I 

113TH CONGRESS 

1ST SESSION H. R. 1951 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2013 

Mr. SMITH of New Jersey (for himself and Mr. MORAN) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committees on Ways and Means, Financial Services, 

the Judiciary, and Oversight and Government Reform, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Sean and David Goldman International Child Abduction 

4 Prevention and Return Act of 2013’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Findings; sense of Congress; purposes. 

Sec. 3. Definitions. 

Sec. 4. Funding. 

TITLE I—DEPARTMENT OF STATE ACTIONS 

Sec. 101. Annual report. 

Sec. 102. Standards and assistance. 

Sec. 103. Memorandum of Understanding. 

Sec. 104. Notification of congressional representatives. 

TITLE II—PRESIDENTIAL ACTIONS 

Sec. 201. Presidential actions in response to unresolved cases. 

Sec. 202. Presidential actions in response to patterns of noncooperation in 

cases of international child abductions. 

Sec. 203. Consultations. 

Sec. 204. Report to Congress. 

Sec. 205. Presidential actions. 

Sec. 206. Effects on existing contracts. 

Sec. 207. Presidential waiver. 

Sec. 208. Publication in Federal Register. 

Sec. 209. Termination of Presidential actions. 

Sec. 210. United States assistance. 

Sec. 211. Multilateral assistance. 

Sec. 212. Amendment to generalized system of preferences eligibility for generalized system of preferences. 

7 SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) Sean Goldman, a United States citizen and 

10 resident of New Jersey, was abducted from the 

11 United States in 2004 and separated from his fa12 ther, David Goldman, who spent nearly six years 

13 battling for the return of his son from Brazil before 


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1 Sean was finally returned to Mr. Goldman’s custody 

2 on December 24, 2009. 

3 (2) The Department of State’s Office of Chil4 dren’s Issues, which serves as the Central Authority 

5 of the United States for the purposes of the 1980 

6 Hague Convention on the Civil Aspects of Inter7 national Child Abduction, has received thousands of 

8 requests since 2007 for assistance in the return to 

9 the United States of children who have been ab10 ducted by a parent or other legal guardian to an11 other country. For a variety of reasons reflecting the 

12 significant obstacles to the recovery of abducted chil13 dren, as well as the legal and factual complexity in14 volving such cases, not all cases are reported to the 

15 Central Authority of the United States. 

16 (3) The number of outgoing international child 

17 abductions reported to the Central Authority of the 

18 United States has increased substantially since 

19 2006. 

20 (4) Only about half of the children abducted 

21 from the United States to countries with which the 

22 United States enjoys reciprocal obligations under the 

23 Hague Abduction Convention are returned to the 

24 United States. 


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1 (5) The United States and Convention coun2 tries have expressed their desire, through the Hague 

3 Abduction Convention, ‘‘to protect children inter4 nationally from the harmful effects of their wrongful 

5 removal or retention and to establish procedures to 

6 ensure their prompt return to the State of their ha7 bitual residence, as well as to secure protection for 

8 rights of access.’’. 

9 (6) Compliance by the United States and Con10 vention countries depends on the actions of their 

11 designated central authorities, the performance of 

12 their judiciaries as reflected in the legal process and 

13 decisions rendered to enforce or effectuate the 

14 Hague Abduction Convention, and the ability and 

15 willingness of their law enforcement to insure the 

16 swift enforcement of orders rendered pursuant to the 

17 Hague Abduction Convention. 

18 (7) The Central Authority of the United States 

19 reports that nearly 40 percent of abduction cases 

20 and access cases involve children taken from the 

21 United States to countries with which the United 

22 States does not have Hague Abduction Convention 

23 obligations or other agreements relating to the reso24 lution of abduction cases and access cases. 


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1 (8) According to the Department of State’s 

2 April 2010 Report on Compliance with the Hague 

3 Convention on the Civil Aspects of International 

4 Child Abduction, ‘‘parental child abduction jeopard5 izes the child and has substantial long-term con6 sequences for both the child and the left-behind par7 ent.’’. 

8 (9) Abducted children are at risk of serious 

9 emotional and psychological problems and have been 

10 found to experience anxiety, eating problems, night11 mares, mood swings, sleep disturbances, aggressive 

12 behavior, resentment, guilt and fearfulness, and as 

13 adults may struggle with identity issues, personal re14 lationships, and parenting. 

15 (10) Left-behind parents may encounter sub16 stantial psychological and emotional problems, and 

17 few have the extraordinary financial resources nec18 essary to pursue individual civil or criminal remedies 

19 in both the United States and a foreign country, 

20 even where available, or to engage in repeated for21 eign travel to attempt to procure the return of their 

22 children by evoking diplomatic and humanitarian 

23 remedies. 

24 (11) Left-behind parents who are military par25 ents may be unable to leave their military duties to 


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1 pursue multinational litigation or take leave to at2 tend multiple court proceedings, and foreign authori3 ties may not schedule proceedings to accommodate 

4 such duties. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that the United States should set a strong example 

7 for Convention countries in the timely location and return 

8 of abducted children in the United States whose habitual 

9 residence is not the United States. 

10 (c) PURPOSES.—The purposes of this Act are to— 

11 (1) protect children whose habitual residence is 

12 the United States from the harmful effects of abduc13 tion and to assist left-behind parents to have access 

14 to their abducted child in a safe and predictable 

15 manner, wherever the child is located, while an ab16 duction case is pending; 

17 (2) provide left-behind parents, including mili18 tary parents, their advocates, and judges the infor19 mation they need to enhance the resolution of abduc20 tion cases and access cases through established legal 

21 procedures, the tools for assessing the risk of abduc22 tion and denial of rights of access, and the practical 

23 means for overcoming obstacles to recovering an ab24 ducted child; 


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1 (3) establish measured, effective, and predict2 able actions to be undertaken by the President on 

3 behalf of abducted children whose habitual residence 

4 is the United States at the time of the abduction; 

5 (4) promote an international consensus that it 

6 is in the interest of children to have any issues re7 lated to their care and custody determined in the 

8 country of their habitual residence; 

9 (5) provide the necessary training for officials 

10 of the United States Armed Forces and the Depart11 ment of Defense to establish policies and provide 

12 services to military parents that address the unique 

13 circumstances of abductions and violations of rights 

14 of access that may occur with regard to military de15 pendent children; and 

16 (6) encourage the effective implementation of 

17 international mechanisms, particularly those estab18 lished pursuant to the Hague Abduction Convention, 

19 to achieve reciprocity in the resolution of abductions 

20 and to protect children from the harmful effects of 

21 an abduction. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 


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1 (1) ABDUCTED CHILD.—The term ‘‘abducted 

2 child’’ means a child who is the victim of an abduc3 tion. 

4 (2) ABDUCTION.—The term ‘‘abduction’’ 

5 means— 

6 (A) the alleged wrongful removal of a child 

7 from the child’s country of habitual residence; 

8 (B) the alleged wrongful retention of a 

9 child outside the child’s country of habitual res10 idence; or 

11 (C) the alleged wrongful removal or reten12 tion of a military dependent child from the ex13 ercise of rights of custody of a military parent. 

14 (3) ABDUCTION CASE.—The term ‘‘abduction 

15 case’’ means a case involving an application filed 

16 with the Central Authority of the United States by 

17 a left-behind parent for the resolution of an abduc18 tion. 

19 (4) ACCESS CASE.—The term ‘‘access case’’ 

20 means a case involving an application filed with the 

21 Central Authority of the United States by a left-be22 hind parent for the establishment of rights of access. 

23 (5) ANNUAL REPORT.—The term ‘‘Annual Re24 port’’ means the Annual Report on International 

25 Child Abduction required under section 101. 


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1 (6) APPLICATION.—The term ‘‘application’’ 

2 means— 

3 (A) in the case of a Convention country, 

4 the application required pursuant to article 8 of 

5 the Hague Abduction Convention; 

6 (B) in the case of an MOU country, the 

7 formal document required pursuant to the pro8 visions of the applicable MOU to request the re9 turn of an abducted child or to request rights 

10 of access, as applicable; and 

11 (C) in the case of a nonparty country, the 

12 formal request by the Central Authority of the 

13 United States to the Central Authority of such 

14 country requesting the return of an abducted 

15 child or for rights of access to an abducted 

16 child. 

17 (7) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means the Committee on Foreign Affairs of 

20 the House of Representatives and the Committee on 

21 Foreign Relations of the Senate. 

22 (8) CENTRAL AUTHORITY.—The term ‘‘Central 

23 Authority’’ means— 


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1 (A) in the case of a Convention country, 

2 the meaning given such term in article 6 of the 

3 Hague Abduction Convention; 

4 (B) in the case of an MOU country, the of5 ficial entity designated by the government of 

6 the MOU country within the applicable MOU 

7 pursuant to section 103(b)(1) to discharge the 

8 duties imposed on the entity in such MOU; and 

9 (C) in the case of a nonparty country, the 

10 foreign ministry of such country. 

11 (9) CHILD.—The term ‘‘child’’ means an indi12 vidual who has not attained the age of 16. 

13 (10) CONVENTION COUNTRY.—The term ‘‘Con14 vention country’’ means a country other than the 

15 United States that has ratified, acceded, or suc16 ceeded to the Hague Abduction Convention and with 

17 respect to which the United States has entered into 

18 a reciprocal agreement pursuant to the Hague Ab19 duction Convention. 

20 (11) HAGUE ABDUCTION CONVENTION.—The 

21 term ‘‘Hague Abduction Convention’’ means the 

22 Convention on the Civil Aspects of International 

23 Child Abduction, done at The Hague on October 25, 

24 1980. 


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1 (12) LEFT-BEHIND PARENT.—The term ‘‘left2 behind parent’’ means— 

3 (A) regarding an abduction, an individual 

4 or entity, either individually or jointly, who al5 leges that an abduction has occurred that is in 

6 breach of rights of custody— 

7 (i) attributed to such individual or en8 tity, as applicable; and 

9 (ii) exercised at the time of the abduc10 tion or that would have been exercised but 

11 for the abduction; and 

12 (B) regarding rights of access, an indi13 vidual with rights of custody who is requesting 

14 establishment of rights of access or who alleges 

15 that rights of access are being denied. 

16 (13) LEGAL RESIDENCE.—The term ‘‘legal resi17 dence’’ means the congressional district and State in 

18 which an individual either is residing, or if an indi19 vidual is residing temporarily outside the United 

20 States, the congressional district and State to which 

21 the individual intends to return. 

22 (14) MILITARY DEPENDENT CHILD.—The term 

23 ‘‘military dependent child’’ means a child whose ha24 bitual residence is the United States according to 


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1 United States law even though the child is residing 

2 outside the United States with a military parent. 

3 (15) MILITARY PARENT.—The term ‘‘military 

4 parent’’ means an individual who has rights of cus5 tody over a child and who is serving outside the 

6 United States as a member of the United States 

7 Armed Forces. 

8 (16) MOU.—The term ‘‘MOU’’ means a memo9 randum of understanding between the United States 

10 and a country that is not a Convention country to 

11 resolve abduction cases and rights of access cases in 

12 accordance with section 104. 

13 (17) MOU COUNTRY.—The term ‘‘MOU coun14 try’’ means a country with respect to which the 

15 United States has entered into an MOU. 

16 (18) NONPARTY COUNTRY.—The term 

17 ‘‘nonparty country’’ means a country that is neither 

18 a Convention country nor an MOU country. 

19 (19) PATTERN OF NONCOOPERATION.— 

20 (A) IN GENERAL.—The term ‘‘pattern of 

21 noncooperation’’ means the persistent failure— 

22 (i) of a Convention country to imple23 ment and abide by the provisions of the 

24 Hague Abduction Convention; 


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1 (ii) of an MOU Country to implement 

2 and abide by the provisions of the applica3 ble MOU; and 

4 (iii) of a nonparty country to cooper5 ate with the United States to expeditiously 

6 resolve abduction cases and access cases 

7 within a reasonable period of time. 

8 (B) CRITERIA.—Such persistent failure 

9 may be evidenced by one or more of the fol10 lowing criteria: 

11 (i) The existence of 10 or more unre12 solved cases. 

13 (ii) The failure of the Central Author14 ity of the country to fulfill its responsibil15 ities pursuant to the Hague Abduction 

16 Convention or the MOU, as applicable, or 

17 in the case of a nonparty country, the re18 peated failure of the Central Authority of 

19 the country to cooperate with the Central 

20 Authority of the United States to resolve 

21 unresolved cases. 

22 (iii) The failure of the judicial or ad23 ministrative branch, as applicable, of the 

24 national government of the country to im25 plement and comply with the provisions of 


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1 the Hague Abduction Convention or the 

2 MOU, as applicable, or in the case of a 

3 nonparty country, the failure of the appro4 priate judicial or administrative branch of 

5 the national government of the country to 

6 expeditiously deliberate and render a deci7 sion in abduction cases and access cases. 

8 (iv) The failure of law enforcement to 

9 locate abducted children or to enforce re10 turn orders or determinations of rights of 

11 access rendered by the judicial or adminis12 trative authorities of the national govern13 ment of the country in abduction cases or 

14 access cases. 

15 (20) RIGHTS OF ACCESS.—The term ‘‘rights of 

16 access’’ means the rights of contact between a child 

17 and a left-behind parent that may arise— 

18 (A) as a provisional measure while an ab19 duction case is pending; and 

20 (B) by operation of law or by reason of ju21 dicial or administrative determination or by 

22 agreement having legal effect under the law of 

23 the country in which the child is located. 

24 (21) RIGHTS OF CUSTODY.—The term ‘‘rights 

25 of custody’’ means rights of care and custody of an 


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1 abducted child, including the right to determine the 

2 place of residence of an abducted child— 

3 (A) attributed to an individual or entity, 

4 either individually or jointly, and 

5 (B) arising by operation of law or by rea6 son of a judicial or administrative decision, or 

7 by reason of an agreement having legal effect, 

8 under the law of the country in which the child was 

9 an habitual resident immediately before the abduc10 tion. 

11 (22) UNRESOLVED ABDUCTION CASE.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), the term ‘‘unresolved abduction 

14 case’’ means an abduction case that remains 

15 unresolved for a period that exceeds 6 weeks 

16 after the date on which the application for re17 turn of the child is submitted for determination 

18 to the judicial or administrative authority, as 

19 applicable, in the country in which the child is 

20 located. 

21 (B) RESOLUTION OF CASE.—An abduction 

22 case shall be considered to be resolved if— 

23 (i) the child is returned to the country 

24 of habitual residence, pursuant to the 


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1 Hague Abduction Convention or MOU, if 

2 applicable; 

3 (ii) the judicial or administrative 

4 branch, as applicable, of the national gov5 ernment of the country in which the child 

6 is located has implemented and is com7 plying with the provisions of the Hague 

8 Abduction Convention or the MOU, as ap9 plicable, and a final determination is made 

10 by such judicial or administrative branch 

11 that the child will not be returned to the 

12 country of habitual residence; or 

13 (iii) the child attains the age of 16. 

14 (23) UNRESOLVED ACCESS CASE.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), the term ‘‘unresolved access case’’ 

17 means an access case that remains unresolved 

18 for a period that exceeds 6 weeks after the date 

19 on which the application for the establishment 

20 of rights of access is submitted to the judicial 

21 or administrative authority, as applicable, in the 

22 country in which the child is located. 

23 (B) RESOLUTION OF CASE.—An access 

24 case shall be considered to be resolved if— 


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1 (i) rights of access are established for 

2 the left-behind parent and such parent is 

3 allowed access to the child in accordance 

4 with such rights; 

5 (ii) a final determination is made by 

6 the appropriate administrative or judicial 

7 entity in the country in which the child is 

8 located that the left-behind parent does not 

9 have rights of access and the United 

10 States Central Authority concludes that 

11 such determination is in accordance with 

12 applicable international standards; or 

13 (iii) the abduction case related to the 

14 unresolved access case is resolved. 

15 (24) UNRESOLVED CASES.—The term ‘‘unre16 solved cases’’ means unresolved abduction cases and 

17 unresolved access cases. 

18 SEC. 4. FUNDING. 

19 Amounts necessary to carry out this Act shall be 

20 taken out of the discretionary funds available to the Sec21 retary of State for each of the fiscal years 2014 through 

22 2018. 


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1 TITLE I—DEPARTMENT OF 

2 STATE ACTIONS 

3 SEC. 101. ANNUAL REPORT. 

4 (a) IN GENERAL.—Not later than March 31 of each 

5 year, the Secretary of State shall submit to the appro6 priate congressional committees an Annual Report on 

7 International Child Abduction. 

8 (b) CONTENTS.—Each Annual Report shall, with re9 spect to the preceding year, include the following: 

10 (1) For each country with respect to which 

11 there was 1 or more abduction cases: 

12 (A) Whether the country is a Convention 

13 country, an MOU country, or a nonparty coun14 try. 

15 (B) The number of abduction cases and 

16 the number of rights of access cases, respec17 tively, reported. 

18 (C) The number of abduction cases and 

19 the number of access cases, respectively, that 

20 are pending. 

21 (D)(i) The number of abduction cases and 

22 the number of access cases, respectively, that 

23 were pending at any point for more than 90 

24 days after the date on which the Central Au25 thority of the United States transmitted the apVerDate Mar 15 2010 22:57 May 16, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1951.IH H1951

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1 plication for each such case to the Central Au2 thority of such country, and were not submitted 

3 by the Central Authority to the judicial or ad4 ministrative authority, as applicable, of such 

5 country within the 90-day period. 

6 (ii) The reason for the delay in submission 

7 of each case identified in clause (i) by the Cen8 tral Authority of such country to the judicial or 

9 administrative authority. 

10 (E) The number of unresolved abduction 

11 cases and unresolved access cases, respectively, 

12 and the length of time each case has been pend13 ing. 

14 (F) The number of unresolved cases in 

15 which law enforcement has failed to locate the 

16 abducted child or to enforce a return order or 

17 determinations of rights of access rendered by 

18 the judicial or administrative authorities of 

19 such country. 

20 (G) The median time required for resolu21 tion of abduction cases and access cases, re22 spectively, to be measured from the date on 

23 which the application with respect to the abduc24 tion case or access case is transmitted by the 

25 Central Authority of the United States to the 


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1 Central Authority of such country to the date 

2 on which the abduction case or access case is 

3 resolved. 

4 (H) The percentage of the total number of 

5 abduction cases and access cases, respectively, 

6 resolved. 

7 (I) Detailed information about each case 

8 described in subparagraph (C) and on actions 

9 taken by the Department of State to resolve 

10 such case, including the specific actions taken 

11 by the United States chief of mission in such 

12 country. 

13 (J) Recommendations to improve resolu14 tion of abduction cases and access cases. 

15 (2) The number of abducted children from the 

16 United States who were returned to the United 

17 States from Conventions countries, MOU countries, 

18 and nonparty countries, respectively. 

19 (3) A list of Convention countries and MOU 

20 countries that have failed to comply with any of 

21 their obligations under the Hague Abduction Con22 vention or the MOU, as applicable, with respect to 

23 the resolution of abduction cases and access cases. 

24 (4) A list of countries demonstrating a pattern 

25 of noncooperation, and a summary of the criteria on 


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1 which the determination of a pattern of noncoopera2 tion for each country is based. 

3 (5)(A) Information on efforts by the Secretary 

4 of State to encourage other countries to become sig5 natories to the Hague Abduction Convention or to 

6 enter into an MOU. 

7 (B) The efforts referred to in subparagraph (A) 

8 shall include efforts to address pending abduction 

9 cases and access cases in such country. 

10 (6) A description of the efforts of the Secretary 

11 of State to encourage Convention countries and 

12 MOU countries to facilitate the work of nongovern13 mental organizations within their respective coun14 tries that assist left-behind parents. 

15 (c) EXCEPTION.—The Annual Report shall not in16 clude— 

17 (1) the names of left-behind parents or children 

18 involved in abduction cases or access cases; or 

19 (2) information that may identify a party in20 volved in an abduction case or access case unless the 

21 party stipulates in writing to the Central Authority 

22 of the United States that such information may be 

23 included in the Annual Report. 

24 (d) ADDITIONAL THEMATIC SECTIONS.—Each An25 nual Report shall also include— 


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1 (1) information on the number of unresolved 

2 cases affecting left-behind parents who are military 

3 parents and a summary of assistance offered to such 

4 left-behind parents; 

5 (2) information on the use of airlines in abduc6 tions, including which airlines have been utilized to 

7 carry out an abduction, voluntary airline practices to 

8 prevent abductions, and recommendations for best 

9 airline practices to prevent abductions; 

10 (3) information on actions taken by the Central 

11 Authority of the United States to train domestic 

12 judges in application of the Hague Abduction Con13 vention; and 

14 (4) information on actions taken by the Central 

15 Authority of the United States to train United 

16 States Armed Forces legal assistance personnel, 

17 military chaplains, and military family support cen18 ter personnel about abductions, the risk of loss of 

19 access to children, and the legal frameworks avail20 able to resolve such cases. 

21 (e) REPEAL OF THE HAGUE CONVENTION COMPLI22 ANCE REPORT.—Section 2803 of the Foreign Affairs Re23 form and Restructuring Act of 1998 (42 U.S.C. 11611) 

24 is repealed. 


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1 SEC. 102. STANDARDS AND ASSISTANCE. 

2 The Secretary of State shall ensure that United 

3 States diplomatic and consular missions abroad— 

4 (1) maintain a consistent reporting standard 

5 with respect to abduction cases and access cases in6 volving abducted children in the country in which 

7 such mission is located for purposes of the Annual 

8 Report; 

9 (2) designate at least one official in each such 

10 mission to assist left-behind parents from the United 

11 States who are visiting such country to resolve cases 

12 involving an abduction or rights of access; and 

13 (3) monitor developments in cases involving ab14 ducted children in the country in which such mission 

15 is located. 

16 SEC. 103. MEMORANDUM OF UNDERSTANDING. 

17 (a) IN GENERAL.—The Secretary of State shall seek 

18 to enter into an MOU with every country that is not a 

19 Convention country. 

20 (b) MOU PROVISIONS.—An MOU shall include, with 

21 respect to the applicable MOU country— 

22 (1) identification of the Central Authority; 

23 (2) a protocol to identify, locate, and effectuate 

24 the return of an abducted child identified in an ab25 duction case not later than 6 weeks after the appli26 cation with respect to the abduction case has been 


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1 submitted to the judicial or administrative authority, 

2 as applicable, of the country in which the abducted 

3 child is located; 

4 (3) a protocol for the establishment and protec5 tion of the rights of access; 

6 (4) identification of the judicial or administra7 tive authority that will promptly adjudicate abduc8 tion cases and access cases; 

9 (5) identification of a law enforcement agency 

10 and available law enforcement mechanisms and pro11 cedures to ensure the immediate enforcement of an 

12 order issued by the authority identified pursuant to 

13 paragraph (4) to return an abducted child to a left14 behind parent, including by— 

15 (A) conducting an investigation to ascer16 tain the location of the abducted child; 

17 (B) providing protection to the abducted 

18 child after such child is located; and 

19 (C) retrieving the abducted child and mak20 ing the appropriate arrangements for such child 

21 to be returned to the country of habitual resi22 dence; 

23 (6) a protocol to establish periodic visits be24 tween a United States embassy or consular official 


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1 and an abducted child to allow the official to ascer2 tain the child’s location and welfare; and 

3 (7) such other provisions as determined to be 

4 appropriate by the Secretary of State. 

5 (c) RULE OF CONSTRUCTION.— 

6 (1) IN GENERAL.—Nothing in this Act shall be 

7 construed to prohibit the United States from pro8 posing and entering into a memorandum of under9 standing with a Convention country to further clar10 ify the reciprocal obligations of the United States 

11 and the Convention country under the Hague Ab12 duction Convention. 

13 (2) TREATMENT OF OBLIGATIONS OF CONVEN14 TION COUNTRY.—In those instances in which there 

15 is a memorandum of understanding as described in 

16 paragraph (1), the obligations of the Convention 

17 country under such memorandum shall be consid18 ered to be obligations of such country under the 

19 Hague Abduction Convention for purposes of this 

20 Act. 

21 SEC. 104. NOTIFICATION OF CONGRESSIONAL REPRESENT22 ATIVES. 

23 (a) NOTIFICATION.—Except as provided in sub24 section (b), the Secretary of State shall notify in writing 

25 the Member of Congress and Senators representing the 


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1 legal residence of a left-behind parent when such parent 

2 reports an abduction to the Central Authority of the 

3 United States. 

4 (b) EXCEPTION.—The notification requirement under 

5 subsection (a) shall not apply if the left-behind parent 

6 does not consent to the notification described in such sub7 section. 

8 (c) MEMBER OF CONGRESS DEFINED.—In this sec9 tion, the term ‘‘Member of Congress’’ means a Represent10 ative in, or Delegate or Resident Commissioner to, the 

11 Congress. 

12 TITLE II—PRESIDENTIAL 

13 ACTIONS 

14 SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRE15 SOLVED CASES. 

16 (a) RESPONSE TO INTERNATIONAL CHILD ABDUC17 TIONS.— 

18 (1) UNITED STATES POLICY.—It shall be the 

19 policy of the United States to— 

20 (A) promote the best interest of children 

21 abducted from the United States by estab22 lishing legal rights and procedures for their 

23 prompt return and by promoting such rights 

24 and procedures through actions that ensure the 


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1 enforcement of reciprocal international obliga2 tions; and 

3 (B) recognize the international character 

4 of the Hague Abduction Convention, and the 

5 need for reciprocity pursuant to and the uni6 form international interpretation of the Hague 

7 Abduction Convention, by promoting the timely 

8 resolution of abduction cases and access cases 

9 through 1 or more of the actions described in 

10 section 205. 

11 (2) REQUIREMENT OF PRESIDENTIAL AC12 TION.—Whenever the President determines that the 

13 government of a foreign country has failed to resolve 

14 an unresolved abduction case or unresolved access 

15 case, the President shall oppose such failure through 

16 one or more of the actions described in subsection 

17 (b). 

18 (b) PRESIDENTIAL ACTIONS.— 

19 (1) IN GENERAL.—Subject to paragraphs (2) 

20 and (3), the President, in consultation with the Sec21 retary of State, shall, as expeditiously as practicable 

22 in response to the failure described in subsection (a) 

23 by the government of a foreign country, take 1 or 

24 more of the actions described in paragraphs (1) 

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1 tion as provided in section 205(b)) with respect to 

2 such country. 

3 (2) DEADLINE FOR ACTIONS.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), not later than March 31 of 

6 each year, the President shall take 1 or more 

7 of the actions described in paragraphs (1) 

8 through (18) of section 205(a) (or commensu9 rate action as provided in section 205(b)) with 

10 respect to each foreign country the government 

11 of which has failed to resolve an unresolved ab12 duction case or access case that is pending as 

13 of such date. 

14 (B) EXCEPTION.—In the case of an action 

15 under any of paragraphs (11) through (18) of 

16 section 205(a) (or commensurate action as pro17 vided in section 205(b))— 

18 (i) the action may only be taken after 

19 the requirements of sections 203 and 204 

20 have been satisfied; and 

21 (ii) the March 31 deadline to take the 

22 action shall not apply. 

23 (3) AUTHORITY FOR DELAY OF PRESIDENTIAL

24 ACTIONS.—The President may delay action de25 scribed in any of the paragraphs (11) through (18) 


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1 of section 205(a) (or commensurate action as pro2 vided in section 205(b)), as required under para3 graph (2), if the President determines and certifies 

4 to the appropriate congressional committees that a 

5 single, additional period of time, not to exceed 90 

6 days, is necessary— 

7 (A) for a continuation of negotiations that 

8 have been commenced with the country to re9 solve the unresolved case; or 

10 (B) in anticipation that the case will be re11 solved by such country during such 90-day pe12 riod. 

13 (c) IMPLEMENTATION.— 

14 (1) IN GENERAL.—In carrying out subsection 

15 (b), the President shall— 

16 (A) take 1 or more actions that most ap17 propriately respond to the nature and severity 

18 of the failure to resolve the unresolved cases; 

19 and 

20 (B) seek to the fullest extent possible to 

21 target action as narrowly as practicable with re22 spect to the agencies or instrumentalities of the 

23 foreign government that are responsible for 

24 such failures. 


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1 (2) GUIDELINES FOR PRESIDENTIAL AC2 TIONS.—In addition to the guidelines under para3 graph (1), the President, in determining whether to 

4 take 1 or more actions under paragraphs (11) 

5 through (18) of section 205(a) (or commensurate ac6 tion as provided in section 205(b)), shall seek to 

7 minimize any adverse impact on— 

8 (A) the population of the country whose 

9 government is targeted by the action or actions; 

10 and 

11 (B) the humanitarian activities of United 

12 States and foreign nongovernmental organiza13 tions in the country. 

14 SEC. 202. PRESIDENTIAL ACTIONS IN RESPONSE TO PAT15 TERNS OF NONCOOPERATION IN CASES OF 

16 INTERNATIONAL CHILD ABDUCTIONS. 

17 (a) RESPONSE TO A PATTERN OF NONCOOPERA18 TION.— 

19 (1) UNITED STATES POLICY.—It shall be the 

20 policy of the United States to— 

21 (A) oppose institutional or other systemic 

22 failures of foreign governments to fulfill their 

23 obligations pursuant to the Hague Abduction 

24 Convention or MOU, as applicable, to resolve 

25 abduction cases and access cases; and 


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1 (B) promote reciprocity pursuant to and 

2 compliance with the Hague Abduction Conven3 tion by Convention countries and compliance 

4 with the applicable MOU by MOU countries. 

5 (2) REQUIREMENT OF PRESIDENTIAL AC6 TION.—Whenever the President determines that the 

7 government of a foreign country has engaged in a 

8 pattern of noncooperation, the President shall pro9 mote the resolution of the unresolved cases through 

10 one or more of the actions described in subsection 

11 (c). 

12 (b) DESIGNATIONS OF COUNTRIES WITH PATTERNS

13 OF NONCOOPERATION IN CASES OF INTERNATIONAL

14 CHILD ABDUCTION.— 

15 (1) ANNUAL REVIEW.— 

16 (A) IN GENERAL.—Not later than March 

17 31 of each year, the President shall review the 

18 status of abduction cases and access cases in 

19 each foreign country to determine whether the 

20 government of such country has engaged in a 

21 pattern of noncooperation during the preceding 

22 12 months or since the date of the last review 

23 of such country under this subparagraph, 

24 whichever period is longer. The President shall 

25 designate each country the government of which 


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1 has engaged in a pattern of noncooperation as 

2 a Country With a Pattern of Noncooperation. 

3 (B) BASIS OF REVIEW.—Each review con4 ducted under subparagraph (A) shall be based 

5 upon information contained in the latest Annual 

6 Report and on any other evidence available. 

7 (2) DETERMINATIONS OF RESPONSIBLE PAR8 TIES.—For the government of each country des9 ignated as a Country With a Pattern of Noncoopera10 tion under paragraph (1)(A), the President shall 

11 seek to determine the agencies or instrumentalities 

12 of such government that are responsible for the pat13 tern of noncooperation by such government in order 

14 to appropriately target actions under this section in 

15 response. 

16 (3) CONGRESSIONAL NOTIFICATION.—Whenever 

17 the President designates a country as a Country 

18 With a Pattern of Noncooperation under paragraph 

19 (1)(A), the President shall, as soon as practicable 

20 after such designation is made, transmit to the ap21 propriate congressional committees— 

22 (A) the designation of the country, signed 

23 by the President; and 


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1 (B) the identification, if any, of responsible 

2 agencies or instrumentalities determined under 

3 paragraph (2). 

4 (c) PRESIDENTIAL ACTIONS WITH RESPECT TO A

5 COUNTRY WITH A PATTERN OF NONCOOPERATION.— 

6 (1) IN GENERAL.—Subject to paragraphs (2) 

7 and (3) with respect to each Country With a Pattern 

8 of Noncooperation designated under subsection 

9 (b)(1)(A), the President shall, after the require10 ments of sections 203 and 204 have been satisfied, 

11 but not later than 90 days (or 180 days in case of 

12 a delay under paragraph (2)) after the date of such 

13 designation of the country under such subsection, 

14 take 1 or more of the actions under paragraphs (11) 

15 through (18) of section 205(a) (or commensurate ac16 tion as provided in section 205(b)). 

17 (2) AUTHORITY FOR DELAY OF PRESIDENTIAL

18 ACTIONS.—If, on or before the date that the Presi19 dent is required to take action under paragraph (1), 

20 the President determines and certifies to the appro21 priate congressional committees that a single, addi22 tional period of time not to exceed 90 days is nec23 essary— 

24 (A) for a continuation of negotiations that 

25 have been commenced with the government of 


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1 such country to bring about a cessation of the 

2 pattern of noncooperation by such country, or 

3 (B) for a review of corrective action taken 

4 by such country after designation of such coun5 try as a Country With a Pattern of Non6 cooperation under subsection (b)(1)(A) or in 

7 anticipation that corrective action will be taken 

8 by such country during such 90-day period, 

9 the President shall not be required to take such ac10 tion until the expiration of such period of time. 

11 (3) EXCEPTION FOR ONGOING PRESIDENTIAL

12 ACTION.— 

13 (A) IN GENERAL.—The President shall not 

14 be required to take action under paragraph (1) 

15 with respect to a Country With a Pattern of 

16 Noncooperation if— 

17 (i) the President has taken action 

18 pursuant to paragraph (1) with respect to 

19 such country in a preceding year, such ac20 tion is in effect at the time such country 

21 is designated as a Country with a Pattern 

22 of Noncooperation under subsection 

23 (b)(1)(A), and the President submits to 

24 the appropriate congressional committees 

25 the information described in section 204 


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1 regarding the actions in effect with respect 

2 to such country; or 

3 (ii) subject to subparagraph (B), the 

4 President determines that such country is 

5 subject to multiple, broad-based sanctions 

6 imposed in significant part in response to 

7 human rights abuses and that such sanc8 tions also satisfy the requirements of this 

9 subsection. 

10 (B) ADDITIONAL REQUIREMENTS.—If the 

11 President makes a determination under sub12 paragraph (A)(ii)— 

13 (i) the report under section 204 and, 

14 as applicable, the publication in the Fed15 eral Register under section 208, shall 

16 specify the specific sanction or sanctions 

17 that the President has determined satisfy 

18 the requirements of this subsection; and 

19 (ii) such sanctions shall remain in ef20 fect subject to section 209. 

21 (d) RULE OF CONSTRUCTION.—A determination 

22 under this section that a foreign country has engaged in 

23 a pattern of noncooperation shall not be construed to re24 quire the termination of assistance or other activities with 

25 respect to such country under any other provision of law, 


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1 including section 116 or 502B of the Foreign Assistance 

2 Act of 1961 (22 U.S.C. 2151(n) or 2304). 

3 SEC. 203. CONSULTATIONS. 

4 (a) DUTY TO CONSULT WITH FOREIGN GOVERN5 MENTS.— 

6 (1) IN GENERAL.—As soon as practicable after 

7 the President makes a determination under section 

8 201 in response to failures to resolve unresolved 

9 cases and the President decides to take action under 

10 paragraphs (11) through (18) of section 205(a) (or 

11 commensurate action as provided in section 205(b)) 

12 with respect to that country, or not later than 90 

13 days after the President designates a country as a 

14 Country With a Pattern of Noncooperation pursuant 

15 to section 202(b)(1)(A), the President shall— 

16 (A) request consultation with the govern17 ment of such country regarding the failures giv18 ing rise to designation of that country as a 

19 Country With a Pattern of Noncooperation re20 garding the pattern of noncooperation or to ac21 tion under section 201; and 

22 (B) if agreed to, enter into such consulta23 tions with such country, privately or publicly. 

24 (2) DUTY TO CONSULT WITH LEFT-BEHIND

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1 hind parents who have an abduction case involving 

2 a child located in the country referenced in para3 graph (1)(A), or designated representatives or rep4 resentative groups of such left-behind parents, dur5 ing the course of the consultations conducted pursu6 ant to paragraph (1) concerning the potential impact 

7 of such consultations on the resolution of such cases. 

8 SEC. 204. REPORT TO CONGRESS. 

9 (a) IN GENERAL.—Subject to subsection (b), not 

10 later than 90 days after the President makes a determina11 tion under section 201 in response to failures to resolve 

12 unresolved cases and the President decides to take action 

13 under paragraphs (11) through (18) of section 205(a) (or 

14 commensurate action as provided in section 205(b)) with 

15 respect to that country, or not later than 90 days after 

16 the President designates a country as a Country With a 

17 Pattern of Noncooperation pursuant to section 

18 202(b)(1)(A), the President shall transmit to the appro19 priate congressional committees a report on the following: 

20 (1) IDENTIFICATION OF PRESIDENTIAL AC21 TIONS.—An identification of the action or actions 

22 described in section 205(a) (or commensurate action 

23 as provided in section 205(b)) to be taken with re24 spect to such country. 


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1 (2) DESCRIPTION OF VIOLATIONS.—A descrip2 tion of the failure to resolve an unresolved case or 

3 the pattern of noncooperation, as applicable, giving 

4 rise to the action or actions to be taken by the 

5 President. 

6 (3) PURPOSE OF PRESIDENTIAL ACTIONS.—A 

7 description of the purpose of the action or actions. 

8 (4) EVALUATION.— 

9 (A) DESCRIPTION.—An evaluation, in con10 sultation with the Secretary of State, the par11 ties described in section 203(b), and other par12 ties the President determines appropriate, of 

13 the anticipated impact of the Presidential ac14 tion upon— 

15 (i) pending abduction cases in such 

16 country; 

17 (ii) the government of such country; 

18 (iii) the population of such country; 

19 (iv) the United States economy; 

20 (v) other interested parties; and 

21 (vi) if such country is a Convention 

22 country or an MOU country, the reciprocal 

23 fulfillment of obligations pursuant to such 

24 Convention or applicable MOU, as applica25 ble. 


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1 (B) FORM.—The evaluation under sub2 paragraph (A) shall be transmitted in unclassi3 fied form, but may contain a classified annex if 

4 necessary. 

5 (5) STATEMENT OF POLICY OPTIONS.—A state6 ment that noneconomic policy options designed to 

7 resolve the unresolved case or bring about the ces8 sation of the pattern of noncooperation have reason9 ably been exhausted, including the consultations re10 quired in section 203. 

11 (b) DELAY IN TRANSMITTAL OF REPORT.—If, on or 

12 before the date that the President is required to submit 

13 a report under subsection (a) to the appropriate congres14 sional committees, the President determines and certifies 

15 to such committees that a single, additional period of time 

16 not to exceed 90 days is necessary pursuant to section 

17 202(c)(2), the President shall not be required to submit 

18 the report to such committees until the expiration of such 

19 period of time. 

20 SEC. 205. PRESIDENTIAL ACTIONS. 

21 (a) DESCRIPTION OF PRESIDENTIAL ACTIONS.—Ex22 cept as provided in subsection (c), the Presidential actions 

23 referred to in this subsection are the following: 

24 (1) A private demarche. 

25 (2) An official public demarche. 


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1 (3) A public condemnation. 

2 (4) A public condemnation within one or more 

3 multilateral fora. 

4 (5) The delay or cancellation of one or more 

5 scientific exchanges. 

6 (6) The delay or cancellation of one or more 

7 cultural exchanges. 

8 (7) The denial of one or more working, official, 

9 or state visits. 

10 (8) The delay or cancellation of one or more 

11 working, official, or state visits. 

12 (9) A formal request to the foreign country con13 cerned to extradite the individual who is engaged in 

14 abduction. 

15 (10) The restriction of the number of visas 

16 issued to nationals of such country pursuant to sub17 paragraphs (F), (J), or (M) of section 101(a)(15) of 

18 the Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(15)). 

20 (11) The withdrawal, limitation, or suspension 

21 of United States development assistance in accord22 ance with section 116 of the Foreign Assistance Act 

23 of 1961 (22 U.S.C. 2151n). 

24 (12) Directing the Export-Import Bank of the 

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1 poration, or the Trade and Development Agency not 

2 to approve the issuance of any (or a specified num3 ber of) guarantees, insurance, extensions of credit, 

4 or participations in the extension of credit with re5 spect to such government or the agency or instru6 mentality of such government determined by the 

7 President to be responsible for such unresolved case 

8 or pattern of noncooperation, as applicable. 

9 (13) The withdrawal, limitation, or suspension 

10 of United States security assistance in accordance 

11 with section 502B of the Foreign Assistance Act of 

12 1961 (22 U.S.C. 2304). 

13 (14) In accordance with section 701 of the 

14 International Financial Institutions Act of 1977 (22 

15 U.S.C. 262d), directing the United States executive 

16 directors of international financial institutions to op17 pose and vote against loans primarily benefitting 

18 such government or the agency or instrumentality of 

19 such government determined by the President to be 

20 responsible for such unresolved case or pattern of 

21 noncooperation, as applicable. 

22 (15) The denial, withdrawal, suspension, or lim23 itation of benefits provided pursuant to title V of the 

24 Trade Act of 1974 (19 U.S.C. 2461 et seq.), relat25 ing to the Generalized System of Preferences. 


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1 (16) Ordering the heads of the appropriate 

2 United States agencies not to issue any (or a speci3 fied number of) specific licenses, and not to grant 

4 any other specific authority (or a specified number 

5 of authorities), to export any goods or technology to 

6 such government or to the agency or instrumentality 

7 of such government determined by the President to 

8 be responsible for such unresolved case or pattern of 

9 noncooperation, as applicable, under— 

10 (A) the Export Administration Act of 1979 

11 (as continued in effect under the International 

12 Emergency Economic Powers Act); 

13 (B) the Arms Export Control Act; 

14 (C) the Atomic Energy Act of 1954; or 

15 (D) any other statute that requires the 

16 prior review and approval of the United States 

17 Government as a condition for the export or re18 export of goods or services. 

19 (17) Prohibiting any United States financial in20 stitution from making loans or providing credits to21 taling more than $10,000,000 in any 12-month pe22 riod to such government or to the agency or instru23 mentality of such government determined by the 

24 President to be responsible for such unresolved case 

25 or pattern of noncooperation, as applicable. 


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1 (18) Prohibiting the United States Government 

2 from procuring, or entering into any contract for the 

3 procurement of, any goods or services from such 

4 government or from the agency or instrumentality of 

5 such government determined by the President to be 

6 responsible for such unresolved case or pattern of 

7 noncooperation, as applicable. 

8 (b) COMMENSURATE ACTION.—Except as provided in 

9 subsection (c), the President may substitute any other ac10 tion authorized by law for any action described in sub11 section (a) if such action is commensurate in effect to the 

12 action substituted and if such action would further the 

13 purposes of this Act as specified in section 2(c). The Presi14 dent shall seek to take all appropriate and feasible actions 

15 authorized by law to resolve the unresolved case or to ob16 tain the cessation of such pattern of noncooperation, as 

17 applicable. If commensurate action is taken under this 

18 subsection, the President shall transmit to the appropriate 

19 congressional committees a report on such action, together 

20 with an explanation for taking such action. 

21 (c) EXCEPTIONS.—Any action taken pursuant to sub22 section (a) or (b) may not prohibit or restrict the provision 

23 of medicine, medical equipment or supplies, food, or other 

24 life-saving humanitarian assistance. 


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1 SEC. 206. EFFECTS ON EXISTING CONTRACTS. 

2 The President shall not be required to apply or main3 tain any action under section 205— 

4 (1) in the case of procurement of defense arti5 cles or defense services— 

6 (A) under existing contracts or sub7 contracts, including the exercise of options for 

8 production quantities, to satisfy requirements 

9 essential to the national security of the United 

10 States; 

11 (B) if the President determines in writing 

12 and transmits to the appropriate congressional 

13 committees a report that the government or the 

14 agency or instrumentality of such government 

15 to which such action would otherwise be applied 

16 is a sole source supplier of such defense articles 

17 or services, that such defense articles or serv18 ices are essential, and that alternative sources 

19 are not readily or reasonably available; or 

20 (C) if the President determines in writing 

21 and transmits to the appropriate congressional 

22 committees a report that such defense articles 

23 or services are essential to the national security 

24 of the United States under defense co-produc25 tion agreements; or 


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1 (2) to products or services provided under con2 tracts entered into before the date on which the 

3 President publishes in the Federal Register notice of 

4 such action in accordance with section 208. 

5 SEC. 207. PRESIDENTIAL WAIVER. 

6 (a) IN GENERAL.—Subject to subsection (b), the 

7 President may waive the application of any of the actions 

8 described in paragraphs (11) through (18) of section 

9 205(a) (or commensurate action as provided in section 

10 205(b)) with respect to a country, if the President deter11 mines and so reports to the appropriate congressional 

12 committees that— 

13 (1) the government of such country has satis14 factorily resolved any abduction cases or access cases 

15 giving rise to the application of any of such actions 

16 and— 

17 (A) if such country is a Convention coun18 try, such country has taken measures to ensure 

19 future compliance with the provisions of the 

20 Hague Abduction Convention; 

21 (B) if such country is an MOU country, 

22 such country has taken measures to ensure fu23 ture compliance with the provisions of the MOU 

24 at issue; or 


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1 (C) if such country was a nonparty country 

2 at the time the abductions or denials of rights 

3 of access resulting in the abduction cases or ac4 cess cases occurred, such country has become a 

5 Convention country or an MOU country; 

6 (2) the exercise of such waiver authority would 

7 further the purposes of this Act; or 

8 (3) the important national interest of the 

9 United States requires the exercise of such waiver 

10 authority. 

11 (b) CONGRESSIONAL NOTIFICATION.—Not later than 

12 the date of the exercise of a waiver under subsection (a), 

13 the President shall notify the appropriate congressional 

14 committees of such waiver or the intention to exercise such 

15 waiver, together with a detailed justification thereof. 

16 SEC. 208. PUBLICATION IN FEDERAL REGISTER. 

17 (a) IN GENERAL.—Subject to subsection (b), the 

18 President shall ensure publication in the Federal Register 

19 of the following: 

20 (1) DETERMINATIONS OF GOVERNMENTS, 

21 AGENCIES, INSTRUMENTALITIES OF COUNTRIES

22 WITH PATTERNS OF NONCOOPERATION.—Any des23 ignation of a country that the President has des24 ignated as a Country With a Pattern of Noncoopera25 tion under section 202(b)(1), together with, when 


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1 applicable and to the extent practicable, the identi2 ties of agencies or instrumentalities determined to be 

3 responsible for such pattern of noncooperation. 

4 (2) PRESIDENTIAL ACTIONS.—A description of 

5 any action under paragraphs (11) through (18) of 

6 section 205(a) (or commensurate action as provided 

7 in section 205(b)) and the effective date of such ac8 tion. 

9 (3) DELAYS IN TRANSMITTAL OF PRESI10 DENTIAL ACTION REPORTS.—Any delay in trans11 mittal of a report required under section 204. 

12 (4) WAIVERS.—Any waiver issued under section 

13 207. 

14 (b) LIMITED DISCLOSURE OF INFORMATION.—The 

15 President may limit publication of information under this 

16 section in the same manner and to the same extent as 

17 the President may limit the publication of findings and 

18 determinations described in section 654(c) of the Foreign 

19 Assistance Act of 1961 (22 U.S.C. 2414(c)), if the Presi20 dent determines that the publication of such informa21 tion— 

22 (1) would be harmful to the national security of 

23 the United States; or 

24 (2) would not further the purposes of this Act. 


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1 SEC. 209. TERMINATION OF PRESIDENTIAL ACTIONS. 

2 Any action taken under this Act or any amendment 

3 made by this Act with respect to a foreign country shall 

4 terminate on the earlier of the following two dates: 

5 (1) Not later than two years after the effective 

6 date of such action unless expressly reauthorized by 

7 law. 

8 (2) The date on which the President transmits 

9 to Congress a certification containing a determina10 tion of the President that the government of such 

11 country has resolved any unresolved case or has 

12 taken substantial and verifiable steps to correct the 

13 pattern of noncooperation at issue, as applicable, 

14 that gave rise to such action. 

15 SEC. 210. UNITED STATES ASSISTANCE. 

16 (a) IMPLEMENTATION OF PROHIBITION ON ECO17 NOMIC ASSISTANCE.—Section 116(c) of the Foreign As18 sistance Act of 1961 (22 U.S.C. 2151n(c)) is amended— 

19 (1) in paragraph (2), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (3)(B), by striking the period 

22 at the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 

25 ‘‘(4) whether the government has engaged in a 

26 pattern of noncooperation regarding abduction cases 


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1 or access cases, as such terms are defined in the 

2 Sean and David Goldman International Child Ab3 duction Prevention and Return Act of 2013.’’. 

4 (b) IMPLEMENTATION OF PROHIBITION ON SECU5 RITY ASSISTANCE.—Section 502B(a)(4) of the Foreign 

6 Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) is amend7 ed— 

8 (1) in subparagraph (A), by striking ‘‘or’’ at 

9 the end; 

10 (2) in subparagraph (B), by striking the period 

11 at the end and inserting ‘‘; or’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(C) has engaged in a pattern of non15 cooperation regarding abduction cases or access 

16 cases, as such terms are defined in the Sean 

17 and David Goldman International Child Abduc18 tion Prevention and Return Act of 2013.’’. 

19 SEC. 211. MULTILATERAL ASSISTANCE. 

20 Section 701 of the International Financial Institu21 tions Act (22 U.S.C. 262d) is amended— 

22 (1) by redesignating the second subsection (g) 

23 (as added by Public Law 105–292) as subsection 

24 (h); and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(i) In determining whether the government of a 

4 country engages in a pattern of gross violations of inter5 nationally recognized human rights, as described in sub6 section (a), the President shall give particular consider7 ation to whether such government has engaged in a pat8 tern of noncooperation regarding abduction cases or ac9 cess cases, as such terms are defined in the Sean and 

10 David Goldman International Child Abduction Prevention 

11 and Return Act of 2013.’’. 

12 SEC. 212. AMENDMENT TO GENERALIZED SYSTEM OF PREF13 ERENCES ELIGIBILITY FOR GENERALIZED 

14 SYSTEM OF PREFERENCES. 

15 Section 502(b)(2) of the Trade Act of 1974 (19 

16 U.S.C. 2462(b)(2)) is amended— 

17 (1) by inserting after subparagraph (H) the fol18 lowing new subparagraph: 

19 ‘‘(I) Such country is a country with a pat20 tern of noncooperation regarding abduction 

21 cases or access cases, as such terms are defined 

22 in the Sean and David Goldman International 

23 Child Abduction Prevention and Return Act of 

24 2013.’’; and 


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51 

•HR 1951 IH

1 (2) in the flush left matter after subparagraph 

2 (I) (as added by paragraph (1) of this section)— 

3 (A) by striking ‘‘and (H)’’ and inserting 

4 ‘‘(H)’’; and 

5 (B) by inserting after ‘‘D))’’ the following: 

6 ‘‘and (I)’’. 

Æ 


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