[Congressional Record Volume 159, Number 175 (Wednesday, December 11, 2013)]
[House]
[Pages H7642-H7650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SEAN AND DAVID GOLDMAN INTERNATIONAL CHILD ABDUCTION PREVENTION AND
RETURN ACT OF 2013
Mr. ROYCE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3212) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3212
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sean and
David Goldman International Child Abduction Prevention and
Return Act of 2013''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings; sense of Congress; purposes.
Sec. 3. Definitions.
TITLE I--DEPARTMENT OF STATE ACTIONS
Sec. 101. Annual report.
Sec. 102. Standards and assistance.
Sec. 103. Memorandum of understanding.
Sec. 104. Notification of congressional representatives.
TITLE II--PRESIDENTIAL ACTIONS
Sec. 201. Presidential actions in response to unresolved cases.
Sec. 202. Presidential actions in response to patterns of
noncooperation in cases of international child
abductions.
Sec. 203. Consultations with foreign governments.
Sec. 204. Report to Congress.
Sec. 205. Presidential actions.
Sec. 206. Presidential waiver.
Sec. 207. Publication in Federal Register.
Sec. 208. Termination of Presidential actions.
SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Sean Goldman, a United States citizen and resident of
New Jersey, was abducted from the United States in 2004 and
separated from his father, David Goldman, who spent nearly
six years battling for the return of his son from Brazil
before Sean was finally returned to Mr. Goldman's custody on
December 24, 2009.
(2) The Department of State's Office of Children's Issues,
which serves as the Central Authority of the United States
for the purposes of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction, has received
thousands of requests since 2007 for assistance in the return
to the United States of children who have been abducted by a
parent or other legal guardian to another country. For a
variety of reasons reflecting the significant obstacles to
the recovery of abducted children, as well as the legal and
factual complexity involving such cases, not all cases are
reported to the Central Authority of the United States.
(3) More than one thousand outgoing international child
abductions are reported to the Central Authority of the
United States every year.
(4) Only about half of the children abducted from the
United States to countries with which the United States
enjoys reciprocal obligations under the Hague Abduction
Convention are returned to the United States.
(5) The United States and Convention countries have
expressed their desire, through the Hague Abduction
Convention, ``to protect children internationally from the
harmful effects of their wrongful removal or retention and to
establish procedures to ensure their prompt return to the
State of their habitual residence, as well as to secure
protection for rights of access.''.
(6) Compliance by the United States and Convention
countries depends on the actions of their designated central
authorities, the performance of their judiciaries as
reflected in the legal process and decisions rendered to
enforce or effectuate the Hague Abduction Convention, and the
ability and willingness of their law enforcement to insure
the swift enforcement of orders rendered pursuant to the
Hague Abduction Convention.
(7) According to data compiled by the Central Authority of
the United States, approximately 40 percent of abduction
cases and access cases involve children taken from the United
States to countries with which the United States does not
have Hague Abduction Convention obligations or other
agreements relating to the resolution of abduction cases and
access cases.
(8) According to the Department of State's April 2010
Report on Compliance with the Hague Convention on the Civil
Aspects of International Child Abduction, ``parental child
abduction jeopardizes the child and has substantial long-term
consequences for both the child and the left-behind
parent.''.
(9) Abducted children are at risk of serious emotional and
psychological problems and have been found to experience
anxiety, eating problems, nightmares, mood swings, sleep
disturbances, aggressive behavior, resentment, guilt and
fearfulness, and as adults may struggle with identity issues,
personal relationships, and parenting.
(10) Left-behind parents may encounter substantial
psychological and emotional problems, and few have the
extraordinary financial resources necessary to pursue
individual civil or criminal remedies in both the United
States and a foreign country, even where available, or to
engage in repeated foreign travel to attempt to procure the
return of their children by evoking diplomatic and
humanitarian remedies.
(11) Left-behind parents who are military parents may be
unable to leave their military duties to pursue multinational
litigation or take leave to attend multiple court
proceedings, and foreign authorities may not schedule
proceedings to accommodate such duties.
(b) Sense of Congress.--It is the sense of Congress that
the United States should set a strong example for Convention
countries in the timely location and return of abducted
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children in the United States whose habitual residence is not
the United States.
(c) Purposes.--The purposes of this Act are to--
(1) protect children whose habitual residence is the United
States from the harmful effects of abduction and to assist
left-behind parents to have access to their abducted child in
a safe and predictable manner, wherever the child is located,
while an abduction case is pending;
(2) provide left-behind parents, including military
parents, their advocates, and judges the information they
need to enhance the resolution of abduction cases and access
cases through established legal procedures, risk assessment
tools, and the practical means for overcoming obstacles to
recovering an abducted child;
(3) establish measured, effective, and predictable actions
to be undertaken by the President on behalf of abducted
children whose habitual residence is the United States at the
time of the abduction;
(4) promote an international consensus that it is in the
interest of children to have any issues related to their care
and custody determined in the country of their habitual
residence;
(5) provide the necessary training for officials of the
United States Armed Forces and the Department of Defense to
establish policies and provide services to military parents
that address the unique circumstances of abductions and
violations of rights of access that may occur with regard to
military dependent children; and
(6) encourage the effective implementation of international
mechanisms, particularly those established pursuant to the
Hague Abduction Convention, to achieve reciprocity in the
resolution of abductions and to protect children from the
harmful effects of an abduction.
SEC. 3. DEFINITIONS.
In this Act:
(1) Abducted child.--The term ``abducted child'' means a
child who is the victim of an abduction.
(2) Abduction.--The term ``abduction'' means--
(A) the alleged wrongful removal of a child from the
child's country of habitual residence;
(B) the alleged wrongful retention of a child outside the
child's country of habitual residence; or
(C) the alleged wrongful removal or retention of a military
dependent child from the exercise of rights of custody of a
military parent.
(3) Abduction case.--The term ``abduction case'' means a
case involving an application filed with the Central
Authority of the United States by a left-behind parent for
the resolution of an abduction.
(4) Access case.--The term ``access case'' means a case
involving an application filed with the Central Authority of
the United States by a left-behind parent for the
establishment of rights of access.
(5) Annual report.--The term ``Annual Report'' means the
Annual Report on International Child Abduction required under
section 101.
(6) Application.--The term ``application'' means--
(A) in the case of a Convention country, the application
required pursuant to article 8 of the Hague Abduction
Convention;
(B) in the case of an MOU country, the formal document
required pursuant to the provisions of the applicable MOU to
request the return of an abducted child or to request rights
of access, as applicable; and
(C) in the case of a nonparty country, the formal request
by the Central Authority of the United States to the Central
Authority of such country requesting the return of an
abducted child or for rights of access to an abducted child.
(7) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(8) Central authority.--The term ``Central Authority''
means--
(A) in the case of a Convention country, the meaning given
such term in article 6 of the Hague Abduction Convention;
(B) in the case of an MOU country, the official entity
designated by the government of the MOU country within the
applicable MOU pursuant to section 103(b)(1) to discharge the
duties imposed on the entity in such MOU; and
(C) in the case of a nonparty country, the foreign ministry
of such country.
(9) Child.--The term ``child'' means an individual who has
not attained the age of 16.
(10) Convention country.--The term ``Convention country''
means a country other than the United States that has
ratified, acceded, or succeeded to the Hague Abduction
Convention and with respect to which the United States has
entered into a reciprocal agreement pursuant to the Hague
Abduction Convention.
(11) Hague abduction convention.--The term ``Hague
Abduction Convention'' means the Convention on the Civil
Aspects of International Child Abduction, done at The Hague
on October 25, 1980.
(12) Left-behind parent.--The term ``left-behind parent''
means an individual or entity, either individually or
jointly, who alleges that an abduction has occurred that is
in breach of rights of custody--
(A) attributed to such individual or entity, as applicable;
and
(B) exercised at the time of the abduction or that would
have been exercised but for the abduction.
(13) Legal residence.--The term ``legal residence'' means
the congressional district and State in which an individual
either is residing, or if an individual is residing
temporarily outside the United States, the congressional
district and State to which the individual intends to return.
(14) Military dependent child.--The term ``military
dependent child'' means a child whose habitual residence is
the United States according to United States law even though
the child is residing outside the United States with a
military parent.
(15) Military parent.--The term ``military parent'' means
an individual who has rights of custody over a child and who
is serving outside the United States as a member of the
United States Armed Forces.
(16) MOU.--The term ``MOU'' means a memorandum of
understanding between the United States and a country that is
not a Convention country to resolve abduction cases and
access cases.
(17) MOU country.--The term ``MOU country'' means a country
with respect to which the United States has entered into an
MOU.
(18) Nonparty country.--The term ``nonparty country'' means
a country that is neither a Convention country nor an MOU
country.
(19) Pattern of noncooperation.--
(A) In general.--The term ``pattern of noncooperation''
means the persistent failure--
(i) of a Convention country to implement and abide by the
provisions of the Hague Abduction Convention; and
(ii) of an MOU country to implement and abide by the
provisions of the applicable MOU.
(B) Criteria.--Such persistent failure may be evidenced by
one or more of the following criteria:
(i) The existence of 10 or more unresolved abduction cases.
(ii) The failure of the Central Authority of the country to
fulfill its responsibilities pursuant to the Hague Abduction
Convention or the MOU, as applicable.
(iii) The failure of the judicial or administrative branch,
as applicable, of the national government of the country to
implement and comply with the provisions of the Hague
Abduction Convention or the MOU, as applicable.
(iv) The failure of law enforcement to locate abducted
children or to enforce return orders or determinations of
rights of access rendered by the judicial or administrative
authorities of the national government of the country in
abduction cases or access cases.
(20) Rights of access.--The term ``rights of access'' means
the rights of contact between a child and a left-behind
parent provided as a provisional measure while an abduction
case is pending, by operation of law or by reason of judicial
or administrative determination or by agreement having legal
effect, under the law of the country in which the child is
located.
(21) Rights of custody.--The term ``rights of custody''
means rights of care and custody of an abducted child,
including the right to determine the place of residence of an
abducted child--
(A) attributed to an individual or entity, either
individually or jointly, and
(B) arising by operation of law or by reason of a judicial
or administrative decision, or by reason of an agreement
having legal effect,
under the law of the country in which the child was an
habitual resident immediately before the abduction.
(22) Unresolved abduction case.--
(A) In general.--Subject to subparagraph (B), the term
``unresolved abduction case'' means an abduction case that
remains unresolved for a period that exceeds 180 days after
the date on which the completed application for return of the
child is submitted for determination to the judicial or
administrative authority, as applicable, in the country in
which the child is located.
(B) Resolution of case.--An abduction case shall be
considered to be resolved if--
(i) the child is returned to the country of habitual
residence, pursuant to the Hague Abduction Convention or MOU,
if applicable;
(ii) the judicial or administrative branch, as applicable,
of the national government of the country in which the child
is located has implemented and is complying with the
provisions of the Hague Abduction Convention or the MOU, as
applicable, and a final determination is made by such
judicial or administrative branch that the child will not be
returned to the country of habitual residence; or
(iii) the child attains the age of 16.
TITLE I--DEPARTMENT OF STATE ACTIONS
SEC. 101. ANNUAL REPORT.
(a) In General.--Not later than March 31 of each year, the
Secretary of State shall submit to the appropriate
congressional committees an Annual Report on International
Child Abduction.
(b) Contents.--Each Annual Report shall include the
following:
(1) A list of all countries with respect to which there
were one or more abduction cases during the preceding year
that identifies whether each such country is a Convention
country, an MOU country, or a nonparty country.
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(2) For each country with respect to which there were 5 or
more abduction cases during the preceding year:
(A) The number of abduction cases and the number of access
cases, respectively, reported during the preceding year.
(B) The number of abduction cases and the number of access
cases, respectively, that are pending as of March 1 of the
year in which such Annual Report is submitted.
(C)(i) For Convention and MOU countries, the number of
abduction cases and the number of access cases, respectively,
that were pending at any point for more than 180 days after
the date on which the Central Authority of the United States
transmitted the complete application for each such case to
the Central Authority of such country, and were not submitted
by the Central Authority to the judicial or administrative
authority, as applicable, of such country within the 180-day
period.
(ii) The reason for the delay in submission of each case
identified in clause (i) by the Central Authority of such
country to the judicial or administrative authority.
(D) The number of unresolved abduction cases, and the
length of time each case has been pending.
(E) The number of unresolved abduction cases in which a
completed application has been filed and law enforcement has
failed to locate the abducted child or to enforce a return
order rendered by the judicial or administrative authorities
of such country.
(F) The median time required for resolution of abduction
cases during the preceding year, to be measured from the date
on which the application with respect to the abduction case
is transmitted by the Central Authority of the United States
to the Central Authority of such country to the date on which
the abduction case is resolved.
(G) The total number and the percentage of the total number
of abduction cases and access cases, respectively, resolved
during the preceding year.
(H) Detailed information about each unresolved abduction
case described in subparagraph (E) and on actions taken by
the Department of State to resolve such case, including the
specific actions taken by the United States chief of mission
in such country.
(I) Recommendations to improve resolution of abduction
cases and access cases.
(3) The number of abducted children from the United States
who were returned to the United States from Convention
countries, MOU countries, and nonparty countries,
respectively.
(4) A list of Convention countries and MOU countries that
have failed to comply with any of their obligations under the
Hague Abduction Convention or the MOU, as applicable, with
respect to the resolution of abduction cases and access
cases.
(5) A list of countries demonstrating a pattern of
noncooperation, and a summary of the criteria on which the
determination of a pattern of noncooperation for each country
is based.
(6)(A) Information on efforts by the Secretary of State to
encourage other countries to become signatories to the Hague
Abduction Convention or to enter into an MOU.
(B) The efforts referred to in subparagraph (A) shall
include efforts to address pending abduction cases and access
cases in such countries.
(7) A description of the efforts of the Secretary of State
to encourage Convention countries and MOU countries to
facilitate the work of nongovernmental organizations within
their respective countries that assist left-behind parents.
(8) The number of cases which were successfully resolved
without abducted children being returned to the United States
from Convention countries, MOU countries, and nonparty
countries, respectively.
(c) Exception.--The Annual Report shall not include--
(1) the names of left-behind parents or children involved
in abduction cases or access cases; or
(2) information that may identify a party involved in an
abduction case or access case unless the party stipulates in
writing to the Central Authority of the United States that
such information may be included in the Annual Report.
(d) Additional Thematic Sections.--Each Annual Report shall
also include--
(1) information on the number of unresolved abduction cases
affecting left-behind parents who are military parents and a
summary of assistance offered to such left-behind parents;
(2) information on the use of airlines in abductions,
voluntary airline practices to prevent abductions, and
recommendations for best airline practices to prevent
abductions;
(3) information on actions taken by the Central Authority
of the United States to train domestic judges in application
of the Hague Abduction Convention; and
(4) information on actions taken by the Central Authority
of the United States to train United States Armed Forces
legal assistance personnel, military chaplains, and military
family support center personnel about abductions, the risk of
loss of access to children, and the legal frameworks
available to resolve such cases.
(e) Repeal of the Hague Convention Compliance Report.--
Section 2803 of the Foreign Affairs Reform and Restructuring
Act of 1998 (42 U.S.C. 11611) is repealed.
SEC. 102. STANDARDS AND ASSISTANCE.
The Secretary of State shall ensure that United States
diplomatic and consular missions abroad--
(1) maintain a consistent reporting standard with respect
to abduction cases and access cases involving abducted
children in the country in which such mission is located for
purposes of the Annual Report;
(2) designate at least one official in each such mission to
assist left-behind parents from the United States who are
visiting such country to resolve cases involving an abduction
or rights of access; and
(3) monitor developments in cases involving abducted
children in the country in which such mission is located.
SEC. 103. MEMORANDUM OF UNDERSTANDING.
(a) In General.--The Secretary of State should seek to
enter into an MOU with every country that is not a Convention
country and is unlikely to become a Convention country in the
forseeable future, that includes--
(1) identification of the Central Authority;
(2) a protocol to identify, locate, and effectuate the
return of an abducted child identified in an abduction case
not later than 6 weeks after the application with respect to
the abduction case has been submitted to the judicial or
administrative authority, as applicable, of the country in
which the abducted child is located;
(3) a protocol for the establishment and protection of the
rights of access;
(4) identification of the judicial or administrative
authority that will promptly adjudicate abduction cases and
access cases;
(5) identification of a law enforcement agency and
available law enforcement mechanisms and procedures to ensure
the immediate enforcement of an order issued by the authority
identified pursuant to paragraph (4) to return an abducted
child to a left-behind parent, including by--
(A) conducting an investigation to ascertain the location
of the abducted child;
(B) providing protection to the abducted child after such
child is located; and
(C) retrieving the abducted child and making the
appropriate arrangements for such child to be returned to the
country of habitual residence;
(6) a protocol to establish periodic visits between a
United States embassy or consular official and an abducted
child to allow the official to ascertain the child's location
and welfare; and
(7) such other provisions as determined to be appropriate
by the Secretary of State.
(b) Rule of Construction.--
(1) In general.--Nothing in this Act shall be construed to
prohibit the United States from proposing and entering into a
memorandum of understanding with a Convention country to
further clarify the reciprocal obligations of the United
States and the Convention country under the Hague Abduction
Convention.
(2) Treatment of obligations of convention country.--In
those instances in which there is a memorandum of
understanding as described in paragraph (1), the obligations
of the Convention country under such memorandum shall be
considered to be obligations of such country under the Hague
Abduction Convention for purposes of this Act.
SEC. 104. NOTIFICATION OF CONGRESSIONAL REPRESENTATIVES.
(a) Notification.--Except as provided in subsection (b),
the Secretary of State shall notify in writing the Member of
Congress and Senators representing the legal residence of a
left-behind parent when such parent reports an abduction to
the Central Authority of the United States.
(b) Exception.--The notification requirement under
subsection (a) shall not apply if the left-behind parent does
not consent to the notification described in such subsection.
(c) Timing.--At the request of any person who is a left-
behind parent, including a left-behind parent who previously
reported an abduction to the Central Authority of the United
States before the date of the enactment of this Act,
notification of a Member of Congress, in accordance with
subsections (a) and (b), shall be provided as soon as is
practicable.
(d) Member of Congress Defined.--In this section, the term
``Member of Congress'' means a Representative in, or Delegate
or Resident Commissioner to, the Congress.
TITLE II--PRESIDENTIAL ACTIONS
SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRESOLVED
CASES.
(a) Response to International Child Abductions.--
(1) United states policy.--It shall be the policy of the
United States to--
(A) promote the best interest of children abducted from the
United States by establishing legal rights and procedures for
their prompt return and by promoting such rights and
procedures through actions that ensure the enforcement of
reciprocal international obligations; and
(B) recognize the international character of the Hague
Abduction Convention, and the need for reciprocity pursuant
to and the uniform international interpretation of the Hague
Abduction Convention, by promoting the timely resolution of
abduction cases through one or more of the actions described
in section 205.
(2) Requirement of presidential action.--Whenever the
President determines that the government of a foreign country
has failed to resolve an unresolved abduction case, the
President shall oppose such failure through one or more of
the actions described in subsection (b).
(b) Presidential Actions.--
(1) In general.--Subject to paragraphs (2) and (3), the
President, in consultation with
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the Secretary of State, shall, as expeditiously as
practicable in response to the failure described in
subsection (a) by the government of a foreign country, take
one or more of the actions described in paragraphs (1)
through (13) of section 205(a) (or commensurate action as
provided in section 205(b)) with respect to such country.
(2) Deadline for actions.--
(A) In general.--Except as provided in subparagraph (B),
not later than March 31 of each year, the President shall
take one or more of the actions described in paragraphs (1)
through (13) of section 205(a) (or commensurate action as
provided in section 205(b)) with respect to each foreign
country the government of which has failed to resolve an
unresolved abduction case that is pending as of such date.
(B) Exception.--In the case of an action under any of
paragraphs (10) through (13) of section 205(a) (or
commensurate action as provided in section 205(b))--
(i) the action may only be taken after the requirements of
sections 203 and 204 have been satisfied; and
(ii) the March 31 deadline to take the action shall not
apply.
(3) Authority for delay of presidential actions.--The
President may delay action described in any of the paragraphs
(10) through (13) of section 205(a) (or commensurate action
as provided in section 205(b)), as required under paragraph
(2), if the President determines and certifies to the
appropriate congressional committees that an additional,
specified period of time is necessary for a continuation of
negotiations that have been commenced with the country to
resolve the unresolved case.
(c) Implementation.--
(1) In general.--In carrying out subsection (b), the
President shall--
(A) take one or more actions that most appropriately
respond to the nature and severity of the failure to resolve
the unresolved abduction cases; and
(B) seek to the fullest extent possible to target action as
narrowly as practicable with respect to the agencies or
instrumentalities of the foreign government that are
responsible for such failures, in ways that respect the
separation of powers and independence of the judiciary in
foreign countries.
(2) Guidelines for presidential actions.--In addition to
the guidelines under paragraph (1), the President, in
determining whether to take one or more actions under
paragraphs (10) through (13) of section 205(a) (or
commensurate action as provided in section 205(b)), shall
seek to minimize any adverse impact on--
(A) the population of the country whose government is
targeted by the action or actions; and
(B) the humanitarian activities of United States and
foreign nongovernmental organizations in the country.
SEC. 202. PRESIDENTIAL ACTIONS IN RESPONSE TO PATTERNS OF
NONCOOPERATION IN CASES OF INTERNATIONAL CHILD
ABDUCTIONS.
(a) Response to a Pattern of Noncooperation.--
(1) United states policy.--It shall be the policy of the
United States to--
(A) oppose institutional or other systemic failures of
foreign governments to fulfill their obligations pursuant to
the Hague Abduction Convention or MOU, as applicable, to
resolve abduction cases and access cases; and
(B) promote reciprocity pursuant to and compliance with the
Hague Abduction Convention by Convention countries and
compliance with the applicable MOU by MOU countries.
(2) Requirement of presidential action.--Whenever the
President determines that the government of a foreign country
has engaged in a pattern of noncooperation, the President
shall promote the resolution of the unresolved abduction
cases through one or more of the actions described in
subsection (c).
(b) Designations of Countries With Patterns of
Noncooperation in Cases of International Child Abduction.--
(1) Annual review.--
(A) In general.--Not later than March 31 of each year, the
President shall review the status of abduction cases and
access cases in each foreign country to determine whether the
government of such country has engaged in a pattern of
noncooperation during the preceding 12 months or since the
date of the last review of such country under this
subparagraph, whichever period is longer. The President shall
designate each country the government of which has engaged in
a pattern of noncooperation as a Country With a Pattern of
Noncooperation.
(B) Basis of review.--Each review conducted under
subparagraph (A) shall be based upon information contained in
the latest Annual Report and on any other evidence available.
(2) Determinations of responsible parties.--For the
government of each country designated as a Country With a
Pattern of Noncooperation under paragraph (1)(A), the
President shall seek to determine the agencies or
instrumentalities of such government that are responsible for
the pattern of noncooperation by such government in order to
appropriately target actions under this section in response.
(3) Congressional notification.--Whenever the President
designates a country as a Country With a Pattern of
Noncooperation under paragraph (1)(A), the President shall,
as soon as practicable after such designation is made,
transmit to the appropriate congressional committees--
(A) the designation of the country, signed by the
President; and
(B) the identification, if any, of responsible agencies or
instrumentalities determined under paragraph (2).
(c) Presidential Actions With Respect to a Country With a
Pattern of Noncooperation.--
(1) In general.--Subject to paragraphs (2) and (3) with
respect to each Country With a Pattern of Noncooperation
designated under subsection (b)(1)(A), the President shall,
after the requirements of sections 203 and 204 have been
satisfied, but not later than 90 days (or 180 days in case of
a delay under paragraph (2)) after the date of such
designation of the country under such subsection, take one or
more of the actions under paragraphs (10) through (13) of
section 205(a) (or commensurate action as provided in section
205(b)).
(2) Authority for delay of presidential actions.--If, on or
before the date that the President is required to take action
under paragraph (1), the President determines and certifies
to the appropriate congressional committees that a single,
additional period of time not to exceed 90 days is
necessary--
(A) for a continuation of negotiations that have been
commenced with the government of a country described in such
paragraph to bring about a cessation of the pattern of
noncooperation by such country, or
(B) for a review of corrective action taken by such country
after designation of such country as a Country With a Pattern
of Noncooperation under subsection (b)(1)(A) or in
anticipation that corrective action will be taken by such
country during such 90-day period,
the President shall not be required to take such action until
the expiration of such period of time.
(3) Exception for ongoing presidential action.--
(A) In general.--The President shall not be required to
take action under paragraph (1) with respect to a Country
With a Pattern of Noncooperation if--
(i) the President has taken action pursuant to paragraph
(1) with respect to such country in a preceding year, such
action is in effect at the time such country is designated as
a Country with a Pattern of Noncooperation under subsection
(b)(1)(A), and the President submits to the appropriate
congressional committees the information described in section
204 regarding the actions in effect with respect to such
country; or
(ii) subject to subparagraph (B), the President determines
that such country is subject to multiple, broad-based
sanctions imposed in significant part in response to human
rights abuses and that such sanctions also satisfy the
requirements of this subsection.
(B) Additional requirements.--If the President makes a
determination under subparagraph (A)(ii)--
(i) the report under section 204 and, as applicable, the
publication in the Federal Register under section 208, shall
specify the specific sanction or sanctions that the President
has determined satisfy the requirements of this subsection;
and
(ii) such sanctions shall remain in effect subject to
section 209.
(d) Rule of Construction.--A determination under this
section that a foreign country has engaged in a pattern of
noncooperation shall not be construed to require the
termination of assistance or other activities with respect to
such country under any other provision of law, including
section 116 or 502B of the Foreign Assistance Act of 1961 (22
U.S.C. 2151(n) or 2304).
SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS.
As soon as practicable after the President makes a
determination under section 201 in response to failures to
resolve unresolved abduction cases and the President decides
to take action under paragraphs (10) through (13) of section
205(a) (or commensurate action as provided in section 205(b))
with respect to that country, or not later than 90 days after
the President designates a country as a country with a
pattern of noncooperation pursuant to section 202(b)(1)(a),
the President shall--
(1) request consultation with the government of such
country regarding the failures giving rise to designation of
that country as a Country With a Pattern of Noncooperation
regarding the pattern of noncooperation or to action under
section 201; and
(2) if agreed to, enter into such consultations with such
country, privately or publicly.
SEC. 204. REPORT TO CONGRESS.
(a) In General.--Subject to subsection (b), not later than
90 days after the President makes a determination under
section 201 in response to failures to resolve unresolved
abduction cases and the President decides to take action
under paragraphs (10) through (13) of section 205(a) (or
commensurate action as provided in section 205(b)) with
respect to that country, or not later than 90 days after the
President designates a country as a Country With a Pattern of
Noncooperation pursuant to section 202(b)(1)(A), the
President shall transmit to the appropriate congressional
committees a report on the following:
[[Page H7646]]
(1) Identification of presidential actions.--An
identification of the action or actions described in section
205(a) (or commensurate action as provided in section 205(b))
to be taken with respect to such country.
(2) Description of violations.--A description of the
failure to resolve an unresolved case or the pattern of
noncooperation, as applicable, giving rise to the action or
actions to be taken by the President.
(3) Purpose of presidential actions.--A description of the
purpose of the action or actions.
(4) Evaluation.--
(A) Description.--An evaluation, in consultation with the
Secretary of State, the parties described in section 203(b),
and other parties the President determines appropriate, of
the anticipated impact of the Presidential action upon--
(i) pending abduction cases in such country;
(ii) the government of such country;
(iii) the population of such country;
(iv) the United States economy;
(v) other interested parties; and
(vi) if such country is a Convention country or an MOU
country, the reciprocal fulfillment of obligations pursuant
to such Convention or applicable MOU, as applicable.
(B) Form.--The evaluation under subparagraph (A) shall be
transmitted in unclassified form, but may contain a
classified annex if necessary.
(5) Statement of policy options.--A statement that
noneconomic policy options designed to resolve the unresolved
case or bring about the cessation of the pattern of
noncooperation have reasonably been exhausted, including the
consultations required in section 203.
(b) Delay in Transmittal of Report.--If, on or before the
date that the President is required to submit a report under
subsection (a) to the appropriate congressional committees,
the President determines and certifies to such committees
that a single, additional period of time not to exceed 90
days is necessary pursuant to section 202(c)(2), the
President shall not be required to submit the report to such
committees until the expiration of such period of time.
SEC. 205. PRESIDENTIAL ACTIONS.
(a) Description of Presidential Actions.--Except as
provided in subsection (c), the Presidential actions referred
to in this subsection are the following:
(1) A private demarche.
(2) An official public demarche.
(3) A public condemnation.
(4) A public condemnation within one or more multilateral
fora.
(5) The delay or cancellation of one or more scientific
exchanges.
(6) The delay or cancellation of one or more cultural
exchanges.
(7) The denial of one or more working, official, or state
visits.
(8) The delay or cancellation of one or more working,
official, or state visits.
(9) A formal request to the foreign country concerned to
extradite an individual who is engaged in abduction and who
has been formally accused of, charged with, or convicted of
an extraditable offense.
(10) The withdrawal, limitation, or suspension of United
States development assistance in accordance with section 116
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n).
(11) The withdrawal, limitation, or suspension of United
States security assistance in accordance with section 502B of
the Foreign Assistance Act of 1961 (22 U.S.C. 2304).
(12) The withdrawal, limitation, or suspension of
assistance to the central government of a country pursuant to
chapter 4 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2346 et seq.; relating to the Economic Support
Fund).
(13) Ordering the heads of the appropriate United States
agencies not to issue any (or a specified number of) specific
licenses, and not to grant any other specific authority (or a
specified number of authorities), to export any goods or
technology to such government or to the agency or
instrumentality of such government determined by the
President to be responsible for such unresolved case or
pattern of noncooperation, as applicable, under--
(A) the Export Administration Act of 1979 (as continued in
effect under the International Emergency Economic Powers
Act);
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior review and
approval of the United States Government as a condition for
the export or re-export of goods or services.
(b) Commensurate Action.--Except as provided in subsection
(c), the President may substitute any other action authorized
by law for any action described in subsection (a) if such
action is commensurate in effect to the action substituted
and if such action would further the purposes of this Act as
specified in section 2(c). The President shall seek to take
all appropriate and feasible actions authorized by law to
resolve the unresolved case or to obtain the cessation of
such pattern of noncooperation, as applicable. If
commensurate action is taken under this subsection, the
President shall transmit to the appropriate congressional
committees a report on such action, together with an
explanation for taking such action.
(c) Exceptions.--
(1) Humanitarian exception.--Any action taken pursuant to
subsection (a) or (b) may not prohibit or restrict the
provision of medicine, medical equipment or supplies, food,
or other life-saving humanitarian assistance.
(2) Defense and national security exception.--The President
shall not be required to apply or maintain any action under
section 205--
(A) in the case of procurement of defense articles or
defense services--
(i) under existing contracts or subcontracts, including the
exercise of options for production quantities, to satisfy
requirements essential to the national security of the United
States;
(ii) if the President determines in writing and transmits
to the appropriate congressional committees a report that the
government or the agency or instrumentality of such
government to which such action would otherwise be applied is
a sole source supplier of such defense articles or services,
that such defense articles or services are essential, and
that alternative sources are not readily or reasonably
available; or
(iii) if the President determines in writing and transmits
to the appropriate congressional committees a report that
such defense articles or services are essential to the
national security of the United States under defense co-
production agreements; or
(B) to products or services provided under contracts
entered into before the date on which the President publishes
in the Federal Register notice of such action in accordance
with section 208.
SEC. 206. PRESIDENTIAL WAIVER.
(a) In General.--Subject to subsection (b), the President
may waive the application of any of the actions described in
paragraphs (10) through (13) of section 205(a) (or
commensurate action as provided in section 205(b)) with
respect to a country, if the President determines and so
reports to the appropriate congressional committees that--
(1) the government of such country has satisfactorily
resolved any abduction case giving rise to the application of
any of such actions and--
(A) if such country is a Convention country, such country
has taken measures to ensure future compliance with the
provisions of the Hague Abduction Convention;
(B) if such country is an MOU country, such country has
taken measures to ensure future compliance with the
provisions of the MOU at issue; or
(C) if such country was a nonparty country at the time the
abductions or denials of rights of access resulting in the
abduction cases or access cases occurred, such country has
become a Convention country or an MOU country;
(2) the exercise of such waiver authority would further the
purposes of this Act; or
(3) the important national interest of the United States
requires the exercise of such waiver authority.
(b) Congressional Notification.--Not later than the date of
the exercise of a waiver under subsection (a), the President
shall notify the appropriate congressional committees of such
waiver or the intention to exercise such waiver, together
with a detailed justification thereof.
SEC. 207. PUBLICATION IN FEDERAL REGISTER.
(a) In General.--Subject to subsection (b), the President
shall ensure publication in the Federal Register of the
following:
(1) Determinations of governments, agencies,
instrumentalities of countries with patterns of
noncooperation.--Any designation of a country that the
President has designated as a Country With a Pattern of
Noncooperation under section 202(b)(1)(A), together with,
when applicable and to the extent practicable, the identities
of agencies or instrumentalities determined to be responsible
for such pattern of noncooperation.
(2) Presidential actions.--A description of any action
under paragraphs (10) through (13) of section 205(a) (or
commensurate action as provided in section 205(b)) and the
effective date of such action.
(3) Delays in transmittal of presidential action reports.--
Any delay in transmittal of a report required under section
204.
(4) Waivers.--Any waiver issued under section 206.
(b) Limited Disclosure of Information.--The President may
limit publication of information under this section in the
same manner and to the same extent as the President may limit
the publication of findings and determinations described in
section 654(c) of the Foreign Assistance Act of 1961 (22
U.S.C. 2414(c)), if the President determines that the
publication of such information--
(1) would be harmful to the national security of the United
States; or
(2) would not further the purposes of this Act.
SEC. 208. TERMINATION OF PRESIDENTIAL ACTIONS.
Any action taken under this Act or any amendment made by
this Act with respect to a foreign country shall terminate on
the earlier of the following two dates:
(1) Not later than two years after the effective date of
such action unless expressly reauthorized by law.
(2) The date on which the President transmits to Congress a
certification containing a determination of the President
that the government of such country has resolved any
unresolved abduction case or has taken substantial and
verifiable steps to correct the pattern of noncooperation at
issue, as applicable, that gave rise to such action.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
[[Page H7647]]
California (Mr. Royce) and the gentleman from Illinois (Mr. Schneider)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that Members may have
5 legislative days in which to revise and extend their remarks and
include extraneous materials in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, every year more than 1,000 American families are
confronted with the nightmare of their child being abducted to a
foreign country by one parent in violation of legal custody and access
rights, beyond the reach of U.S. courts, beyond the court of law
enforcement. This illegal break in the tie between the child and the
left-behind American mother or father is a tragedy, and many of us
personally have constituents facing these wrenching separations in the
family.
More than 30 years ago, the Hague Convention on the Civil Aspects of
International Child Abduction was created to provide a simplified
mechanism for returning children to their countries of habitual
residence so that parental rights are determined by applicable laws
rather than by the act of abduction of that child.
Today, the United States has agreements with more than 75 Hague
partner countries, and that has helped to return many American children
safely home. But unfortunately, agreeing to the Hague Convention and
complying with it are not the same thing, and countries sometimes do
not abide by their obligations under the Hague Convention. In those
countries, there is a heightened risk that a child could be kept there
with impunity. American parents need to know about this situation; and
they need to know especially, before planning or permitting travel to
such destinations, that this, in fact, could happen.
This bill will strengthen the incentives and the tools that the
Department of State has to address these unresolved abduction cases. It
will also require the United States to identify and take action
concerning countries that demonstrate a pattern of noncompliance with
the obligations to return American children; and its enhanced annual
reporting will provide American parents and judges with a clearer
picture of actual Hague compliance and the risks of nonreturn
associated with travel to certain countries.
I want to thank the gentleman from New Jersey (Mr. Smith) for his
tireless work on behalf of left-behind American parents over the last
several years. His efforts have kept hope alive for hundreds of other
American parents who only want to be reunited with their children.
Mr. Speaker, I reserve the balance of my time.
Mr. SCHNEIDER. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of H.R. 3212, the Sean and David Goldman
International Child Abduction Prevention and Return Act. I would like
to begin by thanking my colleague on the Foreign Affairs Committee, the
gentleman from New Jersey (Mr. Smith), for his dedicated and tireless
efforts on this critical issue, making a difference for families.
There are few crimes more heart-wrenching than child abduction. As a
parent myself, I can't imagine the anguish a mother or father goes
through when their child is abducted by their partner and taken to
another country. These left-behind parents currently have little
leverage to have their children returned home. They are often at the
mercy of foreign courts with different cultural conceptions of custody
and what is or is not in the child's best interest.
Unfortunately, there is an increasing number of international
parental child abductions. The State Department reported that in 2012
there were 1,144 children abducted from a parent in the United States
and taken abroad.
{time} 1300
The most effective tool the United States has to help return abducted
children is the 1980 Hague Convention on the Civil Aspects of
International Child Abduction. This treaty creates a global standard
and requires signatories to return abducted children to the country of
the child's habitual residence for a custody hearing.
Regrettably, there are significant gaps in the Hague treaty
framework. The treaty has no enforcement mechanism, and 40 percent of
abducted children are taken to non-Hague-compliant countries. This
leaves far too many parents with no viable options. The purpose of this
legislation before us today is to fill those gaps--providing pained
parents with the appropriate tools to bring their children home.
Specifically, H.R. 3212 encourages the State Department to enter into
MOUs with countries to bring them in line with accepted standards and
return these children home. In addition, this bill gives the President
the power to sanction countries that demonstrate persistent failure in
returning abducted children. The legislation will also help us monitor
progress in achieving greater compliance worldwide with the Hague
standards by requiring reports on child abduction cases and on U.S.
Government efforts to encourage their compliance.
Sadly, international parental child abduction is an underreported and
often overlooked crime which dramatically and traumatically impacts the
lives of the children and the parents involved. We need to send a
message to the world that we take Hague compliance in returning
abducted children back to the United States seriously. This bill
represents an important step forward in empowering the President and
the State Department to enforce the Hague Convention and to bring more
countries in line with its standards.
Mr. Speaker, I encourage all of my colleagues to support this
important legislation, and I reserve the balance of my time
Mr. ROYCE. Mr. Speaker, I yield such time as he may consume to the
gentleman from New Jersey (Mr. Smith), the chairman of the Foreign
Affairs Subcommittee on Africa, Global Health, Global Human Rights, and
International Organizations.
Mr. SMITH of New Jersey. Thank you, Chairman Royce, for your total
support of this legislation and the initiative behind it. You have been
a great friend of all of the left-behind parents and abducted children.
I want to thank you very sincerely, and I also thank Eliot Engel, our
ranking member.
At a time when there are very few bipartisan initiatives, you, as
leader of our committee, have ensured that the committee is a
bipartisan committee where we work on a global basis for all people on
human rights and humanitarian issues. It really has made a difference.
Thank you for your support in getting this legislation here today. I
appreciate that very much.
Mr. Speaker, David Goldman spent over 5 agonizing years trying to
legally rescue his son, Sean, from an abduction to Brazil, which is a
signatory nation, like the United States, to the Hague Abduction
Convention.
Despite Mr. Goldman's airtight case that demonstrated an egregious
example of both child abduction and wrongful retention, the Hague
treaty was unavailing, and the outcomes in the Brazilian courts largely
proved infuriating, infirm, and ineffective.
David Goldman had extraordinary legal counsel both in Brazil and in
the United States. Patricia Apy, his American attorney, is a world-
class expert in child abduction cases. He waged his case by the book
and won judgments in the New Jersey courts. Yet both Sean and David
were made to suffer emotional pain for over half a decade as one
delaying ploy after another was employed by the abducting parties. In
the end, Mr. Speaker, because of the father's abiding love for his son
and an indomitable will, the Goldmans today are united and happy.
But the Goldmans are an exception in an ever worsening injustice that
harms thousands of American children and many more kids worldwide. Most
cases of parental abduction and wrongful retention have a bad ending.
The child or children never return, and the left-behind parent often
never sees them again. Even if left-behind parents are allowed access,
the conditions are tightly supervised and of excruciatingly short
duration.
[[Page H7648]]
Over the years, I have had the privilege of meeting many absolutely
amazing, dedicated, yet heartbroken left-behind parents. Some of them
are here today in this Chamber, Mr. Speaker, up in the gallery, as they
wage an effort on behalf of their abducted children. Out of deep love
and a commitment to justice, they, too, like David Goldman, adamantly
refuse to quit.
Tragically, Mr. Speaker, their stories are often eerily the same. In
the beginning days and weeks post-abduction, they thought the Hague
treaty, their government, and the rule of law would ensure a swift,
just, and durable remedy. As the months and then years go by, however,
the journey of the left-behind parent is filled with unbearable pain.
The heartache they endure is severely compounded by the fact that child
abductions and wrongful retentions significantly harm children in many
ways, especially psychologically.
Mr. Speaker, more than 1,000 international child abductions are
reported to the State Department's Office of Children's Issues, also
known as Central Authority of the United States, each and every year.
That is just those that are reported. There are many that are not.
Between 2008 and 2012, 7,000 American children were abducted, according
to the Department of State.
According to the State Department as well, only about half of those
children abducted from the U.S. to countries with which this country
has reciprocal obligations under the Hague Convention are ever
returned. In other words, the other half are not. And when there is no
treaty obligation, less than 40 percent of abduction and access cases
are resolved. It is an awful record that Congress today can help
change.
The purpose of H.R. 3212, as amended, the Sean and David Goldman
International Child Abduction Prevention Act of 2013, is to protect
children from the harmful effects of abduction and wrongful retention
and to assist left-behind parents to not only have access to their
children, but to significantly enhance the prospects of resolution.
My biggest policy takeaway from working on the Goldman case, Mr.
Speaker, was the absence of incentives for nations to prioritize
resolving parental abduction cases and the complete lack of penalty for
callous governmental indifference or complicity.
The Goldman Act is based on two human rights laws: the Trafficking
Victims Protection Act, or TVPA, which I authored in 2000, and the
International Religious Freedom Act, or IRFA, which was authored by our
distinguished colleague, Frank Wolf.
The Goldman legislation seeks to hold countries to account by
meticulously monitoring their performance in adjudicating parental
child abduction and wrongful retention. After a vigorous analysis, if a
country at its administrative, judicial, or law enforcement
levels demonstrates what we call a pattern of noncooperation, that is
to say, persistent failure to fulfill its Hague Abduction Convention
responsibilities, or failure of a non-Hague nation to abide by a
memorandum of understanding with the United States, the President is
empowered to take any number of escalating Presidential actions against
that nation.
Again, patterned after both the TVPA and IRFA, the message to all
nations and all past, present, and future abductors is that the United
States is very serious about preventing or resolving child abduction
cases. In order to ensure that the administration has maximum
flexibility in advancing solutions, the President is given generous
waiver authorities.
The bill also encourages the Secretary of State to seek opportunities
to enter into an MOU with non-Hague Convention countries--and,
obviously those that are not non-Hague can also become a part of it
even when they do become one--and to establish protocols to identify,
locate, and effectuate the return of an abducted child as well as
access issues.
Finally, in order to ensure more robust accountability and the
potential of successful interventions, the bill significantly beefs up
reporting.
Finally, let me just say also, Mr. Speaker, the bill has been
endorsed by the National Center for Missing and Exploited Children. I
will include in the Record a letter from that very august organization
in support.
I have a letter from Robert Wallace, the executive director of the
VFW, who has also endorsed the bill and made it very clear their
concern, which is reflected in the text of the bill, about our
servicemembers deployed abroad who find themselves in the unbelievably
horrific position of having a child abducted while they are deployed
and then not only not having access to but certainly not getting their
children back.
And there are a number of cases. I have had four hearings so far
where they have testified. In the case of Commander Toland, who was
stationed in Japan, his daughter was abducted by his now-deceased wife,
and he has not had access to his daughter in a decade, Mr. Speaker. She
is now 11, and he has desperately, through the rule of law and by using
the process, tried to have access to and to reclaim his precious
daughter as the only surviving parent.
He is like so many others. Both children of Michael Elias, a combat-
injured Iraqi war veteran, were abducted. He cannot even have access to
them. I actually traveled to Japan, Mr. Speaker, with the grandparents.
We could not even get to see those two wonderful children. That has got
to change.
This legislation seeks to use the civil aspects of the Hague
Convention to empower that treaty, which is very well-intentioned but
lacks enforcement capability. This legislation gives the President the
tool. It adds to those tools in the toolbox to make return and access a
reality rather than a dream and a hope.
Veterans of Foreign Wars,
of the United States,
December 11, 2013.
Hon. Chris Smith,
Chairman, Subcommittee on Africa, Global Health, Global Human
Rights, and International Organizations, House Foreign
Affairs Committee, Ford House Office Building,
Washington, DC.
Dear Chairman Smith: I am writing today to express the
strong support of The Veterans of Foreign Wars of the United
States (VFW) for H.R. 3212, the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2013 (Goldman Act), as it is sorely needed to protect members
of the armed services from the tragedy of international
parental child abduction.
As you know, members of the armed services, by virtue of
their deployments abroad, are particularly vulnerable to
having their children abducted off base and into the
jurisdiction of a foreign country, or in the case of marriage
to foreign spouses, the flight of that spouse with the child
to the country of origin. In both cases, our service members'
pleas for help are too often met with bad legal advice,
misinformation, or indifference. They are told that the
abduction is a simple custody case, and that they should
litigate in the foreign court system. The result is financial
and emotional disaster for our soldiers and their children.
In most cases, they are never reunited with the children.
Japan, in particular, has been a ``black hole'' for the
abduction of our service members' children--and yet the
United States still has not covered abduction in the Status
of Forces Agreement with Japan, or any other country.
It is time for the U.S. government to take concrete action
to protect our service members from the dangers of
international parental child abduction. The Goldman Act would
require the President to take one or more specified actions,
or a commensurate action, in response to a failure to resolve
a child abduction case or a ``pattern of noncooperation.'' It
would authorize the Secretary of State to enter into a
Memorandum of Understanding where no legal framework exists
for the return of abducted children. It would also strengthen
reporting requirements on abductions, so that the DOD can
make better decisions about how to educate and protect our
service members from the dangers of international parental
child abduction.
Thank you again for your work on this much needed bill. The
Veterans of Foreign Wars offers our full I support, and we
look forward to working with you on this issue.
Sincerely,
Robert E. Wallace,
Executive Director, VFW Washington Office.
____
National Center for Missing & Exploited Children; Charles
B. Wang International Children's Building,
Alexandria, VA, October 10, 2013.
Hon. Christopher H. Smith,
Chairman, Subcommittee on Africa, Global Health, Global Human
Rights and International Organizations, Committee on
Foreign Affairs, House of Representatives, Washington,
DC.
Dear Chairman Smith: On behalf of the National Center for
Missing & Exploited Children, and the searching parents we
serve, I commend you for introducing H.R. 3212, the Sean and
David Goldman International Child Abduction Prevention and
Return Act of 2013. This legislation is a critical step
toward addressing the problem of U.S. children taken to and
kept in foreign countries in violation of parental rights.
As you know, NCMEC is the nation's congressionally-
designated resource center on
[[Page H7649]]
missing and exploited children. We have a unit within our
Missing Children Division dedicated to international child
abductions. From 1995 through 2008, per a cooperative
agreement with the Departments of State and Justice, NCMEC
handled cases in which a child was wrongfully brought into
the United States and subject to the Hague Convention. While
NCMEC no longer serves this role, we continue to provide
legal technical assistance to attorneys and judges handling
international child abduction cases as well as technical
assistance and resources to parents, law enforcement and
professionals involved in these matters. We are currently
working cases involving more than 1,300 children believed to
have been removed from the United States to a foreign country
by a parent or family member.
Child abduction by a parent is a crime under both federal
and state law. These children suffer extreme emotional abuse,
including lack of identity and grief over the loss of a
parent. Often the abductor gives the child a false
explanation for the abduction, indicates that the left-
behind-parent no longer wants the child, or worse. Abductors
who move the child between cities, or between countries,
amplify the child's lost sense of security and stability as
well as making it difficult for law enforcement and the
searching parent to locate and recover the child.
It is of the utmost importance that we hold all signatory
countries to the standards and obligations of the Hague
Convention. In addition, we must continue to encourage
countries that have not yet done so to ratify the Convention.
We must engage with countries to urge the adoption of
policies consistent with those outlined in the Convention.
And the U.S. must act as a role model by promptly returning
children abducted into the U.S. This will foster good
relationships with countries who will reciprocate with the
return of American children.
This significant piece of legislation will strengthen our
ability to bring our children home to their searching
parents. Thank you, Chairman, for your unwavering commitment
to America's children.
Sincerely,
John D. Ryan,
Chief Executive Officer.
Mr. SCHNEIDER. Mr. Speaker, I yield such time as he may consume to
the gentleman from Massachusetts (Mr. Kennedy), my friend and colleague
and a member of the Foreign Affairs Committee.
Mr. KENNEDY. I want to thank my colleague from Illinois (Mr.
Schneider) for his important work and leadership on this issue.
Mr. Speaker, I rise today in support of H.R. 3212. I want to thank
and recognize my colleagues on the Foreign Affairs Committee, the
chairman of the subcommittee, Chris Smith, and the chairman of the full
committee, Mr. Royce, for their important leadership and hard work on
this bill.
Mr. Speaker, as a cosponsor of this bill, I speak on behalf of all
left-behind parents and, in particular, on behalf of a constituent of
mine from Newton, Massachusetts, Colin Bower. Colin was granted full
custody of his children, Noor and Ramsey, in 2008. In 2009, the boys'
mother unexpectedly took them out of school, boarded a plane, fled to
Egypt, and has never since returned. Through all that time, she has
refused to return the children.
It has been nearly 2 years since Colin has seen or spoken with his
sons. Despite the custody ruling of a U.S. court and a subsequent
Egyptian court order granting him the right to visit with his children,
Colin has been denied the opportunity to see his children time and time
again.
I just got off the phone with Colin a few moments ago. He recapped
the details of his ordeal yet again to me, but I guess, in the words
that he said most poignantly: No parent should ever have to go through
this.
Between the years of 2008 and 2012, Mr. Speaker, parents reported
more than 4,800 cases of abduction involving more than 7,000 children,
according to the State Department. Currently, 89 countries are party to
a Hague treaty that provides a legal framework for children who are
victims of international abduction.
This bill would require the Secretary of State to enter into a
memorandum of understanding with those countries that have not signed
the Hague agreement, creating a mechanism where none exists to bring
children home safely. Additionally, it would provide better reporting
to parents and to Congress.
No parent should have to suffer the unbelievable heartbreak that
Colin has experienced over the past 5 years. No child should be torn
away from a safe home and loving family because their country didn't
have the proper protections in place to protect them.
We can do more to ensure that these children find a way home. I ask
my colleagues to support this bill.
Mr. ROYCE. Mr. Speaker, I yield 2 minutes to the gentlelady from
Florida (Ms. Ros-Lehtinen), chairman emeritus of the Committee on
Foreign Affairs.
{time} 1315
Ms. ROS-LEHTINEN. I thank the chairman for the time.
Mr. Speaker, I rise in strong support of the Sean and David Goldman
International Child Abduction Prevention and Return Act, authored by my
good friend and colleague, Mr. Chris Smith of New Jersey.
Mr. Smith has been a stalwart supporter of the rights of children and
for the left-behind parents, who all too often feel as though they have
been abandoned by their government and have no place to turn.
According to our State Department, hundreds of parental transnational
child abduction cases occur each year. In most of the cases, the left-
behind parents here in the United States face a tremendous uphill
battle with the foreign country's government to return their child. To
make matters worse, they have no recourse, no legal basis to turn to,
that would compel that foreign government to cooperate with them and
return their abducted child to the United States. The effects that this
has on both the child and the parents are significant and, in many
cases, have unshakable, lifelong consequences.
Mr. Smith's bill gives hope where there previously was none. It
represents a new approach to resolving this issue by giving our
government and the President the avenues needed to press the countries
that are found to be habitually noncooperative and noncompliant to work
with the United States in order to resolve these cases. For some
countries that refuse to cooperate, it is clear that words are not
enough--they must be convinced by action to do the right thing--and
this bill sends that very message, which is that the United States will
not rest until we bring every wrongfully abducted American child home.
Too many parents have been separated from their children for far too
long and with little to no recourse, and we must change that now, Mr.
Speaker. I would like to urge that we also not overlook that, in many
instances, a parent will flee with his child or children
internationally in order to escape domestic violence.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. ROYCE. I yield the gentlelady an additional 30 seconds.
Ms. ROS-LEHTINEN. Thank you, Mr. Chairman.
Mr. Speaker, too often, current U.S. law addressing international
child abduction actually facilitates domestic violence and child abuse
by forcing the return of a child despite a recognized risk to the child
or parent.
It is my sincere hope that, with Mr. Smith's bill and my bill and
with the further corrective measures to international child abduction
laws that I plan to soon introduce that can help strengthen this
measure, we will be able to resolve these issues so that the interests
of all involved can be addressed and so that the children's rights can
be protected.
Mr. SCHNEIDER. Mr. Speaker, having no further requests for time, I
yield back the balance of my time.
Mr. ROYCE. Mr. Speaker, in closing, let me note again that the
tragedy of international abduction affects thousands of children every
year here in the United States.
When the Committee on Foreign Affairs considered this bill back on
October 10, we heard from multiple members whose constituents were
dealing with the nightmare of being illegally separated from their
children, and our human rights subcommittee heard directly from several
left-behind American parents in a May 9 hearing. H.R. 3212, by Mr.
Smith, is a measured response to this pressing problem.
I want to again thank the gentleman from New Jersey for the vision
and for the perseverance, frankly, reflected in his bill.
I yield back the balance of my time.
Mr. HOLT. Mr. Speaker, I rise in support of this legislation.
For many years, David Goldman was my constituent, so I am intimately
familiar with both the case and the incredible pain and heartbreak
David endured after the kidnapping of his son, Sean, by David's
estranged, Brazilian-born wife who illegally took Sean back to
[[Page H7650]]
Brazil. I will not recount now all of the details of the five-year long
ordeal David endured to secure the return of his son. What I will say
is that my experience in helping him bring Sean home helped me
understand that the issue of parental child abduction needs greater
attention from our government.
In his efforts to get his son returned to him, Mr. Goldman at least
benefited from the fact that both Brazil (where the boy was being held
illegally) and the United States are parties to the Hague Convention on
the Civil Aspects of International Child Abduction. The Hague
Convention creates an international legal framework for resolving such
parental kidnappings. The treaty is anything but perfect; it lacks any
genuine enforcement mechanism, which means that many of these cases
drag on for years, just as the Goldman case did. However, the situation
is far worse for parents whose spouse kidnaps their child and returns
to their country of origin when that country is not a party to the
Hague Convention. In those cases, the remaining parent has virtually no
recourse to secure the return of their abducted child. The bill before
us seeks to change that situation.
I especially support the language in the bill that directs the
Secretary of State to engage in negotiations with non-Hague signatory
nations where large numbers of American children remain illegally held
by the offending parent to secure their release. Seeking the creation
of a bilateral memorandum of understanding to help resolve these cases
is an important interim step on the road to a larger, more enduring
solution. I do have concerns about the language in this bill requiring
the President to impose an escalating series of sanctions against
nations who refuse to address parental kidnappings of American
children. In my view, the language as written could potentially
interfere with the President's ability to conduct effective diplomacy
on this issue. However, once this bill reaches the Senate I am sure
there will be opportunities to amend it in such a fashion that it will
be able to accomplish the intended goal (the return of abducted
children) without permanently damaging diplomatic relations with other
nations.
One thing is clear: existing American parental child abduction cases
are not being resolved expeditiously, and I agree with those who argue
that the United States needs to send a clear message that the status
quo on this issue cannot stand. Accordingly I urge my colleagues to
join me in supporting this bill.
Mr. PASCRELL. Mr. Speaker, I rise today to express my strong support
for H.R. 3212--the Sean and David Goldman International Child Abduction
Prevention and Return Act of 2013, which would help prevent additional
child abductions to foreign countries in the future.
Recently, I was able to meet with a constituent of mine--Michael
Elias. Michael has worked in the Bergen County Sheriffs Department and
honorably served our country in the Iraq War. Upon his return from his
service to our country, Michael and his wife, a citizen of Japan,
agreed to separate.
In 2008, a Bergen County judge ordered joint custody of their two
children--Jade and Michael, Jr. The judge also ordered that the
children's passports be surrendered and they were. After a few months,
on a day like any other, Michael was expecting his ex-wife to drop off
Jade and Michael, Jr. to his house after spending the day with her.
They never showed up. Somehow, his ex-wife was able to obtain new
passports for Jade and Michael, Jr. and had fled to Japan, which is not
a party to the Hague Convention on Abduction.
Despite Michael's years of inquiries and toil, The Government of
Japan has produced no answers on how his ex-wife was able to obtain the
new visas for Jade and Michael, Jr. And nearly five years later,
Michael has not been able see his own children.
This bill will help countless families across the country that face
the same heartbreaking situation that Michael Elias is still dealing
with today. Our State Department must be on the frontlines for people
like Michael, who have literally put their life on the line for this
country. H.R. 1951 will empower the State Department to advocate for
the victims of these tragic abductions.
And that is why I urge my colleagues to join me in passing H.R. 3212,
for people like Michael Elias and the countless families that have been
wrongfully torn apart.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 3212, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROYCE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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