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SEAN AND DAVID GOLDMAN INTERNATIONAL

CHILD ABDUCTION PREVENTION AND RETURN

ACT OF 2013

MARKUP

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRTEENTH CONGRESS

FIRST SESSION

ON

H.R. 3212

OCTOBER 10, 2013

Serial No. 113–87

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

MATT SALMON, Arizona 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

ADAM KINZINGER, Illinois 

MO BROOKS, Alabama 

TOM COTTON, Arkansas 

PAUL COOK, California 

GEORGE HOLDING, North Carolina 

RANDY K. WEBER SR., Texas 

SCOTT PERRY, Pennsylvania 

STEVE STOCKMAN, Texas 

RON DESANTIS, Florida 

TREY RADEL, Florida 

DOUG COLLINS, Georgia 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

LUKE MESSER, Indiana 

ELIOT L. ENGEL, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

BRIAN HIGGINS, New York 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

ALAN GRAYSON, Florida 

JUAN VARGAS, California 

BRADLEY S. SCHNEIDER, Illinois 

JOSEPH P. KENNEDY III, Massachusetts 

AMI BERA, California 

ALAN S. LOWENTHAL, California 

GRACE MENG, New York 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

(III)

C O N T E N T S 

Page

MARKUP OF

H.R. 3212, To ensure compliance with the 1980 Hague Convention on the 

Civil Aspects of International Child Abduction by countries with which 

the United States enjoys reciprocal obligations, to establish procedures 

for the prompt return of children abducted to other countries, and for 

other purposes. ..................................................................................................... 2

Amendment to H.R. 3212 offered by the Honorable Alan Grayson, a Representative in Congress from the State of Florida ......................................... 52

APPENDIX 

Markup notice .......................................................................................................... 56

Markup minutes ...................................................................................................... 57

Markup summary .................................................................................................... 59

The Honorable Ileana Ros-Lehtinen, a Representative in Congress from the 

State of Florida: Prepared statement ................................................................. 60

(1)

SEAN AND DAVID GOLDMAN INTERNATIONAL 

CHILD ABDUCTION PREVENTION AND 

RETURN ACT OF 2013

THURSDAY, OCTOBER 10, 2013

HOUSE OF REPRESENTATIVES,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The committee met, pursuant to notice, at 9:35 a.m., in room 

2172 Rayburn House Office Building, Hon. Edward Royce (chairman of the committee) presiding. 

Chairman ROYCE. Pursuant to notice, we meet today to mark up 

the bipartisan bill HR 3212. 

The clerk will report the bill. 

Ms. MARTER. H.R. 3212, 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. 

[H.R. 3212 follows:]

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113m CONGRESS 

lS'J SE:SSlON H.R.3212 

To ens LIre compliance with the 1!)80 Hag-LIe Convention on the Civil Aspects 

of International Child Abduetion by countries witll which the United 

States enjoys reciprocal obligations, to establish procedures for the 

prompt rdurn of childrrn ahdurt"d to othrr count.rics, and for othrr 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2013 

Mr. S:'\HTH of New Jersey (for himself, Mr. MORAN, lVir. WOLF, Sir. MEADOWS, Ml'. KENNEDY, lVIl'. SHERMA'J. Mr. LIPIKSKI, Ml'. HOLDING, and 

Mr. Bl~ROE8SI inLrociLwed tile following bill; which was refet'red cO the 

Committee on Foreig'n Affairs 

A BILL 

To ensure compliance vvith tlle 1980 Hague Convention on 

tl1C Ci,~l Aspects of Inte11latiOllal Child Abduction hy 

countries with which tlle United States enjoys reciprocal 

obligations, to cstablish procedures for the prompt return 

of children abducted to other countrics, and for othcr 

purposcs. 

He d enacted by the SerIate and House of Represcnta2 tiues of the United States 
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TlTBJ.--This Aet may be cited as the 

3 "Sean and Da'lid Goldman International Child Abduction 

4 Prevention and Return Act of 2013". 

5 (h) TAKIJI<J OF CONTI<JNTS.-T11e table of contellts for 

6 this Act is as follows: 

SEX'. 1. Short title and table of contents. 

SEX'. 3. Findings; sense of Congress; purposes. 

SEX'. 3. Definitions. 

SEX'. 4. Funding. 

T'ITTJE I-DBPARTMBNT OF STATE ACTION8 

See. 101. Annual report. 

SEX'. 102. Standards and agsistance. 

SEX'. 103. Memorandum of undt'rstanding. 

SEX'. 10··1. Notification of congressional representatives. 

8e<.:. 201. 

SEX'. 202. 

Sec. 203. 

Sec. 204. 

SEX'. 205. 

SEX'. 206. 

SEX'. 207. 

Se{;. 208. 

TITLE ll-PRESLDENTL'lL ACTIONS 

Presidential adions in response to unresolw'd east's. 

Presidential actions in response to patterns of noneooperat.ion in 

eases of international child abduetions. 

Consultations w-ith foreign governments. 

Report to Congress. 

Presidential actions. 

Presidential waiver. 

Puhlication in Federal Register. 

Termination of Presidential actions. 

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

8 (a) FI).,TDINGS.-CongTess finds the following: 

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

10 residel1t of New .Jersey, was abducted from the 

11 United States in 2004 and separated fr011:1 his fa12 ther, David Goldman, who spent nearly six years 

13 lmttling for the return of hifi fion from Brazil 11efo1'e 

14 Sean was finally returned to Mr. Goldman's eustody 

15 on December 21, 2009. 
4


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.. 

;) 

1 (2) The Department of State's Office of Chil2 elI'en's Issues, which serves as the Central Authority 

3 of the United States for the pU1110ses of the IBRO 

4 Hague Convention on the Civil Aspects of Inter5 national Child Abduc-tiofl, has reeeived thousands of 

6 requests since 2007 for assistance in the return to 

7 the United States of children who have been ab8 duded by a parent or other legal gnardian to an9 other country. For a variety of reasons reflecting the 

10 sig'tlifieallt obstaC'les to the recovery of abdueted chi1-

11 dren, as well as the legal and factual complexity in12 vo1ving such cases, not all cases are reported to the 

13 Central Authority of the United States. 

14 (3) More than one thousand outgoing inter15 national ehild abduetiom; are reported to the Central 

16 Authority of tl1e United States every year. 

17 (4) Only about half of the children abducted 

18 from the ruited States to eouutries with which the 

19 United States ell.ioys reeiprocal obligations under the 

20 Hague Abduction Convention are returned to the 

21 Uuited States. 

22 (5) The United States and Convention coun23 tries have expressed their desire, through the Hague 

24 Abduction Convention, "to protect children illter25 nationally from the harmful effects of their wrongful 
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4 

1 removal or retention and to establish procedures to 

2 ensure their prompt return to the State of their ha3 bitual reRidence, aR well aR to Recure protection for 

4 rights of access.". 

5 (6) Compliafl(·.e by the United States and (;Ofl6 vention countries depends on the actions of their 

7 designated central authorities, the performance of 

8 tlleir judiciaries as ret1ected in the legal process aml 

9 decisions rendered to enforce or effectuate the 

10 Hague Abductioll COllvention, and the ability and 

11 willingneRs of their law enforeement to insure the 

12 swift enforcement of orders rendered pursuant to the 

13 Hague Abduction COllvention. 

14 (7) According to data compiled by the Central 

15 Authority of the rnited States, approximately 40 

16 percent of abcluction cases and access cases involve 

17 children taken from the United States to countries 

18 with which the United States does not have Hague 

19 Abduction Convention obligations or other agree20 ments relating to the resolution of abduction cases 

21 and access cases. 

22 (8) According to the Departlnent of State's 

23 April 2010 Report OIl Compliance with the Hague 

24 Convention 011 tlle Civil Aspects of Intemational 

25 Child Abduction, "parental child abduction jeopard-
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5 

1 lzes the child and has substantial long-term con2 sequences for both the child and the left-behind par3 ent.". 

4 (9) Abducted children are at risk of serlOUS 

5 emotional alld psychological problems and have been 

6 found to eJq)erience arn3ety, eating problems, night7 mares, mood sv"lings, sleep disturbances, aggressive 

8 bell3"vior, resentment, guilt and fearfulness, and as 

9 adults may struggle vvith identity issues, personal re10 latiotlships, and parentitlg. 

11 (10) Left-hehind parents may encounter Rul,-

12 stantial psychological and emotional problems, and 

13 few have the extraordinary fiuanC'ial reSOUI"C'es neC'-

14 essary to pursue individual ci'vil or criminal remedies 

15 in both the United States and a forcigl"l country, 

16 even where available, or to engage ill repeated for17 eigTl travel to attempt to procure the return of their 

18 children by evoking diplomatic and humanitarian 

19 remedieR. 

20 (11) Left-behind parents who arc military par21 eats may be unable to leave their military duties to 

22 pursue multinational litigation or take leave to at23 tend multiple court proeeedings, amI foreign authori24 ties may not selledule proeeedings to aceommodate 

25 such duties. 
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6 

1 (b) SENSE OF CONGRESS.-It IS the sense of Con2 g-ress that the r nited States should set a strong example 

3 for Convention countries in the timely location and return 

4 of abducted children in the United States whose habitual 

5 residem·e is not the United States. 

6 PURPOSES.-The purposes of this Act are to7 (1) protect children whose habitual residence is 

8 tlle Cnited States from the harmful effeets of ahduc9 tion and to assist left-behind parents to have access 

10 to their abducted child ill a safe and predictable 

11 manner, wherever the child is located, while an ab12 duetion case is pending; 

13 (2) provide left-behind parents, including mili14 tary parents, their advocates, and judges the infor15 mati on they need to enhance the resolution of abduc16 tiOll cases and access cases through established legal 

17 procedures, risk assessment tools, and the practical 

18 means for overcoming obstacles to recovering au ab19 dncted child; 

20 establish measured, effective, and pretlict21 able actions to be undertaken by the President on 

22 behalf of abducted children wbose habitual residence 

23 is the Ullited States at the time of the abductioIl; 

24 (4) promote an intematiollal consensus that it 

25 IS in the interest of children to have any issues 1'e-
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7 

1 lated to their care and custody determined III the 

2 eountry of their habitual residellee; 

3 (:1) provide the neceSf:;ary training for officials 

4 of the United States .clrmed Forces and the Depart5 merit of Defense to establish policies alld provide 

6 services to military parents that address the unique 

7 eireumstanees of abdudiom; and 'violations of rig'lits 

8 of access tllat may oecur ~with regard to military de9 pendent children; and 

10 (6) encourage the effeetive implementation of 

11 international mechani8ms, particularly tho8e e8tah12 lished pursuant to the Hague Abduction Convention, 

13 to aehieve reeiproeity in the resolutioll of abductions 

14 and to protect children from the harmful effects of 

15 an abduetion. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) ABDUCTED CHILD.-The term "abdud.ed 

19 child" mean8 a child who is the victim of an ahdnc20 tion. 

21 (2) ABDUCTlON.-The term "abduction" 

22 lneans23 

24 

(1:\) the alleged wrongful removal of a child 

from tlle child's cmmtry of 11abitual residellce: 
9


85106a-8.eps

8 

1 (n) the alleged wTongful retention of a 

2 child outside the ehild's eoulltry of habitual res3 idenee; or 

4 (C) the alleged wrongful removal or reten5 tiofl of a military dependent child from the ex6 ercise of rights of custody of a military parent. 

7 (3) iillDUCTIOK CASE.-The term "abduction 

8 ease" meallS a case involving an application filed 

9 with the Central Authority of the L nited States by 

10 a left-behind parent for the resolution of an abdue11 tion. 

12 (4) ACCESS CASE.-The term "access ease" 

13 means a case involviug an applieatioll filed with the 

14 Central Authority of the United States by a left-be15 hind parent for the establishment of rights of access. 

16 (5) ANKUATJ HF::POHT.-fl'he term "Annual Re17 port" means the Annual Report on International 

18 Child Abduetioll required under sedioll 101. 

19 (6) lll'PLICATION.-The term "application" 

20 means21 m the case of a COIlvention country, 

22 the application required pursuant to article 8 of 

23 the Hague Abduction COHvention; 

24 (8) in the ease of an MOU eountT}-, tlle 

2S formal document required pursuant to the pro-
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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

9 

visions of the applicable ::VIOD to request the return of an abducted child or to request rights 

of accef'if'i, as applicable; and 

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

for'fllal request by the Celltral Authority of tlle 

l~nited States to the Central Authority of such 

country requesting the return of an abducted 

cllild or for rights of access to an ahductefl 

child. 

(7) ApPROPRL~TE COKGRESSIO::-JAL CC)}IMIT11 TEE8.-The term "appropriate congreRRional com12 mittees" 11:1ea11S the Committee on Foreign Affairs of 

13 the House of Hepresentatives and the Committee on 

14 Foreign Helations of the Senate. 

15 (8) CEKTRAL AUTHORITY.-The term "Central 

16 Authority" mea11S17 (A) in the case of a Convention country, 

18 the meauing given such term in article 6 of the 

19 Hague Ahduction Convention; 

20 (B) in the case of an MOr country, the of21 ficial entity designated by the government of 

22 the MOD country within the applicable MOD 

23 pursuant to section l03(b)(1) to discharge the 

24 cluties imposed on the entity in SUCll lVI 0 U; and 
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10 

1 (e) in the case of a nonparty country, the 

2 foreign ministry of such country. 

3 CIIILD.-The term "child" means an indi4 vidual who has not attained the age of 1 G. 

5 (10) CONVl<JN'I'ION COlTN'I'HY.-The term "(;Ofl6 vention country" means a country other than the 

7 United States that has ratified, aeeeded, or sue8 ceeded to the Hague Abduction COllvention and with 

9 respect to which the United States has entered into 

10 a reciprocal agreement pursuant to the Hague Ab11 dnction Convention. 

12 (11) IL~GUE ABDUCTION CO~v"ENTION.-The 

13 term "Hague Abduction Convention" meallS the 

14 Conyention on the Civil Aspects of International 

15 Child Abduction, done at The Hague on October 25. 

16 1 D80. 

17 (12) LEFT-BEHIND PARENT.-The term "left18 behind parent" meallS all iudividual or entity, either 

19 indiyidually or jointly, ,vho allege8 that an ahduction 

20 has occurred that is in breaeh of rights of custody21 (A) attributed to such individual or entity, 

22 as applicable; and 

23 (B) exercised at the time of the abduction 

24 or that would llave been exercised but for tlle 

25 abduction. 
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11 

1 (13) LEGAL RESIDENCE.-The term "legal resi2 dence" meaHS the congressional district and State in 

3 which an individual either is residing, or if an indi4 vidual is residing temporarily outside the United 

5 States, tIle C'ofigressioflH.l district and State to vvllieh 

6 the individual intends to return. 

7 (14) MILITARY DEPEKDENT CHILD.-The term 

8 "military depemlent cllild" means a child wl10se lla9 bitual residence is the L nited States according to 

10 United States law even though the child is residing 

11 outside the United States \vith a military parent. 

12 (15) }IILITARY rARENT.-The term "lnilitary 

13 parent" means an individual who has rights of cus14 tody over a child and who is serving outside the 

15 United States as a member of the United States 

16 Armed J<'orc·es. 

17 (16) MOlL-The term "MOU" means a memo18 ramlUIll of understanding between the United States 

19 and a country that is not a Convention conntry to 

20 resolve abduction cases and aceess cases. 

21 (17) MOU COU\lTRY.-The term "MOl~ couu22 try" means a country with respect to whieh the 

23 United States has entered illto an YIOU. 
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1 (18) 

12 

NOKPAB.TY COUNTIIY.-The term 

2 "nonparty eountry' , means a eountry that is neither 

3 a Convention country nor an }IOU country. 

4 (19) PATTERK OF KONCOOI'ERATIOK.-

5 TN GEl\i'JH.AI,.-The term "pattem of 

6 noncooperation" means the persistent failure7 (i) of u Convention e.ountry to imple8 ment and abide by the 1)1'O'\l81011S of the 

9 lIague Abduction Convention; and 

10 (ii) of an MOD country to implement 

11 and ahide by the provisions of the applica12 ble MOC 

13 (B) CHIT1<JIWL-Sueh persistent failure 

14 may be evidenced by one or more of the foIlS lowing eriteria: 

16 (i) The existenc'e of 10 or more unre17 solved abduction cases. 

18 (ii) The failure of the Central Author19 ity of the country to fulfill its responsihil20 ities pursuant to the Hague Abduetion 

21 Convention or the MOD, as applicable. 

22 (iii) The failure of the judicial or ad23 millistrative brauch, as ayplieable, of the 

24 llational government of the country to im25 plement and comply vvith the provisions of 
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I " ;) 

1 the Hague Abduction Convention or the 

2 MOU, as applicable. 

3 (iv) The failure of law enforcement to 

4 locate abducted children or to enforce re5 turn orders or determinations of rights of 

6 access rendered by the judicial or adminis7 trative authorities of the national govern8 ment of the country in abduction cases or 

9 access cases. 

10 (20) HIGHTS OF ACcESS.-The term "rights of 

11 access" means the rights of contart between a child 

12 and a left-behind parent provided as a provisional 

13 measure while all abduction case is pending', by op14 eration of law or by reason of judicial or administra15 tive determination or by agreement having legal d16 fect, under the law of the country ill wl1ich the child 

17 is located. 

18 (21) RIGHTS OF CUSTODY.-The term "rights 

19 of custody" me am; right$ of ('are and cm;tody of an 

20 abducted ('hild, ineluding the right to determine the 

21 place of residence of an abducted child22 (A) attributed to an individual or entity, 

23 either individually or joiutly, a.lld 
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14 

1 (ll) arising by operation of law or by rea2 SOll of a judieial or administrative decisiou, or 

3 by reason of an agreement having legal effect, 

4 under the law of the country in vvhich the child was 

5 an habitual resident immediately before tIle abdue6 tion. 

7 (22) r:\TRESOLv'ED ABDUCTION CASE.-

8 (A) IN GR"fREAh-Suqject to subpara9 graph (ll), the term "unresolved abduction 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

case" means an abduetioll case that remains 

unresolved for a period that exceedR 1HO daYR 

after the date on vvhieh the completed application for return of the ehild is submitted for determination to the judicial or administrative authority, tt:s applicable, in the c.ountry in which 

the e11i1d is loeated. 

(B) RESOLUTIO"f OF c~sE.-A.:n abduction 

ease shall be eonsidered to be resolved if--

(i) the child iR returned to the country 

of habitual residence, pur:suant to the 

Hague Abduction COHvention or MOr, if 

applicable; 

(ii) the judieial or administrative 

branel1, as applicable, of the national government of the eountry in which the child 
16


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1 

2 

3 

4 

5 

6 

7 

8 

15 

IS located has implemented and is complying with the provisions of the Hague 

Abduction Convention or the MOTT, as applicable, and a final determination is made 

by suc·h judicial or arlmiflistrative bl"allc'h 

that the child will not be returned to the 

country of habitual residence; or 

(iii) tlle child attains the age of 1 G. 

9 SEC. 4. FUNDING. 

10 Amounts necessary to carry out this Act shall be 

11 taken out of the discretionary funds available to the Ser12 retary of State for each of the fiscal years 2014 through 

13 2018. 

14 TITLE I-DEPARTMENT OF 

15 STATE ACTIONS 

16 SEC. 101. ANNUAL REPORT. 

17 (a) IN GE~ER.AL.-Not later than March 31 of each 

18 year, the Secretary of State shall submit to the appro19 priate congressional committees an 1:\nnua1 Heport on 

20 International Child Abduction. 

21 (b) COKTEK'l'S.-Each ABuual Report shall inelude 

22 the follmving: 

23 (1) A list of all eountries with respeet to whieh 

24 tllere were Ol1e or more abduetioll eases durillg tlle 

25 preeeding year that identifies whether each such 
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1 country is a Convention country, an MOL" country, 

2 or a nOllparty country. 

3 (2) For each count.ry with respect to which 

4 there were 5 or 1110re abduction cases during the 

5 preceding year: 

6 (A) The number of abduction eases and 

7 the number of access cases, respectively, re8 ported during the preceding year. 

9 (B) The number of abduction cases and 

10 the number of aceess eases, respectively, that 

11 are pending as of March 1 of the year in whieh 

12 such ",,\nnua1 Report is subTnitted. 

l3 (CHi) For COllvention and MOlT eountries, 

14 the number of abduction eases and the number 

15 of access cases, respectively, that were pending 

16 at allY poillt for more th3.11 180 days after t11e 

17 date on ~whieh the Central Authority of the 

18 l~Hited States trallsmitted the complete appllca19 tion for each such case to the Central Authority 

20 of such eountry, and were not submitted by the 

21 Central Authority to the judieial or administra22 tive authority, as applicable, of such country 

23 vvithin the ISO-day period. 

24 (ii) '1'he reason for tl1e delay in submission 

25 of each ease identified in clause (i) by the Cen-
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2 

3 

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5 

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7 

8 

9 

10 

11 

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13 

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20 

21 

22 

23 

24 

25 

17 

tral Authority of such country to the judicial or 

administrative authority. 

(D) The number of unresolved abduction 

cases, and the length of time each case has 

been pending. 

(E) The number of unresolved abduction 

cases in which a completed application has been 

filed and law enforcement 11as failed to locate 

the abducted child or to enforce a return order 

rendered by the judicial or administrative authorities of such country. 

(F) The median time required for resolution of abduction cases during the preceding 

year, to be measured from the date on which 

the application with respect to the abduction 

case is transmitted hy the Central Authority of 

the United States to the Central Authority of 

such eountry to the date OIl which the abduetion C8se is resolved. 

(G) The percentage of the total nUHiber of 

abduetion eases and aeeess eases, respeetively, 

resolved during the preceding year. 

(H) Detailed information about eaeh lUlresolved abduction case deserihed ill subparagTaph (E) and on actions taken by the Depart-
19


85106a-18.eps

18 

1 ment of State to resolve such case, including 

2 the specific actions taken by the l~llited States 

3 chief of mi""ion in "u('h eountry. 

4 (I) Recommendations to improve resolution 

5 of abduction eases and access eases. 

6 (B) The number of abducted children from the 

7 United States who were returned to the United 

8 States from COllvention countries, MOU countries, 

9 and nonparty eountries, respectively. 

10 (,d) A list of COllvention countries and MOU 

11 eonntrie" that have failed to eomply vvith any of 

12 their obligations under the Hague Abduction Con13 vention or the MOU, as applieable, with respect to 

14 the resolution of abduction cases and access cases. 

15 A list of eountries demonstrating a pattern 

16 of noncooperation, and a summary of the criteria on 

17 which the determination of a pattern of noncoopera18 tiOll for each country is based. 

19 (fi)(A) Information on effortR by the Se('retary 

20 of State to encourage other countries to beeome sig'-

21 tlatories to the Hagtle Abduction Convention or to 

22 enter into an MOl~. 

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

24 shall include efforts to aodress pending abduetion 

25 cases and aceess cases in sueh countries. 
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85106a-19.eps

19 

1 (7) A description of the efforts of the Secretary 

2 of State to enc~ourage Convention countries and 

3 :J;IOU countries to facilitate the work of nongovern4 mental organizations vvithin their respective counS tries that assist left-bellind parellts. 

6 (c) EXCEPTIO:..T.-The Annual Heport shall not lU7 dude8 (1) tlle llames of left-behind parents or children 

9 involved in abduction cases or access cases; or 

10 (2) information that may identify a party lIl11 volved in an ahduction case or access case unlesR the 

12 party stipulates in writing to the Central Authority 

13 of the United States that such information may be 

14 included in the Annual Heport. 

15 (d) ADDITIOKAL THEJ\:L~TIC SECTIO:..TS.-Each An16 nual Report shall also inelude17 (1) information on the number of unresolved 

18 abduction cases affecting left-behind parellts who 

19 are military parents and a summary of aRsistance of20 fercd to such left-behind parents; 

21 (2) information on the use of airlines ill abduc22 tions, voluntary airline practices to prevent abdue23 tiOHS, and recommemlatiolls for best airline practices 

24 to prevent abduetiOllS; 
21


85106a-20.eps

20 

1 (3) information on actions taken by the Central 

2 Authority of the United States to train domestic 

3 judges in application of the Hague Abduction Con4 vention; and 

5 (4) i nformatioll Ofl actions taken by the Central 

6 Authority of the United States to train United 

7 States Armed Forces legal u88i8tance per:sonneL 

8 military chaplaills, and military family snpport cen9 tel' personnel about abductions, the risk of loss of 

10 access to children, aud the legal frameworks avail11 able to resolve such cases. 

12 (e) REPKAL OF THE IhGUE COl\i'V'EKTIOK COMPLI13 A~"\ICJij RHJPOR'l'.-Seetiol1 2803 of the Foreig'Il Affairs Re14 fornl and Restructuring Act of 1998 (42 U.S.C. 11611) 

15 i:s repealed. 

16 SEC. 102. STANDARDS AND ASSISTANCE. 

17 The Secretary of State shall ensure that United 

18 States diplomatic and consular missions abroad19 (1) maintain a consistent reporting standard 

20 with respect to abduction ca8e:s and acce:ss ca:SC8 in21 volviug abducted children ill the country in 'vvhich 

22 such mission is located for pUl1)oses of the Annual 

23 Report; 

24 (2) designate at least one offieial in each such 

25 mission to assist left-behind parents from the United 
22


85106a-21.eps

21 

1 States who are visiting such country to resolve cases 

2 involving au abduction or rights of access; and 

3 (:i) monitor developmentR in caReR involving ab4 ducted children in the country in which such mission 

5 is located. 

6 SEC. 103. MEMORANDUM OF UNDERSTANDING. 

7 (a) IN GENERAL.-The Secretary of State should 

8 seek to enter into an MOU v'\~tll every country that is 110t 

9 a Convention country and is unlikely to become a Conven10 tiou coulltry ill the forseeable future, that ineludes11 (1) identification of the Central Authority; 

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

13 the return of an abducted ehild identified in an ab14 duetion case not later than 6 weeks after the appli15 cation with re:spect to the abduction ease Ims been 

16 submitted to the judicial or admillistrative authority, 

17 as applicable, of the country in ~which the abducted 

18 ehild is located; 

19 (:i) a protocol for the eRtahliRhment and protec20 tion of the rights of access; 

21 (,1) identification of the judieial or administra22 tive authority that will promptly adjudicate abdue23 tiOll cases atld access cases: 

24 (5) identifieation of a law ellforeement agenc~.v 

25 and available law enforcement meehanisms and pro-
23


85106a-22.eps

22 

1 cedures to ensure the immediate enforcement of an 

2 order issued by the authority identified pursuant to 

3 paragraph (4) to return an abducted child to a left4 behind parent, including by5 (A) eonducting an investigation to ascer6 tain the location of the abducted child; 

7 (B) providing proteetion to the abducted 

8 c11i1d after such child is located; and 

9 (C) retrieving the abducted child and mak10 iug the appropriate arrangements for such child 

11 to be returned to the C'ountry of habitual rel'u12 dence; 

13 (6) a protoeol to establish periodie visits be14 tween a United States embassy or consular official 

15 and an abducted child to allow the official to aseer16 tain the child's location and welfare; and 

17 (7) such other pr<Jvisions as detenninecl to be 

18 appropriate by the Seer-etary of State. 

19 (b) RULE OF CONSTEUCTION.-

20 (1) IN GENEE~~.-Nothing in this Act shall be 

21 cOllstrued to prohibit the United States from pro22 posing and entering into a memorandum of under23 standing with a COllventioll eOlwtry to further elar24 if~y the reciproeal obligations of the United States 
24


85106a-23.eps

1 and the Convention country under the Hague Ab2 duction ConventioIl. 

3 (2) TRE~\TMENT OF OBLIGATIONS OF CO~",\'EN4 TION COrNTRY.-In those instances in which there 

5 is a memorandum of understanding as describefl ill 

6 paragraph (1), the obligations of the Convention 

7 c.ountry under such mernonmdum shall be consid8 ered to be obligations of such cOlmtry under the 

9 Hague Abduction Convention for purposes of this 

10 Act. 

11 SEC. 104. NOTIFICATION OF CONGRESSIONAL REPRESENT12 ATIVES. 

13 (a) ~OTU'lGA'1'lON.-Except as provided in sub14 section (b), the Secretary of State shall notify in ,vriting 

15 the Member of CongTess and Senators representing the 

16 legal reside1lC~e of a left-behim] parent when such parellt 

17 reports an abduction to the Central Authority of the 

18 United States. 

19 (b) .EXCEPTION.-'1'he notification requirement under 

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

21 does Hot consent to the llotification described ill such sub22 section. 

23 (c) ME}IBER OF CONGRESS DEFINED.-In this sec24 tioll, the term "Member of CongTess" means a Represent-
25


85106a-24.eps

24 

1 ative in, or Delegate or Resident Commissioner to, the 

2 CongTess. 

3 TITLE II-PRESIDENTIAL 

4 ACTIONS 

5 SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRE· 

6 SOLVED CASES. 

7 (a) RESPONSE TO I~TERNATIOK!lli CHILD ~\BDUC8 TTONS.-

9 (1) LNITED STATES POLICY.-It shall be the 

10 policy of the United States toII (A) promote the be8t intere8t of children 

12 abducted from the United States by establ3 lishiug legal rights and proeedures for their 

14 prompt return and by promoting sueh rights 

15 and proeedures through actions that ensure the 

16 enforcement of reciprocal international obliga17 tions; and 

18 (B) recognize the international cha racter 

19 of the Hague Abduction Convention, and the 

20 need for reciproeity pursuant to and the uni21 form intematiollal interpretation of the Hague 

22 Abduction Convention, by promoting the timely 

23 resolutioll of abductioll eases through Olle or 

24 more of tlle actions described ill sectioll 205. 
26


85106a-25.eps

25 

1 (2) H,E QUIREl\IE KT OF PRESIDENTIAL AC2 TION.-\Vhenever the President determines that the 

3 government of a foreign country has failed to resolve 

4 an unresolved abduction case, the President shall op5 pose sueh failure througl1 one or m()l"e of the actions 

6 described in subsection (b). 

7 (b) PRESIDENTIAL ACTIONS.-

8 (1) IN GF:NF:RAL.-Sul~ject to paragraplls (2) 

9 and (3), the President, in consultation vvith the Sec10 retary of State, shall, as expeditiously as practicable 

11 in response to the failure described in snhRection (a) 

12 by the government of a foreign country, take one or 

13 more of the actions described ill paragraphs (1) 

14 through (12) of seetion 205(a) (or commensurate ac15 tion as provided in seetion 205(b)) with respect to 

16 snch country. 

17 (2) DEADLINE FOR I~CTIONS.-

18 (A) IK OENERAI .. -Except as provided m 

19 i'mhparagraph (B), not later than ~Vlarch :n of 

20 each year, the President shall take one or more 

21 of the actions desc·ribed in paragraphs (1) 

22 through (12) of section 205(a) (or commensu23 rate action as provided in sectioll 205(b)) with 

24 respect to eael1 foreign country the government 
27


85106a-26.eps

2G 

1 of which has failed to resolve an unresolved ab2 duetion case that is pending as of such date. 

3 (B) EXCEPTIOK.-In the eafje of an action 

4 under any of paragraphs (10) through (12) of 

5 sec-tiorJ 205(a) (or eommeflsurate action as pro6 vided in section 205(b))-

7 (i) the aetion may only be taken after 

8 the requirements of sectiolls 20:3 am] 204 

9 have been satisfied; and 

10 (ii) the :\Iarc-h 31 deadliue to take the 

11 action shall not apply. 

12 (3) AUTHORITY FOR DELAY OF PRESIDE:.JTIAL 

13 ACTlONS.-The President may delay aetion de14 scribed in any of the paragraphs (10) through (12) 

15 of section 205(a) (or eommensurate adion as pro16 videcl ill sec-finll 205(b)), as required under para17 graph if the President determines and certifies 

18 to the appropriate c-otlgressional committees that an 

19 additional, sperified period of time ifj neceSS31Y for 

20 a continuation of negotiations that have been COlH21 menced with the eountry to resolve the ullresolved 

22 case. 

23 IMPLEJliIENTATION.-

24 (1) I:.J GR~RAh-In CarT)'llg out subsection 

25 (b), the President sha11-
28


85106a-27.eps

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

27 

(A) take one or more actions that Inost appropriately respond to the nature and severity 

of the failure to resolve the unresolved abduction cases; and 

(B) see], to the fullest extent possible to 

target action as narrowly as practicable vvith respect to the a~zencies or instrumentalities of the 

foreign govenlmellt that are responsible for 

such failures, in ways that respect the separation of powers and iudepeudenee of the judiciary in foreign countries. 

(2) GrIDELINES FOR rRESIDENTL~ AC13 TlONS.-In addition to the guidelines uuder para14 graph (1), the President, in determining whether to 

15 take one or more actions under paragraphs (10) 

16 tlm)ugh (12) of section 205(a) (or commensnrate ac17 tion as provided in section 205(b)), shall seek to 

18 mi uimi,,;e any ad verse impact OIl19 (A) the population of the country whose 

20 government is targeted by the aetion or aetions; 

21 and 

22 (B) the humanitarian activities of United 

23 States and foreign nongovernmental orgam,,;a24 tiOllf; ill the country. 
29


85106a-28.eps

28 

1 SEC. 202. PRESIDENTIAL ACTIONS IN RESPONSE TO PAT2 TERNS OF NONCOOPERATION IN CASES OF 

3 INTERNATIONAL CHILD ABDUCTIONS. 

4 (a) RESPONSE TO A PATTERN OF KONCOOPERA5 TION.-

6 (1) rNITED ST~~TES POLICY.-It shall be the 

7 poliey of the United States to8 (A) oppose institutional or other s;'Tstemic 

9 failures of foreign governments to fulfill their 

10 obligations pursuant to the Hague Abduction 

11 Convention or l\10 C, as applicahle, to resolve 

12 abduction cases and access cases; and 

13 (B) promote reciprocity pursuant to and 

14 compliance \\;}th the Hague Abduction Conven15 tion by Convention eountries and complianee 

16 

17 

v.;}th the applical11e lVlOU by MOl] eonntries. 

(2) H.EQUIRElVlliKT OF PRESIDENTIAL AC18 TION.-\\'henever the President determines that the 

19 government of a foreign counhy has engaged in a 

20 pattern of noncooperation, the President shall pro21 mote the resolution of the Ullresolved abduction 

22 cases through one or nlOre of the actions described 

23 in suhseetion (c). 

24 (h) DESIGNATIOKS OF COU)JTRIES WITH P~~TTER)J8 

25 OF NOKCOOPEK~TIO)J IN C~~SES OF INTERNATIO)JAL 

26 CHILD ABDUCTION.-
30


85106a-29.eps

29 

1 (1) AN~lJAL REvl:EW.-

2 (A) 11\ GENEIL~.-Not later than Mareh 

3 :n of eilch year, the Pre;;;;ident ;;;;ha11 review the 

4 status of abduction cases and access cases in 

5 eaeh foreig'lI C'Otl f1tf"y to determi fie \vhether t11e 

6 goyernment of such country has engaged in a 

7 pattern of noncooperation during the pree.eding 

8 12 months or since the date of the last rev'iew 

9 of such country under this subparagraph, 

10 whichever period is longer. The President shall 

11 desigIlate each ('onntry the gOYf~rnment of whi('h 

12 has engaged in a pattern of noncooperation as 

13 a Country \Vith a Pattern of NOHeooperation. 

14 (B) BASIS OF REvl:EW.-Each review con15 eluded under subparagTttph (A) shall be ba:sed 

16 upon information eOlltailled in tl1e latest Annual 

17 Report and on any other evidence available. 

18 (2) DETERMIK~TIONS OF RESPONSIBLE PAR19 TIEs.-For the gow~rnment of each country des20 ignated u:s a Country,Vith a Pattern of Noncoopera21 tiOll under paragraph ( 1 ) (A), the President shall 

22 seek to determine the agencies or instrumentalities 

23 of suell government that are responsible for the pat24 tern of noncooperation by SUell g<wel'llment in order 
31


85106a-30.eps

30 

1 to appropriately target actions under this section in 

2 response. 

3 (:i) CONGRE88IOK~\L NOTIFICATIOK.-\Vhenever 

4 the President designates a country as a Country 

5 \Vith a Pattern of ~o[Jcooperatioli u mler paragraph 

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

7 after such designation is made, transmit to the ap8 propriate cOllgl'essional eommittees9 (A) the designation of the country, signed 

10 by the President; amI 

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

12 ageneies or instrumentalities determined under 

13 paragraph 

14 (c) PRESIDENTBL ACTIONS WITH RESPECT TO A 

15 COrNTRy,VITH A PATTERK OF KONCOOPERATION.-

16 (1) IN GF:NRRAL.-Sul~jeet to paragraplls (2) 

17 and (3) with respect to each Country vVith a Pattern 

18 of N ollcooperatiotl designated under subseetioll 

19 (b)( 1 HA), the President shall, after the reqnire20 ments of sections 203 and 204 have been satisfied. 

21 but Hot later than 90 days (or 180 days in ease of 

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

23 designation of the eountry under such subsection, 

24 take one or more of the actions nnder paragraphs 
32


85106a-31.eps

31 

1 (10) through (12) of section 205(a) (or commensu2 rate action as provided ill section 205(b)). 

3 (2) AUTHORITY FOR DEL1~Y OF PRE8IDE~TIAL 

4 ACTIONS.-If. on or before the date that the Presi5 dent is required to take aetion under paragraph (1), 

6 the President determines and certifies to the appro7 priute congTessional committees that a single, addi8 tiona] period of time not to exceed ~lO day" lS nec9 essary10 (A) for a contilluation of negotiations that 

11 have heen commenc-ed with the government of a 

12 country described in such paragraph to bring 

13 about a eessatioll of the pattern of lloncoopera14 tion by such country, or 

15 (B) for a review of corrective adion taken 

16 by such cmmtry after designation of such eOU11-

17 try as a Country vVith a Pattern of Non18 cooperation uuder subseetion (b)(I)(A) or in 

19 anticipation that c-orrective action "vlll he taken 

20 by such country during sueh 90-day period, 

21 the President shall not be l'eqllired to take sneh ac22 tion until the eA,})iration of such period of time. 

23 (3) EXCEPTION FOR ONGOING PRESIDE~TIAL 

24 ACTTON.-
33


85106a-32.eps

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

32 

(A) IN GENEK~.-The President shaH not 

be required to take action under paragnl.ph (1) 

"v"ith respect to a Country ·With a Pattern of 

Noncooperation ifthe Presidellt has takell aetiofl 

pursuant to paragraph (1) with respect to 

such country in a preceding year, such action is in effect at the time such C0l11ltry 

is designated as a Country v\lith a Pattern 

of Noncooperation under subsection 

(b) (1) (A), and the President tmbmits to 

the appropriate congressional committees 

the informatioll deseribed ill sectioll 20ib 

regarding the actions in effect with respect 

to sm'h country; or 

(ii) su1:(ject to suhparagraph (B), the 

President determines that sueh eountry is 

subject to Illllltiple, broad-based sanetiolls 

impo8ed in significant part in respon8e to 

human rig'hts abuses and that such sanctions also satisfy the requirements of this 

subseetion. 

(B) ADDITIONAL REQUIREl\1EKTS.-If the 

Presidel1t makes a determination under subparagraph (A)(ii)-
34


85106a-33.eps

1 

2 

3 

(i) the report under section 204 and, 

as applicable, the publication in the Federal Register under section 208, shall 

4 specifY the specific sanction or sanctions 

5 that the President has determined satisfy 

6 the requirements of this subsection; and 

7 (ii) such sanctions shall remain in ef8 fect su"Qject to section 20D. 

9 (d) RULE OF CONSTRUCTION.-A determination 

10 under this seetion that a foreign eountry has engaged iu 

11 a pattern of noncooperation shall not he construed to re12 quire the termination of assistanee or other activities with 

13 respeet to sueh eountry under any other provision of law, 

14 including section 116 or 502B of the Foreign Assistance 

15 Act of 1961 (22 l~.S.C. 2151(n) or 23(4). 

16 SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS. 

17 As soon as practicable after the President makes a 

18 determination under seetion 201 in respOllse to failures 

19 to resolve unre801ved abduction case8 and the Pre8ident 

20 decides to take adion under paragTaphs (10) through (12) 

21 of sectioll 205(a) (or eommensurate action as provided ill 

22 section 205(b)) with respect to that country, or not later 

23 than 90 days after the Presidellt designates a country as 

24 a cmmtr.y W-itll a pattern of noncooperation pursuant to 

25 section 202(b)(1)(a), the President 8ha11-
35


85106a-34.eps

34 

1 (1) request consultation vvith the government of 

2 such country regarding the failures giving rise to 

3 designation of that country as a CounhT ~With a 

4 Pattern of )Joncooperation regarding the pattern of 

5 lIolleooperatioli or to action under seetioll 201; arid 

6 (2) if agreed to, enter into such consultations 

7 with such eounhT, privately or publie.ly. 

8 SEC. 204. REPORT TO CONGRESS. 

9 (a) I~ GENERAL.-Subject to subseetion (b), not 

10 later than 90 days after the President makes a determina11 tion under :o;ection 201 in 1'e:o;ponse to fnilures to resolve 

12 unresolved abduction cases and the President decides to 

13 take aetioll under paragraphs (10) through (12) of seetion 

14 205(a) (or commensurate action as provided in section 

15 205(b)) with respect to that eountI}-, or not later than 

16 90 days after tl1e President designates a country as a 

17 Country \Vith a Pattern of K oncooperation pursuant to 

18 section 202(b)(1)(A), the President shall transmit to the 

19 nppropriate congressional committees a report on the fol20 Imving: 

21 (1) IDHN'l'lPICA'1'lOJ'\ 01:<' PRHJ8lD~]N'1'LtiJ AC22 TIONS.-An identification of the action or actions 

23 described in section 205(a) (or eommensurate actiotl 

24 as provided in section 205(b)) to be taken vvitl1 1'e25 spect to such country. 
36


85106a-35.eps

35 

1 (2) DESCRIPTION OF viOLATIONS.-A descrip2 tiOll of the failure to resolve an um·esolved case or 

3 the pattern of nOllC'ooperation, as applicahle, giving 

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

5 President. 

6 (3) PURPOSE OF PRESIDENTLU, ACTIONS.-A 

7 description of the purpose of the aetion or actions. 

8 (4) l<]VAT,UATTO"f.-

9 (A) DESCRIPTIOK.-An evaluation, 111 conlD sultation with the Secretary of State, the par11 ties descrihed in section 20;)(h), and other par12 ties the President determines appropriate, of 

13 the anticipated impact of the Presidential ac14 tion upon15 (i) pending abduction eases m such 

16 country; 

17 (ii) the government of such country; 

18 (iii) the population of such country; 

19 (i,,) the United States economy; 

20 (v) other interested parties: and 

21 (vi) if such coulltry is a COIlvention 

22 country or an MOL country, the reciprocal 

23 fulfillment of obligations pursuant to SHch 

24 Convelltion or applicable MOlT, as applica25 ble. 
37


85106a-36.eps

36 

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

4 necessary. 

5 (5) S'I'ATl<Jl\HJNT CW PO/jlCY OPTION8.-A state6 ment that noneconomic policy options designed to 

7 resolve the unresolved case or bring about the ces8 satioll of the pattern of noncooperation 11ave reaS011-

9 ably been exhausted, including the consultations 1'12-

10 quired in section 203. 

11 (b) DELAY 11\ TElh~EDUTTAL OF REPORT.-lf, on or 

12 before the date that the President is required to submit 

l3 a report under subsection to the appropriate congres14 sional conmuttees, the President determines and certifies 

15 to sueh eomrnittees that a single, additional period of time 

16 not to exceed DO 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) DH8Gl:lIP'I'1O:-J nB' PRrJ8lDHN'l'lAL AC'l'lON8.-Ex22 cept as provided in subsection (c), the Presidential actions 

23 referred to in this subsection are the following: 

24 

25 

(1) A private demarche. 

(2) An official public demarche. 
38


85106a-37.eps

,,~ 

01 

1 (3) A public condemnation. 

2 (cl) A public condemnation within one or more 

3 multilafenll 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) 'l'he denial of Olle or more working, official, 

9 or state visits. 

10 The delay or cancellation of one or more 

11 working, official, or state ,.-isits. 

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

14 abduction and who has been formally accused of, 

15 charged w-ith, or eonv-ieted of an extraditable offense. 

16 (10) 'l'he yvithclrawal, limitatioll, or suspension 

17 of United States development assistance in accord18 ance with section 116 of the Foreign Assistallce Act 

19 of HHil (22 IT.S.c. 2151n). 

20 (11) The ·withdrawal, limitation, or suspenSIOn 

21 of United States security assistance in accordance 

22 with section 502D of the Foreign Assistance Act of 

23 1961 (22 U.S.C. 230/1). 

24 (12) Ordering the heads of the appropriate 

25 United States agencies not to issue any (or a speci-
39


85106a-38.eps

38 

1 fied mnnber of) specific licenses, and not to grant 

2 any other specifie authority (or a speeified number 

3 of authoritie:;;), to ecqlOTt any good:;; or technology to 

4 such government or to the agency or instrumentality 

5 of sue}] g'ovenlmeflt determined by tl1e Presidellt to 

6 be responsible for such unresolved case or pattern of 

7 nonc.oopcration, as applic.able, undcr8 (A) the l<J:q)ort Administration Aet of 197~) 

9 continued in effect under the International 

10 Emergeney Eeonomie Powers Act); 

11 (B) the Arms B:lq)ort Control Act; 

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

13 (D) any other statute that requires the 

14 prior review and approval of the rnited States 

15 Government as a conuition for the ex})ort or re16 e:q)ort of goods or services, 

17 (b) COMlVmNSUR~~TE ACTIO~,-Except as provided in 

18 subsection (cJ, the President may substitute any other ae19 tion authorized hy layv for any action de8crihed in 8uh20 section (a) if such action is commensurate in effect to the 

21 action substituted and if such action would further the 

22 purposes of this Act as specified in section 2 (c), The Presi23 dent shall seek to take all appropriate and feasible aetions 

24 auttlOri7.ecl by law to resolve the unresolved case or to ob25 tain the cessation of such pattern of noneooperation, as 
40


85106a-39.eps

39 

1 applicable. If commensurate action is taken under this 

2 subsectiotl, the President shall transmit to the appropriate 

3 eongressional eommittees a report on such action, together 

4 with an e:A'J}lanation for taking such action. 

5 EXCEPTIONR.-

6 (1) IIUl\IA."TJTAIUAN EXCEPTION.-Any action 

7 taken pursuant to subsection (a) or (b) may not pro8 hibit or restrict the provision of medicine, medical 

9 equipnlent or supplies, food, or other life-salling hulO mallitariall assistance. 

11 (2) DEFEKSE AJ.'JD KATIONAL SECUEITY EXCEP12 TION.-The President shall not be required to apply 

13 or maintain any action under seetion 205-

14 (A) in the case of procurement of defense 

15 articles or defense services16 (i) under existing contracts or sub17 contracts, including the exercise of options 

18 for production quantities, to satisfy re19 quirements essential to the national seeu20 rity of the United States; 

21 (ii) if the President determines in 

22 'writing and transmits to the appropriate 

23 eongressional eommittees a report that the 

24 gove11lment or the agency or instnlmen25 tality of such government to which such 
41


85106a-40.eps

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

40 

action would othencyise be applied is a sole 

source supplier of such defense articles or 

services, that such defense articles or services are essential, and that alternative 

SOllrees are [Jot readily or reasonably available; or 

(iii) if the President determines in 

'vriting and transmits to tlle appropriate 

congressional committees a report that 

such defense articles or services are essentinl to the national security of the United 

States under defense co-production agreements; or 

(n) to products or services prOvided under 

contracts entered into before the date on which 

the President publishes ill the Federal Reg1ster 

notice of such action in accordance ,lith section 

18 208. 

19 SEC. 206. PRESIDENTIAL WAIVER. 

20 (a) IK GEKERAL.-Sul-{iect to subsection (b), the 

21 President may waive the application of any of the actions 

22 described in paragTaphs (10) through (12) of section 

23 205 (a) (or commensurate action as provided in section 

24 205 (b)) ,,,cith respeet to a eountry, if the President cleter-
42


85106a-41.eps

41 

1 mmes and so reports to the appropriate congTessional 

2 committees that3 (1) the government of such country has 8atis4 factorily resolved any abduction case giving rise to 

5 tIle application of any of suc-]] actiolls Hfld6 (A) if such country is a Convention coun7 such country has taken measures to ensure 

8 future complianc~e with tlle prnvisions of the 

9 Hague Abduction Convention; 

10 (B) if such country is an lYIOU country, 

11 8uch country has taken mea8ures to en8ure fu12 ture compliance with the provisions of the MOU 

13 at issue; or 

14 (C) if such country was a nonparty country 

15 at the time the abductions or denials of rig'hts 

16 of access resulting in the abduction cases or ac17 cess cases OCCUlTed, such country has become a 

18 Convention country or an ::VIOU country; 

19 (2) the exerei8e of 8uch waiver authority would 

20 further the purposes of this Act; or 

21 (3) the impol1:.allt national iuterest of the 

22 United States requires the exercise of such waiver 

23 authority. 

24 (h) CONGRFJSSTONATJ :\JOTTFTCA'I'TON.-Not later than 

25 the date of the exercise of a waiver under subsection (a), 
43


85106a-42.eps

42 

1 the President shall notify the appropriate congTessional 

2 committees of such waiver or the intention to exen·ise sueh 

3 "vaiver, together ~Yvith a detailed jm,tification thereof. 

4 SEC. 207. PUBLICATION IN FEDERAL REGISTER. 

5 Ii\ G"~i\l·m.Alj.-Suldeet to subseetiofl (b), the 

6 President shall ensure publication in the Federal Hegister 

7 of the following'; 

8 (1) DRTRRlVITNATTONS OF GOV'FJRNMRNTS, 

9 AGEKCIES, INSTRUMENTALITIES OF COUNTRIES 

10 vv'ITH PATTERKS OF NONCOOPERATION.-AllY des11 ignation of a ('.nuntry that the President has des12 ignated as a Country ~With a Pattern of Noncoopera13 tiOll under section 202 (b)( 1 )(A), together with, when 

14 applicable and to the extent practicable, the identi15 tics of ageneies or im;trumentalitics determined to be 

16 responsible for such pattenl of lloncooperatiOll. 

17 (2) PRE8IDE~TL'lli ACTIO~8.-A description of 

18 any aetioll under paragraphs (10) through (12) of 

19 section 20:1(a) (or commensurate action as provided 

20 in seetion 205(b)) and the effective date of sueh ae21 tiOll. 

22 (3) DELAYS IN TRANSMITTAL OF PRESI23 DEKTLU, ACTIOK REPORTS.-AllY delay in trans24 mitta] of a report required under section 204. 
44


85106a-43.eps

4" ;) 

1 (4) \VAIVERS.-Any waiver issued under section 

2 206. 

3 (b) LIMITED Dr8CL081TRE OF INFORlVLL'<TION.-The 

4 President may limit publication of information under this 

5 section i fI the same mati fief" alld to tlle same extent H.S 

6 the President may lilnit the publication of findings and 

7 determinations described in section 654((') of the Foreign 

8 Assistance Act of Elfjl (22 U.S.C. 2414(c)). if the Presi9 dent determines that the publication of such informa10 tiOll11 (1) would be harmful to the national Recurity of 

12 the United States; or 

13 (2) would Hot further the purposes of this Act. 

14 SEC. 208. TERMINATION OF PRESIDENTIAL ACTIONS. 

15 1\ny aetion taken under this Aet or any amendment 

16 made by this Act W-itll respect to a foreig11 country sllall 

17 terminate on the earlier of the follmving two dates: 

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

19 date of Rueh action unIesR e)qlreRsly reauthorized hy 

20 law. 

21 (2) The date 011 which the President transmits 

22 to Congress a certification containing a determina23 tiou of the President that the govemment of such 

24 country 11as resolved any ullresolved abduction case 

25 or has taken substantial and verifiable steps to cor-
45


85106a-44.eps

44 

1 rect the pattern of noncooperation at issue, as appli2 cable, that gave rise to suc·h action. 

c 
46

Chairman ROYCE. Without objection, the bill is considered read 

and open for amendment at any point. And after recognizing myself 

and the ranking member for brief remarks, I will recognize the author, Mr. Smith, to explain the bill, and then any other members 

who seek recognition. Without objection, all members have 5 legislative days to submit statements for the record on any of today’s 

business. And I now recognize myself to speak on the bill. 

Every year, more than 1,000 American families are confronted 

with the nightmare of their child being abducted to a foreign country by one parent in violation of legal custody and access rights, so 

they are out of reach of the United States. They are out of reach 

of our courts and law enforcement. And this unilateral and illegal 

severing of the tie between the child and the left-behind American 

mother or American father is a tragedy. It is one that needs to be 

addressed. Many of us have constituents facing these wrenching 

separations. 

More than 30 years ago, The Hague Convention on the civil aspects of child abduction was created to provide a simplified consensus mechanism for returning children to their countries of habitual residence so that parental rights are determined by applicable laws rather than by acts of kidnapping. 

Today, the United States has agreements with 75 Hague partner 

countries which have helped to return many children safely home. 

But unfortunately, agreeing to the Hague Convention and complying with the Hague Convention are not the same thing and 

countries often do not take their obligations to their commitment 

there with The Hague seriously enough. 

I am going to let Mr. Smith describe the contents of his bill, but 

I want to thank him for the groundbreaking work he has done over 

the past 4 years in highlighting the unaddressed problems of 

Hague noncompliance and working to craft a responsible legislative 

approach. This bill will strengthen the incentives and the tools that 

the Department of State has to address unresolved abduction 

cases. Its enhanced annual reporting will also provide American 

parents and our judges with a clearer picture of actual Hague compliance and the risks of non-return associated with travel to certain 

countries. 

I want to thank Mr. Smith, thank the bipartisan committee cosponsors—Mr. Meadows worked on this, Mr. Kennedy, Mr. Holding, Mr. Sherman, Mr. Vargas—for working so cooperatively with 

the ranking member and with me in the process. 

I now recognize the ranking member, Mr. Eliot Engel from New 

York, for his opening remarks. 

Mr. ENGEL. Thank you very much, Mr. Chairman. I agree with 

everything you just said about the bill. And I would like to thank 

you for scheduling today’s markup on H.R. 3212, the Sean and 

David Goldman International Child Abduction Prevention and Return Act. 

There are few crimes more heart wrenching than child abduction. 

And as a parent, I cannot even imagine the anguish that someone 

goes through by having a child abducted by their partner and 

taken to another country. These left-behind parents have little leverage to have their children returned home. They are often at the 

mercy of foreign courts with different cultural conceptions of cusVerDate 0ct 09 2002 14:18 Jan 07, 2014 Jkt 000000 PO 00000 Frm 00050 Fmt 6633 Sfmt 6633 F:\WORK\_FULL\101013M\85106 HFA PsN: SHIRL
47

tody and arbitrary determinations for what is or is not in the 

child’s best interest. 

Unfortunately, there is an increasing number of international parental child abductions where one parent leaves the United States 

and either wrongfully removes or retains the child abroad. According to the State Department, there were 1,144 children abducted 

from a parent in the United States and taken abroad in the year 

2012 alone. The most effective tool the United States has to help 

return abducted children is the 1980 Hague Convention on the civil 

aspects of international child abduction. This treaty creates a global standard and requires signatories to return abducted children to 

the country of the child’s habitual residence for a custody hearing. 

Regrettably, as you mentioned, Mr. Chairman, there are significant gaps in the Hague Treaty framework. Forty percent of abducted children are taken to non-Hague countries, leaving those 

parents with even fewer options and the Treaty has no enforcement 

mechanisms. 

The purpose of the legislation before us today is to fill those 

gaps. H.R. 3212 encourages the State Department to enter into 

MOUs with these countries to help bring them in line with Hague 

standards and return children home. It also gives the President the 

power to sanction countries that demonstrate persistent failure in 

returning abducted children. 

In addition, my legislation will help us monitor progress in 

achieving greater compliance worldwide with The Hague standards 

by requiring reports on child abduction cases and our U.S. Government efforts to encourage that compliance. 

Sadly, international parental child abduction is an under reported and often overlooked crime which dramatically and traumatically impacts the lives of the children and parents involved. 

We need to send a message to the world that we take Hague compliance in returning abducted children back to the United States 

very seriously. This bill represents an important step forward in 

empowering the President and the State Department to enforce the 

Hague Convention and to bring more countries in line with its 

standards. 

I would like to thank Mr. Smith for his tireless efforts on this 

important issue. I have spoken with him about this for many, 

many years and know the hard work that he has put into it and 

his heartfelt feelings about this. I want to thank other members 

who contributed as well. I want to single out Mr. Grayson for his 

positive contribution to the bill. 

So Mr. Chairman, I support the measure and the amendment before us and encourage all members to vote in support of its passage. I yield back. 

Chairman ROYCE. Thank you, Mr. Engel. We now go to the author of the bill of H.R. 3212, Subcommittee Chairman Chris Smith. 

Mr. SMITH OF NEW JERSEY. Thank you very much and I want to 

thank you profoundly for bringing this legislation. At a time when 

the government is shut down, we are alive and well and running 

in the typically bipartisan way that you run this committee and 

you and Ranking Member Engel are to be commended. And I thank 

you especially for bringing this bill to the full committee for consideration. 

48

I also want to thank all the members who have cosponsored and 

I especially want to thank a number of the family members who 

are here today and I will say a brief word about that in a moment. 

We are here this morning to mark up H.R. 3212, the Sean and 

David Goldman International Child Abduction Prevention and Return Act of 2013. This legislation mirrors legislation that I wrote 

back in 2000 called the Trafficking Victims Protection Act which 

was designed to combat the hideous practice of human trafficking 

and to do so by holding countries to account. It also mirrors legislation authored by Congressman Frank Wolf, the International Religious Freedom Act of 1998, that in like manner holds countries to 

account for egregious behavior as it relates to human rights. And 

of course, here we are talking about child abduction. 

As our members are aware, this bill enjoys strong bipartisan support. Almost every Member of the House and many of us do have 

constituents that have come forward and asked for our help, are affected by the tragedy of international parental child abduction. 

Child abduction occurs when one parent takes a child from his 

or her home in the United States to another country or wrongfully 

retains a child abroad in violation of the other parent’s custody 

rights, often with the intent of depriving the other parent of access 

to the child. The damage to the child in the left-behind parents is 

incalculable and too often lifelong. The children are at risk of serious emotional and psychological problems and many experience 

anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt, and fearfulness. 

Parental child abduction is child abuse. These victims are American citizens who need the help of their Government in a more robust way, especially when normal legal processes are unavailable 

or fail. It was David Goldman’s unrelenting almost 6-year effort to 

bring his son, Sean, home from Brazil that has helped to highlight 

the epidemic of international parental child abduction. David, like 

other equally heroic parents, was absolutely tenacious. He is here 

in this room and I thank him for the leadership that he has provided that has been extraordinary. But he was absolutely tenacious, but suffered setbacks and a numbing pain along the way. 

Right up until the very week before Sean was released all of us 

were wondering, will it happen or will it not? 

Well, according to the U.S. Department of State between the 

years 2000 and 2008 and 2012, bereaved left-behind parents like 

David reported over 4,800 abduction cases involving more than 

7,000 American children. I had the privilege of joining David in his 

fight to return Sean and experience firsthand the maddening obstacles encountered by left-behind parents, even in countries that 

have signed the Hague Convention and the civil aspects of international child abduction. Foreign courts and endless appeals to run 

out the clock, exploitation of the safeguards in the Convention, and 

prejudice against foreigners all block the way to bringing American 

children home. Too many families have been waiting too long for 

the return of their children. 

I see in the audience Captain Paul Toland who has not been able 

to see his daughter Erica since 2004, despite the fact that he is her 

only living parent. So many other left-behind parents are here 

49

today, many of whom like Captain Toland long to be reunited with 

their children. 

In the room, too, and I didn’t know he would be here, is a man, 

Mr. Feimster, the grandfather. His daughter’s children were kidnapped. And this is a case, frankly, where the State Department 

and the Foreign Service officers involved did an extraordinary case 

and effectuated the return of his two granddaughters who were 

kidnapped to Tunisia. So congratulations. At times the system does 

work, but it is still broken in many ways. 

I also see in the audience, Mr. Hermer, whose daughter is being 

held in the United Kingdom. Mr. Braden, I believe will be here, 

Mr. Elias, Mr. Burns, and as I said, Mr. Feimster. 

Michael Elias, just one brief example, a combat injured, Iraqi 

Veteran, testified at one of my four hearings on abduction and I 

quote him in pertinent part: ‘‘As a father who no longer has his 

children to hold in his arms, I cannot deal with the sorrows, so I 

try my best to stay strong and keep fighting for their return. All 

of my hopes and dreams for their future now lie in the hands of 

others.’’ He continued: ‘‘I am begging our Government to help not 

only my family, but hundreds of other heart-broken families as well 

to demand the return of American children.’’

Today is our chance to help. H.R. 3212 backs with penalties our 

demands for adherence to international obligations and makes 

clear to friends and foes alike that our children are our top priority. 

As stated in the legislation, it has several purposes. First, we want 

to protect children whose habitual residence in the U.S. from the 

harmful effects of abduction and to assist left-behind parents to 

have access to their abducted children in a safe and predictable 

manner while in abduction and case is pending. 

We want to provide left-behind parents their advocates and 

judges the information they need to enhance the resolution of abduction cases to establish legal procedures. In addition, the purpose 

of the bill would be to establish measured, effective, and predictable actions to be undertaken by the President on behalf of abducted American children and to promote an international consensus that is in the interest of the children to have any issues related to their care and custody determined in the country of their 

habitual residence. 

And finally, the bill would encourage the effective limitation of 

international mechanisms, particularly those established pursuant 

to The Hague Convention to achieve reciprocity in the resolution of 

abductions and to protect children from harmful effects of abduction. The Goldman Act gives the President important tools and I 

have listed them in my comments and I would ask members to 

take a look at those. But they are derived from previous laws including IRFA and the Trafficking Victims Protection Act so that 

there will be real clout behind our insistence that these children be 

brought back. 

So without objection, I would ask that my full comments be made 

part of the record and again I thank my colleagues. 

Chairman ROYCE. I thank you, Mr. Smith. I think the full statement being in the record is a good concept because we face a pending conference here. I would remind the other members if you have 

a statement to make you can certainly put it in the record and I 

50

would ask if any other members wish to speak at this time on the 

underlying bill before we recognize Mr. Grayson, to offer an amendment. 

Yes, Mr. Kennedy. 

Mr. KENNEDY. Thank you, Mr. Chairman. I want to thank Ranking Member Engel and particularly Mr. Smith for your years of 

leadership on this and clearly the passion and leadership that you 

have shown to make this day become a reality. 

I speak today in support of this bill and in particular on behalf 

of one of my constituents, Colin Bower, a devoted father from Newton, Massachusetts, who has tireless sought the return of his two 

abducted children from Egypt. Mr. Bower has worked to bring his 

children, Noor and Ramsay, home to the United States since their 

mother unexpectedly took them out of school in 2009, boarded a 

plane just hours later with tickets paid in cash, never to return. 

Despite a U.S. court ruling that gave full custody to Colin and a 

subsequent Egyptian court order granting him the right to visit his 

children, Colin has continually been denied the opportunity to see 

his boys and has not spoken to them in nearly 2 years. 

I offer my comments because Colin is not alone. The legislation 

before us would bolster international mechanisms critical to resolving international abduction cases. It will provide left-behind parents with a framework about how to work through the government 

to gain information about their cases and elevate this issue publicly 

to draw the necessary attention to the children and families that 

are torn apart. 

I thank Congressman Smith for all of your work, once again, and 

for offering this bill, and I ask my colleagues to support it. 

With that, Mr. Chairman, I yield back. 

Chairman ROYCE. I thank the gentleman, and we go to Ms. RosLehtinen for her statement. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. I would 

like to thank our hero, Chris Smith, for bringing this important 

legislation for markup today and I will continue to battle with him 

on behalf of children who have been victims of transnational abduction and for the left-behind parents who feel helpless, and all too 

often hopeless, that their government won’t use whatever tools are 

available to reunite them with their children. But I would also like 

to urge that we do not overlook one of the most difficult issues in 

child abduction law. In many instances, a parent will flee with 

their child or children internationally in order to escape domestic 

violence. There is no simple solution for this issue and it is indeed 

very complex and sensitive. Too often, current U.S. law addressing 

international child abduction actually facilitates domestic violence 

and child abuse by forcing the return of a child despite the recognized risks to the child or parent. That is why I am planning to 

introduce legislation in the next few weeks to amend the Federal 

law that would eliminate these unintended consequences. And I encourage my colleagues to join me in this effort as well as helping 

Mr. Smith pass this important bill. It is my hope that with these 

bills and further corrective measures to international child abduction laws, we will be able to resolve these issues so that the interest of the children and the left-behind parents and those who fear 

51

domestic violence and abuse can be protected. And I will put my 

statement for the record, Mr. Chairman. Thank you, Mr. Smith. 

Chairman ROYCE. Thank you, Ms. Ros-Lehtinen. Any other members? Mr. Poe for 10 seconds. 

Mr. POE. Thank you, Mr. Chairman. I agree with this legislation. 

For a long time, one of my constituents, Marty Pate, we have been 

working with him. His daughter was stolen by his ex-wife and 

taken to Brazil when she was 6 years old without legal permission. 

I would like to introduce my entire statement into the record. 

Chairman ROYCE. Without objection. 

Mr. CHABOT. Mr. Chairman? 

Chairman ROYCE. Mr. Chabot. 

Mr. CHABOT. Thank you, Mr. Chairman. I will be very brief. I 

had a constituent, Tom Sylvester, whose daughter Carina was 

taken to Austria. This gentleman did everything right, fought it for 

years and years, went all the way up to the Supreme Court of Austria and with decisions in his favor. We met with Colin Powell and 

with Madeleine Albright down at the State Department. He did everything right. Spent hundreds of thousands of dollars on legal 

fees, never got his daughter back. Your heart just goes out to these 

people that have to go through this horrific trauma and I want to 

thank Mr. Goldman for fighting and thank Congressman Chairman 

Smith for taking this on as well. These are just heart-breaking 

cases. It got so frustrating, I literally would have said let us send 

the Marines in to bring these kids back and so thank you for introducing this legislation. I hope it does some good. Thank you. 

Chairman ROYCE. Thank you. Mr. Grayson, do you have an 

amendment at the desk? 

Mr. GRAYSON. I do, Mr. Chairman. 

Chairman ROYCE. The clerk will report the amendment. 

Ms. MARTER. Amendment to H.R. 3212 offered by Mr. Grayson 

of Florida. In Section 101(b)(2)(g) insert——

[The information referred to follows:]

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85106b-1.eps

AMENDMENT TO H.R. 3212 

OFFERED BY MR. GRAYSON OF FLORIDA 

In section 101 (b )( 2 )( G ), insert "total number and 

the" before "percentage". 

In seetion 101 (b), add at the end the follm~ring: 

1 (8) The number of cases which were success2 fully resolved without abducted children being re3 turned to the United States from Convention coun4 tries, MOn eOllntries, and nonparty eOllntries, re5 spectively. 

In section 104, redesignate subsection (c) as subseetion (d). 

In section 104, insert after subsectiOll (b) tIle following: 

6 ((~) TIlVIIN(; .-At the request of any person who is a 

7 left-behind parent, including a left-behind parent who pre8 viously reported an abduction to the Central Authority of 

9 the United States before the date of the enactment of this 

10 Act, notification of a Member of Congress, in accordance 

11 with subsections (a) and (b), shall be provided as soon 

12 as is pradieahle. 
53


85106b-2.eps

2 

In subsection (b) of section 201, strike "paragraphs 

(1) through (12)" eaeh plaee it appean; a11(1 inseIt "paragraphs (1) through (13)". 

In subsection (a) of section 205, redesignate paragrapll (12) as paragTapll (1:3). 

In subsection (a) of section 205, insert after paragraph (11) the following: 

1 (12) The vvithdrawal, limitation, or suspenSIOn 

2 of assistance to the central government of a country 

3 pursuallt to ehapter 4 of part IT of the Foreigl1 As4 sistance Act of 19G1 (22 l~.S.C. 234G et seq.; relat5 illg to the Eeollornie Support FUlld). 

In the bill, strike "paragTaphs (10) through (12)" 

each place it appears and insert "paragraphs (10) 

through (1:3)". 
54

Chairman ROYCE. Without objection, the amendment is considered read and Mr. Grayson is recognized to explain his amendment. 

Mr. GRAYSON. Mr. Chairman, I understand that time is short 

and many of you have an engagement in 3 minutes, so I will submit my statement for the record. 

Chairman ROYCE. Mr. Grayson, if I could just commend you for 

working with the author and working with the committee and the 

ranking member on your amendment. I think it improves the bill. 

Are there any further requests for recognition? 

Mr. CONNOLLY. Mr. Chairman? 

Chairman ROYCE. Yes, Mr. Connolly. 

Mr. CONNOLLY. I know we are in a rush. I have no idea what 

the Grayson amendment is we are being asked to——

Chairman ROYCE. I am going to ask Mr. Grayson to explain his 

amendment at this time. It is in your packet. 

Mr. Grayson, please explain the amendment. 

Mr. GRAYSON. Thank you, Mr. Chairman. My amendment accomplishes three things. First, it strengthens the reporting requirements in the Annual Report on International Child Abduction. Second, it provides for congressional notification for each existing, unresolved, international child abduction case in each member’s district, not merely the newly reported abductions as currently required by the un-amended bill. And third, it provides the President 

with discretion to withhold economic support assistance to foreign 

governments unwilling to assist in resolving child abduction case. 

Mr. CONNOLLY. I thank the chair and I thank my colleague. 

Chairman ROYCE. Any further comments or questions on the 

Grayson amendment or requests to speak? Hearing no further requests for recognition, the question now occurs on the amendment 

offered by Mr. Grayson. 

All those in favor say aye. 

[Chorus of Ayes.] 

All those opposed, no. In the opinion of the Chair, the ayes have 

it and the amendment is agreed to. 

Are there any other amendments? Hearing no further amendments to this measure, the question now occurs on agreeing to H.R. 

3212, as amended. All those in favor, say aye. 

[Chorus of Ayes.] 

All those opposed, no. In the opinion of the Chair, the ayes have 

it and the bill, as amended, is agreed to. And without objection, 

this measure as amended, is agreed to. It is ordered favorably reported and will be reported as a single amendment in the nature 

of a substitute. And also, without objection, staff is directed to 

make technical and conforming changes and the Chairman is authorized to seek House consideration of 3212 under suspension of 

the rules. 

And again, I want to thank Ranking Member Engel, Mr. Smith, 

and all of our committee members for their contribution to this legislation and their assistance with today’s markup. The committee 

is adjourned. 

[Whereupon, at 9:57 a.m., the committee was adjourned.] 

(55)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE RECORD

56

f


85106n.eps

FULL COMMITTEE MARKUP NOTICE 

COMMITTEE ON FOREIGN AFFAIRS 

U.S. HOUSE OF REPRESENTATIVES 

WASHINGTON, DC 20515-6128 

Edward R. Royce (R-CA), Chairman 

October 10, 2013 

TO: MEMBERS OF THE COMMITTEE ON FOREIGN AFFAIRS 

You are respectfully requested to attend an OPEN meeting of the Committee on Foreign 

Mfairs, to be held in Room 2172 of the Rayburn House Office Building (and available live on 

the Committee website at ht1p:/lwww.ForeignAffairs.house.gov) 

DATE: 

TIME: 

MARKlJPOF: 

Thursday, October 10, 2013 

9:30 a.m. 

H.R. 3212, Sean and David Goldman International Child Abduction 

Prevention and Return Act of2013. 

By Direction of the Chairman 
57


85106m-1.eps

COMMITTEE ON FOREIGN AFFAIRS 

MINUTES OF FULL COMMITTEE MARKUP 

Day_---'T-!:h"'""'r,"-',d"',,'-'v __ Da1e, ___ ""1"'OI"'1"'O"-V1"'3"-__ Room ___ -=2-=-1'-72=-__ _ 

Starting Time 9:3.5 A.M. Ending Time 9:.57 A.M: 

Recesses '-IL. L-to __ ) L-to __ ) L-to __ ) L-to __ I L-to __ J L-to __ ) 

Presiding Member(s) 

Rep. Edward R. Royce, Chairman 

Check all of/hefollowing that apply: 

Open Session 0 Executive (closed) Session 0 Televised 0 Electronically Recorded (taped) 0 

Stenographic Record 0 

BILLS FOR MARKUP: (Include hill numher!s) alld titleM o(legisiation) 

H.R. 3212. Seall alld David Goldmall Illternatiollal Child Abdllctioll Pn'Vclltioll amI Retllrn Act of 2013 

COMMITTEE MEMBERS PRESEl"T: 

See Attelldallce Sheet. 

NON·COMMIlTEE MEMBERS PRESENT: 

NOlle. 

STATEMENTS FOR THE RECORD: (List any stu/cments submitted/or the record.) 

Rep. Ros·Lehtillell 

ACTIONS TAKEN DURING THE "MARKUP: IAttach copies nflegisiution and amendments.) 

See M:arkup Summary. 

RECORDED VOTES TAKEN (FOR :\1ARKLP): (Atlm hjin<Ji vole tally sheel listing each member.) 

TIME SCHE])ULED TO IlliCONVENE ___ _ 

or 

TIME ADJOURNE]) 9:57 a.m. 

Doug Anderson, General Counsel 
58

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85106m-2.eps

JJresent 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

HOUSE COMMITTEE ON FOREIGN AFFAIRS 

Full Committee Markup 

Member j'resent Member 

Edward R. Royce. CA X Eliot L. Engel, NY 

Christopher H. Smith. NJ Eni F.H. Faleomavaega. AS 

Ileana Ros-Lehtinen. FL Brad Sherman, CA 

Dana Rohrabacher. CA Gregory W. Meeks, NY 

Ste,e Chabot. OH Albia Sires. NJ 

Joe Wilson. SC X Gerald E. COfl11olh', VA 

Michael T McCaul. TX Theodore E. Deutch. FL 

Ted Poe. TX Brian Higgins, NY 

Matt Salmon. AZ Karen Bass. CA 

Tom Marino. PA Williatl1 Keating, MA 

Jeff Dunea.!l. SC X David Cieilline. RI 

Adam Kinzinger. I L X Alan Grayson. FL 

Mo Brooks. AL Juan Vargas. CA 

Tom Cotton. AR Bradlev S Schneider, TL 

Paul Cook. CA X Joseph P. Kennedy III. MA 

George Holding. NC X Ami Bera. CA 

R.a.tldy K. Weber. Sr.. TX X Alan S. Lowenthal. CA 

SeottPem.PA X Grace Meng. NY 

Steyc Stockman. TX Lois Frankel, FL 

Ron DeSantis. FL X Tulsi Gabbard, ill 

Trev Radel, FL Joaquin Castro, TX 

Doug Collins. GA 

Mark Meadows. NC 

Ted S. Yoho. FL 

Luke Messer. IN 
59

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85106s.eps

10/10/13 Foreign Affairs Committee Markup Summary 

The Chair called up H.R. 3212 for consideration. 

H.R. 3212 (Smith (NJll, "Sean and David Goldman International Child Abduction Prevention and 

Return Act of 20 13." 

1) Mr. Grayson offered an amendment (Grayson 206) which was agreed to by voice vote. 

H.R. 3212, as amended by Grayson 206, was agreed to by voice vote, ordered favorably reported to the 

House by unanimous consent 

The Committee adjourned. 
60

Æ


85106c.eps

Statement for the Record 

Suhmitted hy the Honorahle J1eana Ros-T.ehtinen 

I'd like to thank my colleague Chris Smith for bringing this important legislation forward for mark-up today: 

the Sean and David Goldman International Child Abduction Prevention and Return Act 

I'll continue to fight on behalf of children who have been the victims of transnational abduction and for the 

left-behind parents who feel helpless and all too often hopeless that their government won't use whatever 

tools available to reunite them with their children. 

But I would also like to urge that we do not overlook one of the most difficult issues in child abduction law: 

In many instances, a parent will flee with the child or children internationally in order to escape domestic 

violence. 

There is no simple solution for this issue, and it is indeed very complex and sensitive. 

Too often, current US. law addressing international child abduction actually facilitates domestic violence 

and child abuse by forcing the return of a child despite a recognized risk to the child or parent. 

That is why I am planning to introduce legislation in the next few weeks to amend federal law that would 

eliminate these unintended consequences 

I encourage my colleat,'ues to join me in this effort as well as Mr Smith's bill here today 

According to the State Department, there are hundreds of parental transnational child abduction cases each 

year, and in most cases the parent in the United States faces an uphill, often impossible battle with the 

foreign country to return their child. 

The effects on both the children and the parents are significant and can have lifelong consequences 

Me Smith's bill represents a new approach to resolving this issue, and gives the United States government 

and the President the avenues needed to press those countries that are in a pattern of non-cooperation in 

working with the U.S. to resolve these abduction cases. 

If words aren't enough, and doing the right thing isn't motivation enough for some of these countries who 

refuse to return these abducted children, then they must be convinced by actions that send the message that 

the United States will not rest until we bring every wrongfully abducted American child home. 

Too many parents have been separated from their children for too long with little to no recourse, and it is 

time to change that. 

It is my hope that with this bill, and the further corrective measures to international child abduction law I 

plan to introduce soon, we will be able to resolve these issues so that the interests of the children, the leftbehind parents, and those who fear domestic violence and abuse can be protected. 

Thank you.