[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66073-66074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31106]



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DEPARTMENT OF STATE

Bureau of Consular Affairs, Overseas Citizens Services

22 CFR Part 94

[Public Notice 2290]


International Child Abduction

AGENCY: Department of State.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends regulations regarding incoming 
parental abduction cases pursuant to the Hague Convention on the Civil 
Aspects of International Child Abduction. Incoming cases will be 
processed by a non-governmental organization with oversight by the 
Department of State.

DATES: Effective Date: December 21, 1995. Comments are due on or before 
January 22, 1995.

ADDRESSES: Interested persons are invited to submit comments in 
duplicate to the Director of the Office of Children's Issues, Bureau of 
Consular Affairs, Room 4811, U.S. Department of State, Washington, DC 
20520; fax: 202-647-2835.

FOR FURTHER INFORMATION CONTACT: Leslie Rowe, Director of the Office of 
Children's Issues, Room 4811, U.S. Department of State, Washington, 
D.C. 20520. tele: 202-647-2688.

SUPPLEMENTARY INFORMATION: Since 1988, the Bureau of Consular Affairs 
has served as the U.S. Central Authority under the Hague Convention on 
the Civil Aspects of International Child Abduction. As U.S. Central 
Authority, the Office of Children's Issues is responsible for 
processing all Hague Convention applications seeking the return of 
children wrongfully removed or retained in the United States or any 
other Hague Convention contracting state. In addition, the U.S. Central 
Authority is responsible for facilitating access rights under the 
Convention. The Office of Children's Issues processes approximately 700 
Hague Convention applications annually; roughly 300 of these cases are 
incoming cases, i.e., applications for the return of a child wrongfully 
removed to or retained in the United States.
    The processing of incoming Hague applications requires case 
officers to 

[[Page 66074]]
communicate with foreign Central Authorities about incoming cases, to 
determine the whereabouts of children wrongfully taken to the United 
States, to attempt to promote voluntary return of abducted children, 
and to facilitate the initiation of judicial proceedings with a view 
toward securing the return of abducted children. Many of the case 
officer functions involve extensive contact with local law enforcement 
officials, social service agencies, legal aid organizations and local 
bar associations.
    The Office of Children's Issues has recently entered into an 
agreement with the Department of Justice's Office of Juvenile Justice 
and Delinquency Prevention, and the National Center for Missing and 
Exploited Children (National Center). Under this agreement, the 
National Center will assist the U.S. Central Authority in fulfilling 
its responsibilities under the Hague Convention.
    The National Center, a non-governmental organization, is a national 
resource center and clearinghouse that provides technical assistance to 
parents seeking to locate and recover children missing in the United 
States. For more than ten years, the National Center has been 
performing case management and analysis functions for domestic 
abductions; it handles more than 1,200 parental child abduction cases 
annually. By agreement with the Department of Justice, the National 
Center provides legal technical assistance, maintains a toll-free 
hotline as well as an online information network, and operates a photo 
distribution service.
    Transferring specified case officer functions to the National 
Center with respect to incoming Hague Convention cases will result in 
the provision of better service to parents seeking the return of 
children under the Convention. Parents will benefit from the National 
Center's expertise in finding missing children and liaising with 
contacts in the local law enforcement and social services communities.
    This transfer of case officer functions to the National Center will 
not in any way alter the role of the State Department as U.S. Central 
Authority under the Hague Convention. The Office of Children Issues 
will continue as the U.S. Central Authority under the Convention and 
will retain ultimate responsibility for all incoming cases. Under the 
agreement, all inherently governmental functions, including matters of 
Hague Convention interpretation and policy direction are to be carried 
out by the Department of State. Congressional and White House 
correspondence as well as media relations will continue to be handled 
by the Office of Children's Issues.
    The Department of State is publishing this as an interim final 
rule, rather than as a notice of proposed rulemaking as allowed by 5 
U.S.C. 553(b)(3)(B) when an agency determines, for good cause, that it 
is unnecessary to publish a proposed rule. The Department of State has 
determined that publication of a proposed rule is unnecessary, as the 
transfer of responsibility over incoming Hague Convention cases to the 
National Center primarily affects workload distribution and management 
of U.S. Central Authority functions. The Department of State's Office 
of Children's Issues will continue to perform all inherently 
governmental functions of the U.S. Central Authority.
    This rule is exempt from E.O. 12866, but nonetheless has been 
reviewed and found to be consistent with the objectives and policies 
thereof. This rule is not expected to have a significant impact on a 
substantial, number of small entities under the criteria of the 
Regulatory Flexibility Act, 5 U.S.C. 605(b). In addition, this rule 
would not impose information collection requirements under the 
provisions of the Paperwork Reduction. Act, 44 U.S.C. Chapter 35. Nor 
does this rule have federalism implications warranting the preparation 
of a Federalism Assessment in accordance with E.O. 12612. This rule has 
been reviewed as required by E.O. 12778 and certified to be in 
compliance therewith.

List of Subjects in 22 CFR Part 94

    Infants and children, reporting and recordkeeping requirements, 
Treaties.

    For the reasons set forth in the preamble, 22 CFR 94 is amended as 
follows:

PART 94--INTERNATIONAL CHILD ABDUCTION

    1. The authority citation for part 94 continues to read as follows:

    Authority: Hague Convention on the Civil Aspects of 
International Child Abduction; International Child Abduction 
Remedies Act, Pub. L. 100-300.

    2. Section 94.6 is amended by revising the introductory text and 
paragraph (1), removing paragraph (k), redesignating paragraphs (a) 
through (j) as paragraphs (b) through (k), and adding a new paragraph 
(a) to read as follows:


Sec. 94.6  Procedures for children abducted to the United States.

    The National Center for Missing and Exploited Children shall act 
under the direction of the U.S. Central Authority and shall perform the 
following operational functions with respect to all Hague Convention 
applications seeking the return of children wrongfully removed to or 
retained in the United States or seeking access to children in the 
United States:
    (a) Receive all applications on behalf of the U.S. Central 
Authority;
* * * * *
    (l) Perform such additional functions as set out in the 
``Cooperative Agreement Adjustment Notice'' between the Department of 
State, Department of Justice, and National Center for Missing and 
Exploited Children.

    Dated: November 3, 1995.
Mary A. Ryan,
Assistant Secretary of State for Consular Affairs.
[FR Doc. 95-31106 Filed 12-20-95; 8:45 am]
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