or requesting assistance in returning, the child; or (iii)submitted to the Department of State a written withdrawal of the application for organization of rights of access under the Hague Abduction Convention or requesting for assistance in obtaining access to the child; and (M)for cases closed with a failure to return, the number of cases with respect to which— (i)the judicial or administrative branch, as applicable, of the government of the country in which the child is located— (I)has implemented, and is complying with, the provisions of the Hague Abduction Convention or other bilateral procedures, as applicable; (II)has denied with finality the petition for return of the child under the Convention, or request under other bilateral procedure, as applicable; and (III)has determined that the child need not be returned to the left-behind parent; (ii)the Department of State cannot locate the left-behind parent for one year despite the documented efforts of the Department to locate the parent; (iii)the child is deceased; (iv)the left-behind parent is deceased and no amended petition has been filed; or (v)the victim of the abduction is now over 18 years old.

;

(B)in paragraph (9), by striking and at the end; (C)in paragraph (10), by striking the period at the end and inserting a semicolon; and (D)by adding at the end the following new paragraphs:

(11)the total number of children abducted from the United States and the total number of children returned to the United States with respect to all countries, for each year in the 10-year period ending on the date of the submission of the report; (12)the total number of children abducted from each State with respect to all countries during the period beginning January 1, 1994, and the ending on the date of the submission of the report; and (13)the total number of children abducted from the United States and the total number of children returned to the United States with respect to all countries during the period beginning January 1, 1994, and the ending on the date of the submission of the report.

(2)In subsection (d)— (A)in paragraph (4), by striking ; and at the end and inserting a semicolon; (B)in paragraph (5), by striking the period at the end and inserting a semicolon; and (C)by adding at the end the following new paragraphs:

(6)a section that includes— (A)a tier 1 list of countries and territories— (i)with respect to which there are one or more pending or unresolved abduction cases; and (ii)the governments of which the Secretary of State determines have neither engaged in a persistent failure described in section 3(20)(B) nor in a pattern of noncompliance, as defined in section 3(20)(A); (B)a tier 2 list of countries and territories the governments of which the Secretary of State determines have engaged in a persistent failure described in section 3(20)(B), but are making significant efforts to bring themselves into compliance with those standards, and with respect to which— (i)the estimated number of unresolved abduction and access cases is very significant or is significantly increasing and the country is not taking proportional concrete actions; or (ii)there is a failure to provide evidence of increasing efforts to resolve unresolved abduction and access cases from the previous year; and (C)a tier 3 list of countries and territories the governments of which the Secretary of State determines have engaged in both a persistent failure described in section 3(20)(B) as well as a pattern of noncompliance, as defined in section 3(20)(A); and (7)a section describing the status of legal protections for victims of domestic violence and their children, with appropriate links to substantive intergovernmental reports (such as a United States country report documenting issues of domestic violence against vulnerable populations within the country), including— (A)a description of the ability of a victim of domestic abuse to obtain urgent protective and restraining measures with respect to such victim and any child of such victim; (B)an indication of where victims of domestic violence may obtain access to justice and essential services; (C)whether official findings of domestic or family violence are available outside of the criminal process, and are considered evidential in child custody cases; (D)whether evidentiary standards and burdens of proof in legal proceedings are consistent with United States judicial proceedings; and (E)whether foreign court and law enforcement will honor orders containing arrangements for the protection of a child.

(3)By striking subsection (e) and redesignating subsection (f) as subsection (e).

Amendments to standards and assistance

Section 102 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9112) is amended— (1)by striking Sec. 102. Standards and Assistance.—The Secretary of State shall— and inserting the following:

102.

Standards and assistance

(a)

In general

The Secretary of State shall—

; and

(2)by adding at the end the following:

(b)

Additional actions by Secretary of State

(1)

Action plan for tier 3 countries

(A)

In general

Not later than 180 days after the submission of each annual report required by section 101, the Secretary of State, acting through the Ambassador-at-Large to Monitor and Combat Child Abductions and the Assistant Secretary of the appropriate regional bureau, shall— (i)prepare an action plan for each country upgraded from the tier 3 list described in subparagraph (C) of section 101(d)(6) to the tier 2 list described in subparagraph (B) of such section, to further improve such country’s tier ranking; and (ii)present the relevant action plan to the government of each such country. (B)

Consultation

In preparing the plan required by subparagraph (A), the Secretary of State shall seek to consult with the Central Authority from the government of each applicable country with the assistance of the United States ambassador to or chargé d’affaires for such country. (2)

Transmission of information to tier 3 countries

Not less frequently than annually, the Secretary of State shall provide to the foreign minister of each country that has been downgraded to the tier 3 list described in subparagraph (C) of section 101(d)(6) in the most recent report submitted in accordance with such section— (A)a copy of the Annual Report on International Child Abductions; and (B)information pertinent to that country’s downgrade, including— (i)confirmation of the country’s inclusion in such tier 3 list; (ii)the factors that contributed to the downgrade; and (iii)the steps that the country must take to be considered for an upgrade in status of designation. (c)

Assistance provided by the Office of Children’s Issues

(1)

Documentation relating to domestic violence

For each application that the Director of the Office of Children’s Issues transmits to a Central Authority, the Director shall include documentation of— (A)domestic violence protections under the laws of the country from which the child has been removed; and (B)the availability of such protections to a parent alleged to have fled the United States due to domestic violence. (2)

Volunteer national attorney network

The Director of the Office of Children’s Issues shall take such steps as may be necessary to expand its volunteer national attorney network— (A)to provide attorneys willing to represent a responding parent in an incoming abduction case on a pro bono or reduced fee basis, with respect to which— (i)the parent is advancing the defense that such parent is a victim of domestic violence; or (ii)in an incoming case brought under the International Child Abduction Remedies Act (22 U.S.C. 9001 et seq.), with respect to which a defense of domestic violence has been made; and (B)to assist parents, on a pro bono or reduced fee basis, in outgoing cases, with— (i)an application for return or access under the Hague Abduction Convention to be transmitted by the Secretary of State to a foreign Central Authority; (ii)referrals to foreign counsel, or judicial or administrative officials, willing to represent the interests of the child in proceedings in the courts of foreign countries to secure the entry and enforcement of any undertaking orders entered by the foreign court to facilitate access to that child or that child’s return; or (iii)obtaining, where appropriate, protective orders related to allegations or findings of domestic violence, until the court of competent jurisdiction in the United States can address the child custody case on the merits.

Amendments relating to notification required to be provided to congressional representatives

Section 104 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9114) is amended— (1)by striking subsection (a) and inserting the following:

(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 reports an abduction to the Central Authority of the United States (without regard to whether such report occurred before, on, or after the date of the enactment of this subsection).

; and

(2)by striking subsection (b) and inserting the following:

(b)

Timing

The notification required under subsection (a) shall be provided— (1)not later than 90 days after the date of the enactment of such subsection, with respect to a report from a left-behind parent that was made on or before such date of enactment; or (2)not later than 90 days after the date of a report from a left-behind parent made after such date of enactment.

Amendments to authorities to respond to international child abductions

Section 201 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9121) is amended as follows: (1)By amending subsection (b) to read as follows:

(b)

Actions in response to unresolved cases

(1)

Determination of action

For each abduction or access case relating to a child whose habitual residence is in the United States that remains pending after the Central Authority of the United States or the parent 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 such determination is affirmative that such failure occurred, the Secretary should, as expeditiously as practicable— (A)take 3 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 address the resolution of the case with senior officials in the foreign government. (2)

Authority for delay of action

The Secretary of State may delay any action described in paragraph (1) for up to 1 year if the Secretary determines that such additional time will substantially assist in resolving the case. (3)

Report

If the Secretary of State determines to delay an action pursuant to paragraph (2) or decides not to take any action described in subsection (d) or (e) of section 202 after making the determination described in paragraph (1), the Secretary shall provide a report to the appropriate congressional committees, not later than 15 days after such delay or decision, that describes the reasons for such delay or decision. (4)

Congressional briefings

At the request of the appropriate congressional committees, the Secretary of State shall provide a briefing, including a written report, if requested, on actions taken to resolve a case or the cause for delay.

(2)By amending subsection (c) to read as follows:

(c)

Implementation

(1)

Sense of Congress

In carrying out subsection (b), the Secretary of State should— (A)take 3 or more actions pursuant to subparagraph (A) of subsection (b)(1) 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 to such a failure by communicating with the Central Authority of the country; and (ii)if such communication is unsuccessful in addressing the failure, 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 foreign country, as applicable. (2)

Additional guidelines for actions under section 202

In addition to the guidelines under paragraph (1), in determining whether to take 1 or more actions under paragraphs (5) through (7) of section 202(d) or section 202(e) pursuant to subparagraph (A) of subsection (b)(1), the Secretary of State shall seek to minimize any adverse impact on— (A)the population of the country the government of which 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.

(3)By adding at the end the following:

(d)

Action in the case of abducted children who reach the age of 16

When an individual who is an abducted child attains 16 years of age, a consular officer from a United States diplomatic mission in the country in which such individual resides shall, until either the parent seeking assistance or the individual (after attaining 18 years of age) requests the officer to cease, annually— (1)attempt to contact such individual, engaging other agencies and foreign counterparts as necessary to obtain a verified location; (2)advise such individual of applicable rights under section 51.28 of title 22, Code of Federal Regulations, including with respect to executing an application for a passport on the individual’s own behalf; and (3)advise such individual of applicable rights under sections 3301 through 3327 of title 38, United States Code.

Amendments to actions in response to patterns of noncompliance

Section 202 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9122) is amended as follows: (1)In the section heading, by striking

by the Secretary of State

. (2)In subsection (c)— (A)in the heading, by striking

by the Secretary of State

; and (B)by amending paragraph (4) to read as follows:

(4)

Reports

(A)

In general

Not later than 90 days after the submission of the Annual Report, the Secretary of State shall submit a report to Congress on the specific actions taken against countries determined to have engaged in a pattern of noncompliance under this section. (B)

Briefing

The Secretary of State shall annually brief the appropriate congressional committees on the report described in subparagraph (A).

(3)In subsection (d), by striking subsection (f) and inserting subsection (g). (4)In subsection (e), by striking paragraphs (1) and (2) and inserting the following:

(1)

In general

Except as provided in subsection (g), 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 of State shall submit to the appropriate congressional committees a report 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.

(5)By inserting the following new subsections after subsection (g):

(h)

Study on international parental child abduction

(1)

Study required

Not later than 1 year after the date of the enactment of this subsection, the Secretary of State shall seek to enter into an agreement with an appropriate nongovernmental organization to study and publish a report on the grave harm to abducted children and left-behind parents as a result of international parental child abduction. (2)

Authorization of appropriations

There is authorized to be appropriated $1,000,000 for each of fiscal years 2023 and 2024 to carry out the study described in paragraph (1). (3)

Appropriate nongovernmental organization

In this subsection, the term appropriate nongovernmental organization means a nongovernmental organization that has significant expertise in the trauma associated with international parental abductions. (i)

Audit of efforts

The Secretary of State shall perform an annual audit of the efforts of the Department of State to monitor and combat international child abductions. Upon the completion of the first such audit, the Secretary shall submit to the appropriate congressional committees the results of the audit, specifically describing the effects of actions taken under subsections (d) and (e). (j)

Report

Not later than 90 days after the Secretary of State submits the first Annual Report required to be submitted after the date of the enactment of this subsection, the Secretary of State shall submit to the appropriate committees a report that contains the following: (1)A description of the activities undertaken to conduct the study required by subsection (h). (2)An update on the progress of the audit required by subsection (i).

Amendments relating to training

Title III of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 is amended— (1)by repealing section 301; (2)by redesignating section 302 (as amended by subsection (a)) as section 301; and (3)by adding at the end the following:

302.

Additional international parental child abduction training

(a)

In general

The Secretary of State shall make training available on international parental child abductions to domestic and foreign professionals employed in the judicial, family court, or law enforcement professions. (b)

Authorizations of appropriations

There is authorized to be appropriated $1,000,000 for each fiscal year to carry out the training described in subsection (a).

Modifications to the Office of Children’s Issues of the Department of State

(a)

Establishment of United States ambassador-at-Large To monitor and combat child abductions

Section 201(a) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 9009) is amended to read as follows:

(a)

Ambassador-at-Large To Monitor and Combat Child Abductions

(1)

Appointment

The Office of Children’s Issues of the Department of State (in this section referred to as the Office) shall be led by an Ambassador-at-Large to Monitor and Combat Child Abductions (in this section referred to as the Ambassador), who shall be appointed by the President by and with the advice and consent of the Senate and who shall report directly to the Secretary of State. (2)

Diplomatic representation

Subject to the direction of the President and the Secretary of State, the Ambassador is authorized to represent the United States— (A)in matters and cases relevant to child abduction affairs, through— (i)contacts with foreign governments, intergovernmental organizations, specialized agencies of the United Nations, and other international organizations of which the United States is a member; and (ii)multilateral conferences and meetings relating to international child abductions; and (B)in matters and cases relevant to inter-country adoptions. (3)

Additional duties and responsibilities

The Ambassador shall also be responsible for carrying out the duties and responsibilities assigned to the Secretary of State under the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9101 et seq.). (4)

Director requirements

(A)

In general

The Secretary of State shall appoint to the position of Director of the Office of the Department of State an individual described in subparagraph (B) who can ensure long-term continuity in the management and policy matters of the Office. Such Director shall report directly to the Ambassador. (B)

Qualified appointees

An individual described in this subparagraph is an individual— (i)of senior rank in the Department of State; (ii)who is serving, at the time of the appointment, as a foreign affairs civil service officer; and (iii)who has a strong background in consular affairs. (C)

Assignment of duties

During any period in which an Ambassador has not been appointed and confirmed pursuant to paragraph (1), the Director of the Office shall carry out all duties and responsibilities otherwise assigned to the Ambassador.

(b)

Expansion of duties

Section 201 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 9009) is amended by adding at the end the following:

(e)

Formal request requirements

(1)

In general

The Director of the Office shall ensure that with respect to any abduction case relating to a non-Convention country, a formal request by the Central Authority of the United States to the Central Authority of such country for the return of the abducted child and for rights of contact with the abducted child— (A)is submitted within 30 days of a case being opened by a parent with the Office; and (B)is renewed, or the Central Authority of the non-Convention country is otherwise appropriately re-engaged, every 90 days thereafter until the case is resolved. (2)

Accession to Convention

In the case of a case relating to a non-Convention country that subsequently accedes to the Hague Abduction Convention, the Director of the Office shall ensure that a formal request described in paragraph (1) that is submitted prior to such date of entry is renewed or re-submitted in accordance with the requirements of the Convention, or the Central Authority of such country continues to otherwise be appropriately re-engaged, and the case continues to be pursued until resolved. (f)

Assistance for parents

In addition to the matters described in subsection (d), the Director of the Office shall ensure that parents are provided— (1)information about domestic reporting and remedies, the existence of humanitarian case assistance through Interpol, and the availability of welfare and whereabout visits in foreign countries; (2)assistance in— (A)locating internationally abducted children, including with respect to coordination between United States and foreign law enforcement officials or other foreign authorities; (B)serving process on an abducting parent through a diplomatic or consular post or through engagement with United States officials at such posts; (C)requesting in-person welfare and whereabout visits to be conducted by a consular officer at a diplomatic or consular post, including seeking cooperation from the abducting parent or from appropriate foreign authorities; and (D)obtaining reports of the results of such visits; and (3)liaison assistance with appropriate counterparts of the Department of Justice to facilitate— (A)the entry of a child into the National Crime Information Center database; (B)the issuance and maintenance of Interpol Red or Yellow notices; and (C)appropriate Federal criminal prosecution. (g)

In-Person welfare and whereabouts visits

Upon receiving an one-time request from a parent, a consular officer at a diplomatic or consular post shall conduct in-person welfare and whereabout visits described in subsection (f)(2)(C) every 90 days. Such visits may be discontinued only upon the written notice to discontinue such visits at the election of the non-abducting parent.

(c)

Conforming amendments

Section 433 of the Homeland Security Act of 2002 (6 U.S.C. 241) is amended by striking Secretary of State each place it appears and inserting Secretary of State (acting through the Ambassador-at-Large to Monitor and Combat Child Abductions of the Department of State). (d)

Sense of Congress

It is the sense of Congress that, in addition to the authorities provided by the amendments made by this section, the Secretary of State, acting through the Ambassador-at-Large to Monitor and Combat Child Abductions, should exercise to the fullest extent all authorities available to the Secretary, such as through mutual legal assistance treaties and other bilateral or multilateral treaties and agreements, to— (1)repatriate abducted children; and (2)extradite abducting parents.

10.

Increasing sentencing guideline for international parental kidnapping

Section 1204 of title 18, United States Code, is amended— (1)in subsection (a), by striking 3 and inserting 10; and (2)in subsection (b)(1), by striking 16 and inserting 18.

11.

Clerical amendments

(a)

Waiver

Section 204 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9124) is amended by striking the heading and inserting Waiver.. (b)

Termination of actions

Section 205 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9125) is amended by striking the heading and inserting Termination of actions.. (c)

Table of contents

Section 1(b) of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9101 note) is amended to read as follows:

(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 in response to patterns of noncompliance in cases of international child abductions.

Sec. 203. Consultations with foreign governments.

Sec. 204. Waiver.

Sec. 205. Termination of actions.

TITLE III—PREVENTION OF INTERNATIONAL CHILD ABDUCTION

Sec. 301. Authorization for judicial training on international parental child abduction.

Sec. 302. Additional international parental child abduction training.

12.

Expanding notification requirements for missing children

Subsection (a) of section 3701 of the Crime Control Act of 1990 (34 U.S.C. 41307) is amended to read as follows:

(a)

Requirement

(1)

In general

Each Federal, State, and local law enforcement agency shall report each case of a missing child under the age of 21 reported to such agency to the National Crime Information Center of the Department of Justice, except that in the case of an international parental child abduction, such agency shall report the case to the Federal Bureau of Investigation. (2)

International parental child abductions

(A)

Requirement on FBI

In each case of international parental child abduction, the Federal Bureau of Investigation shall— (i)report each case of a missing child under the age of 21 reported to such agency to the National Crime Information Center of the Department of Justice; and (ii)request that the United States National Central Bureau, as the official United States representative to the International Criminal Police Organization (INTERPOL), issue a Yellow Notice. (B)

Application to previously abducted children

Not later than 30 days after the date of enactment of the Bring Abducted Children Home Amendments Act, for each covered international parental child abduction— (i)the Federal Bureau of Investigation shall comply with the requirements under subparagraph (A); and (ii)the Office of Children’s Issues shall provide information to left-behind parents of the resources and authorities available pursuant to the amendments made by such Act and assist them by liaising with the Department of Justice to ensure that the Federal Bureau of Investigations complies with the requirements under subparagraph (A). (C)

Removal from the NCIC

A child who is the victim of an international parental child abduction who is entered into the National Crime Information Center database of the Department of Justice may not be removed from such database until the child— (i)is returned to the left-behind parent; or (ii)after reaching the age of 21, requests their removal in person to a United States consular official or Federal law enforcement officer. (D)

INTERPOL Yellow Notice

A Yellow Notice issued by the United States National Central Bureau with respect to a child who is the victim of an international parental abduction shall remain active until the child— (i)is returned to the left-behind parent; or (ii)after reaching the age of 21, requests their removal in person to a United States consular official or Federal law enforcement officer. (3)

Definitions

In this subsection: (A)The term international parental child abduction has the meaning given the term abduction in section 3 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9101), to the extent that the perpetrator of such abduction is a parent of the child. (B)The term left-behind parent has the meaning given such term in section 3 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9101). (C)The term covered international parental child abduction means an international parental child abduction— (i)that occurred prior to the date of enactment of the Bring Abducted Children Home Amendments Act— (I)with respect to which paragraph (1) would apply if such abduction were to have occurred on or after the date of enactment of such Act; or (II)that was reported to the Office of Children’s Issues of the Department of State; and (ii)with respect to which the child who was abducted has not been returned to the left-behind parent.

13.

Legal expense grants for victims of international parental child abduction

Section 1403 of the Victims of Crime Act of 1984 (34 U.S.C. 20102) is amended— (1)in subsection (b)(1)— (A)in the matter preceding subparagraph (A), by striking including drunk driving and domestic violence and inserting including international parental child abduction, drunk driving, and domestic violence; (B)in subparagraph (B), by striking and at the end; (C)in subparagraph (C), by adding and at the end; and (D)by inserting after subparagraph (C) the following:

(D)legal expenses in United States and foreign countries attributable to efforts to repatriate a victim of international parental child abduction resulting from a compensable crime;

;

(2)in subsection (d)— (A)in paragraph (3), by inserting that constitute international parental child abduction, after that are described in section 247 of title 18, United States Code,; (B)in paragraph (4), by striking and at the end; (C)in paragraph (5), by striking the period at the end and inserting a semicolon; and (D)by adding at the end the following:

(6)the term international parental child abduction has the meaning given such term in section 3701 of the Crime Control Act of 1990 (34 U.S.C. 41307)); and (7)the term left-behind parent has the meaning given such term in section 3 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9101).

; and

(3)by adding at the end the following:

(f)

Rule of construction

For purposes of this section, a left-behind parent shall be considered a victim of international parental child abduction.