    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-150
    113th Congress

    An Act

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sean and David
    Goldman International Child Abduction Prevention and Return Act of
    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

    [[Page 1808]]

    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
    (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,

    [[Page 1809]]

    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--

    [[Page 1810]]

    (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

    [[Page 1811]]

    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

    [[Page 1812]]

    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.
    (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;

    [[Page 1813]]

    (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;

    [[Page 1814]]

    (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;

    [[Page 1815]]

    (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,

    [[Page 1816]]

    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 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.

    [[Page 1817]]

    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.--

    [[Page 1818]]

    (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--

    [[Page 1819]]

    (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.

    [[Page 1820]]

    (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 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

    [[Page 1821]]

    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.

    [[Page 1822]]

    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

    [[Page 1823]]

    (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.

    Approved August 8, 2014.

    LEGISLATIVE HISTORY--H.R. 3212:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 113-204 (Comm. on Foreign Relations).
    CONGRESSIONAL RECORD:
    Vol. 159 (2013):
    Dec. 11, considered and passed
    House.
    Vol. 160 (2014):
    July 16, considered and passed
    Senate, amended.
    July 25, House concurred in Senate
    amendment.