H. R. 3212 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To ensure compliance with the 1980 Hague Convention on the Civil Aspects of 

International Child Abduction by countries with which the United States enjoys 

reciprocal obligations, to establish procedures for the prompt return of children 

abducted to other countries, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Sean and 

David Goldman International Child Abduction Prevention and 

Return Act of 2014’’. 

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

is as follows: 

Sec. 1. Short title and table of contents. 

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

Sec. 3. Definitions. 

TITLE I—DEPARTMENT OF STATE ACTIONS 

Sec. 101. Annual report. 

Sec. 102. Standards and assistance. 

Sec. 103. Bilateral procedures, including memoranda of understanding. 

Sec. 104. Report to congressional representatives. 

TITLE II—ACTIONS BY THE SECRETARY OF STATE 

Sec. 201. Response to international child abductions. 

Sec. 202. Actions by the Secretary of State in response to patterns of noncompliance in cases of international child abductions. 

Sec. 203. Consultations with foreign governments. 

Sec. 204. Waiver by the Secretary of State. 

Sec. 205. Termination of actions by the Secretary of State. 

TITLE III—PREVENTION OF INTERNATIONAL CHILD ABDUCTION 

Sec. 301. Preventing children from leaving the United States in violation of a court 

order. 

Sec. 302. Authorization for judicial training on international parental child abduction. 

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

(a) FINDINGS.—Congress finds the following: 

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

of New Jersey, was abducted from the United States in 2004 

and separated from his father, David Goldman, who spent 

nearly 6 years battling for the return of his son from Brazil 

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

on December 24, 2009. 

(2) The Department of State’s Office of Children’s Issues, 

which serves as the Central Authority of the United States 

for the purposes of the 1980 Hague Convention on the Civil 
H. R. 3212—2 

Aspects of International Child Abduction (referred to in this 

Act as the ‘‘Hague Abduction Convention’’), has received thousands of requests since 2007 for assistance in the return to 

the United States of children who have been wrongfully 

abducted by a parent or other legal guardian to another country. 

(3) For a variety of reasons reflecting the significant 

obstacles to the recovery of abducted children, as well as the 

legal and factual complexity involving such cases, not all cases 

are reported to the Central Authority of the United States. 

(4) More than 1,000 outgoing international child abductions 

are reported every year to the Central Authority of the United 

States, which depends solely on proactive reporting of abduction 

cases. 

(5) Only about one-half of the children abducted from the 

United States to countries with which the United States enjoys 

reciprocal obligations under the Hague Abduction Convention 

are returned to the United States. 

(6) The United States and other Convention countries have 

expressed their desire, through the Hague Abduction Convention, ‘‘to protect children internationally from the harmful 

effects of their wrongful removal or retention and to establish 

procedures to ensure their prompt return to the State of their 

habitual residence, as well as to secure protection for rights 

of access.’’ 

(7) Compliance by the United States and other Convention 

countries depends on the actions of their designated central 

authorities, the performance of their judicial systems as 

reflected in the legal process and decisions rendered to enforce 

or effectuate the Hague Abduction Convention, and the ability 

and willingness of their law enforcement authorities to ensure 

the swift enforcement of orders rendered pursuant to the Hague 

Abduction Convention. 

(8) According to data from the Department of State, 

approximately 40 percent of abduction cases involve children 

taken from the United States to countries with which the 

United States does not have reciprocal obligations under the 

Hague Abduction Convention or other arrangements relating 

to the resolution of abduction cases. 

(9) According to the Department of State’s April 2010 

Report on Compliance with the Hague Convention on the Civil 

Aspects of International Child Abduction, ‘‘parental child abduction jeopardizes the child and has substantial long-term consequences for both the child and the left-behind parent.’’ 

(10) Few left-behind parents have the extraordinary financial resources necessary— 

(A) to pursue individual civil or criminal remedies in 

both the United States and a foreign country, even if such 

remedies are available; or 

(B) to engage in repeated foreign travel to attempt 

to obtain the return of their children through diplomatic 

or other channels. 

(11) Military parents often face additional complications 

in resolving abduction cases because of the challenges presented 

by their military obligations. 

(12) In addition to using the Hague Abduction Convention 

to achieve the return of abducted children, the United States 

has an array of Federal, State, and local law enforcement, 
H. R. 3212—3 

criminal justice, and judicial tools at its disposal to prevent 

international abductions. 

(13) Federal agencies tasked with preventing international 

abductions have indicated that the most effective way to stop 

international child abductions is while they are in progress, 

rather than after the child has been removed to a foreign 

destination. 

(14) Parental awareness of abductions in progress, rapid 

response by relevant law enforcement, and effective coordination among Federal, State, local, and international stakeholders 

are critical in preventing such abductions. 

(15) A more robust application of domestic tools, in cooperation with international law enforcement entities and appropriate application of the Hague Abduction Convention could— 

(A) discourage some parents from attempting abductions; 

(B) block attempted abductions at ports of exit; and 

(C) help achieve the return of more abducted children. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States should set a strong example for other Convention 

countries in the timely location and prompt resolution of cases 

involving children abducted abroad and brought to the United 

States. 

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

(1) to protect children whose habitual residence is the 

United States from wrongful abduction; 

(2) to assist left-behind parents in quickly resolving cases 

and maintaining safe and predictable contact with their child 

while an abduction case is pending; 

(3) to protect the custodial rights of parents, including 

military parents, by providing the parents, the judicial system, 

and law enforcement authorities with the information they 

need to prevent unlawful abduction before it occurs; 

(4) to enhance the prompt resolution of abduction and 

access cases; 

(5) to detail an appropriate set of actions to be undertaken 

by the Secretary of State to address persistent problems in 

the resolution of abduction cases; 

(6) to establish a program to prevent wrongful abductions; 

and 

(7) to increase interagency coordination in preventing international child abduction by convening a working group composed of presidentially appointed and Senate confirmed officials 

from the Department of State, the Department of Homeland 

Security, and the Department of Justice. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) ABDUCTED CHILD.—The term ‘‘abducted child’’ means 

a child who is the victim of international child abduction. 

(2) ABDUCTION.—The term ‘‘abduction’’ means the alleged 

wrongful removal of a child from the child’s country of habitual 

residence, or the wrongful retention of a child outside such 

country, in violation of a left-behind parent’s custodial rights, 

including the rights of a military parent. 

(3) ABDUCTION CASE.—The term ‘‘abduction case’’ means 

a case that— 
H. R. 3212—4 

(A) has been reported to the Central Authority of the 

United States by a left-behind parent for the resolution 

of an abduction; and 

(B) meets the criteria for an international child abduction under the Hague Abduction Convention, regardless 

of whether the country at issue is a Convention country. 

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

involving an application filed with the Central Authority of 

the United States by a parent seeking rights of access. 

(5) ANNUAL REPORT.—The term ‘‘Annual Report’’ means 

the Annual Report on International Child Abduction required 

under section 101. 

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

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

required pursuant to article 8 of the Hague Abduction 

Convention; 

(B) in the case of a bilateral procedures country, the 

formal document required, pursuant to the provisions of 

the applicable arrangement, to request the return of an 

abducted child or to request rights of access, as applicable; 

and 

(C) in the case of a non-Convention country, the formal 

request by the Central Authority of the United States 

to the Central Authority of such country requesting the 

return of an abducted child or for rights of contact with 

an abducted child. 

(7) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Foreign Relations of the Senate and the Committee on 

Foreign Affairs of the House of Representatives. 

(8) BILATERAL PROCEDURES.—The term ‘‘bilateral procedures’’ means any procedures established by, or pursuant to, 

a bilateral arrangement, including a Memorandum of Understanding between the United States and another country, to 

resolve abduction and access cases, including procedures to 

address interim contact matters. 

(9) BILATERAL PROCEDURES COUNTRY.—The term ‘‘bilateral 

procedures country’’ means a country with which the United 

States has entered into bilateral procedures, including Memoranda of Understanding, with respect to child abductions. 

(10) CENTRAL AUTHORITY.—The term ‘‘Central Authority’’ 

means— 

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

given such term in article 6 of the Hague Abduction 

Convention; 

(B) in the case of a bilateral procedures country, the 

official entity designated by the government of the bilateral 

procedures country within the applicable memorandum of 

understanding pursuant to section 103(b)(1) to discharge 

the duties imposed on the entity; and 

(C) in the case of a non-Convention country, the foreign 

ministry or other appropriate authority of such country. 

(11) CHILD.—The term ‘‘child’’ means an individual who 

has not attained 16 years of age. 

(12) CONVENTION COUNTRY.—The term ‘‘Convention 

country’’ means a country for which the Hague Abduction 
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Convention has entered into force with respect to the United 

States. 

(13) HAGUE ABDUCTION CONVENTION.—The term ‘‘Hague 

Abduction Convention’’ means the Convention on the Civil 

Aspects of International Child Abduction, done at The Hague 

October 25, 1980. 

(14) INTERIM CONTACT.—The term ‘‘interim contact’’ means 

the ability of a left-behind parent to communicate with or 

visit an abducted child during the pendency of an abduction 

case. 

(15) LEFT-BEHIND PARENT.—The term ‘‘left-behind parent’’ 

means an individual or legal custodian who alleges that an 

abduction has occurred that is in breach of rights of custody 

attributed to such individual. 

(16) NON-CONVENTION COUNTRY.—The term ‘‘non-Convention country’’ means a country in which the Hague Abduction 

Convention has not entered into force with respect to the United 

States. 

(17) OVERSEAS MILITARY DEPENDENT CHILD.—The term 

‘‘overseas military dependent child’’ means a child whose 

habitual residence is the United States according to United 

States law even though the child is residing outside the United 

States with a military parent. 

(18) OVERSEAS MILITARY PARENT.—The term ‘‘overseas military parent’’ means an individual who— 

(A) has custodial rights with respect to a child; and 

(B) is serving outside the United States as a member 

of the United States Armed Forces. 

(19) PATTERN OF NONCOMPLIANCE.— 

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

means the persistent failure— 

(i) of a Convention country to implement and abide 

by provisions of the Hague Abduction Convention; 

(ii) of a non-Convention country to abide by 

bilateral procedures that have been established 

between the United States and such country; or 

(iii) of a non-Convention country to work with the 

Central Authority of the United States to resolve 

abduction cases. 

(B) PERSISTENT FAILURE.—Persistent failure under 

subparagraph (A) may be evidenced in a given country 

by the presence of 1 or more of the following criteria: 

(i) Thirty percent or more of the total abduction 

cases in such country are unresolved abduction cases. 

(ii) The Central Authority regularly fails to fulfill 

its responsibilities pursuant to— 

(I) the Hague Abduction Convention; or 

(II) any bilateral procedures between the 

United States and such country. 

(iii) The judicial or administrative branch, as 

applicable, of the national government of a Convention 

country or a bilateral procedures country fails to regularly implement and comply with the provisions of 

the Hague Abduction Convention or bilateral procedures, as applicable. 

(iv) Law enforcement authorities regularly fail to 

enforce return orders or determinations of rights of 
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access rendered by the judicial or administrative 

authorities of the government of the country in abduction cases. 

(20) RIGHTS OF ACCESS.—The term ‘‘rights of access’’ means 

the establishment of rights of contact between a child and 

a parent seeking access in Convention countries— 

(A) by operation of law; 

(B) through a judicial or administrative determination; 

or 

(C) through a legally enforceable arrangement between 

the parties. 

(21) RIGHTS OF CUSTODY.—The term ‘‘rights of custody’’ 

means rights of care and custody of a child, including the 

right to determine the place of residence of a child, under 

the laws of the country in which the child is a habitual resident— 

(A) attributed to an individual or legal custodian; and 

(B) arising— 

(i) by operation of law; or 

(ii) through a judicial or administrative decision; 

or 

(iii) through a legally enforceable arrangement 

between the parties. 

(22) RIGHTS OF INTERIM CONTACT.—The term ‘‘rights of 

interim contact’’ means the rights of contact between a child 

and a left-behind parent, which has been provided as a provisional measure while an abduction case is pending, under the 

laws of the country in which the child is located— 

(A) by operation of law; or 

(B) through a judicial or administrative determination; 

or 

(C) through a legally enforceable arrangement between 

the parties. 

(23) UNRESOLVED ABDUCTION CASE.— (A) IN GENERAL.—Subject to subparagraph (B), the 

term ‘‘unresolved abduction case’’ means an abduction case 

that remains unresolved for a period that exceeds 12 

months after the date on which the completed application 

for return of the child is submitted for determination to 

the judicial or administrative authority, as applicable, in 

the country in which the child is located. 

(B) RESOLUTION OF CASE.—An abduction case shall 

be considered to be resolved if— 

(i) the child is returned to the country of habitual 

residence, pursuant to the Hague Abduction Convention or other appropriate bilateral procedures, if 

applicable; 

(ii) the judicial or administrative branch, as 

applicable, of the government of the country in which 

the child is located has implemented, and is complying 

with, the provisions of the Hague Abduction Convention or other bilateral procedures, as applicable; 

(iii) the left-behind parent reaches a voluntary 

arrangement with the other parent; 

(iv) the left-behind parent submits a written withdrawal of the application or the request for assistance 

to the Department of State; 
H. R. 3212—7 

(v) the left-behind parent cannot be located for 

1 year despite the documented efforts of the Department of State to locate the parent; or 

(vi) the child or left-behind parent is deceased. 

TITLE I—DEPARTMENT OF STATE 

ACTIONS 

SEC. 101. ANNUAL REPORT. 

(a) IN GENERAL.—Not later than April 30 of each year, the 

Secretary of State shall submit to the appropriate congressional 

committees an Annual Report on International Child Abduction. 

The Secretary shall post the Annual Report to the publicly accessible website of the Department of State. 

(b) CONTENTS.—Each Annual Report shall include— 

(1) a list of all countries in which there were 1 or more 

abduction cases, during the preceding calendar year, relating 

to a child whose habitual residence is the United States, 

including a description of whether each such country— 

(A) is a Convention country; 

(B) is a bilateral procedures country; 

(C) has other procedures for resolving such abductions; 

or 

(D) adheres to no protocols with respect to child abduction; 

(2) for each country with respect to which there were 

5 or more pending abduction cases, during the preceding year, 

relating to a child whose habitual residence is the United 

States— 

(A) the number of such new abduction and access cases 

reported during the preceding year; 

(B) for Convention and bilateral procedures countries— 

(i) the number of abduction and access cases that 

the Central Authority of the United States transmitted 

to the Central Authority of such country; and 

(ii) the number of abduction and access cases that 

were not submitted by the Central Authority to the 

judicial or administrative authority, as applicable, of 

such country; 

(C) the reason for the delay in submission of each 

case identified in subparagraph (B)(ii) by the Central 

Authority of such country to the judicial or administrative 

authority of that country; 

(D) the number of unresolved abduction and access 

cases, and the length of time each case has been pending; 

(E) the number and percentage of unresolved abduction 

cases in which law enforcement authorities have— 

(i) not located the abducted child; 

(ii) failed to undertake serious efforts to locate 

the abducted child; and 

(iii) failed to enforce a return order rendered by 

the judicial or administrative authorities of such 

country; 

(F) the total number and the percentage of the total 

number of abduction and access cases, respectively, 

resolved during the preceding year; 
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(G) recommendations to improve the resolution of 

abduction and access cases; and 

(H) the average time it takes to locate a child; 

(3) the number of abducted children whose habitual residence is in the United States and who were returned to the 

United States from— 

(A) Convention countries; 

(B) bilateral procedures countries; 

(C) countries having other procedures for resolving 

such abductions; or 

(D) countries adhering to no protocols with respect 

to child abduction; 

(4) a list of Convention countries and bilateral procedures 

countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction 

and access cases; 

(5) a list of countries demonstrating a pattern of noncompliance and a description of the criteria on which the determination of a pattern of noncompliance for each country is based; 

(6) information on efforts by the Secretary of State to 

encourage non-Convention countries— 

(A) to ratify or accede to the Hague Abduction Convention; 

(B) to enter into or implement other bilateral procedures, including memoranda of understanding, with the 

United States; and 

(C) to address pending abduction and access cases; 

(7) the number of cases resolved without abducted children 

being returned to the United States from Convention countries, 

bilateral procedures countries, or other non-Convention countries; 

(8) a list of countries that became Convention countries 

with respect to the United States during the preceding year; 

and 

(9) information about efforts to seek resolution of abduction 

cases of children whose habitual residence is in the United 

States and whose abduction occurred before the Hague Abduction Convention entered into force with respect to the United 

States. 

(c) EXCEPTIONS.—Unless a left-behind parent provides written 

permission to the Central Authority of the United States to include 

personally identifiable information about the parent or the child 

in the Annual Report, the Annual Report may not include any 

personally identifiable information about any such parent, child, 

or party to an abduction or access case involving such parent 

or child. 

(d) ADDITIONAL SECTIONS.—Each Annual Report shall also 

include— 

(1) information on the number of unresolved abduction 

cases affecting military parents; 

(2) a description of the assistance offered to such military 

parents; 

(3) information on the use of airlines in abductions, voluntary airline practices to prevent abductions, and recommendations for best airline practices to prevent abductions; 
H. R. 3212—9 

(4) information on actions taken by the Central Authority 

of the United States to train domestic judges in the application 

of the Hague Abduction Convention; and 

(5) information on actions taken by the Central Authority 

of the United States to train United States Armed Forces 

legal assistance personnel, military chaplains, and military 

family support center personnel about— 

(A) abductions; 

(B) the risk of loss of contact with children; and 

(C) the legal means available to resolve such cases. 

(e) REPEAL OF THE HAGUE ABDUCTION CONVENTION COMPLI- ANCE REPORT.—Section 2803 of the Foreign Affairs Reform and 

Restructuring Act of 1998 (42 U.S.C. 11611) is repealed. 

(f) NOTIFICATION TO CONGRESS ON COUNTRIES IN NONCOMPLI- ANCE.— (1) IN GENERAL.—The Secretary of State shall include, in 

a separate section of the Annual Report, the Secretary’s determination, pursuant to the provisions under section 202(b), of 

whether each country listed in the report has engaged in a 

pattern of noncompliance in cases of child abduction during 

the preceding 12 months. 

(2) CONTENTS.—The section described in paragraph (1)— 

(A) shall identify any action or actions described in 

section 202(d) (or commensurate action as provided in section 202(e)) that have been taken by the Secretary with 

respect to each country; 

(B) shall describe the basis for the Secretary’s determination of the pattern of noncompliance by each country; 

(C) shall indicate whether noneconomic policy options 

designed to resolve the pattern of noncompliance have 

reasonably been exhausted, including the consultations 

required under section 203. 

SEC. 102. STANDARDS AND ASSISTANCE. 

The Secretary of State shall— 

(1) ensure that United States diplomatic and consular missions abroad— 

(A) maintain a consistent reporting standard with 

respect to abduction and access cases; 

(B) designate at least 1 senior official in each such 

mission, at the discretion of the Chief of Mission, to assist 

left-behind parents from the United States who are visiting 

such country or otherwise seeking to resolve abduction 

or access cases; and 

(C) monitor developments in abduction and access 

cases; and 

(2) develop and implement written strategic plans for 

engagement with any Convention or non-Convention country 

in which there are 5 or more cases of international child abduction. 

SEC. 103. BILATERAL PROCEDURES, INCLUDING MEMORANDA OF 

UNDERSTANDING. 

(a) DEVELOPMENT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of State shall initiate 

a process to develop and enter into appropriate bilateral procedures, including memoranda of understanding, as appropriate, 
H. R. 3212—10 

with non-Convention countries that are unlikely to become 

Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that 

occurred before the Hague Abduction Convention entered into 

force with respect to the United States or that country. 

(2) PRIORITIZATION.—In carrying out paragraph (1), the 

Secretary of State shall give priority to countries with significant abduction cases and related issues. 

(b) ELEMENTS.—The bilateral procedures described in subsection (a) should include provisions relating to— 

(1) the identification of— 

(A) the Central Authority; 

(B) the judicial or administrative authority that will 

promptly adjudicate abduction and access cases; 

(C) the law enforcement agencies; and 

(D) the implementation of procedures to ensure the 

immediate enforcement of an order issued by the authority 

identified pursuant to subparagraph (B) to return an 

abducted child to a left-behind parent, including by— 

(i) conducting an investigation to ascertain the 

location of the abducted child; 

(ii) providing protection to the abducted child after 

such child is located; and 

(iii) retrieving the abducted child and making the 

appropriate arrangements for such child to be returned 

to the child’s country of habitual residence; 

(2) the implementation of a protocol to effectuate the return 

of an abducted child identified in an abduction case not later 

than 6 weeks after the application with respect to the abduction 

case has been submitted to the judicial or administrative 

authority, as applicable, of the country in which the abducted 

child is located; 

(3) the implementation of a protocol for the establishment 

and protection of the rights of interim contact during pendency 

of abduction cases; and 

(4) the implementation of a protocol to establish periodic 

visits between a United States embassy or consular official 

and an abducted child, in order to allow the official to ascertain 

the child’s location and welfare. 

SEC. 104. REPORT TO CONGRESSIONAL REPRESENTATIVES. 

(a) NOTIFICATION.—The Secretary of State shall submit written 

notification to the Member of Congress and Senators, or Resident 

Commissioner or Delegate, as appropriate, representing the legal 

residence of a left-behind parent if such parent— 

(1) reports an abduction to the Central Authority of the 

United States; and 

(2) consents to such notification. 

(b) TIMING.—At the request of any person who is a left-behind 

parent, including a left-behind parent who previously reported an 

abduction to the Central Authority of the United States before 

the date of the enactment of this Act, the notification required 

under subsection (a) shall be provided as soon as is practicable. 
H. R. 3212—11 

TITLE II—ACTIONS BY THE SECRETARY 

OF STATE 

SEC. 201. RESPONSE TO INTERNATIONAL CHILD ABDUCTIONS. 

(a) UNITED STATES POLICY.—It is the policy of the United 

States— 

(1) to promote the best interest of children wrongfully 

abducted from the United States by— 

(A) establishing legal rights and procedures for their 

prompt return; and 

(B) ensuring the enforcement of reciprocal international obligations under the Hague Abduction Convention or arrangements under bilateral procedures; 

(2) to promote the timely resolution of abduction cases 

through 1 or more of the actions described in section 202; 

and 

(3) to ensure appropriate coordination within the Federal 

Government and between Federal, State, and local agencies 

involved in abduction prevention, investigation, and resolution. 

(b) ACTIONS BY THE SECRETARY OF STATE IN RESPONSE TO

UNRESOLVED CASES.— (1) DETERMINATION OF ACTION BY THE SECRETARY OF

STATE.—For each abduction or access case relating to a child 

whose habitual residence is in the United States that remains 

pending or is otherwise unresolved on the date that is 12 

months after the date on which the Central Authority of the 

United States submits such case to a foreign country, the 

Secretary of State shall determine whether the government 

of such foreign country has failed to take appropriate steps 

to resolve the case. If the Secretary of State determines that 

such failure occurred, the Secretary should, as expeditiously 

as practicable— 

(A) take 1 or more of the actions described in subsections (d) and (e) of section 202; and 

(B) direct the Chief of Mission in that foreign country 

to directly address the resolution of the case with senior 

officials in the foreign government. 

(2) AUTHORITY FOR DELAY OF ACTION BY THE SECRETARY

OF STATE.—The Secretary of State may delay any action 

described in paragraph (1) if the Secretary determines that 

an additional period of time, not to exceed 1 year, will substantially assist in resolving the case. 

(3) REPORT.—If the Secretary of State delays any action 

pursuant to paragraph (2) or decides not to take an action 

described in subsection (d) or (e) of section 202 after making 

the determination described in paragraph (1), the Secretary, 

not later than 15 days after such delay or decision, shall provide 

a report to the appropriate congressional committees that 

details the reasons for delaying action or not taking action, 

as appropriate. 

(4) CONGRESSIONAL BRIEFINGS.—At the request of the 

appropriate congressional committees, the Secretary of State 

shall provide a detailed briefing, including a written report, 

if requested, on actions taken to resolve a case or the cause 

for delay. 

(c) IMPLEMENTATION.— 
H. R. 3212—12 

(1) IN GENERAL.—In carrying out subsection (b), the Secretary of State should— 

(A) take 1 or more actions that most appropriately 

respond to the nature and severity of the governmental 

failure to resolve the unresolved abduction case; and 

(B) seek, to the fullest extent possible— 

(i) to initially respond by communicating with the 

Central Authority of the country; and 

(ii) if clause (i) is unsuccessful, to target subsequent actions— 

(I) as narrowly as practicable, with respect 

to the agencies or instrumentalities of the foreign 

government that are responsible for such failures; 

and 

(II) in ways that respect the separation of 

powers and independence of the judiciary of the 

country, as applicable. 

(2) GUIDELINES FOR ACTIONS BY THE SECRETARY OF STATE.— 

In addition to the guidelines under paragraph (1), the Secretary 

of State, in determining whether to take 1 or more actions 

under paragraphs (5) through (7) of section 202(d) or section 

202(e), shall seek to minimize any adverse impact on— 

(A) the population of the country whose government 

is targeted by the action or actions; 

(B) the humanitarian activities of United States and 

nongovernmental organizations in the country; and 

(C) the national security interests of the United States. 

SEC. 202. ACTIONS BY THE SECRETARY OF STATE IN RESPONSE TO 

PATTERNS OF NONCOMPLIANCE IN CASES OF INTERNATIONAL CHILD ABDUCTIONS. 

(a) RESPONSE TO A PATTERN OF NONCOMPLIANCE.—It is the 

policy of the United States— 

(1) to oppose institutional or other systemic failures of 

foreign governments to fulfill their obligations pursuant to the 

Hague Abduction Convention or bilateral procedures, as 

applicable, to resolve abduction and access cases; 

(2) to promote reciprocity pursuant to, and in compliance 

with, the Hague Abduction Convention or bilateral procedures, 

as appropriate; and 

(3) to directly engage with senior foreign government officials to most effectively address patterns of noncompliance. 

(b) DETERMINATION OF COUNTRIES WITH PATTERNS OF NONCOMPLIANCE IN CASES OF INTERNATIONAL CHILD ABDUCTION.— 

(1) ANNUAL REVIEW.—Not later than April 30 of each year, 

the Secretary of State shall— 

(A) review the status of abduction and access cases 

in each foreign country in order to determine whether 

the government of such country has engaged in a pattern 

of noncompliance during the preceding 12 months; and 

(B) report such determination pursuant to section 

101(f). 

(2) DETERMINATIONS OF RESPONSIBLE PARTIES.—The Secretary of State shall seek to determine the agencies or 

instrumentalities of the government of each country determined 

to have engaged in a pattern of noncompliance under paragraph 

(1)(A) that are responsible for such pattern of noncompliance— 
H. R. 3212—13 

(A) to appropriately target actions in response to such 

noncompliance; and 

(B) to engage with senior foreign government officials 

to effectively address such noncompliance. 

(c) ACTIONS BY THE SECRETARY OF STATE WITH RESPECT TO

A COUNTRY WITH A PATTERN OF NONCOMPLIANCE.— 

(1) IN GENERAL.—Not later than 90 days (or 180 days 

in case of a delay under paragraph (2)) after a country is 

determined to have been engaged in a pattern of noncompliance 

under subsection (b)(1)(A), the Secretary of State shall— 

(A) take 1 or more of the actions described in subsection 

(d); 

(B) direct the Chief of Mission in that country to 

directly address the systemic problems that led to such 

determination; and 

(C) inform senior officials in the foreign government 

of the potential repercussions related to such designation. 

(2) AUTHORITY FOR DELAY OF ACTIONS BY THE SECRETARY

OF STATE.—The Secretary shall not be required to take action 

under paragraph (1) until the expiration of a single, additional 

period of up to 90 days if, on or before the date on which 

the Secretary of State is required to take such action, the 

Secretary determines and certifies to the appropriate congressional committees that such additional period is necessary— 

(A) for a continuation of negotiations that have been 

commenced with the government of a country described 

in paragraph (1) in order to bring about a cessation of 

the pattern of noncompliance by such country; 

(B) for a review of corrective action taken by a country 

after the designation of such country as being engaged 

in a pattern of noncompliance under subsection (b)(1)(A); 

or 

(C) in anticipation that corrective action will be taken 

by such country during such 90-day period. 

(3) EXCEPTION FOR ADDITIONAL ACTION BY THE SECRETARY

OF STATE.—The Secretary of State shall not be required to 

take additional action under paragraph (1) with respect to 

a country determined to have been engaged in a persistent 

pattern of noncompliance if the Secretary— 

(A) has taken action pursuant to paragraph (5), (6), 

or (7) of subsection (d) with respect to such country in 

the preceding year and such action continues to be in 

effect; 

(B) exercises the waiver under section 204 and briefs 

the appropriate congressional committees; or 

(C) submits a report to the appropriate congressional 

committees that— 

(i) indicates that such country is subject to multiple, broad-based sanctions; and 

(ii) describes how such sanctions satisfy the 

requirements under this subsection. 

(4) REPORT TO CONGRESS.—Not later than 90 days after 

the submission of the Annual Report, the Secretary shall submit 

a report to Congress on the specific actions taken against 

countries determined to have been engaged in a pattern of 

noncompliance under this section. 
H. R. 3212—14 

(d) DESCRIPTION OF ACTIONS BY THE SECRETARY OF STATE IN

HAGUE ABDUCTION CONVENTION COUNTRIES.—Except as provided 

in subsection (f), the actions by the Secretary of State referred 

to in this subsection are— 

(1) a demarche; 

(2) an official public statement detailing unresolved cases; 

(3) a public condemnation; 

(4) a delay or cancellation of 1 or more bilateral working, 

official, or state visits; 

(5) the withdrawal, limitation, or suspension of United 

States development assistance in accordance with section 116 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n); 

(6) the withdrawal, limitation, or suspension of United 

States security assistance in accordance with section 502B of 

the Foreign Assistance Act of 1961 (22 U.S.C. 2304); 

(7) the withdrawal, limitation, or suspension of assistance 

to the central government of a country pursuant to chapter 

4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 

2346 et seq.; relating to the Economic Support Fund); and 

(8) a formal request to the foreign country concerned to 

extradite an individual who is engaged in abduction and who 

has been formally accused of, charged with, or convicted of 

an extraditable offense. 

(e) COMMENSURATE ACTION.— 

(1) IN GENERAL.—Except as provided in subsection (f), the 

Secretary of State may substitute any other action authorized 

by law for any action described in subsection (d) if the Secretary 

determines that such action— 

(A) is commensurate in effect to the action substituted; 

and 

(B) would substantially further the purposes of this 

Act. 

(2) NOTIFICATION.—If commensurate action is taken pursuant to this subsection, the Secretary shall submit a report 

to the appropriate congressional committees that— 

(A) describes such action; 

(B) explains the reasons for taking such action; and 

(C) specifically describes the basis for the Secretary’s 

determination under paragraph (1) that such action— 

(i) is commensurate with the action substituted; 

and 

(ii) substantially furthers the purposes of this Act. 

(f) RESOLUTION.—The Secretary of State shall seek to take 

all appropriate actions authorized by law to resolve the unresolved 

case or to obtain the cessation of such pattern of noncompliance, 

as applicable. 

(g) HUMANITARIAN EXCEPTION.—Any action taken pursuant to 

subsection (d) or (e) may not prohibit or restrict the provision 

of medicine, medical equipment or supplies, food, or other lifesaving humanitarian assistance. 

SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS. 

As soon as practicable after the Secretary of State makes a 

determination under section 201 in response to a failure to resolve 

unresolved abduction cases or the Secretary takes an action under 

subsection (d) or (e) of section 202, based on a pattern of noncompliance, the Secretary shall request consultations with the government 
H. R. 3212—15 

of such country regarding the situation giving rise to such determination. 

SEC. 204. WAIVER BY THE SECRETARY OF STATE. 

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

State may waive the application of any of the actions described 

in subsections (d) and (e) of section 202 with respect to a country 

if the Secretary determines and notifies the appropriate congressional committees that— 

(1) the government of such country— 

(A) has satisfactorily resolved the abduction cases 

giving rise to the application of any of such actions; or 

(B) has ended such country’s pattern of noncompliance; 

or 

(2) the national security interest of the United States 

requires the exercise of such waiver authority. 

(b) CONGRESSIONAL NOTIFICATION.—Not later than the date 

on which the Secretary of State exercises the waiver authority 

under subsection (a), the Secretary shall— 

(1) notify the appropriate congressional committees of such 

waiver; and 

(2) provide such committees with a detailed justification 

for such waiver, including an explanation of the steps the 

noncompliant government has taken— 

(A) to resolve abductions cases; or 

(B) to end its pattern of noncompliance. 

(c) PUBLICATION IN FEDERAL REGISTER.—Subject to subsection 

(d), the Secretary of State shall ensure that each waiver determination under this section— 

(1) is published in the Federal Register; or 

(2) is posted on the Department of State website. 

(d) LIMITED DISCLOSURE OF INFORMATION.—The Secretary of 

State may limit the publication of information under subsection 

(c) in the same manner and to the same extent as the President 

may limit the publication of findings and determinations described 

in section 654(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2414(c)), if the Secretary determines that the publication of such 

information would be harmful to the national security of the United 

States and would not further the purposes of this Act. 

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

Any specific action taken under this Act or any amendment 

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

on the date on which the Secretary of State submits a written 

certification to Congress that the government of such country— 

(1) has resolved any unresolved abduction case that gave 

rise to such specific action; or 

(2) has taken substantial and verifiable steps to correct 

such country’s persistent pattern of noncompliance that gave 

rise to such specific action, as applicable. 
H. R. 3212—16 

TITLE III—PREVENTION OF 

INTERNATIONAL CHILD ABDUCTION 

SEC. 301. PREVENTING CHILDREN FROM LEAVING THE UNITED 

STATES IN VIOLATION OF A COURT ORDER. 

(a) IN GENERAL.—Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding 

at the end the following: 

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

‘‘(a) PROGRAM ESTABLISHED.—The Secretary, through the 

Commissioner of U.S. Customs and Border Protection (referred 

to in this section as ‘CBP’), in coordination with the Secretary 

of State, the Attorney General, and the Director of the Federal 

Bureau of Investigation, shall establish a program that— 

‘‘(1) seeks to prevent a child (as defined in section 1204(b)(1) 

of title 18, United States Code) from departing from the territory of the United States if a parent or legal guardian of 

such child presents a court order from a court of competent 

jurisdiction prohibiting the removal of such child from the 

United States to a CBP Officer in sufficient time to prevent 

such departure for the duration of such court order; and 

‘‘(2) leverages other existing authorities and processes to 

address the wrongful removal and return of a child. 

‘‘(b) INTERAGENCY COORDINATION.— ‘‘(1) IN GENERAL.—The Secretary of State shall convene 

and chair an interagency working group to prevent international parental child abduction. The group shall be composed 

of presidentially appointed, Senate confirmed officials from— 

‘‘(A) the Department of State; 

‘‘(B) the Department of Homeland Security, including 

U.S. Customs and Border Protection and U.S. Immigration 

and Customs Enforcement; and 

‘‘(C) the Department of Justice, including the Federal 

Bureau of Investigation. 

‘‘(2) DEPARTMENT OF DEFENSE.—The Secretary of Defense 

shall designate an official within the Department of Defense— 

‘‘(A) to coordinate with the Department of State on 

international child abduction issues; and 

‘‘(B) to oversee activities designed to prevent or resolve 

international child abduction cases relating to active duty 

military service members.’’. 

(b) CLERICAL AMENDMENT.—The table of contents of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by adding 

after the item relating to section 432 the following: 

‘‘Sec. 433. Prevention of international child abduction.’’. 

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

(a) IN GENERAL.—The Secretary of State, subject to the availability of appropriations, shall seek to provide training, directly 

or through another government agency or nongovernmental 

organizations, on the effective handling of parental abduction cases 

to the judicial and administrative authorities in countries— 

(1) in which a significant number of unresolved abduction 

cases are pending; or 
H. R. 3212—17 

(2) that have been designated as having a pattern of noncompliance under section 202(b). 

(b) STRATEGY REQUIREMENT.—Not later than 180 days after 

the date of the enactment of this Act, the President shall submit 

a strategy to carry out the activities described in subsection (a) 

to— 

(1) the Committee on Foreign Relations of the Senate; 

(2) the Committee on Foreign Affairs of the House of Representatives; 

(3) the Committee on Appropriations of the Senate; and 

(4) the Committee on Appropriations of the House of Representatives. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated 

to the Secretary of State $1,000,000 for each of the fiscal 

years 2015 and 2016 to carry out subsection (a). 

(2) USE OF FUNDS.—Amounts appropriated for the activities 

set forth in subsection (a) shall be used pursuant to the 

authorization and requirements under this section. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.