[Congressional Record Volume 160, Number 111 (Wednesday, July 16, 2014)]
[Senate]
[Pages S4563-S4567]
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 2014
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 450, H.R. 3212.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A 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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations, with
an amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sean and
David Goldman International Child Abduction Prevention and
Return Act of 2014''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings; sense of Congress; purposes.
Sec. 3. Definitions.
TITLE I--DEPARTMENT OF STATE ACTIONS
Sec. 101. Annual report.
Sec. 102. Standards and assistance.
Sec. 103. Bilateral procedures, including memoranda of understanding.
Sec. 104. Report to congressional representatives.
TITLE II--ACTIONS BY THE SECRETARY OF STATE
Sec. 201. Response to international child abductions.
Sec. 202. Actions by the Secretary of State in response to patterns of
noncompliance in cases of international child abductions.
Sec. 203. Consultations with foreign governments.
Sec. 204. Waiver by the Secretary of State.
Sec. 205. Termination of actions by the Secretary of State.
TITLE III--PREVENTION OF INTERNATIONAL CHILD ABDUCTION
Sec. 301. Preventing children from leaving the United States in
violation of a court order.
Sec. 302. Authorization for judicial training on international parental
child abduction.
SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Sean Goldman, a United States citizen and resident of
New Jersey, was abducted from the United States in 2004 and
separated from his father, David Goldman, who spent nearly 6
years battling for the return of his son from Brazil before
Sean was finally returned to Mr. Goldman's custody on
December 24, 2009.
(2) The Department of State's Office of Children's Issues,
which serves as the Central Authority of the United States
for the purposes of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction (referred to in this
Act as the ``Hague Abduction Convention''), has received
thousands of requests since 2007 for assistance in the return
to the United States of children who have been wrongfully
abducted by a parent or other legal guardian to another
country.
(3) For a variety of reasons reflecting the significant
obstacles to the recovery of abducted children, as well as
the legal and factual complexity involving such cases, not
all cases are reported to the Central Authority of the United
States.
(4) More than 1,000 outgoing international child abductions
are reported every year to the Central Authority of the
United States, which depends solely on proactive reporting of
abduction cases.
(5) Only about one-half of the children abducted from the
United States to countries with which the United States
enjoys reciprocal obligations under the Hague Abduction
Convention are returned to the United States.
(6) The United States and other Convention countries have
expressed their desire, through the Hague Abduction
Convention, ``to protect children internationally from the
harmful effects of their wrongful removal or retention and to
establish procedures to ensure their prompt return to the
State of their habitual residence, as well as to secure
protection for rights of access.''
(7) Compliance by the United States and other Convention
countries depends on the actions of their designated central
authorities, the performance of their judicial systems as
reflected in the legal process and decisions rendered to
enforce or effectuate the Hague Abduction Convention, and the
ability and willingness of their
[[Page S4564]]
law enforcement authorities to ensure the swift enforcement
of orders rendered pursuant to the Hague Abduction
Convention.
(8) According to data from the Department of State,
approximately 40 percent of abduction cases involve children
taken from the United States to countries with which the
United States does not have reciprocal obligations under the
Hague Abduction Convention or other arrangements relating to
the resolution of abduction cases.
(9) According to the Department of State's April 2010
Report on Compliance with the Hague Convention on the Civil
Aspects of International Child Abduction, ``parental child
abduction jeopardizes the child and has substantial long-term
consequences for both the child and the left-behind parent.''
(10) Few left-behind parents have the extraordinary
financial resources necessary--
(A) to pursue individual civil or criminal remedies in both
the United States and a foreign country, even if such
remedies are available; or
(B) to engage in repeated foreign travel to attempt to
obtain the return of their children through diplomatic or
other channels.
(11) Military parents often face additional complications
in resolving abduction cases because of the challenges
presented by their military obligations.
(12) In addition to using the Hague Abduction Convention to
achieve the return of abducted children, the United States
has an array of Federal, State, and local law enforcement,
criminal justice, and judicial tools at its disposal to
prevent international abductions.
(13) Federal agencies tasked with preventing international
abductions have indicated that the most effective way to stop
international child abductions is while they are in progress,
rather than after the child has been removed to a foreign
destination.
(14) Parental awareness of abductions in progress, rapid
response by relevant law enforcement, and effective
coordination among Federal, State, local, and international
stakeholders are critical in preventing such abductions.
(15) A more robust application of domestic tools, in
cooperation with international law enforcement entities and
appropriate application of the Hague Abduction Convention
could--
(A) discourage some parents from attempting abductions;
(B) block attempted abductions at ports of exit; and
(C) help achieve the return of more abducted children.
(b) Sense of Congress.--It is the sense of Congress that
the United States should set a strong example for other
Convention countries in the timely location and prompt
resolution of cases involving children abducted abroad and
brought to the United States.
(c) Purposes.--The purposes of this Act are--
(1) to protect children whose habitual residence is the
United States from wrongful abduction;
(2) to assist left-behind parents in quickly resolving
cases and maintaining safe and predictable contact with their
child while an abduction case is pending;
(3) to protect the custodial rights of parents, including
military parents, by providing the parents, the judicial
system, and law enforcement authorities with the information
they need to prevent unlawful abduction before it occurs;
(4) to enhance the prompt resolution of abduction and
access cases;
(5) to detail an appropriate set of actions to be
undertaken by the Secretary of State to address persistent
problems in the resolution of abduction cases;
(6) to establish a program to prevent wrongful abductions;
and
(7) to increase interagency coordination in preventing
international child abduction by convening a working group
composed of presidentially appointed and Senate confirmed
officials from the Department of State, the Department of
Homeland Security, and the Department of Justice.
SEC. 3. DEFINITIONS.
In this Act:
(1) Abducted child.--The term ``abducted child'' means a
child who is the victim of international child abduction.
(2) Abduction.--The term ``abduction'' means the alleged
wrongful removal of a child from the child's country of
habitual residence, or the wrongful retention of a child
outside such country, in violation of a left-behind parent's
custodial rights, including the rights of a military parent.
(3) Abduction case.--The term ``abduction case'' means a
case that--
(A) has been reported to the Central Authority of the
United States by a left-behind parent for the resolution of
an abduction; and
(B) meets the criteria for an international child abduction
under the Hague Abduction Convention, regardless of whether
the country at issue is a Convention country.
(4) Access case.--The term ``access case'' means a case
involving an application filed with the Central Authority of
the United States by a parent seeking rights of access.
(5) Annual report.--The term ``Annual Report'' means the
Annual Report on International Child Abduction required under
section 101.
(6) Application.--The term ``application'' means--
(A) in the case of a Convention country, the application
required pursuant to article 8 of the Hague Abduction
Convention;
(B) in the case of a bilateral procedures country, the
formal document required, pursuant to the provisions of the
applicable arrangement, to request the return of an abducted
child or to request rights of access, as applicable; and
(C) in the case of a non-Convention country, the formal
request by the Central Authority of the United States to the
Central Authority of such country requesting the return of an
abducted child or for rights of contact with an abducted
child.
(7) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(8) Bilateral procedures.--The term ``bilateral
procedures'' means any procedures established by, or pursuant
to, a bilateral arrangement, including a Memorandum of
Understanding between the United States and another country,
to resolve abduction and access cases, including procedures
to address interim contact matters.
(9) Bilateral procedures country.--The term ``bilateral
procedures country'' means a country with which the United
States has entered into bilateral procedures, including
Memoranda of Understanding, with respect to child abductions.
(10) Central authority.--The term ``Central Authority''
means--
(A) in the case of a Convention country, the meaning given
such term in article 6 of the Hague Abduction Convention;
(B) in the case of a bilateral procedures country, the
official entity designated by the government of the bilateral
procedures country within the applicable memorandum of
understanding pursuant to section 103(b)(1) to discharge the
duties imposed on the entity; and
(C) in the case of a non-Convention country, the foreign
ministry or other appropriate authority of such country.
(11) Child.--The term ``child'' means an individual who has
not attained 16 years of age.
(12) Convention country.--The term ``Convention country''
means a country for which the Hague Abduction Convention has
entered into force with respect to the United States.
(13) Hague abduction convention.--The term ``Hague
Abduction Convention'' means the Convention on the Civil
Aspects of International Child Abduction, done at The Hague
October 25, 1980.
(14) Interim contact.--The term ``interim contact'' means
the ability of a left-behind parent to communicate with or
visit an abducted child during the pendency of an abduction
case.
(15) Left-behind parent.--The term ``left-behind parent''
means an individual or legal custodian who alleges that an
abduction has occurred that is in breach of rights of custody
attributed to such individual.
(16) Non-convention country.--The term ``non-Convention
country'' means a country in which the Hague Abduction
Convention has not entered into force with respect to the
United States.
(17) Overseas military dependent child.--The term
``overseas military dependent child'' means a child whose
habitual residence is the United States according to United
States law even though the child is residing outside the
United States with a military parent.
(18) Overseas military parent.--The term ``overseas
military parent'' means an individual who--
(A) has custodial rights with respect to a child; and
(B) is serving outside the United States as a member of the
United States Armed Forces.
(19) Pattern of noncompliance.--
(A) In general.--The term ``pattern of noncompliance''
means the persistent failure--
(i) of a Convention country to implement and abide by
provisions of the Hague Abduction Convention;
(ii) of a non-Convention country to abide by bilateral
procedures that have been established between the United
States and such country; or
(iii) of a non-Convention country to work with the Central
Authority of the United States to resolve abduction cases.
(B) Persistent failure.--Persistent failure under
subparagraph (A) may be evidenced in a given country by the
presence of 1 or more of the following criteria:
(i) Thirty percent or more of the total abduction cases in
such country are unresolved abduction cases.
(ii) The Central Authority regularly fails to fulfill its
responsibilities pursuant to--
(I) the Hague Abduction Convention; or
(II) any bilateral procedures between the United States and
such country.
(iii) The judicial or administrative branch, as applicable,
of the national government of a Convention country or a
bilateral procedures country fails to regularly implement and
comply with the provisions of the Hague Abduction Convention
or bilateral procedures, as applicable.
(iv) Law enforcement authorities regularly fail to enforce
return orders or determinations of rights of access rendered
by the judicial or administrative authorities of the
government of the country in abduction cases.
(20) Rights of access.--The term ``rights of access'' means
the establishment of rights of contact between a child and a
parent seeking access in Convention countries--
(A) by operation of law;
(B) through a judicial or administrative determination; or
(C) through a legally enforceable arrangement between the
parties.
(21) Rights of custody.--The term ``rights of custody''
means rights of care and custody of a child, including the
right to determine the place of residence of a child, under
the laws of the country in which the child is a habitual
resident--
(A) attributed to an individual or legal custodian; and
(B) arising--
(i) by operation of law; or
(ii) through a judicial or administrative decision; or
[[Page S4565]]
(iii) through a legally enforceable arrangement between the
parties.
(22) Rights of interim contact.--The term ``rights of
interim contact'' means the rights of contact between a child
and a left-behind parent, which has been provided as a
provisional measure while an abduction case is pending, under
the laws of the country in which the child is located--
(A) by operation of law; or
(B) through a judicial or administrative determination; or
(C) through a legally enforceable arrangement between the
parties.
(23) Unresolved abduction case.--
(A) In general.--Subject to subparagraph (B), the term
``unresolved abduction case'' means an abduction case that
remains unresolved for a period that exceeds 12 months after
the date on which the completed application for return of the
child is submitted for determination to the judicial or
administrative authority, as applicable, in the country in
which the child is located.
(B) Resolution of case.--An abduction case shall be
considered to be resolved if--
(i) the child is returned to the country of habitual
residence, pursuant to the Hague Abduction Convention or
other appropriate bilateral procedures, if applicable;
(ii) the judicial or administrative branch, as applicable,
of the government of the country in which the child is
located has implemented, and is complying with, the
provisions of the Hague Abduction Convention or other
bilateral procedures, as applicable;
(iii) the left-behind parent reaches a voluntary
arrangement with the other parent;
(iv) the left-behind parent submits a written withdrawal of
the application or the request for assistance to the
Department of State;
(v) the left-behind parent cannot be located for 1 year
despite the documented efforts of the Department of State to
locate the parent; or
(vi) the child or left-behind parent is deceased.
TITLE I--DEPARTMENT OF STATE ACTIONS
SEC. 101. ANNUAL REPORT.
(a) In General.--Not later than April 30 of each year, the
Secretary of State shall submit to the appropriate
congressional committees an Annual Report on International
Child Abduction. The Secretary shall post the Annual Report
to the publicly accessible website of the Department of
State.
(b) Contents.--Each Annual Report shall include--
(1) a list of all countries in which there were 1 or more
abduction cases, during the preceding calendar year, relating
to a child whose habitual residence is the United States,
including a description of whether each such country--
(A) is a Convention country;
(B) is a bilateral procedures country;
(C) has other procedures for resolving such abductions; or
(D) adheres to no protocols with respect to child
abduction;
(2) for each country with respect to which there were 5 or
more pending abduction cases, during the preceding year,
relating to a child whose habitual residence is the United
States--
(A) the number of such new abduction and access cases
reported during the preceding year;
(B) for Convention and bilateral procedures countries--
(i) the number of abduction and access cases that the
Central Authority of the United States transmitted to the
Central Authority of such country; and
(ii) the number of abduction and access cases that were not
submitted by the Central Authority to the judicial or
administrative authority, as applicable, of such country;
(C) the reason for the delay in submission of each case
identified in subparagraph (B)(ii) by the Central Authority
of such country to the judicial or administrative authority
of that country;
(D) the number of unresolved abduction and access cases,
and the length of time each case has been pending;
(E) the number and percentage of unresolved abduction cases
in which law enforcement authorities have--
(i) not located the abducted child;
(ii) failed to undertake serious efforts to locate the
abducted child; and
(iii) failed to enforce a return order rendered by the
judicial or administrative authorities of such country;
(F) the total number and the percentage of the total number
of abduction and access cases, respectively, resolved during
the preceding year;
(G) recommendations to improve the resolution of abduction
and access cases; and
(H) the average time it takes to locate a child;
(3) the number of abducted children whose habitual
residence is in the United States and who were returned to
the United States from--
(A) Convention countries;
(B) bilateral procedures countries;
(C) countries having other procedures for resolving such
abductions; or
(D) countries adhering to no protocols with respect to
child abduction;
(4) a list of Convention countries and bilateral procedures
countries that have failed to comply with any of their
obligations under the Hague Abduction Convention or bilateral
procedures, as applicable, with respect to the resolution of
abduction and access cases;
(5) a list of countries demonstrating a pattern of
noncompliance and a description of the criteria on which the
determination of a pattern of noncompliance for each country
is based;
(6) information on efforts by the Secretary of State to
encourage non-Convention countries--
(A) to ratify or accede to the Hague Abduction Convention;
(B) to enter into or implement other bilateral procedures,
including memoranda of understanding, with the United States;
and
(C) to address pending abduction and access cases;
(7) the number of cases resolved without abducted children
being returned to the United States from Convention
countries, bilateral procedures countries, or other non-
Convention countries;
(8) a list of countries that became Convention countries
with respect to the United States during the preceding year;
and
(9) information about efforts to seek resolution of
abduction cases of children whose habitual residence is in
the United States and whose abduction occurred before the
Hague Abduction Convention entered into force with respect to
the United States.
(c) Exceptions.--Unless a left-behind parent provides
written permission to the Central Authority of the United
States to include personally identifiable information about
the parent or the child in the Annual Report, the Annual
Report may not include any personally identifiable
information about any such parent, child, or party to an
abduction or access case involving such parent or child.
(d) Additional Sections.--Each Annual Report shall also
include--
(1) information on the number of unresolved abduction cases
affecting military parents;
(2) a description of the assistance offered to such
military parents;
(3) information on the use of airlines in abductions,
voluntary airline practices to prevent abductions, and
recommendations for best airline practices to prevent
abductions;
(4) information on actions taken by the Central Authority
of the United States to train domestic judges in the
application of the Hague Abduction Convention; and
(5) information on actions taken by the Central Authority
of the United States to train United States Armed Forces
legal assistance personnel, military chaplains, and military
family support center personnel about--
(A) abductions;
(B) the risk of loss of contact with children; and
(C) the legal means available to resolve such cases.
(e) Repeal of the Hague Abduction Convention Compliance
Report.--Section 2803 of the Foreign Affairs Reform and
Restructuring Act of 1998 (42 U.S.C. 11611) is repealed.
(f) Notification to Congress on Countries in
Noncompliance.--
(1) In general.--The Secretary of State shall include, in a
separate section of the Annual Report, the Secretary's
determination, pursuant to the provisions under section
202(b), of whether each country listed in the report has
engaged in a pattern of noncompliance in cases of child
abduction during the preceding 12 months.
(2) Contents.--The section described in paragraph (1)--
(A) shall identify any action or actions described in
section 202(d) (or commensurate action as provided in section
202(e)) that have been taken by the Secretary with respect to
each country;
(B) shall describe the basis for the Secretary's
determination of the pattern of noncompliance by each
country;
(C) shall indicate whether noneconomic policy options
designed to resolve the pattern of noncompliance have
reasonably been exhausted, including the consultations
required under section 203.
SEC. 102. STANDARDS AND ASSISTANCE.
The Secretary of State shall--
(1) ensure that United States diplomatic and consular
missions abroad--
(A) maintain a consistent reporting standard with respect
to abduction and access cases;
(B) designate at least 1 senior official in each such
mission, at the discretion of the Chief of Mission, to assist
left-behind parents from the United States who are visiting
such country or otherwise seeking to resolve abduction or
access cases; and
(C) monitor developments in abduction and access cases; and
(2) develop and implement written strategic plans for
engagement with any Convention or non-Convention country in
which there are 5 or more cases of international child
abduction.
SEC. 103. BILATERAL PROCEDURES, INCLUDING MEMORANDA OF
UNDERSTANDING.
(a) Development.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
initiate a process to develop and enter into appropriate
bilateral procedures, including memoranda of understanding,
as appropriate, with non-Convention countries that are
unlikely to become Convention countries in the foreseeable
future, or with Convention countries that have unresolved
abduction cases that occurred before the Hague Abduction
Convention entered into force with respect to the United
States or that country.
(2) Prioritization.--In carrying out paragraph (1), the
Secretary of State shall give priority to countries with
significant abduction cases and related issues.
(b) Elements.--The bilateral procedures described in
subsection (a) should include provisions relating to--
(1) the identification of--
(A) the Central Authority;
(B) the judicial or administrative authority that will
promptly adjudicate abduction and access cases;
(C) the law enforcement agencies; and
(D) the implementation of procedures to ensure the
immediate enforcement of an order issued by the authority
identified pursuant to subparagraph (B) to return an abducted
child to a left-behind parent, including by--
[[Page S4566]]
(i) conducting an investigation to ascertain the location
of the abducted child;
(ii) providing protection to the abducted child after such
child is located; and
(iii) retrieving the abducted child and making the
appropriate arrangements for such child to be returned to the
child's country of habitual residence;
(2) the implementation of a protocol to effectuate the
return of an abducted child identified in an abduction case
not later than 6 weeks after the application with respect to
the abduction case has been submitted to the judicial or
administrative authority, as applicable, of the country in
which the abducted child is located;
(3) the implementation of a protocol for the establishment
and protection of the rights of interim contact during
pendency of abduction cases; and
(4) the implementation of a protocol to establish periodic
visits between a United States embassy or consular official
and an abducted child, in order to allow the official to
ascertain the child's location and welfare.
SEC. 104. REPORT TO CONGRESSIONAL REPRESENTATIVES.
(a) Notification.--The Secretary of State shall submit
written notification to the Member of Congress and Senators,
or Resident Commissioner or Delegate, as appropriate,
representing the legal residence of a left-behind parent if
such parent--
(1) reports an abduction to the Central Authority of the
United States; and
(2) consents to such notification.
(b) Timing.--At the request of any person who is a left-
behind parent, including a left-behind parent who previously
reported an abduction to the Central Authority of the United
States before the date of the enactment of this Act, the
notification required under subsection (a) shall be provided
as soon as is practicable.
TITLE II--ACTIONS BY THE SECRETARY OF STATE
SEC. 201. RESPONSE TO INTERNATIONAL CHILD ABDUCTIONS.
(a) United States Policy.--It is the policy of the United
States--
(1) to promote the best interest of children wrongfully
abducted from the United States by--
(A) establishing legal rights and procedures for their
prompt return; and
(B) ensuring the enforcement of reciprocal international
obligations under the Hague Abduction Convention or
arrangements under bilateral procedures;
(2) to promote the timely resolution of abduction cases
through 1 or more of the actions described in section 202;
and
(3) to ensure appropriate coordination within the Federal
Government and between Federal, State, and local agencies
involved in abduction prevention, investigation, and
resolution.
(b) Actions by the Secretary of State in Response to
Unresolved Cases.--
(1) Determination of action by the secretary of state.--For
each abduction or access case relating to a child whose
habitual residence is in the United States that remains
pending or is otherwise unresolved on the date that is 12
months after the date on which the Central Authority of the
United States submits such case to a foreign country, the
Secretary of State shall determine whether the government of
such foreign country has failed to take appropriate steps to
resolve the case. If the Secretary of State determines that
such failure occurred, the Secretary should, as expeditiously
as practicable--
(A) take 1 or more of the actions described in subsections
(d) and (e) of section 202; and
(B) direct the Chief of Mission in that foreign country to
directly address the resolution of the case with senior
officials in the foreign government.
(2) Authority for delay of action by the secretary of
state.--The Secretary of State may delay any action described
in paragraph (1) if the Secretary determines that an
additional period of time, not to exceed 1 year, will
substantially assist in resolving the case.
(3) Report.--If the Secretary of State delays any action
pursuant to paragraph (2) or decides not to take an action
described in subsection (d) or (e) of section 202 after
making the determination described in paragraph (1), the
Secretary, not later than 15 days after such delay or
decision, shall provide a report to the appropriate
congressional committees that details the reasons for
delaying action or not taking action, as appropriate.
(4) Congressional briefings.--At the request of the
appropriate congressional committees, the Secretary of State
shall provide a detailed briefing, including a written
report, if requested, on actions taken to resolve a case or
the cause for delay.
(c) Implementation.--
(1) In general.--In carrying out subsection (b), the
Secretary of State should--
(A) take 1 or more actions that most appropriately respond
to the nature and severity of the governmental failure to
resolve the unresolved abduction case; and
(B) seek, to the fullest extent possible--
(i) to initially respond by communicating with the Central
Authority of the country; and
(ii) if clause (i) is unsuccessful, to target subsequent
actions--
(I) as narrowly as practicable, with respect to the
agencies or instrumentalities of the foreign government that
are responsible for such failures; and
(II) in ways that respect the separation of powers and
independence of the judiciary of the country, as applicable.
(2) Guidelines for actions by the secretary of state.--In
addition to the guidelines under paragraph (1), the Secretary
of State, in determining whether to take 1 or more actions
under paragraphs (5) through (7) of section 202(d) or section
202(e), shall seek to minimize any adverse impact on--
(A) the population of the country whose government is
targeted by the action or actions;
(B) the humanitarian activities of United States and
nongovernmental organizations in the country; and
(C) the national security interests of the United States.
SEC. 202. ACTIONS BY THE SECRETARY OF STATE IN RESPONSE TO
PATTERNS OF NONCOMPLIANCE IN CASES OF
INTERNATIONAL CHILD ABDUCTIONS.
(a) Response to a Pattern of Noncompliance.--It is the
policy of the United States--
(1) to oppose institutional or other systemic failures of
foreign governments to fulfill their obligations pursuant to
the Hague Abduction Convention or bilateral procedures, as
applicable, to resolve abduction and access cases;
(2) to promote reciprocity pursuant to, and in compliance
with, the Hague Abduction Convention or bilateral procedures,
as appropriate; and
(3) to directly engage with senior foreign government
officials to most effectively address patterns of
noncompliance.
(b) Determination of Countries With Patterns of
Noncompliance in Cases of International Child Abduction.--
(1) Annual review.--Not later than April 30 of each year,
the Secretary of State shall--
(A) review the status of abduction and access cases in each
foreign country in order to determine whether the government
of such country has engaged in a pattern of noncompliance
during the preceding 12 months; and
(B) report such determination pursuant to section 101(f).
(2) Determinations of responsible parties.--The Secretary
of State shall seek to determine the agencies or
instrumentalities of the government of each country
determined to have engaged in a pattern of noncompliance
under paragraph (1)(A) that are responsible for such pattern
of noncompliance--
(A) to appropriately target actions in response to such
noncompliance; and
(B) to engage with senior foreign government officials to
effectively address such noncompliance.
(c) Actions by the Secretary of State With Respect to a
Country With a Pattern of Noncompliance.--
(1) In general.--Not later than 90 days (or 180 days in
case of a delay under paragraph (2)) after a country is
determined to have been engaged in a pattern of noncompliance
under subsection (b)(1)(A), the Secretary of State shall--
(A) take 1 or more of the actions described in subsection
(d);
(B) direct the Chief of Mission in that country to directly
address the systemic problems that led to such determination;
and
(C) inform senior officials in the foreign government of
the potential repercussions related to such designation.
(2) Authority for delay of actions by the secretary of
state.--The Secretary shall not be required to take action
under paragraph (1) until the expiration of a single,
additional period of up to 90 days if, on or before the date
on which the Secretary of State is required to take such
action, the Secretary determines and certifies to the
appropriate congressional committees that such additional
period is necessary--
(A) for a continuation of negotiations that have been
commenced with the government of a country described in
paragraph (1) in order to bring about a cessation of the
pattern of noncompliance by such country;
(B) for a review of corrective action taken by a country
after the designation of such country as being engaged in a
pattern of noncompliance under subsection (b)(1)(A); or
(C) in anticipation that corrective action will be taken by
such country during such 90-day period.
(3) Exception for additional action by the secretary of
state.--The Secretary of State shall not be required to take
additional action under paragraph (1) with respect to a
country determined to have been engaged in a persistent
pattern of noncompliance if the Secretary--
(A) has taken action pursuant to paragraph (5), (6), or (7)
of subsection (d) with respect to such country in the
preceding year and such action continues to be in effect;
(B) exercises the waiver under section 204 and briefs the
appropriate congressional committees; or
(C) submits a report to the appropriate congressional
committees that--
(i) indicates that such country is subject to multiple,
broad-based sanctions; and
(ii) describes how such sanctions satisfy the requirements
under this subsection.
(4) Report to congress.--Not later than 90 days after the
submission of the Annual Report, the Secretary shall submit a
report to Congress on the specific actions taken against
countries determined to have been engaged in a pattern of
noncompliance under this section.
(d) Description of Actions by the Secretary of State in
Hague Abduction Convention Countries.--Except as provided in
subsection (f), the actions by the Secretary of State
referred to in this subsection are--
(1) a demarche;
(2) an official public statement detailing unresolved
cases;
(3) a public condemnation;
(4) a delay or cancellation of 1 or more bilateral working,
official, or state visits;
(5) the withdrawal, limitation, or suspension of United
States development assistance in accordance with section 116
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n);
(6) the withdrawal, limitation, or suspension of United
States security assistance in accordance with section 502B of
the Foreign Assistance Act of 1961 (22 U.S.C. 2304);
(7) the withdrawal, limitation, or suspension of assistance
to the central government of a
[[Page S4567]]
country pursuant to chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to
the Economic Support Fund); and
(8) a formal request to the foreign country concerned to
extradite an individual who is engaged in abduction and who
has been formally accused of, charged with, or convicted of
an extraditable offense.
(e) Commensurate Action.--
(1) In general.--Except as provided in subsection (f), the
Secretary of State may substitute any other action authorized
by law for any action described in subsection (d) if the
Secretary determines that such action--
(A) is commensurate in effect to the action substituted;
and
(B) would substantially further the purposes of this Act.
(2) Notification.--If commensurate action is taken pursuant
to this subsection, the Secretary shall submit a report to
the appropriate congressional committees that--
(A) describes such action;
(B) explains the reasons for taking such action; and
(C) specifically describes the basis for the Secretary's
determination under paragraph (1) that such action--
(i) is commensurate with the action substituted; and
(ii) substantially furthers the purposes of this Act.
(f) Resolution.--The Secretary of State shall seek to take
all appropriate actions authorized by law to resolve the
unresolved case or to obtain the cessation of such pattern of
noncompliance, as applicable.
(g) Humanitarian Exception.--Any action taken pursuant to
subsection (d) or (e) may not prohibit or restrict the
provision of medicine, medical equipment or supplies, food,
or other life-saving humanitarian assistance.
SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS.
As soon as practicable after the Secretary of State makes a
determination under section 201 in response to a failure to
resolve unresolved abduction cases or the Secretary takes an
action under subsection (d) or (e) of section 202, based on a
pattern of noncompliance, the Secretary shall request
consultations with the government of such country regarding
the situation giving rise to such determination.
SEC. 204. WAIVER BY THE SECRETARY OF STATE.
(a) In General.--Subject to subsection (b), the Secretary
of State may waive the application of any of the actions
described in subsections (d) and (e) of section 202 with
respect to a country if the Secretary determines and notifies
the appropriate congressional committees that--
(1) the government of such country--
(A) has satisfactorily resolved the abduction cases giving
rise to the application of any of such actions; or
(B) has ended such country's pattern of noncompliance; or
(2) the national security interest of the United States
requires the exercise of such waiver authority.
(b) Congressional Notification.--Not later than the date on
which the Secretary of State exercises the waiver authority
under subsection (a), the Secretary shall--
(1) notify the appropriate congressional committees of such
waiver; and
(2) provide such committees with a detailed justification
for such waiver, including an explanation of the steps the
noncompliant government has taken--
(A) to resolve abductions cases; or
(B) to end its pattern of noncompliance.
(c) Publication in Federal Register.--Subject to subsection
(d), the Secretary of State shall ensure that each waiver
determination under this section--
(1) is published in the Federal Register; or
(2) is posted on the Department of State website.
(d) Limited Disclosure of Information.--The Secretary of
State may limit the publication of information under
subsection (c) in the same manner and to the same extent as
the President may limit the publication of findings and
determinations described in section 654(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2414(c)), if the Secretary
determines that the publication of such information would be
harmful to the national security of the United States and
would not further the purposes of this Act.
SEC. 205. TERMINATION OF ACTIONS BY THE SECRETARY OF STATE.
Any specific action taken under this Act or any amendment
made by this Act with respect to a foreign country shall
terminate on the date on which the Secretary of State submits
a written certification to Congress that the government of
such country--
(1) has resolved any unresolved abduction case that gave
rise to such specific action; or
(2) has taken substantial and verifiable steps to correct
such country's persistent pattern of noncompliance that gave
rise to such specific action, as applicable.
TITLE III--PREVENTION OF INTERNATIONAL CHILD ABDUCTION
SEC. 301. PREVENTING CHILDREN FROM LEAVING THE UNITED STATES
IN VIOLATION OF A COURT ORDER.
(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by
adding at the end the following:
``SEC. 433. PREVENTION OF INTERNATIONAL CHILD ABDUCTION.
``(a) Program Established.--The Secretary, through the
Commissioner of U.S. Customs and Border Protection (referred
to in this section as `CBP'), in coordination with the
Secretary of State, the Attorney General, and the Director of
the Federal Bureau of Investigation, shall establish a
program that--
``(1) seeks to prevent a child (as defined in section
1204(b)(1) of title 18, United States Code) from departing
from the territory of the United States if a parent or legal
guardian of such child presents a court order from a court of
competent jurisdiction prohibiting the removal of such child
from the United States to a CBP Officer in sufficient time to
prevent such departure for the duration of such court order;
and
``(2) leverages other existing authorities and processes to
address the wrongful removal and return of a child.
``(b) Interagency Coordination.--
``(1) In general.--The Secretary of State shall convene and
chair an interagency working group to prevent international
parental child abduction. The group shall be composed of
presidentially appointed, Senate confirmed officials from--
``(A) the Department of State;
``(B) the Department of Homeland Security, including U.S.
Customs and Border Protection and U.S. Immigration and
Customs Enforcement; and
``(C) the Department of Justice, including the Federal
Bureau of Investigation.
``(2) Department of defense.--The Secretary of Defense
shall designate an official within the Department of
Defense--
``(A) to coordinate with the Department of State on
international child abduction issues; and
``(B) to oversee activities designed to prevent or resolve
international child abduction cases relating to active duty
military service members.''.
(b) Clerical Amendment.--The table of contents of the
Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended
by adding after the item relating to section 432 the
following:
``Sec. 433. Prevention of international child abduction.''.
SEC. 302. AUTHORIZATION FOR JUDICIAL TRAINING ON
INTERNATIONAL PARENTAL CHILD ABDUCTION.
(a) In General.--The Secretary of State, subject to the
availability of appropriations, shall seek to provide
training, directly or through another government agency or
nongovernmental organizations, on the effective handling of
parental abduction cases to the judicial and administrative
authorities in countries--
(1) in which a significant number of unresolved abduction
cases are pending; or
(2) that have been designated as having a pattern of
noncompliance under section 202(b).
(b) Strategy Requirement.--Not later than 180 days after
the date of the enactment of this Act, the President shall
submit a strategy to carry out the activities described in
subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Appropriations of the Senate; and
(4) the Committee on Appropriations of the House of
Representatives.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $1,000,000 for each of the fiscal
years 2015 and 2016 to carry out subsection (a).
(2) Use of funds.--Amounts appropriated for the activities
set forth in subsection (a) shall be used pursuant to the
authorization and requirements under this section.
Mr. REID. Mr. President, I ask unanimous consent that the committee-
reported substitute be agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
Mr. REID. Mr. President, I don't believe there is further debate on
this bill.
The PRESIDING OFFICER. If there is no further debate, the question is
on the engrossment of the committee amendment and third reading of the
bill.
The amendment was ordered to be engrossed, and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
The bill (H.R. 3212), as amended, was passed.
Mr. REID. Mr. President, I ask unanimous consent that the motion to
reconsider be considered made and laid upon the table, with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
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