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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                         July 16, 2014.
    Resolved, That the bill from the House of Representatives (H.R. 
3212) entitled ``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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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 Aspects 
        of International Child Abduction (referred to in this Act as 
        the ``Hague Abduction Convention''), has received thousands of 
        requests since 2007 for assistance in the return to the United 
        States of children who have been wrongfully abducted by a 
        parent or other legal guardian to another country.
            (3) For a variety of reasons reflecting the significant 
        obstacles to the recovery of abducted children, as well as the 
        legal and factual complexity involving such cases, not all 
        cases are reported to the Central Authority of the United 
        States.
            (4) More than 1,000 outgoing international child abductions 
        are reported every year to the Central Authority of the United 
        States, which depends solely on proactive reporting of 
        abduction cases.
            (5) Only about one-half of the children abducted from the 
        United States to countries with which the United States enjoys 
        reciprocal obligations under the Hague Abduction Convention are 
        returned to the United States.
            (6) The United States and other Convention countries have 
        expressed their desire, through the Hague Abduction Convention, 
        ``to protect children internationally from the harmful effects 
        of their wrongful removal or retention and to establish 
        procedures to ensure their prompt return to the State of their 
        habitual residence, as well as to secure protection for rights 
        of access.''
            (7) Compliance by the United States and other Convention 
        countries depends on the actions of their designated central 
        authorities, the performance of their judicial systems as 
        reflected in the legal process and decisions rendered to 
        enforce or effectuate the Hague Abduction Convention, and the 
        ability and willingness of their law enforcement authorities to 
        ensure the swift enforcement of orders rendered pursuant to the 
        Hague Abduction Convention.
            (8) According to data from the Department of State, 
        approximately 40 percent of abduction cases involve children 
        taken from the United States to countries with which the United 
        States does not have reciprocal obligations under the Hague 
        Abduction Convention or other arrangements relating to the 
        resolution of abduction cases.
            (9) According to the Department of State's April 2010 
        Report on Compliance with the Hague Convention on the Civil 
        Aspects of International Child Abduction, ``parental child 
        abduction jeopardizes the child and has substantial long-term 
        consequences for both the child and the left-behind parent.''
            (10) Few left-behind parents have the extraordinary 
        financial resources necessary--
                    (A) to pursue individual civil or criminal remedies 
                in both the United States and a foreign country, even 
                if such remedies are available; or
                    (B) to engage in repeated foreign travel to attempt 
                to obtain the return of their children through 
                diplomatic or other channels.
            (11) Military parents often face additional complications 
        in resolving abduction cases because of the challenges 
        presented by their military obligations.
            (12) In addition to using the Hague Abduction Convention to 
        achieve the return of abducted children, the United States has 
        an array of Federal, State, and local law enforcement, criminal 
        justice, and judicial tools at its disposal to prevent 
        international abductions.
            (13) Federal agencies tasked with preventing international 
        abductions have indicated that the most effective way to stop 
        international child abductions is while they are in progress, 
        rather than after the child has been removed to a foreign 
        destination.
            (14) Parental awareness of abductions in progress, rapid 
        response by relevant law enforcement, and effective 
        coordination among Federal, State, local, and international 
        stakeholders are critical in preventing such abductions.
            (15) A more robust application of domestic tools, in 
        cooperation with international law enforcement entities and 
        appropriate application of the Hague Abduction Convention 
        could--
                    (A) discourage some parents from attempting 
                abductions;
                    (B) block attempted abductions at ports of exit; 
                and
                    (C) help achieve the return of more abducted 
                children.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States should set a strong example for other Convention countries in 
the timely location and prompt resolution of cases involving children 
abducted abroad and brought to the United States.
    (c) Purposes.--The purposes of this Act are--
            (1) to protect children whose habitual residence is the 
        United States from wrongful abduction;
            (2) to assist left-behind parents in quickly resolving 
        cases and maintaining safe and predictable contact with their 
        child while an abduction case is pending;
            (3) to protect the custodial rights of parents, including 
        military parents, by providing the parents, the judicial 
        system, and law enforcement authorities with the information 
        they need to prevent unlawful abduction before it occurs;
            (4) to enhance the prompt resolution of abduction and 
        access cases;
            (5) to detail an appropriate set of actions to be 
        undertaken by the Secretary of State to address persistent 
        problems in the resolution of abduction cases;
            (6) to establish a program to prevent wrongful abductions; 
        and
            (7) to increase interagency coordination in preventing 
        international child abduction by convening a working group 
        composed of presidentially appointed and Senate confirmed 
        officials from the Department of State, the Department of 
        Homeland Security, and the Department of Justice.

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--
                    (A) has been reported to the Central Authority of 
                the United States by a left-behind parent for the 
                resolution of an abduction; and
                    (B) meets the criteria for an international child 
                abduction under the Hague Abduction Convention, 
                regardless of whether the country at issue is a 
                Convention country.
            (4) Access case.--The term ``access case'' means a case 
        involving an application filed with the Central Authority of 
        the United States by a parent seeking rights of access.
            (5) Annual report.--The term ``Annual Report'' means the 
        Annual Report on International Child Abduction required under 
        section 101.
            (6) Application.--The term ``application'' means--
                    (A) in the case of a Convention country, the 
                application required pursuant to article 8 of the Hague 
                Abduction Convention;
                    (B) in the case of a bilateral procedures country, 
                the formal document required, pursuant to the 
                provisions of the applicable arrangement, to request 
                the return of an abducted child or to request rights of 
                access, as applicable; and
                    (C) in the case of a non-Convention country, the 
                formal request by the Central Authority of the United 
                States to the Central Authority of such country 
                requesting the return of an abducted child or for 
                rights of contact with an abducted child.
            (7) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (8) Bilateral procedures.--The term ``bilateral 
        procedures'' means any procedures established by, or pursuant 
        to, a bilateral arrangement, including a Memorandum of 
        Understanding between the United States and another country, to 
        resolve abduction and access cases, including procedures to 
        address interim contact matters.
            (9) Bilateral procedures country.--The term ``bilateral 
        procedures country'' means a country with which the United 
        States has entered into bilateral procedures, including 
        Memoranda of Understanding, with respect to child abductions.
            (10) Central authority.--The term ``Central Authority'' 
        means--
                    (A) in the case of a Convention country, the 
                meaning given such term in article 6 of the Hague 
                Abduction Convention;
                    (B) in the case of a bilateral procedures country, 
                the official entity designated by the government of the 
                bilateral procedures country within the applicable 
                memorandum of understanding pursuant to section 
                103(b)(1) to discharge the duties imposed on the 
                entity; and
                    (C) in the case of a non-Convention country, the 
                foreign ministry or other appropriate authority of such 
                country.
            (11) Child.--The term ``child'' means an individual who has 
        not attained 16 years of age.
            (12) Convention country.--The term ``Convention country'' 
        means a country for which the Hague Abduction Convention has 
        entered into force with respect to the United States.
            (13) Hague abduction convention.--The term ``Hague 
        Abduction Convention'' means the Convention on the Civil 
        Aspects of International Child Abduction, done at The Hague 
        October 25, 1980.
            (14) Interim contact.--The term ``interim contact'' means 
        the ability of a left-behind parent to communicate with or 
        visit an abducted child during the pendency of an abduction 
        case.
            (15) Left-behind parent.--The term ``left-behind parent'' 
        means an individual or legal custodian who alleges that an 
        abduction has occurred that is in breach of rights of custody 
        attributed to such individual.
            (16) Non-convention country.--The term ``non-Convention 
        country'' means a country in which the Hague Abduction 
        Convention has not entered into force with respect to the 
        United States.
            (17) Overseas military dependent child.--The term 
        ``overseas military dependent child'' means a child whose 
        habitual residence is the United States according to United 
        States law even though the child is residing outside the United 
        States with a military parent.
            (18) Overseas military parent.--The term ``overseas 
        military parent'' means an individual who--
                    (A) has custodial rights with respect to a child; 
                and
                    (B) is serving outside the United States as a 
                member of the United States Armed Forces.
            (19) Pattern of noncompliance.--
                    (A) In general.--The term ``pattern of 
                noncompliance'' means the persistent failure--
                            (i) of a Convention country to implement 
                        and abide by provisions of the Hague Abduction 
                        Convention;
                            (ii) of a non-Convention country to abide 
                        by bilateral procedures that have been 
                        established between the United States and such 
                        country; or
                            (iii) of a non-Convention country to work 
                        with the Central Authority of the United States 
                        to resolve abduction cases.
                    (B) Persistent failure.--Persistent failure under 
                subparagraph (A) may be evidenced in a given country by 
                the presence of 1 or more of the following criteria:
                            (i) Thirty percent or more of the total 
                        abduction cases in such country are unresolved 
                        abduction cases.
                            (ii) The Central Authority regularly fails 
                        to fulfill its responsibilities pursuant to--
                                    (I) the Hague Abduction Convention; 
                                or
                                    (II) any bilateral procedures 
                                between the United States and such 
                                country.
                            (iii) The judicial or administrative 
                        branch, as applicable, of the national 
                        government of a Convention country or a 
                        bilateral procedures country fails to regularly 
                        implement and comply with the provisions of the 
                        Hague Abduction Convention or bilateral 
                        procedures, as applicable.
                            (iv) Law enforcement authorities regularly 
                        fail to enforce return orders or determinations 
                        of rights of access rendered by the judicial or 
                        administrative authorities of the government of 
                        the country in abduction cases.
            (20) Rights of access.--The term ``rights of access'' means 
        the establishment of rights of contact between a child and a 
        parent seeking access in Convention countries--
                    (A) by operation of law;
                    (B) through a judicial or administrative 
                determination; or
                    (C) through a legally enforceable arrangement 
                between the parties.
            (21) Rights of custody.--The term ``rights of custody'' 
        means rights of care and custody of a child, including the 
        right to determine the place of residence of a child, under the 
        laws of the country in which the child is a habitual resident--
                    (A) attributed to an individual or legal custodian; 
                and
                    (B) arising--
                            (i) by operation of law; or
                            (ii) through a judicial or administrative 
                        decision; or
                            (iii) through a legally enforceable 
                        arrangement between the parties.
            (22) Rights of interim contact.--The term ``rights of 
        interim contact'' means the rights of contact between a child 
        and a left-behind parent, which has been provided as a 
        provisional measure while an abduction case is pending, under 
        the laws of the country in which the child is located--
                    (A) by operation of law; or
                    (B) through a judicial or administrative 
                determination; or
                    (C) through a legally enforceable arrangement 
                between the parties.
            (23) Unresolved abduction case.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``unresolved abduction case'' means an abduction 
                case that remains unresolved for a period that exceeds 
                12 months after the date on which the completed 
                application for return of the child is submitted for 
                determination to the judicial or administrative 
                authority, as applicable, in the country in which the 
                child is located.
                    (B) Resolution of case.--An abduction case shall be 
                considered to be resolved if--
                            (i) the child is returned to the country of 
                        habitual residence, pursuant to the Hague 
                        Abduction Convention or other appropriate 
                        bilateral procedures, if applicable;
                            (ii) the judicial or administrative branch, 
                        as applicable, of the government of the country 
                        in which the child is located has implemented, 
                        and is complying with, the provisions of the 
                        Hague Abduction Convention or other bilateral 
                        procedures, as applicable;
                            (iii) the left-behind parent reaches a 
                        voluntary arrangement with the other parent;
                            (iv) the left-behind parent submits a 
                        written withdrawal of the application or the 
                        request for assistance to the Department of 
                        State;
                            (v) the left-behind parent cannot be 
                        located for 1 year despite the documented 
                        efforts of the Department of State to locate 
                        the parent; or
                            (vi) the child or left-behind parent is 
                        deceased.

                  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;
                    (G) recommendations to improve the resolution of 
                abduction and access cases; and
                    (H) the average time it takes to locate a child;
            (3) the number of abducted children whose habitual 
        residence is in the United States and who were returned to the 
        United States from--
                    (A) Convention countries;
                    (B) bilateral procedures countries;
                    (C) countries having other procedures for resolving 
                such abductions; or
                    (D) countries adhering to no protocols with respect 
                to child abduction;
            (4) a list of Convention countries and bilateral procedures 
        countries that have failed to comply with any of their 
        obligations under the Hague Abduction Convention or bilateral 
        procedures, as applicable, with respect to the resolution of 
        abduction and access cases;
            (5) a list of countries demonstrating a pattern of 
        noncompliance and a description of the criteria on which the 
        determination of a pattern of noncompliance for each country is 
        based;
            (6) information on efforts by the Secretary of State to 
        encourage non-Convention countries--
                    (A) to ratify or accede to the Hague Abduction 
                Convention;
                    (B) to enter into or implement other bilateral 
                procedures, including memoranda of understanding, with 
                the United States; and
                    (C) to address pending abduction and access cases;
            (7) the number of cases resolved without abducted children 
        being returned to the United States from Convention countries, 
        bilateral procedures countries, or other non-Convention 
        countries;
            (8) a list of countries that became Convention countries 
        with respect to the United States during the preceding year; 
        and
            (9) information about efforts to seek resolution of 
        abduction cases of children whose habitual residence is in the 
        United States and whose abduction occurred before the Hague 
        Abduction Convention entered into force with respect to the 
        United States.
    (c) Exceptions.--Unless a left-behind parent provides written 
permission to the Central Authority of the United States to include 
personally identifiable information about the parent or the child in 
the Annual Report, the Annual Report may not include any personally 
identifiable information about any such parent, child, or party to an 
abduction or access case involving such parent or child.
    (d) Additional Sections.--Each Annual Report shall also include--
            (1) information on the number of unresolved abduction cases 
        affecting military parents;
            (2) a description of the assistance offered to such 
        military parents;
            (3) information on the use of airlines in abductions, 
        voluntary airline practices to prevent abductions, and 
        recommendations for best airline practices to prevent 
        abductions;
            (4) information on actions taken by the Central Authority 
        of the United States to train domestic judges in the 
        application of the Hague Abduction Convention; and
            (5) information on actions taken by the Central Authority 
        of the United States to train United States Armed Forces legal 
        assistance personnel, military chaplains, and military family 
        support center personnel about--
                    (A) abductions;
                    (B) the risk of loss of contact with children; and
                    (C) the legal means available to resolve such 
                cases.
    (e) Repeal of the Hague Abduction Convention Compliance Report.--
Section 2803 of the Foreign Affairs Reform and Restructuring Act of 
1998 (42 U.S.C. 11611) is repealed.
    (f) Notification to Congress on Countries in Noncompliance.--
            (1) In general.--The Secretary of State shall include, in a 
        separate section of the Annual Report, the Secretary's 
        determination, pursuant to the provisions under section 202(b), 
        of whether each country listed in the report has engaged in a 
        pattern of noncompliance in cases of child abduction during the 
        preceding 12 months.
            (2) Contents.--The section described in paragraph (1)--
                    (A) shall identify any action or actions described 
                in section 202(d) (or commensurate action as provided 
                in section 202(e)) that have been taken by the 
                Secretary with respect to each country;
                    (B) shall describe the basis for the Secretary's 
                determination of the pattern of noncompliance by each 
                country;
                    (C) shall indicate whether noneconomic policy 
                options designed to resolve the pattern of 
                noncompliance have reasonably been exhausted, including 
                the consultations required under section 203.

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, 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.

              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.--
            (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--
                    (A) to appropriately target actions in response to 
                such noncompliance; and
                    (B) to engage with senior foreign government 
                officials to effectively address such noncompliance.
    (c) Actions by the Secretary of State With Respect to a Country 
With a Pattern of Noncompliance.--
            (1) In general.--Not later than 90 days (or 180 days in 
        case of a delay under paragraph (2)) after a country is 
        determined to have been engaged in a pattern of noncompliance 
        under subsection (b)(1)(A), the Secretary of State shall--
                    (A) take 1 or more of the actions described in 
                subsection (d);
                    (B) direct the Chief of Mission in that country to 
                directly address the systemic problems that led to such 
                determination; and
                    (C) inform senior officials in the foreign 
                government of the potential repercussions related to 
                such designation.
            (2) Authority for delay of actions by the secretary of 
        state.--The Secretary shall not be required to take action 
        under paragraph (1) until the expiration of a single, 
        additional period of up to 90 days if, on or before the date on 
        which the Secretary of State is required to take such action, 
        the Secretary determines and certifies to the appropriate 
        congressional committees that such additional period is 
        necessary--
                    (A) for a continuation of negotiations that have 
                been commenced with the government of a country 
                described in paragraph (1) in order to bring about a 
                cessation of the pattern of noncompliance by such 
                country;
                    (B) for a review of corrective action taken by a 
                country after the designation of such country as being 
                engaged in a pattern of noncompliance under subsection 
                (b)(1)(A); or
                    (C) in anticipation that corrective action will be 
                taken by such country during such 90-day period.
            (3) Exception for additional action by the secretary of 
        state.--The Secretary of State shall not be required to take 
        additional action under paragraph (1) with respect to a country 
        determined to have been engaged in a persistent pattern of 
        noncompliance if the Secretary--
                    (A) has taken action pursuant to paragraph (5), 
                (6), or (7) of subsection (d) with respect to such 
                country in the preceding year and such action continues 
                to be in effect;
                    (B) exercises the waiver under section 204 and 
                briefs the appropriate congressional committees; or
                    (C) submits a report to the appropriate 
                congressional committees that--
                            (i) indicates that such country is subject 
                        to multiple, broad-based sanctions; and
                            (ii) describes how such sanctions satisfy 
                        the requirements under this subsection.
            (4) Report to congress.--Not later than 90 days after the 
        submission of the Annual Report, the Secretary shall submit a 
        report to Congress on the specific actions taken against 
        countries determined to have been engaged in a pattern of 
        noncompliance under this section.
    (d) Description of Actions by the Secretary of State in Hague 
Abduction Convention Countries.--Except as provided in subsection (f), 
the actions by the Secretary of State referred to in this subsection 
are--
            (1) a demarche;
            (2) an official public statement detailing unresolved 
        cases;
            (3) a public condemnation;
            (4) a delay or cancellation of 1 or more bilateral working, 
        official, or state visits;
            (5) the withdrawal, limitation, or suspension of United 
        States development assistance in accordance with section 116 of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2151n);
            (6) the withdrawal, limitation, or suspension of United 
        States security assistance in accordance with section 502B of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2304);
            (7) the withdrawal, limitation, or suspension of assistance 
        to the central government of a country pursuant to chapter 4 of 
        part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 
        et seq.; relating to the Economic Support Fund); and
            (8) a formal request to the foreign country concerned to 
        extradite an individual who is engaged in abduction and who has 
        been formally accused of, charged with, or convicted of an 
        extraditable offense.
    (e) Commensurate Action.--
            (1) In general.--Except as provided in subsection (f), the 
        Secretary of State may substitute any other action authorized 
        by law for any action described in subsection (d) if the 
        Secretary determines that such action--
                    (A) is commensurate in effect to the action 
                substituted; and
                    (B) would substantially further the purposes of 
                this Act.
            (2) Notification.--If commensurate action is taken pursuant 
        to this subsection, the Secretary shall submit a report to the 
        appropriate congressional committees that--
                    (A) describes such action;
                    (B) explains the reasons for taking such action; 
                and
                    (C) specifically describes the basis for the 
                Secretary's determination under paragraph (1) that such 
                action--
                            (i) is commensurate with the action 
                        substituted; and
                            (ii) substantially furthers the purposes of 
                        this Act.
    (f) Resolution.--The Secretary of State shall seek to take all 
appropriate actions authorized by law to resolve the unresolved case or 
to obtain the cessation of such pattern of noncompliance, as 
applicable.
    (g) Humanitarian Exception.--Any action taken pursuant to 
subsection (d) or (e) may not prohibit or restrict the provision of 
medicine, medical equipment or supplies, food, or other life-saving 
humanitarian assistance.

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 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.

         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
            (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.

            Attest:

                                                             Secretary.
113th CONGRESS

  2d Session

                               H.R. 3212

_______________________________________________________________________

                               AMENDMENT
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