[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Enrolled Bill (ENR)]
H.R.3212
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
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,

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(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:

3bf123ee8793314c3b210d30a56cbb7b3214de3e3300b082f955d447a17cb7dd

noncompliance in cases of international child abductions.

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TITLE II

-ACTIONS BY THE SECRETARY OF STATE

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TITLE III

-PREVENTION OF INTERNATIONAL CHILD ABDUCTION

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(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
(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.

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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.
(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.

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(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.

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TITLE I

-DEPARTMENT OF STATE ACTIONS

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.

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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 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.

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(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.

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(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.

29c03efb44c69674af91b35543189d31b35481952726ae68341349d911fd8729

OF NONCOMPLIANCE IN CASES OF INTERNATIONAL CHILD ABDUCTIONS.
(a) Response to a Pattern of Noncompliance.--It is the policy of
the United States--
(1) to oppose institutional or other systemic failures of
foreign governments to fulfill their obligations pursuant to the
Hague Abduction Convention or bilateral procedures, as applicable,
to resolve abduction and access cases;
(2) to promote reciprocity pursuant to, and in compliance with,
the Hague Abduction Convention or bilateral procedures, as
appropriate; and
(3) to directly engage with senior foreign government officials
to most effectively address patterns of noncompliance.
(b) Determination of Countries With Patterns of Noncompliance in
Cases of International Child Abduction.--
(1) Annual review.--Not later than April 30 of each year, the
Secretary of State shall--
(A) review the status of abduction and access cases in each
foreign country in order to determine whether the government of
such country has engaged in a pattern of noncompliance during
the preceding 12 months; and
(B) report such determination pursuant to section 101(f).
(2) Determinations of responsible parties.--The Secretary of
State shall seek to determine the agencies or instrumentalities of
the government of each country determined to have engaged in a
pattern of noncompliance under paragraph (1)(A) that are
responsible for such pattern of noncompliance--
(A) to appropriately target actions in response to such
noncompliance; and
(B) to engage with senior foreign government officials to
effectively address such noncompliance.
(c) Actions by the Secretary of State With Respect to a Country
With a Pattern of Noncompliance.--
(1) In general.--Not later than 90 days (or 180 days in case of
a delay under paragraph (2)) after a country is determined to have
been engaged in a pattern of noncompliance under subsection
(b)(1)(A), the Secretary of State shall--
(A) take 1 or more of the actions described in subsection
(d);
(B) direct the Chief of Mission in that country to directly
address the systemic problems that led to such determination;
and
(C) inform senior officials in the foreign government of
the potential repercussions related to such designation.
(2) Authority for delay of actions by the secretary of state.--
The Secretary shall not be required to take action under paragraph
(1) until the expiration of a single, additional period of up to 90
days if, on or before the date on which the Secretary of State is
required to take such action, the Secretary determines and
certifies to the appropriate congressional committees that such
additional period is necessary--
(A) for a continuation of negotiations that have been
commenced with the government of a country described in
paragraph (1) in order to bring about a cessation of the
pattern of noncompliance by such country;
(B) for a review of corrective action taken by a country
after the designation of such country as being engaged in a
pattern of noncompliance under subsection (b)(1)(A); or
(C) in anticipation that corrective action will be taken by
such country during such 90-day period.
(3) Exception for additional action by the secretary of
state.--The Secretary of State shall not be required to take
additional action under paragraph (1) with respect to a country
determined to have been engaged in a persistent pattern of
noncompliance if the Secretary--
(A) has taken action pursuant to paragraph (5), (6), or (7)
of subsection (d) with respect to such country in the preceding
year and such action continues to be in effect;
(B) exercises the waiver under section 204 and briefs the
appropriate congressional committees; or
(C) submits a report to the appropriate congressional
committees that--
(i) indicates that such country is subject to multiple,
broad-based sanctions; and
(ii) describes how such sanctions satisfy the
requirements under this subsection.
(4) Report to congress.--Not later than 90 days after the
submission of the Annual Report, the Secretary shall submit a
report to Congress on the specific actions taken against countries
determined to have been engaged in a pattern of noncompliance under
this section.
(d) Description of Actions by the Secretary of State in Hague
Abduction Convention Countries.--Except as provided in subsection (f),
the actions by the Secretary of State referred to in this subsection
are--
(1) a demarche;
(2) an official public statement detailing unresolved cases;
(3) a public condemnation;
(4) a delay or cancellation of 1 or more bilateral working,
official, or state visits;
(5) the withdrawal, limitation, or suspension of United States
development assistance in accordance with section 116 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n);
(6) the withdrawal, limitation, or suspension of United States
security assistance in accordance with section 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304);
(7) the withdrawal, limitation, or suspension of assistance to
the central government of a 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.

a9af1a4c554d613ec753fce3a3d1d3302c9c588b1e87407b5344dd8a1a789238

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.

d66b8c6a8587cb0f08fa8678a01868ce25c52bd0757ca850bfd39036674ed336

(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.

9118a3d3ff67f366fa1da8630670228529acaca0159052257200532b782efe4b

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.

cc209a720ef5b4f61d324fbe0fd86f9a34beeb944b90ff6a5e711392a83f78d3

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.''.

b835f54492f06a69fe0e2424d0c67c9366d76f9163f00a124900d41c42f94b58

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

5753b6273e2f425e7b1db7318b9de2fc9810b78caa80e1d69ae20837eb365892

Sean and David Goldman International Child Abduction Prevention and Return Act of 2014

Other Sections

TITLE II

TITLE III

TITLE I

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