I 

113TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2013 

Mr. SMITH of New Jersey (for himself, Mr. MORAN, Mr. WOLF, Mr. MEADOWS, Mr. KENNEDY, Mr. SHERMAN, Mr. LIPINSKI, Mr. HOLDING, and 

Mr. BURGESS) introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

A BILL 

To ensure compliance with the 1980 Hague Convention on 

the Civil Aspects of International Child Abduction by 

countries with which the United States enjoys reciprocal 

obligations, to establish procedures for the prompt return 

of children abducted to other countries, and for other 

purposes. 

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


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

3 ‘‘Sean and David Goldman International Child Abduction 

4 Prevention and Return Act of 2013’’. 

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

6 this Act is as follows: 

Sec. 1. Short title and table of contents. 

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

Sec. 3. Definitions. 

Sec. 4. Funding. 

TITLE I—DEPARTMENT OF STATE ACTIONS 

Sec. 101. Annual report. 

Sec. 102. Standards and assistance. 

Sec. 103. Memorandum of understanding. 

Sec. 104. Notification of congressional representatives. 

TITLE II—PRESIDENTIAL ACTIONS 

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

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

cases of international child abductions. 

Sec. 203. Consultations with foreign governments. 

Sec. 204. Report to Congress. 

Sec. 205. Presidential actions. 

Sec. 206. Presidential waiver. 

Sec. 207. Publication in Federal Register. 

Sec. 208. Termination of Presidential actions. 

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

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

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

10 resident of New Jersey, was abducted from the 

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

13 battling for the return of his son from Brazil before 

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

15 on December 24, 2009. 


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1 (2) The Department of State’s Office of Chil2 dren’s Issues, which serves as the Central Authority 

3 of the United States for the purposes of the 1980 

4 Hague Convention on the Civil Aspects of Inter5 national Child Abduction, has received thousands of 

6 requests since 2007 for assistance in the return to 

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

10 significant obstacles to the recovery of abducted chil11 dren, as well as the legal and factual complexity in12 volving 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 child abductions are reported to the Central 

16 Authority of the United States every year. 

17 (4) Only about half of the children abducted 

18 from the United States to countries with which the 

19 United States enjoys reciprocal obligations under the 

20 Hague Abduction Convention are returned to the 

21 United States. 

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

24 Abduction Convention, ‘‘to protect children inter25 nationally from the harmful effects of their wrongful 


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1 removal or retention and to establish procedures to 

2 ensure their prompt return to the State of their ha3 bitual residence, as well as to secure protection for 

4 rights of access.’’. 

5 (6) Compliance by the United States and Con6 vention countries depends on the actions of their 

7 designated central authorities, the performance of 

8 their judiciaries as reflected in the legal process and 

9 decisions rendered to enforce or effectuate the 

10 Hague Abduction Convention, and the ability and 

11 willingness of their law enforcement to insure the 

12 swift enforcement of orders rendered pursuant to the 

13 Hague Abduction Convention. 

14 (7) According to data compiled by the Central 

15 Authority of the United States, approximately 40 

16 percent of abduction 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 Department of State’s 

23 April 2010 Report on Compliance with the Hague 

24 Convention on the Civil Aspects of International 

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1 izes 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 serious 

5 emotional and psychological problems and have been 

6 found to experience anxiety, eating problems, night7 mares, mood swings, sleep disturbances, aggressive 

8 behavior, resentment, guilt and fearfulness, and as 

9 adults may struggle with identity issues, personal re10 lationships, and parenting. 

11 (10) Left-behind parents may encounter sub12 stantial psychological and emotional problems, and 

13 few have the extraordinary financial resources nec14 essary to pursue individual civil or criminal remedies 

15 in both the United States and a foreign country, 

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

18 children by evoking diplomatic and humanitarian 

19 remedies. 

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

22 pursue multinational litigation or take leave to at23 tend multiple court proceedings, and foreign authori24 ties may not schedule proceedings to accommodate 

25 such duties. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the United 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 residence is not the United States. 

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

7 (1) protect children whose habitual residence is 

8 the United States from the harmful effects of abduc9 tion and to assist left-behind parents to have access 

10 to their abducted child in a safe and predictable 

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

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

17 procedures, risk assessment tools, and the practical 

18 means for overcoming obstacles to recovering an ab19 ducted child; 

20 (3) establish measured, effective, and predict21 able actions to be undertaken by the President on 

22 behalf of abducted children whose habitual residence 

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

24 (4) promote an international consensus that it 

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1 lated to their care and custody determined in the 

2 country of their habitual residence; 

3 (5) provide the necessary training for officials 

4 of the United States Armed Forces and the Depart5 ment of Defense to establish policies and provide 

6 services to military parents that address the unique 

7 circumstances of abductions and violations of rights 

8 of access that may occur with regard to military de9 pendent children; and 

10 (6) encourage the effective implementation of 

11 international mechanisms, particularly those estab12 lished pursuant to the Hague Abduction Convention, 

13 to achieve reciprocity in the resolution of abductions 

14 and to protect children from the harmful effects of 

15 an abduction. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

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

19 child’’ means a child who is the victim of an abduc20 tion. 

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

22 means— 

23 (A) the alleged wrongful removal of a child 

24 from the child’s country of habitual residence; 


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1 (B) the alleged wrongful retention of a 

2 child outside the child’s country of habitual res3 idence; or 

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

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

8 case’’ means a case involving an application filed 

9 with the Central Authority of the United States by 

10 a left-behind parent for the resolution of an abduc11 tion. 

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

13 means a case involving an application 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) ANNUAL REPORT.—The term ‘‘Annual Re17 port’’ means the Annual Report on International 

18 Child Abduction required under section 101. 

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

20 means— 

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

22 the application required pursuant to article 8 of 

23 the Hague Abduction Convention; 

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

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1 visions of the applicable MOU to request the re2 turn of an abducted child or to request rights 

3 of access, as applicable; and 

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

5 formal request by the Central Authority of the 

6 United States to the Central Authority of such 

7 country requesting the return of an abducted 

8 child or for rights of access to an abducted 

9 child. 

10 (7) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means the Committee on Foreign Affairs of 

13 the House of Representatives and the Committee on 

14 Foreign Relations of the Senate. 

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

16 Authority’’ means— 

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

18 the meaning given such term in article 6 of the 

19 Hague Abduction Convention; 

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

22 the MOU country within the applicable MOU 

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

24 duties imposed on the entity in such MOU; and 


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

2 foreign ministry of such country. 

3 (9) CHILD.—The term ‘‘child’’ means an indi4 vidual who has not attained the age of 16. 

5 (10) CONVENTION COUNTRY.—The term ‘‘Con6 vention country’’ means a country other than the 

7 United States that has ratified, acceded, or suc8 ceeded to the Hague Abduction Convention and with 

9 respect to which the United States has entered into 

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

12 (11) HAGUE ABDUCTION CONVENTION.—The 

13 term ‘‘Hague Abduction Convention’’ means the 

14 Convention on the Civil Aspects of International 

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

16 1980. 

17 (12) LEFT-BEHIND PARENT.—The term ‘‘left18 behind parent’’ means an individual or entity, either 

19 individually or jointly, who alleges that an abduction 

20 has occurred that is in breach of rights of custody— 

21 (A) attributed to such individual or entity, 

22 as applicable; and 

23 (B) exercised at the time of the abduction 

24 or that would have been exercised but for the 

25 abduction. 


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1 (13) LEGAL RESIDENCE.—The term ‘‘legal resi2 dence’’ means 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, the congressional district and State to which 

6 the individual intends to return. 

7 (14) MILITARY DEPENDENT CHILD.—The term 

8 ‘‘military dependent child’’ means a child whose ha9 bitual residence is the United States according to 

10 United States law even though the child is residing 

11 outside the United States with a military parent. 

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

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 Forces. 

17 (16) MOU.—The term ‘‘MOU’’ means a memo18 randum of understanding between the United States 

19 and a country that is not a Convention country to 

20 resolve abduction cases and access cases. 

21 (17) MOU COUNTRY.—The term ‘‘MOU coun22 try’’ means a country with respect to which the 

23 United States has entered into an MOU. 


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1 (18) NONPARTY COUNTRY.—The term 

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

3 a Convention country nor an MOU country. 

4 (19) PATTERN OF NONCOOPERATION.— 

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

6 noncooperation’’ means the persistent failure— 

7 (i) of a Convention country to imple8 ment and abide by the provisions of the 

9 Hague Abduction Convention; and 

10 (ii) of an MOU country to implement 

11 and abide by the provisions of the applica12 ble MOU. 

13 (B) CRITERIA.—Such persistent failure 

14 may be evidenced by one or more of the fol15 lowing criteria: 

16 (i) The existence of 10 or more unre17 solved abduction cases. 

18 (ii) The failure of the Central Author19 ity of the country to fulfill its responsibil20 ities pursuant to the Hague Abduction 

21 Convention or the MOU, as applicable. 

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

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


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1 the Hague Abduction Convention or the 

2 MOU, as applicable. 

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) RIGHTS OF ACCESS.—The term ‘‘rights of 

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

12 and a left-behind parent provided as a provisional 

13 measure while an abduction case is pending, by op14 eration of law or by reason of judicial or administra15 tive determination or by agreement having legal ef16 fect, under the law of the country in which the child 

17 is located. 

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

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

20 abducted child, including the right to determine the 

21 place of residence of an abducted child— 

22 (A) attributed to an individual or entity, 

23 either individually or jointly, and 


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1 (B) arising by operation of law or by rea2 son of a judicial or administrative decision, or 

3 by reason of an agreement having legal effect, 

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

5 an habitual resident immediately before the abduc6 tion. 

7 (22) UNRESOLVED ABDUCTION CASE.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B), the term ‘‘unresolved abduction 

10 case’’ means an abduction case that remains 

11 unresolved for a period that exceeds 180 days 

12 after the date on which the completed applica13 tion for return of the child is submitted for de14 termination to the judicial or administrative au15 thority, as applicable, in the country in which 

16 the child is located. 

17 (B) RESOLUTION OF CASE.—An abduction 

18 case shall be considered to be resolved if— 

19 (i) the child is returned to the country 

20 of habitual residence, pursuant to the 

21 Hague Abduction Convention or MOU, if 

22 applicable; 

23 (ii) the judicial or administrative 

24 branch, as applicable, of the national gov25 ernment of the country in which the child 


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1 is located has implemented and is com2 plying with the provisions of the Hague 

3 Abduction Convention or the MOU, as ap4 plicable, and a final determination is made 

5 by such judicial or administrative branch 

6 that the child will not be returned to the 

7 country of habitual residence; or 

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

9 SEC. 4. FUNDING. 

10 Amounts necessary to carry out this Act shall be 

11 taken out of the discretionary funds available to the Sec12 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 GENERAL.—Not later than March 31 of each 

18 year, the Secretary of State shall submit to the appro19 priate congressional committees an Annual Report on 

20 International Child Abduction. 

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

22 the following: 

23 (1) A list of all countries with respect to which 

24 there were one or more abduction cases during the 

25 preceding year that identifies whether each such 


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1 country is a Convention country, an MOU country, 

2 or a nonparty country. 

3 (2) For each country with respect to which 

4 there were 5 or more abduction cases during the 

5 preceding year: 

6 (A) The number of abduction cases 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 access cases, respectively, that 

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

12 such Annual Report is submitted. 

13 (C)(i) For Convention and MOU countries, 

14 the number of abduction cases and the number 

15 of access cases, respectively, that were pending 

16 at any point for more than 180 days after the 

17 date on which the Central Authority of the 

18 United States transmitted the complete applica19 tion for each such case to the Central Authority 

20 of such country, and were not submitted by the 

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

23 within the 180-day period. 

24 (ii) The reason for the delay in submission 

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1 tral Authority of such country to the judicial or 

2 administrative authority. 

3 (D) The number of unresolved abduction 

4 cases, and the length of time each case has 

5 been pending. 

6 (E) The number of unresolved abduction 

7 cases in which a completed application has been 

8 filed and law enforcement has failed to locate 

9 the abducted child or to enforce a return order 

10 rendered by the judicial or administrative au11 thorities of such country. 

12 (F) The median time required for resolu13 tion of abduction cases during the preceding 

14 year, to be measured from the date on which 

15 the application with respect to the abduction 

16 case is transmitted by the Central Authority of 

17 the United States to the Central Authority of 

18 such country to the date on which the abduc19 tion case is resolved. 

20 (G) The percentage of the total number of 

21 abduction cases and access cases, respectively, 

22 resolved during the preceding year. 

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1 ment of State to resolve such case, including 

2 the specific actions taken by the United States 

3 chief of mission in such country. 

4 (I) Recommendations to improve resolution 

5 of abduction cases and access cases. 

6 (3) The number of abducted children from the 

7 United States who were returned to the United 

8 States from Convention countries, MOU countries, 

9 and nonparty countries, respectively. 

10 (4) A list of Convention countries and MOU 

11 countries that have failed to comply with any of 

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

14 the resolution of abduction cases and access cases. 

15 (5) A list of countries demonstrating a pattern 

16 of noncooperation, and a summary of the criteria on 

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

19 (6)(A) Information on efforts by the Secretary 

20 of State to encourage other countries to become sig21 natories to the Hague Abduction Convention or to 

22 enter into an MOU. 

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

24 shall include efforts to address pending abduction 

25 cases and access cases in such countries. 


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

2 of State to encourage Convention countries and 

3 MOU countries to facilitate the work of nongovern4 mental organizations within their respective coun5 tries that assist left-behind parents. 

6 (c) EXCEPTION.—The Annual Report shall not in7 clude— 

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

9 involved in abduction cases or access cases; or 

10 (2) information that may identify a party in11 volved in an abduction case or access case unless 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 Report. 

15 (d) ADDITIONAL THEMATIC SECTIONS.—Each An16 nual Report shall also include— 

17 (1) information on the number of unresolved 

18 abduction cases affecting left-behind parents who 

19 are military parents and a summary of assistance of20 fered to such left-behind parents; 

21 (2) information on the use of airlines in abduc22 tions, voluntary airline practices to prevent abduc23 tions, and recommendations for best airline practices 

24 to prevent abductions; 


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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) information on actions taken by the Central 

6 Authority of the United States to train United 

7 States Armed Forces legal assistance personnel, 

8 military chaplains, and military family support cen9 ter personnel about abductions, the risk of loss of 

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

12 (e) REPEAL OF THE HAGUE CONVENTION COMPLI13 ANCE REPORT.—Section 2803 of the Foreign Affairs Re14 form and Restructuring Act of 1998 (42 U.S.C. 11611) 

15 is repealed. 

16 SEC. 102. STANDARDS AND ASSISTANCE. 

17 The Secretary of State shall ensure that United 

18 States diplomatic and consular missions abroad— 

19 (1) maintain a consistent reporting standard 

20 with respect to abduction cases and access cases in21 volving abducted children in the country in which 

22 such mission is located for purposes of the Annual 

23 Report; 

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

25 mission to assist left-behind parents from the United 


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1 States who are visiting such country to resolve cases 

2 involving an abduction or rights of access; and 

3 (3) monitor developments in cases 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 with every country that is not 

9 a Convention country and is unlikely to become a Conven10 tion country in the forseeable future, that includes— 

11 (1) identification of the Central Authority; 

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

13 the return of an abducted child identified in an ab14 duction case not later than 6 weeks after the appli15 cation with respect to the abduction case has been 

16 submitted to the judicial or administrative authority, 

17 as applicable, of the country in which the abducted 

18 child is located; 

19 (3) a protocol for the establishment and protec20 tion of the rights of access; 

21 (4) identification of the judicial or administra22 tive authority that will promptly adjudicate abduc23 tion cases and access cases; 

24 (5) identification of a law enforcement agency 

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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 by— 

5 (A) conducting an investigation to ascer6 tain the location of the abducted child; 

7 (B) providing protection to the abducted 

8 child after such child is located; and 

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

11 to be returned to the country of habitual resi12 dence; 

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

15 and an abducted child to allow the official to ascer16 tain the child’s location and welfare; and 

17 (7) such other provisions as determined to be 

18 appropriate by the Secretary of State. 

19 (b) RULE OF CONSTRUCTION.— 

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

21 construed to prohibit the United States from pro22 posing and entering into a memorandum of under23 standing with a Convention country to further clar24 ify the reciprocal obligations of the United States 


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

3 (2) TREATMENT OF OBLIGATIONS OF CONVEN4 TION COUNTRY.—In those instances in which there 

5 is a memorandum of understanding as described in 

6 paragraph (1), the obligations of the Convention 

7 country under such memorandum shall be consid8 ered to be obligations of such country under the 

9 Hague Abduction Convention for purposes of this 

10 Act. 

11 SEC. 104. NOTIFICATION OF CONGRESSIONAL REPRESENT12 ATIVES. 

13 (a) NOTIFICATION.—Except as provided in sub14 section (b), the Secretary of State shall notify in writing 

15 the Member of Congress and Senators representing the 

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

17 reports an abduction to the Central Authority of the 

18 United States. 

19 (b) EXCEPTION.—The notification requirement under 

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

21 does not consent to the notification described in such sub22 section. 

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

2 Congress. 

3 TITLE II—PRESIDENTIAL 

4 ACTIONS 

5 SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRE6 SOLVED CASES. 

7 (a) RESPONSE TO INTERNATIONAL CHILD ABDUC8 TIONS.— 

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

10 policy of the United States to— 

11 (A) promote the best interest of children 

12 abducted from the United States by estab13 lishing legal rights and procedures for their 

14 prompt return and by promoting such rights 

15 and procedures through actions that ensure the 

16 enforcement of reciprocal international obliga17 tions; and 

18 (B) recognize the international character 

19 of the Hague Abduction Convention, and the 

20 need for reciprocity pursuant to and the uni21 form international interpretation of the Hague 

22 Abduction Convention, by promoting the timely 

23 resolution of abduction cases through one or 

24 more of the actions described in section 205. 


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1 (2) REQUIREMENT OF PRESIDENTIAL AC2 TION.—Whenever 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 such failure through one or more of the actions 

6 described in subsection (b). 

7 (b) PRESIDENTIAL ACTIONS.— 

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

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

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

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

13 more of the actions described in paragraphs (1) 

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

16 such country. 

17 (2) DEADLINE FOR ACTIONS.— 

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

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

20 each year, the President shall take one or more 

21 of the actions described in paragraphs (1) 

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

24 respect to each foreign country the government 


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

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

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

5 section 205(a) (or commensurate action as pro6 vided in section 205(b))— 

7 (i) the action may only be taken after 

8 the requirements of sections 203 and 204 

9 have been satisfied; and 

10 (ii) the March 31 deadline to take the 

11 action shall not apply. 

12 (3) AUTHORITY FOR DELAY OF PRESIDENTIAL

13 ACTIONS.—The President may delay action de14 scribed in any of the paragraphs (10) through (12) 

15 of section 205(a) (or commensurate action as pro16 vided in section 205(b)), as required under para17 graph (2), if the President determines and certifies 

18 to the appropriate congressional committees that an 

19 additional, specified period of time is necessary for 

20 a continuation of negotiations that have been com21 menced with the country to resolve the unresolved 

22 case. 

23 (c) IMPLEMENTATION.— 

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

25 (b), the President shall— 


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1 (A) take one or more actions that most ap2 propriately respond to the nature and severity 

3 of the failure to resolve the unresolved abduc4 tion cases; and 

5 (B) seek to the fullest extent possible to 

6 target action as narrowly as practicable with re7 spect to the agencies or instrumentalities of the 

8 foreign government that are responsible for 

9 such failures, in ways that respect the separa10 tion of powers and independence of the judici11 ary in foreign countries. 

12 (2) GUIDELINES FOR PRESIDENTIAL AC13 TIONS.—In addition to the guidelines under para14 graph (1), the President, in determining whether to 

15 take one or more actions under paragraphs (10) 

16 through (12) of section 205(a) (or commensurate ac17 tion as provided in section 205(b)), shall seek to 

18 minimize any adverse impact on— 

19 (A) the population of the country whose 

20 government is targeted by the action or actions; 

21 and 

22 (B) the humanitarian activities of United 

23 States and foreign nongovernmental organiza24 tions in the country. 


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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 NONCOOPERA5 TION.— 

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

7 policy of the United States to— 

8 (A) oppose institutional or other systemic 

9 failures of foreign governments to fulfill their 

10 obligations pursuant to the Hague Abduction 

11 Convention or MOU, as applicable, to resolve 

12 abduction cases and access cases; and 

13 (B) promote reciprocity pursuant to and 

14 compliance with the Hague Abduction Conven15 tion by Convention countries and compliance 

16 with the applicable MOU by MOU countries. 

17 (2) REQUIREMENT OF PRESIDENTIAL AC18 TION.—Whenever the President determines that the 

19 government of a foreign country has engaged in a 

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

22 cases through one or more of the actions described 

23 in subsection (c). 

24 (b) DESIGNATIONS OF COUNTRIES WITH PATTERNS

25 OF NONCOOPERATION IN CASES OF INTERNATIONAL

26 CHILD ABDUCTION.— 


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1 (1) ANNUAL REVIEW.— 

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

3 31 of each year, the President shall review the 

4 status of abduction cases and access cases in 

5 each foreign country to determine whether the 

6 government of such country has engaged in a 

7 pattern of noncooperation during the preceding 

8 12 months or since the date of the last review 

9 of such country under this subparagraph, 

10 whichever period is longer. The President shall 

11 designate each country the government of which 

12 has engaged in a pattern of noncooperation as 

13 a Country With a Pattern of Noncooperation. 

14 (B) BASIS OF REVIEW.—Each review con15 ducted under subparagraph (A) shall be based 

16 upon information contained in the latest Annual 

17 Report and on any other evidence available. 

18 (2) DETERMINATIONS OF RESPONSIBLE PAR19 TIES.—For the government of each country des20 ignated as a Country With a Pattern of Noncoopera21 tion under paragraph (1)(A), the President shall 

22 seek to determine the agencies or instrumentalities 

23 of such government that are responsible for the pat24 tern of noncooperation by such government in order 


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1 to appropriately target actions under this section in 

2 response. 

3 (3) CONGRESSIONAL NOTIFICATION.—Whenever 

4 the President designates a country as a Country 

5 With a Pattern of Noncooperation under paragraph 

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

7 after such designation is made, transmit to the ap8 propriate congressional committees— 

9 (A) the designation of the country, signed 

10 by the President; and 

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

12 agencies or instrumentalities determined under 

13 paragraph (2). 

14 (c) PRESIDENTIAL ACTIONS WITH RESPECT TO A

15 COUNTRY WITH A PATTERN OF NONCOOPERATION.— 

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

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

18 of Noncooperation designated under subsection 

19 (b)(1)(A), the President shall, after the require20 ments of sections 203 and 204 have been satisfied, 

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

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

23 designation of the country under such subsection, 

24 take one or more of the actions under paragraphs 


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

3 (2) AUTHORITY FOR DELAY OF PRESIDENTIAL

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

6 the President determines and certifies to the appro7 priate congressional committees that a single, addi8 tional period of time not to exceed 90 days is nec9 essary— 

10 (A) for a continuation of negotiations that 

11 have been commenced with the government of a 

12 country described in such paragraph to bring 

13 about a cessation of the pattern of noncoopera14 tion by such country, or 

15 (B) for a review of corrective action taken 

16 by such country after designation of such coun17 try as a Country With a Pattern of Non18 cooperation under subsection (b)(1)(A) or in 

19 anticipation that corrective action will be taken 

20 by such country during such 90-day period, 

21 the President shall not be required to take such ac22 tion until the expiration of such period of time. 

23 (3) EXCEPTION FOR ONGOING PRESIDENTIAL

24 ACTION.— 


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

2 be required to take action under paragraph (1) 

3 with respect to a Country With a Pattern of 

4 Noncooperation if— 

5 (i) the President has taken action 

6 pursuant to paragraph (1) with respect to 

7 such country in a preceding year, such ac8 tion is in effect at the time such country 

9 is designated as a Country with a Pattern 

10 of Noncooperation under subsection 

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

12 the appropriate congressional committees 

13 the information described in section 204 

14 regarding the actions in effect with respect 

15 to such country; or 

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

17 President determines that such country is 

18 subject to multiple, broad-based sanctions 

19 imposed in significant part in response to 

20 human rights abuses and that such sanc21 tions also satisfy the requirements of this 

22 subsection. 

23 (B) ADDITIONAL REQUIREMENTS.—If the 

24 President makes a determination under sub25 paragraph (A)(ii)— 


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1 (i) the report under section 204 and, 

2 as applicable, the publication in the Fed3 eral 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 subject to section 209. 

9 (d) RULE OF CONSTRUCTION.—A determination 

10 under this section that a foreign country has engaged in 

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

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

14 including section 116 or 502B of the Foreign Assistance 

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

16 SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS. 

17 As soon as practicable after the President makes a 

18 determination under section 201 in response to failures 

19 to resolve unresolved abduction cases and the President 

20 decides to take action under paragraphs (10) through (12) 

21 of section 205(a) (or commensurate action as provided in 

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

23 than 90 days after the President designates a country as 

24 a country with a pattern of noncooperation pursuant to 

25 section 202(b)(1)(a), the President shall— 


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1 (1) request consultation with the government of 

2 such country regarding the failures giving rise to 

3 designation of that country as a Country With a 

4 Pattern of Noncooperation regarding the pattern of 

5 noncooperation or to action under section 201; and 

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

7 with such country, privately or publicly. 

8 SEC. 204. REPORT TO CONGRESS. 

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

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

12 unresolved abduction cases and the President decides to 

13 take action under paragraphs (10) through (12) of section 

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

15 205(b)) with respect to that country, or not later than 

16 90 days after the President designates a country as a 

17 Country With a Pattern of Noncooperation pursuant to 

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

19 appropriate congressional committees a report on the fol20 lowing: 

21 (1) IDENTIFICATION OF PRESIDENTIAL AC22 TIONS.—An identification of the action or actions 

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

24 as provided in section 205(b)) to be taken with re25 spect to such country. 


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

3 the pattern of noncooperation, as applicable, giving 

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

5 President. 

6 (3) PURPOSE OF PRESIDENTIAL ACTIONS.—A 

7 description of the purpose of the action or actions. 

8 (4) EVALUATION.— 

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

13 the anticipated impact of the Presidential ac14 tion upon— 

15 (i) pending abduction cases in such 

16 country; 

17 (ii) the government of such country; 

18 (iii) the population of such country; 

19 (iv) the United States economy; 

20 (v) other interested parties; and 

21 (vi) if such country is a Convention 

22 country or an MOU country, the reciprocal 

23 fulfillment of obligations pursuant to such 

24 Convention or applicable MOU, as applica25 ble. 


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

4 necessary. 

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

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

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

12 before the date that the President is required to submit 

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

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

16 not to exceed 90 days is necessary pursuant to section 

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

18 the report to such committees until the expiration of such 

19 period of time. 

20 SEC. 205. PRESIDENTIAL ACTIONS. 

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

23 referred to in this subsection are the following: 

24 (1) A private demarche. 

25 (2) An official public demarche. 


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1 (3) A public condemnation. 

2 (4) A public condemnation within one or more 

3 multilateral fora. 

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

5 scientific exchanges. 

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

7 cultural exchanges. 

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

9 or state visits. 

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

11 working, official, or state visits. 

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

14 abduction and who has been formally accused of, 

15 charged with, or convicted of an extraditable offense. 

16 (10) The withdrawal, limitation, or suspension 

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

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

20 (11) The withdrawal, limitation, or suspension 

21 of United States security assistance in accordance 

22 with section 502B of the Foreign Assistance Act of 

23 1961 (22 U.S.C. 2304). 

24 (12) Ordering the heads of the appropriate 

25 United States agencies not to issue any (or a speciVerDate Mar 15 2010 18:07 Oct 01, 2013 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212

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

2 any other specific authority (or a specified number 

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

4 such government or to the agency or instrumentality 

5 of such government determined by the President to 

6 be responsible for such unresolved case or pattern of 

7 noncooperation, as applicable, under— 

8 (A) the Export Administration Act of 1979 

9 (as continued in effect under the International 

10 Emergency Economic Powers Act); 

11 (B) the Arms Export 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 United States 

15 Government as a condition for the export or re16 export of goods or services. 

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

18 subsection (c), the President may substitute any other ac19 tion authorized by law for any action described in sub20 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 actions 

24 authorized by law to resolve the unresolved case or to ob25 tain the cessation of such pattern of noncooperation, as 


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1 applicable. If commensurate action is taken under this 

2 subsection, the President shall transmit to the appropriate 

3 congressional committees a report on such action, together 

4 with an explanation for taking such action. 

5 (c) EXCEPTIONS.— 

6 (1) HUMANITARIAN EXCEPTION.—Any action 

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

9 equipment or supplies, food, or other life-saving hu10 manitarian assistance. 

11 (2) DEFENSE AND NATIONAL SECURITY EXCEP12 TION.—The President shall not be required to apply 

13 or maintain any action under section 205— 

14 (A) in the case of procurement of defense 

15 articles or defense services— 

16 (i) under existing contracts or sub17 contracts, including the exercise of options 

18 for production quantities, to satisfy re19 quirements essential to the national secu20 rity of the United States; 

21 (ii) if the President determines in 

22 writing and transmits to the appropriate 

23 congressional committees a report that the 

24 government or the agency or instrumen25 tality of such government to which such 


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1 action would otherwise be applied is a sole 

2 source supplier of such defense articles or 

3 services, that such defense articles or serv4 ices are essential, and that alternative 

5 sources are not readily or reasonably avail6 able; or 

7 (iii) if the President determines in 

8 writing and transmits to the appropriate 

9 congressional committees a report that 

10 such defense articles or services are essen11 tial to the national security of the United 

12 States under defense co-production agree13 ments; or 

14 (B) to products or services provided under 

15 contracts entered into before the date on which 

16 the President publishes in the Federal Register 

17 notice of such action in accordance with section 

18 208. 

19 SEC. 206. PRESIDENTIAL WAIVER. 

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

21 President may waive the application of any of the actions 

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

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

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1 mines and so reports to the appropriate congressional 

2 committees that— 

3 (1) the government of such country has satis4 factorily resolved any abduction case giving rise to 

5 the application of any of such actions and— 

6 (A) if such country is a Convention coun7 try, such country has taken measures to ensure 

8 future compliance with the provisions of the 

9 Hague Abduction Convention; 

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

11 such country has taken measures to ensure 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 rights 

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

18 Convention country or an MOU country; 

19 (2) the exercise of such waiver authority would 

20 further the purposes of this Act; or 

21 (3) the important national interest of the 

22 United States requires the exercise of such waiver 

23 authority. 

24 (b) CONGRESSIONAL NOTIFICATION.—Not later than 

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


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1 the President shall notify the appropriate congressional 

2 committees of such waiver or the intention to exercise such 

3 waiver, together with a detailed justification thereof. 

4 SEC. 207. PUBLICATION IN FEDERAL REGISTER. 

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

6 President shall ensure publication in the Federal Register 

7 of the following: 

8 (1) DETERMINATIONS OF GOVERNMENTS, 

9 AGENCIES, INSTRUMENTALITIES OF COUNTRIES

10 WITH PATTERNS OF NONCOOPERATION.—Any des11 ignation of a country that the President has des12 ignated as a Country With a Pattern of Noncoopera13 tion under section 202(b)(1)(A), together with, when 

14 applicable and to the extent practicable, the identi15 ties of agencies or instrumentalities determined to be 

16 responsible for such pattern of noncooperation. 

17 (2) PRESIDENTIAL ACTIONS.—A description of 

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

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

20 in section 205(b)) and the effective date of such ac21 tion. 

22 (3) DELAYS IN TRANSMITTAL OF PRESI23 DENTIAL ACTION REPORTS.—Any delay in trans24 mittal of a report required under section 204. 


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

2 206. 

3 (b) LIMITED DISCLOSURE OF INFORMATION.—The 

4 President may limit publication of information under this 

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

6 the President may limit the publication of findings and 

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

8 Assistance Act of 1961 (22 U.S.C. 2414(c)), if the Presi9 dent determines that the publication of such informa10 tion— 

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

12 the United States; or 

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

14 SEC. 208. TERMINATION OF PRESIDENTIAL ACTIONS. 

15 Any action taken under this Act or any amendment 

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

17 terminate on the earlier of the following two dates: 

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

19 date of such action unless expressly reauthorized by 

20 law. 

21 (2) The date on which the President transmits 

22 to Congress a certification containing a determina23 tion of the President that the government of such 

24 country has resolved any unresolved abduction case 

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

Æ 


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