datamatters24/research-document-archive huggingface dataset:
(B) Information on efforts by the Depart-
ment of State to encourage each such nonsigna-
tory country to become a Hague Convention 
signatory country or MOU country. 
(C) For each unresolved abduction or ac-
cess case— 
(i) the date of the alleged abduction 
or wrongful retention; 
(ii) the date of any administrative or 
judicial process that was brought seeking 
the return of a minor child to the United 
States, or brought seeking rights of access 
to such child, and in the case of judicial 
process, the court in which the matter has 
been brought and the procedural history; 
(iii) detailed information about each 
such case, including the specific actions 
taken by the United States chief of mission 
in the country to which the child is alleged 
to have been wrongfully removed or re-
tained and any other action taken by the 
Central Authority for the United States; 
(iv) detailed information on and an 
assessment of the reasons for the lack of 
a resolution in each such case as well as a 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
review of the systemic issues in the host 
country which may contribute to or en-
hance the wrongful removal or retention of 
children; and 
(v) recommendations for specific ac-
tions which may be taken by the United 
States Government to improve the resolu-
tion of cases and ameliorate any systemic 
issues. 
(b) EXCEPTION.—Each Annual Report required 
under this section may not include names of parties or 
of minor children. Other potentially party-identifying in-
formation shall also be excluded in cases in which the par-
ent remaining in the United States or on a United States 
military installation has submitted a request in writing to 
the Central Authority for the United States that such in-
formation not be publicized. Information that is subject 
to attorney-client privilege may be provided with an exe-
cuted waiver. 
(c) ADDITIONAL THEMATIC SECTIONS.—Each An-
nual Report under this section shall also include— 
(1) information on the number of unresolved 
cases affecting parents who are members of the 
Armed Forces and a summary of assistance offered 
to such left behind parents; 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
(2) information on the use of airlines in inter-
national child abduction, including which airlines are 
most commonly used in abduction, voluntary airline 
practices to prevent international child abduction, 
and recommendations for best airline practices; and 
(3) information on actions taken by the Central 
Authority for the United States to train domestic 
and foreign judges in application of the Hague Con-
vention. 
(d) STANDARDS AND ASSISTANCE.—The Secretary of 
State shall ensure that United States diplomatic and con-
sular missions abroad maintain a consistent reporting 
standard with respect to cases of international child ab-
ductions from the United States to the country in which 
each such mission is located, provide appropriate assist-
ance to parents from the United States who are visiting 
such country to obtain the return, rights of access to, or 
visitation rights with an abducted child, and remain in-
formed of developments in cases of children abducted from 
the United States to the country in which such mission 
is located. 
(e) TERMINATION.—Upon publication of the first An-
nual Report required under this section, the requirement 
for the Secretary of State to submit the Hague Convention 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
compliance report, in addition to the Annual Report, shall 
terminate. 
TITLE II—PRESIDENTIAL 
ACTIONS 
SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO PAT-
TERNS OF NONCOOPERATION IN CASES OF 
INTERNATIONAL CHILD ABDUCTIONS. 
(a) RESPONSE TO INTERNATIONAL CHILD ABDUC-
TIONS.— 
(1) UNITED STATES POLICY.—It shall be the 
policy of the United States to— 
(A) promote the best interest of children in 
matters relating to their custody or rights of 
access by protecting them internationally from 
the harmful effects of their wrongful removal or 
retention; 
(B) oppose practices or policies of the gov-
ernments of foreign countries that fail to ensure 
children’s prompt return to the United States 
in cases of international child abduction or the 
wrongful retention of a child, where the United 
States is the child’s habitual residence imme-
diately prior to such abduction, through the ac-
tions described in subsection (b); and 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
(C) oppose practices or policies of the gov-
ernments of foreign countries that fail to ensure 
children’s continued contact with their parents 
by providing for rights of access. 
(2) REQUIREMENT
OF
PRESIDENTIAL
AC-
TION.—Whenever the President determines that the 
government of a foreign country has engaged in a 
pattern of noncooperation, the President shall pro-
mote the resolution of the unresolved cases through 
one or more of the actions described in section 
204(a). 
(b) DESIGNATIONS OF COUNTRIES WITH PATTERNS 
OF NONCOOPERATION
IN CASES
OF INTERNATIONAL 
CHILD ABDUCTION.— 
(1) ANNUAL REVIEW.— 
(A) IN GENERAL.—Not later than March 
31 of each year, the President shall review the 
status of unresolved cases in each foreign coun-
try to determine whether the government of 
each such country has engaged in a pattern of 
noncooperation during the preceding 12 months 
or since the date of the last review of each such 
country under this paragraph, whichever is 
longer. The President shall designate each 
country the government of which the President 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
has determined has engaged in a pattern of 
noncooperation as a Country With a Pattern of 
Noncooperation. 
(B) BASIS OF REVIEW.—Each review con-
ducted under subparagraph (A) shall be based 
upon information regarding government re-
sponses to unresolved cases of international 
child abduction with respect to each such coun-
try, including the number of cases and the 
length of time such cases have been pending, as 
described in the latest Annual Report and on 
any other evidence available with respect to 
each such country. 
(C) IMPLEMENTATION.—Any review under 
subparagraph (A) of a country may take place 
singly or jointly with the review of one or more 
countries. 
(2) DETERMINATIONS
OF
RESPONSIBLE
PAR-
TIES.—For the government of each country des-
ignated as a Country With a Pattern of Noncoopera-
tion under paragraph (1)(A), the President shall 
seek to determine the agency or instrumentality 
thereof that is responsible for the pattern of non-
cooperation by such government in order to appro-
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
priately target Presidential actions under this sec-
tion in response. 
(3) CONGRESSIONAL NOTIFICATION.—Whenever 
the President designates a country as a Country 
With a Pattern of Noncooperation under paragraph 
(1)(A), the President shall, as soon as practicable 
after such designation is made, transmit to the ap-
propriate congressional committees information re-
lating to— 
(A) the designation of the country, signed 
by the President; and 
(B) one or more of the Presidential actions 
described in paragraphs (10) through (16) of 
section 204(a) carried out against such country. 
(c) PRESIDENTIAL ACTIONS WITH RESPECT TO A 
COUNTRY WITH A PATTERN OF NONCOOPERATION.— 
(1) IN GENERAL.—Subject to paragraphs (2), 
(3), and (4) with respect to each Country With a 
Pattern of Noncooperation designated under sub-
section (b)(1)(A), the President shall, after the re-
quirements of sections 202 and 203 have been satis-
fied, but not later than 90 days (or 180 days in case 
of a delay under paragraph (2)) after the date of 
such designation of a country under such subsection, 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
carry out one or more of the following actions under 
subparagraph (A) or (B): 
(A) 
PRESIDENTIAL
ACTIONS.—One 
or 
more of the Presidential actions described in 
paragraphs (10) through (16) of section 204(a). 
(B) COMMENSURATE ACTIONS.—Commen-
surate action in substitution to any action re-
ferred to in subparagraph (A). 
(2) AUTHORITY FOR DELAY OF PRESIDENTIAL 
ACTIONS.—If, on or before the date that the Presi-
dent is required to take action under paragraph (1) 
with respect to a Country With a Pattern of Non-
cooperation, the President determines and certifies 
to Congress that a single, additional period of time 
not to exceed 90 days is necessary— 
(A) for a continuation of negotiations that 
have been commenced with the government of 
such country to bring about a cessation of the 
pattern of noncooperation by such country, or 
(B)(i) for a review of corrective action 
taken by such country after designation of such 
country as a Country With a Pattern of Non-
cooperation, or 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
(ii) in anticipation that corrective action 
will be taken by such country during such 90- 
day period, 
the President shall not be required to take such 
action until the expiration of such period of 
time. 
(3) EXCEPTION
FOR
ONGOING
PRESIDENTIAL 
ACTION.—The President shall not be required to 
take action under this paragraph (1) with respect to 
a Country With a Pattern of Noncooperation if with 
respect to such country the following apply: 
(A) The President has taken action pursu-
ant to such paragraph in a preceding year. 
(B) Such action is in effect at the time 
such country is designated as a Country with a 
Pattern of Noncooperation under subsection 
(b)(1)(A). 
(C) The President reports to Congress the 
information described in paragraphs (1), (2), 
(3), and (4) of section 203(a) regarding the ac-
tions in effect with respect to such country. 
(D) At the time the President designates a 
country as a Country With a Pattern of Non-
cooperation, if such country is already subject 
to multiple, broad-based sanctions imposed in 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
significant part in response to human rights 
abuses, and such sanctions are ongoing, the 
President may determine that one or more of 
such sanctions also satisfies the requirements of 
this subsection. In a report to Congress pursu-
ant to paragraphs (1), (2), (3), and (4) of sec-
tion 203(a), the President shall specify the spe-
cific sanction or sanctions that the President 
determines satisfy the requirements of this sub-
section. Such specified sanctions shall remain in 
effect subject to section 208. 
(d) RULE
OF
CONSTRUCTION.—A determination 
under this Act, or any amendment made by this Act, that 
a foreign country has engaged in a pattern of noncoopera-
tion shall not be construed to require the termination of 
assistance or other activities with respect to such country 
under any other provision of law, including section 116 
or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151(n) and 2304). 
SEC. 202. CONSULTATIONS. 
(a) NOTIFICATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), in accordance with existing law and regu-
lation, the Secretary of State shall notify in writing 
the member of the House of Representatives rep-
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
resenting the district of a left behind parent when 
such parent reports an international child abduction 
to the Department of State. The Secretary shall 
maintain a computerized data tracking system to 
track and monitor such reported international child 
abduction cases. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply if the left behind parent does not consent to 
the notification described in such paragraph. 
(b) DUTY TO CONSULT WITH FOREIGN GOVERN-
MENTS.—The President shall— 
(1) request consultation with the government of 
a country to which a child is alleged to have been 
wrongfully removed or retained, regarding the pat-
tern of noncooperation giving rise to action under 
section 204; and 
(2) if agreed to, enter into such consultations, 
privately or publicly. 
(c) DUTY TO CONSULT WITH LEFT BEHIND PAR-
ENTS IN THE UNITED STATES.—The President shall con-
sult with left behind parents of children in the foreign 
countries, or appropriate representatives or representative 
groups of such parents, concerning the potential impact 
of United States policies to promote the resolution of unre-
solved cases in countries described in subsection (a). 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
(d) DUTY TO CONSULT WITH OTHER UNITED 
STATES INTERESTED PARTIES.—The President shall, as 
appropriate, consult with other United States interested 
parties regarding the potential impact of intended action 
in countries described in subsection (a) on economic or 
other interests of the United States. 
SEC. 203. REPORT TO CONGRESS. 
At such time as the President decides to take action 
under section 204 in response to a country that the Presi-
dent has designated as a Country With a Pattern of Non-
cooperation and the President decides to take action under 
paragraphs (10) through (16) of section 204, the Presi-
dent shall transmit to the appropriate congressional com-
mittees a report on the following: 
(1) IDENTIFICATION
OF
PRESIDENTIAL
AC-
TIONS.—An identification of the action or actions 
described in paragraphs (10) through (16) of section 
204 (or commensurate action in substitution there-
to) to be taken with respect to such country. 
(2) DESCRIPTION OF VIOLATIONS.—A descrip-
tion of the unresolved cases of child abduction giving 
rise to the action or actions to be taken by the 
President. 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
(3) PURPOSE OF PRESIDENTIAL ACTIONS.—A 
description of the purpose of the Presidential action 
or actions. 
(4) EVALUATION.— 
(A) DESCRIPTION.—An evaluation, in con-
sultation with the Secretary of State, the Am-
bassador at Large, the parties described in sub-
sections (c) and (d) of section 202, and other 
parties the President determines appropriate, 
of— 
(i) the impact upon such unresolved 
cases in such country; 
(ii) the impact upon the government 
of such country; 
(iii) the impact upon the population of 
such country; and 
(iv) the impact upon the United 
States economy and other interested par-
ties. 
(B) AUTHORITY
TO
WITHHOLD
DISCLO-
SURE.—The President may withhold part or all 
of such evaluation from the public, if classified, 
but shall provide the entire evaluation to Con-
gress. 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
(5) STATEMENT OF POLICY OPTIONS.—A state-
ment that noneconomic policy options designed to 
bring about a resolution of the pattern of non-
cooperation in such country have reasonably been 
exhausted, including the consultations required in 
accordance with section 202. 
SEC. 204. PRESIDENTIAL ACTIONS. 
(a) DESCRIPTION OF PRESIDENTIAL ACTIONS.—Ex-
cept as provided in subsection (c), the President may take 
the following actions with respect to a country that the 
President has designated as a Country With a Pattern of 
Noncooperation under section 201: 
(1) A private demarche. 
(2) An official public demarche. 
(3) A statement of nonreciprocity under the 
Hague Convention. 
(4) A public condemnation. 
(5) A public condemnation within one or more 
multilateral fora. 
(6) The delay or cancellation of one or more 
scientific exchanges. 
(7) The delay or cancellation of one or more 
cultural exchanges. 
(8) The denial of one or more working, official, 
or state visits. 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
(9) The delay or cancellation of one or more 
working, official, or state visits. 
(10) The restriction of the number of visas 
issued to nationals of such country pursuant to sub-
paragraphs (F), (J), or (M) of section 101(a)(15) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)). 
(11) The withdrawal, limitation, or suspension 
of United States development assistance in accord-
ance with section 116 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151n). 
(12) Directing the Export-Import Bank of the 
United States, the Overseas Private Investment Cor-
poration, or the Trade and Development Agency not 
to approve the issuance of any (or a specified num-
ber of) guarantees, insurance, extensions of credit, 
or participation in the extension of credit with re-
spect to such government or the agency or instru-
mentality of such government determined by the 
President to be responsible for such pattern of non-
cooperation. 
(13) 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). 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
(14) In accordance with section 701 of the 
International Financial Institutions Act of 1977 (22 
U.S.C. 262d), directing the United States executive 
directors of international financial institutions to op-
pose and vote against loans primarily benefitting the 
such government or the agency or instrumentality of 
such government determined by the President to be 
responsible for such pattern of noncooperation. 
(15) The denial, withdrawal, suspension, or lim-
itation of benefits provided pursuant to title V of the 
Trade Act of 1974 (19 U.S.C. 2461 et seq.), relat-
ing to the Generalized System of Preferences. 
(16) Ordering the heads of the appropriate 
United States agencies not to issue any (or a speci-
fied number of) specific licenses, and not to grant 
any other specific authority (or a specified number 
of authorities), to export any goods or technology to 
such government or to the agency or instrumentality 
of such government determined by the President to 
be responsible for such pattern of noncooperation, 
under— 
(A) the Export Administration Act of 
1979; 
(B) the Arms Export Control Act; 
(C) the Atomic Energy Act of 1954; or 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
(D) any other statute that requires the 
prior review and approval of the United States 
Government as a condition for the export or re- 
export of goods or services. 
(17) Prohibiting any United States financial in-
stitution from making loans or providing credits to-
taling more than $10,000,000 in any 12-month pe-
riod to such government or to the agency or instru-
mentality of such government or determined by the 
President to be responsible for such pattern of non-
cooperation. 
(18) Prohibiting the United States Government 
from procuring, or entering into any contract for the 
procurement of, any goods or services from such 
government or from the agency or instrumentality of 
such government determined by the President to be 
responsible for such pattern of noncooperation. 
(b) COMMENSURATE ACTION.—Except as provided in 
subsection (c), the President may substitute any other ac-
tion authorized by law for any action described in para-
graphs (1) through (16) of subsection (a) if such action 
is commensurate in effect to the action substituted and 
if such action would further the purposes of this Act as 
specified in section 2(c). The President shall seek to take 
all appropriate and feasible actions authorized by law to 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
obtain the cessation of such pattern of noncooperation. If 
commensurate action is taken under this subsection, the 
President shall transmit to the appropriate congressional 
committees a report on such action, together with an ex-
planation for taking such action. 
(c) EXCEPTIONS.—Any action taken pursuant to sub-
section (a) or (b) may not prohibit or restrict the provision 
to such country of medicine, medical equipment, or sup-
plies, food, or other humanitarian assistance. 
SEC. 205. EFFECTS ON EXISTING CONTRACTS. 
The President shall not be required to apply or main-
tain any action under this section 204— 
(1) in the case of procurement of defense arti-
cles or defense services— 
(A) under existing contracts or sub-
contracts, including the exercise of options for 
production quantities, to satisfy requirements 
essential to the national security of the United 
States; 
(B) if the President determines in writing 
and transmits to Congress a report that the 
government of a foreign country or the agency 
or instrumentality of such government to which 
such action would otherwise be applied is a sole 
source supplier of such defense articles or serv-
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS
ices, that such defense articles or services are 
essential, and that alternative sources are not 
readily or reasonably available; or 
(C) if the President determines in writing 
and transmits to Congress a report that such 
defense articles or services are essential to the 
national security of the United States under de-
fense co-production agreements; or 
(2) to products or services provided under con-
tracts entered into before the date on which the 
President publishes in the Federal Register notice of 
such action in accordance with section 207. 
SEC. 206. PRESIDENTIAL WAIVER. 
(a) IN GENERAL.—Subject to subsection (b), the 
President may waive the application of any of the actions 
described in paragraphs (10) through (16) of section 
204(a) (or commensurate action in substitution thereto) 
with respect to a country that the President has des-
ignated as a Country With a Pattern of Noncooperation 
under section 201, if the President determines and so re-
ports to the appropriate congressional committees that— 
(1) the government of such has satisfactorily 
resolved the unresolved cases giving rise to the appli-
cation of any of such actions and— 
VerDate Nov 24 2008 
20:01 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3240.IH
H3240
pwalker on DSK8KYBLC1PROD with BILLS