[Congressional Record (Bound Edition), Volume 160 (2014), Part 9]
[Senate]
[Pages 12208-12213]
[From the U.S. 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 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

[[Page 12209]]

       (B) to engage in repeated foreign travel to attempt to 
     obtain the return of their children through diplomatic or 
     other channels.
       (11) Military parents often face additional complications 
     in resolving abduction cases because of the challenges 
     presented by their military obligations.
       (12) In addition to using the Hague Abduction Convention to 
     achieve the return of abducted children, the United States 
     has an array of Federal, State, and local law enforcement, 
     criminal justice, and judicial tools at its disposal to 
     prevent international abductions.
       (13) Federal agencies tasked with preventing international 
     abductions have indicated that the most effective way to stop 
     international child abductions is while they are in progress, 
     rather than after the child has been removed to a foreign 
     destination.
       (14) Parental awareness of abductions in progress, rapid 
     response by relevant law enforcement, and effective 
     coordination among Federal, State, local, and international 
     stakeholders are critical in preventing such abductions.
       (15) A more robust application of domestic tools, in 
     cooperation with international law enforcement entities and 
     appropriate application of the Hague Abduction Convention 
     could--
       (A) discourage some parents from attempting abductions;
       (B) block attempted abductions at ports of exit; and
       (C) help achieve the return of more abducted children.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should set a strong example for other 
     Convention countries in the timely location and prompt 
     resolution of cases involving children abducted abroad and 
     brought to the United States.
       (c) Purposes.--The purposes of this Act are--
       (1) to protect children whose habitual residence is the 
     United States from wrongful abduction;
       (2) to assist left-behind parents in quickly resolving 
     cases and maintaining safe and predictable contact with their 
     child while an abduction case is pending;
       (3) to protect the custodial rights of parents, including 
     military parents, by providing the parents, the judicial 
     system, and law enforcement authorities with the information 
     they need to prevent unlawful abduction before it occurs;
       (4) to enhance the prompt resolution of abduction and 
     access cases;
       (5) to detail an appropriate set of actions to be 
     undertaken by the Secretary of State to address persistent 
     problems in the resolution of abduction cases;
       (6) to establish a program to prevent wrongful abductions; 
     and
       (7) to increase interagency coordination in preventing 
     international child abduction by convening a working group 
     composed of presidentially appointed and Senate confirmed 
     officials from the Department of State, the Department of 
     Homeland Security, and the Department of Justice.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Abducted child.--The term ``abducted child'' means a 
     child who is the victim of international child abduction.
       (2) Abduction.--The term ``abduction'' means the alleged 
     wrongful removal of a child from the child's country of 
     habitual residence, or the wrongful retention of a child 
     outside such country, in violation of a left-behind parent's 
     custodial rights, including the rights of a military parent.
       (3) Abduction case.--The term ``abduction case'' means a 
     case that--
       (A) has been reported to the Central Authority of the 
     United States by a left-behind parent for the resolution of 
     an abduction; and
       (B) meets the criteria for an international child abduction 
     under the Hague Abduction Convention, regardless of whether 
     the country at issue is a Convention country.
       (4) Access case.--The term ``access case'' means a case 
     involving an application filed with the Central Authority of 
     the United States by a parent seeking rights of access.
       (5) Annual report.--The term ``Annual Report'' means the 
     Annual Report on International Child Abduction required under 
     section 101.
       (6) Application.--The term ``application'' means--
       (A) in the case of a Convention country, the application 
     required pursuant to article 8 of the Hague Abduction 
     Convention;
       (B) in the case of a bilateral procedures country, the 
     formal document required, pursuant to the provisions of the 
     applicable arrangement, to request the return of an abducted 
     child or to request rights of access, as applicable; and
       (C) in the case of a non-Convention country, the formal 
     request by the Central Authority of the United States to the 
     Central Authority of such country requesting the return of an 
     abducted child or for rights of contact with an abducted 
     child.
       (7) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (8) Bilateral procedures.--The term ``bilateral 
     procedures'' means any procedures established by, or pursuant 
     to, a bilateral arrangement, including a Memorandum of 
     Understanding between the United States and another country, 
     to resolve abduction and access cases, including procedures 
     to address interim contact matters.
       (9) Bilateral procedures country.--The term ``bilateral 
     procedures country'' means a country with which the United 
     States has entered into bilateral procedures, including 
     Memoranda of Understanding, with respect to child abductions.
       (10) Central authority.--The term ``Central Authority'' 
     means--
       (A) in the case of a Convention country, the meaning given 
     such term in article 6 of the Hague Abduction Convention;
       (B) in the case of a bilateral procedures country, the 
     official entity designated by the government of the bilateral 
     procedures country within the applicable memorandum of 
     understanding pursuant to section 103(b)(1) to discharge the 
     duties imposed on the entity; and
       (C) in the case of a non-Convention country, the foreign 
     ministry or other appropriate authority of such country.
       (11) Child.--The term ``child'' means an individual who has 
     not attained 16 years of age.
       (12) Convention country.--The term ``Convention country'' 
     means a country for which the Hague Abduction Convention has 
     entered into force with respect to the United States.
       (13) Hague abduction convention.--The term ``Hague 
     Abduction Convention'' means the Convention on the Civil 
     Aspects of International Child Abduction, done at The Hague 
     October 25, 1980.
       (14) Interim contact.--The term ``interim contact'' means 
     the ability of a left-behind parent to communicate with or 
     visit an abducted child during the pendency of an abduction 
     case.
       (15) Left-behind parent.--The term ``left-behind parent'' 
     means an individual or legal custodian who alleges that an 
     abduction has occurred that is in breach of rights of custody 
     attributed to such individual.
       (16) Non-convention country.--The term ``non-Convention 
     country'' means a country in which the Hague Abduction 
     Convention has not entered into force with respect to the 
     United States.
       (17) Overseas military dependent child.--The term 
     ``overseas military dependent child'' means a child whose 
     habitual residence is the United States according to United 
     States law even though the child is residing outside the 
     United States with a military parent.
       (18) Overseas military parent.--The term ``overseas 
     military parent'' means an individual who--
       (A) has custodial rights with respect to a child; and
       (B) is serving outside the United States as a member of the 
     United States Armed Forces.
       (19) Pattern of noncompliance.--
       (A) In general.--The term ``pattern of noncompliance'' 
     means the persistent failure--
       (i) of a Convention country to implement and abide by 
     provisions of the Hague Abduction Convention;
       (ii) of a non-Convention country to abide by bilateral 
     procedures that have been established between the United 
     States and such country; or
       (iii) of a non-Convention country to work with the Central 
     Authority of the United States to resolve abduction cases.
       (B) Persistent failure.--Persistent failure under 
     subparagraph (A) may be evidenced in a given country by the 
     presence of 1 or more of the following criteria:
       (i) Thirty percent or more of the total abduction cases in 
     such country are unresolved abduction cases.
       (ii) The Central Authority regularly fails to fulfill its 
     responsibilities pursuant to--

       (I) the Hague Abduction Convention; or
       (II) any bilateral procedures between the United States and 
     such country.

       (iii) The judicial or administrative branch, as applicable, 
     of the national government of a Convention country or a 
     bilateral procedures country fails to regularly implement and 
     comply with the provisions of the Hague Abduction Convention 
     or bilateral procedures, as applicable.
       (iv) Law enforcement authorities regularly fail to enforce 
     return orders or determinations of rights of access rendered 
     by the judicial or administrative authorities of the 
     government of the country in abduction cases.
       (20) Rights of access.--The term ``rights of access'' means 
     the establishment of rights of contact between a child and a 
     parent seeking access in Convention countries--
       (A) by operation of law;
       (B) through a judicial or administrative determination; or
       (C) through a legally enforceable arrangement between the 
     parties.
       (21) Rights of custody.--The term ``rights of custody'' 
     means rights of care and custody of a child, including the 
     right to determine the place of residence of a child, under 
     the laws of the country in which the child is a habitual 
     resident--
       (A) attributed to an individual or legal custodian; and
       (B) arising--
       (i) by operation of law; or
       (ii) through a judicial or administrative decision; or
       (iii) through a legally enforceable arrangement between the 
     parties.
       (22) Rights of interim contact.--The term ``rights of 
     interim contact'' means the rights of contact between a child 
     and a left-behind parent, which has been provided as a 
     provisional measure while an abduction case is pending, under 
     the laws of the country in which the child is located--
       (A) by operation of law; or
       (B) through a judicial or administrative determination; or
       (C) through a legally enforceable arrangement between the 
     parties.

[[Page 12210]]

       (23) Unresolved abduction case.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``unresolved abduction case'' means an abduction case that 
     remains unresolved for a period that exceeds 12 months after 
     the date on which the completed application for return of the 
     child is submitted for determination to the judicial or 
     administrative authority, as applicable, in the country in 
     which the child is located.
       (B) Resolution of case.--An abduction case shall be 
     considered to be resolved if--
       (i) the child is returned to the country of habitual 
     residence, pursuant to the Hague Abduction Convention or 
     other appropriate bilateral procedures, if applicable;
       (ii) the judicial or administrative branch, as applicable, 
     of the government of the country in which the child is 
     located has implemented, and is complying with, the 
     provisions of the Hague Abduction Convention or other 
     bilateral procedures, as applicable;
       (iii) the left-behind parent reaches a voluntary 
     arrangement with the other parent;
       (iv) the left-behind parent submits a written withdrawal of 
     the application or the request for assistance to the 
     Department of State;
       (v) the left-behind parent cannot be located for 1 year 
     despite the documented efforts of the Department of State to 
     locate the parent; or
       (vi) the child or left-behind parent is deceased.

                  TITLE I--DEPARTMENT OF STATE ACTIONS

     SEC. 101. ANNUAL REPORT.

       (a) In General.--Not later than April 30 of each year, the 
     Secretary of State shall submit to the appropriate 
     congressional committees an Annual Report on International 
     Child Abduction. The Secretary shall post the Annual Report 
     to the publicly accessible website of the Department of 
     State.
       (b) Contents.--Each Annual Report shall include--
       (1) a list of all countries in which there were 1 or more 
     abduction cases, during the preceding calendar year, relating 
     to a child whose habitual residence is the United States, 
     including a description of whether each such country--
       (A) is a Convention country;
       (B) is a bilateral procedures country;
       (C) has other procedures for resolving such abductions; or
       (D) adheres to no protocols with respect to child 
     abduction;
       (2) for each country with respect to which there were 5 or 
     more pending abduction cases, during the preceding year, 
     relating to a child whose habitual residence is the United 
     States--
       (A) the number of such new abduction and access cases 
     reported during the preceding year;
       (B) for Convention and bilateral procedures countries--
       (i) the number of abduction and access cases that the 
     Central Authority of the United States transmitted to the 
     Central Authority of such country; and
       (ii) the number of abduction and access cases that were not 
     submitted by the Central Authority to the judicial or 
     administrative authority, as applicable, of such country;
       (C) the reason for the delay in submission of each case 
     identified in subparagraph (B)(ii) by the Central Authority 
     of such country to the judicial or administrative authority 
     of that country;
       (D) the number of unresolved abduction and access cases, 
     and the length of time each case has been pending;
       (E) the number and percentage of unresolved abduction cases 
     in which law enforcement authorities have--
       (i) not located the abducted child;
       (ii) failed to undertake serious efforts to locate the 
     abducted child; and
       (iii) failed to enforce a return order rendered by the 
     judicial or administrative authorities of such country;
       (F) the total number and the percentage of the total number 
     of abduction and access cases, respectively, resolved during 
     the preceding year;
       (G) recommendations to improve the resolution of abduction 
     and access cases; and
       (H) the average time it takes to locate a child;
       (3) the number of abducted children whose habitual 
     residence is in the United States and who were returned to 
     the United States from--
       (A) Convention countries;
       (B) bilateral procedures countries;
       (C) countries having other procedures for resolving such 
     abductions; or
       (D) countries adhering to no protocols with respect to 
     child abduction;
       (4) a list of Convention countries and bilateral procedures 
     countries that have failed to comply with any of their 
     obligations under the Hague Abduction Convention or bilateral 
     procedures, as applicable, with respect to the resolution of 
     abduction and access cases;
       (5) a list of countries demonstrating a pattern of 
     noncompliance and a description of the criteria on which the 
     determination of a pattern of noncompliance for each country 
     is based;
       (6) information on efforts by the Secretary of State to 
     encourage non-Convention countries--
       (A) to ratify or accede to the Hague Abduction Convention;
       (B) to enter into or implement other bilateral procedures, 
     including memoranda of understanding, with the United States; 
     and
       (C) to address pending abduction and access cases;
       (7) the number of cases resolved without abducted children 
     being returned to the United States from Convention 
     countries, bilateral procedures countries, or other non-
     Convention countries;
       (8) a list of countries that became Convention countries 
     with respect to the United States during the preceding year; 
     and
       (9) information about efforts to seek resolution of 
     abduction cases of children whose habitual residence is in 
     the United States and whose abduction occurred before the 
     Hague Abduction Convention entered into force with respect to 
     the United States.
       (c) Exceptions.--Unless a left-behind parent provides 
     written permission to the Central Authority of the United 
     States to include personally identifiable information about 
     the parent or the child in the Annual Report, the Annual 
     Report may not include any personally identifiable 
     information about any such parent, child, or party to an 
     abduction or access case involving such parent or child.
       (d) Additional Sections.--Each Annual Report shall also 
     include--
       (1) information on the number of unresolved abduction cases 
     affecting military parents;
       (2) a description of the assistance offered to such 
     military parents;
       (3) information on the use of airlines in abductions, 
     voluntary airline practices to prevent abductions, and 
     recommendations for best airline practices to prevent 
     abductions;
       (4) information on actions taken by the Central Authority 
     of the United States to train domestic judges in the 
     application of the Hague Abduction Convention; and
       (5) information on actions taken by the Central Authority 
     of the United States to train United States Armed Forces 
     legal assistance personnel, military chaplains, and military 
     family support center personnel about--
       (A) abductions;
       (B) the risk of loss of contact with children; and
       (C) the legal means available to resolve such cases.
       (e) Repeal of the Hague Abduction Convention Compliance 
     Report.--Section 2803 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (42 U.S.C. 11611) is repealed.
       (f) Notification to Congress on Countries in 
     Noncompliance.--
       (1) In general.--The Secretary of State shall include, in a 
     separate section of the Annual Report, the Secretary's 
     determination, pursuant to the provisions under section 
     202(b), of whether each country listed in the report has 
     engaged in a pattern of noncompliance in cases of child 
     abduction during the preceding 12 months.
       (2) Contents.--The section described in paragraph (1)--
       (A) shall identify any action or actions described in 
     section 202(d) (or commensurate action as provided in section 
     202(e)) that have been taken by the Secretary with respect to 
     each country;
       (B) shall describe the basis for the Secretary's 
     determination of the pattern of noncompliance by each 
     country;
       (C) shall indicate whether noneconomic policy options 
     designed to resolve the pattern of noncompliance have 
     reasonably been exhausted, including the consultations 
     required under section 203.

     SEC. 102. STANDARDS AND ASSISTANCE.

       The Secretary of State shall--
       (1) ensure that United States diplomatic and consular 
     missions abroad--
       (A) maintain a consistent reporting standard with respect 
     to abduction and access cases;
       (B) designate at least 1 senior official in each such 
     mission, at the discretion of the Chief of Mission, to assist 
     left-behind parents from the United States who are visiting 
     such country or otherwise seeking to resolve abduction or 
     access cases; and
       (C) monitor developments in abduction and access cases; and
       (2) develop and implement written strategic plans for 
     engagement with any Convention or non-Convention country in 
     which there are 5 or more cases of international child 
     abduction.

     SEC. 103. BILATERAL PROCEDURES, INCLUDING MEMORANDA OF 
                   UNDERSTANDING.

       (a) Development.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     initiate a process to develop and enter into appropriate 
     bilateral procedures, including memoranda of understanding, 
     as appropriate, with non-Convention countries that are 
     unlikely to become Convention countries in the foreseeable 
     future, or with Convention countries that have unresolved 
     abduction cases that occurred before the Hague Abduction 
     Convention entered into force with respect to the United 
     States or that country.
       (2) Prioritization.--In carrying out paragraph (1), the 
     Secretary of State shall give priority to countries with 
     significant abduction cases and related issues.
       (b) Elements.--The bilateral procedures described in 
     subsection (a) should include provisions relating to--
       (1) the identification of--
       (A) the Central Authority;
       (B) the judicial or administrative authority that will 
     promptly adjudicate abduction and access cases;
       (C) the law enforcement agencies; and
       (D) the implementation of procedures to ensure the 
     immediate enforcement of an order issued by the authority 
     identified pursuant to subparagraph (B) to return an abducted 
     child to a left-behind parent, including by--
       (i) conducting an investigation to ascertain the location 
     of the abducted child;
       (ii) providing protection to the abducted child after such 
     child is located; and
       (iii) retrieving the abducted child and making the 
     appropriate arrangements for such child to

[[Page 12211]]

     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);

[[Page 12212]]

       (6) the withdrawal, limitation, or suspension of United 
     States security assistance in accordance with section 502B of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2304);
       (7) the withdrawal, limitation, or suspension of assistance 
     to the central government of a country pursuant to chapter 4 
     of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2346 et seq.; relating to the Economic Support Fund); and
       (8) a formal request to the foreign country concerned to 
     extradite an individual who is engaged in abduction and who 
     has been formally accused of, charged with, or convicted of 
     an extraditable offense.
       (e) Commensurate Action.--
       (1) In general.--Except as provided in subsection (f), the 
     Secretary of State may substitute any other action authorized 
     by law for any action described in subsection (d) if the 
     Secretary determines that such action--
       (A) is commensurate in effect to the action substituted; 
     and
       (B) would substantially further the purposes of this Act.
       (2) Notification.--If commensurate action is taken pursuant 
     to this subsection, the Secretary shall submit a report to 
     the appropriate congressional committees that--
       (A) describes such action;
       (B) explains the reasons for taking such action; and
       (C) specifically describes the basis for the Secretary's 
     determination under paragraph (1) that such action--
       (i) is commensurate with the action substituted; and
       (ii) substantially furthers the purposes of this Act.
       (f) Resolution.--The Secretary of State shall seek to take 
     all appropriate actions authorized by law to resolve the 
     unresolved case or to obtain the cessation of such pattern of 
     noncompliance, as applicable.
       (g) Humanitarian Exception.--Any action taken pursuant to 
     subsection (d) or (e) may not prohibit or restrict the 
     provision of medicine, medical equipment or supplies, food, 
     or other life-saving humanitarian assistance.

     SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS.

       As soon as practicable after the Secretary of State makes a 
     determination under section 201 in response to a failure to 
     resolve unresolved abduction cases or the Secretary takes an 
     action under subsection (d) or (e) of section 202, based on a 
     pattern of noncompliance, the Secretary shall request 
     consultations with the government of such country regarding 
     the situation giving rise to such determination.

     SEC. 204. WAIVER BY THE SECRETARY OF STATE.

       (a) In General.--Subject to subsection (b), the Secretary 
     of State may waive the application of any of the actions 
     described in subsections (d) and (e) of section 202 with 
     respect to a country if the Secretary determines and notifies 
     the appropriate congressional committees that--
       (1) the government of such country--
       (A) has satisfactorily resolved the abduction cases giving 
     rise to the application of any of such actions; or
       (B) has ended such country's pattern of noncompliance; or
       (2) the national security interest of the United States 
     requires the exercise of such waiver authority.
       (b) Congressional Notification.--Not later than the date on 
     which the Secretary of State exercises the waiver authority 
     under subsection (a), the Secretary shall--
       (1) notify the appropriate congressional committees of such 
     waiver; and
       (2) provide such committees with a detailed justification 
     for such waiver, including an explanation of the steps the 
     noncompliant government has taken--
       (A) to resolve abductions cases; or
       (B) to end its pattern of noncompliance.
       (c) Publication in Federal Register.--Subject to subsection 
     (d), the Secretary of State shall ensure that each waiver 
     determination under this section--
       (1) is published in the Federal Register; or
       (2) is posted on the Department of State website.
       (d) Limited Disclosure of Information.--The Secretary of 
     State may limit the publication of information under 
     subsection (c) in the same manner and to the same extent as 
     the President may limit the publication of findings and 
     determinations described in section 654(c) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2414(c)), if the Secretary 
     determines that the publication of such information would be 
     harmful to the national security of the United States and 
     would not further the purposes of this Act.

     SEC. 205. TERMINATION OF ACTIONS BY THE SECRETARY OF STATE.

       Any specific action taken under this Act or any amendment 
     made by this Act with respect to a foreign country shall 
     terminate on the date on which the Secretary of State submits 
     a written certification to Congress that the government of 
     such country--
       (1) has resolved any unresolved abduction case that gave 
     rise to such specific action; or
       (2) has taken substantial and verifiable steps to correct 
     such country's persistent pattern of noncompliance that gave 
     rise to such specific action, as applicable.

         TITLE III--PREVENTION OF INTERNATIONAL CHILD ABDUCTION

     SEC. 301. PREVENTING CHILDREN FROM LEAVING THE UNITED STATES 
                   IN VIOLATION OF A COURT ORDER.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 433. PREVENTION OF INTERNATIONAL CHILD ABDUCTION.

       ``(a) Program Established.--The Secretary, through the 
     Commissioner of U.S. Customs and Border Protection (referred 
     to in this section as `CBP'), in coordination with the 
     Secretary of State, the Attorney General, and the Director of 
     the Federal Bureau of Investigation, shall establish a 
     program that--
       ``(1) seeks to prevent a child (as defined in section 
     1204(b)(1) of title 18, United States Code) from departing 
     from the territory of the United States if a parent or legal 
     guardian of such child presents a court order from a court of 
     competent jurisdiction prohibiting the removal of such child 
     from the United States to a CBP Officer in sufficient time to 
     prevent such departure for the duration of such court order; 
     and
       ``(2) leverages other existing authorities and processes to 
     address the wrongful removal and return of a child.
       ``(b) Interagency Coordination.--
       ``(1) In general.--The Secretary of State shall convene and 
     chair an interagency working group to prevent international 
     parental child abduction. The group shall be composed of 
     presidentially appointed, Senate confirmed officials from--
       ``(A) the Department of State;
       ``(B) the Department of Homeland Security, including U.S. 
     Customs and Border Protection and U.S. Immigration and 
     Customs Enforcement; and
       ``(C) the Department of Justice, including the Federal 
     Bureau of Investigation.
       ``(2) Department of defense.--The Secretary of Defense 
     shall designate an official within the Department of 
     Defense--
       ``(A) to coordinate with the Department of State on 
     international child abduction issues; and
       ``(B) to oversee activities designed to prevent or resolve 
     international child abduction cases relating to active duty 
     military service members.''.
       (b) Clerical Amendment.--The table of contents of the 
     Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended 
     by adding after the item relating to section 432 the 
     following:

``Sec. 433. Prevention of international child abduction.''.

     SEC. 302. AUTHORIZATION FOR JUDICIAL TRAINING ON 
                   INTERNATIONAL PARENTAL CHILD ABDUCTION.

       (a) In General.--The Secretary of State, subject to the 
     availability of appropriations, shall seek to provide 
     training, directly or through another government agency or 
     nongovernmental organizations, on the effective handling of 
     parental abduction cases to the judicial and administrative 
     authorities in countries--
       (1) in which a significant number of unresolved abduction 
     cases are pending; or
       (2) that have been designated as having a pattern of 
     noncompliance under section 202(b).
       (b) Strategy Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the President shall 
     submit a strategy to carry out the activities described in 
     subsection (a) to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Foreign Affairs of the House of 
     Representatives;
       (3) the Committee on Appropriations of the Senate; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
       (c) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of State $1,000,000 for each of the fiscal 
     years 2015 and 2016 to carry out subsection (a).
       (2) Use of funds.--Amounts appropriated for the activities 
     set forth in subsection (a) shall be used pursuant to the 
     authorization and requirements under this section.
  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.

[[Page 12213]]



                          ____________________