tion as provided in section 205(b)) with respect to 
such country. 
(2) DEADLINE FOR ACTIONS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than March 31 of 
each year, the President shall take one or more 
of the actions described in paragraphs (1) 
through (13) of section 205(a) (or commensu-
rate action as provided in section 205(b)) with 
respect to each foreign country the government 
of which has failed to resolve an unresolved ab-
duction case that is pending as of such date. 
(B) EXCEPTION.—In the case of an action 
under any of paragraphs (10) through (13) of 
section 205(a) (or commensurate action as pro-
vided in section 205(b))— 
(i) the action may only be taken after 
the requirements of sections 203 and 204 
have been satisfied; and 
(ii) the March 31 deadline to take the 
action shall not apply. 
(3) AUTHORITY FOR DELAY OF PRESIDENTIAL 
ACTIONS.—The President may delay action de-
scribed in any of the paragraphs (10) through (13) 
of section 205(a) (or commensurate action as pro-
vided in section 205(b)), as required under para-
graph (2), if the President determines and certifies 
to the appropriate congressional committees that an 
additional, specified period of time is necessary for 
a continuation of negotiations that have been com-
menced with the country to resolve the unresolved 
case. 
(c) IMPLEMENTATION.— 
(1) IN GENERAL.—In carrying out subsection 
(b), the President shall— 
(A) take one or more actions that most ap-
propriately respond to the nature and severity 
of the failure to resolve the unresolved abduc-
tion cases; and 
(B) seek to the fullest extent possible to 
target action as narrowly as practicable with re-
spect to the agencies or instrumentalities of the 
foreign government that are responsible for 
such failures, in ways that respect the separa-
tion of powers and independence of the judici-
ary in foreign countries. 
(2) 
GUIDELINES
FOR
PRESIDENTIAL
AC-
TIONS.—In addition to the guidelines under para-
graph (1), the President, in determining whether to 
take one or more actions under paragraphs (10)
through (13) of section 205(a) (or commensurate ac-
tion as provided in section 205(b)), shall seek to 
minimize any adverse impact on— 
(A) the population of the country whose 
government is targeted by the action or actions; 
and 
(B) the humanitarian activities of United 
States and foreign nongovernmental organiza-
tions in the country. 
SEC. 202. PRESIDENTIAL ACTIONS IN RESPONSE TO PAT-
TERNS OF NONCOOPERATION IN CASES OF 
INTERNATIONAL CHILD ABDUCTIONS. 
(a) RESPONSE
TO
A PATTERN
OF NONCOOPERA-
TION.— 
(1) UNITED STATES POLICY.—It shall be the 
policy of the United States to— 
(A) oppose institutional or other systemic 
failures of foreign governments to fulfill their 
obligations pursuant to the Hague Abduction 
Convention or MOU, as applicable, to resolve 
abduction cases and access cases; and 
(B) promote reciprocity pursuant to and 
compliance with the Hague Abduction Conven-
tion by Convention countries and compliance 
with the applicable MOU by MOU countries.
(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 abduction 
cases through one or more of the actions described 
in subsection (c). 
(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 abduction cases and access cases in 
each foreign country to determine whether the 
government of such country has engaged in a 
pattern of noncooperation during the preceding 
12 months or since the date of the last review 
of such country under this subparagraph, 
whichever period is longer. The President shall 
designate each country the government of which 
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 contained in the latest Annual 
Report and on any other evidence available. 
(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 agencies or instrumentalities 
of such government that are responsible for the pat-
tern of noncooperation by such government in order 
to appropriately target actions under this section 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— 
(A) the designation of the country, signed 
by the President; and 
(B) the identification, if any, of responsible 
agencies or instrumentalities determined under 
paragraph (2). 
(c) PRESIDENTIAL ACTIONS WITH RESPECT TO A 
COUNTRY WITH A PATTERN OF NONCOOPERATION.—
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3) with respect to each Country With a Pattern 
of Noncooperation designated under subsection 
(b)(1)(A), the President shall, after the require-
ments of sections 203 and 204 have been satisfied, 
but not later than 90 days (or 180 days in case of 
a delay under paragraph (2)) after the date of such 
designation of the country under such subsection, 
take one or more of the actions under paragraphs 
(10) through (13) of section 205(a) (or commensu-
rate action as provided in section 205(b)). 
(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), 
the President determines and certifies to the appro-
priate congressional committees that a single, addi-
tional period of time not to exceed 90 days is nec-
essary— 
(A) for a continuation of negotiations that 
have been commenced with the government of a 
country described in such paragraph to bring 
about a cessation of the pattern of noncoopera-
tion by such country, or 
(B) for a review of corrective action taken 
by such country after designation of such coun-
try as a Country With a Pattern of Non-
cooperation under subsection (b)(1)(A) or 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 ac-
tion until the expiration of such period of time. 
(3) EXCEPTION
FOR
ONGOING
PRESIDENTIAL 
ACTION.— 
(A) IN GENERAL.—The President shall not 
be required to take action under paragraph (1) 
with respect to a Country With a Pattern of 
Noncooperation if— 
(i) the President has taken action 
pursuant to paragraph (1) with respect to 
such country in a preceding year, such ac-
tion is in effect at the time such country 
is designated as a Country with a Pattern 
of 
Noncooperation 
under 
subsection 
(b)(1)(A), and the President submits to 
the appropriate congressional committees 
the information described in section 204 
regarding the actions in effect with respect 
to such country; or 
(ii) subject to subparagraph (B), the 
President determines that such country is
subject to multiple, broad-based sanctions 
imposed in significant part in response to 
human rights abuses and that such sanc-
tions also satisfy the requirements of this 
subsection. 
(B) ADDITIONAL REQUIREMENTS.—If the 
President makes a determination under sub-
paragraph (A)(ii)— 
(i) the report under section 204 and, 
as applicable, the publication in the Fed-
eral Register under section 208, shall 
specify the specific sanction or sanctions 
that the President has determined satisfy 
the requirements of this subsection; and 
(ii) such sanctions shall remain in ef-
fect subject to section 209. 
(d) RULE
OF
CONSTRUCTION.—A determination 
under this section that a foreign country has engaged in 
a pattern of noncooperation shall not be construed to re-
quire 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) or 2304).
SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS. 
As soon as practicable after the President makes a 
determination under section 201 in response to failures 
to resolve unresolved abduction cases and the President 
decides to take action under paragraphs (10) through (13) 
of section 205(a) (or commensurate action as provided in 
section 205(b)) with respect to that country, or not later 
than 90 days after the President designates a country as 
a country with a pattern of noncooperation pursuant to 
section 202(b)(1)(a), the President shall— 
(1) request consultation with the government of 
such country regarding the failures giving rise to 
designation of that country as a Country With a 
Pattern of Noncooperation regarding the pattern of 
noncooperation or to action under section 201; and 
(2) if agreed to, enter into such consultations 
with such country, privately or publicly. 
SEC. 204. REPORT TO CONGRESS. 
(a) IN GENERAL.—Subject to subsection (b), not 
later than 90 days after the President makes a determina-
tion under section 201 in response to failures to resolve 
unresolved abduction cases and the President decides to 
take action under paragraphs (10) through (13) of section 
205(a) (or commensurate action as provided in section 
205(b)) with respect to that country, or not later than 
90 days after the President designates a country as a
Country With a Pattern of Noncooperation pursuant to 
section 202(b)(1)(A), the President shall transmit to the 
appropriate congressional committees a report on the fol-
lowing: 
(1) IDENTIFICATION
OF
PRESIDENTIAL
AC-
TIONS.—An identification of the action or actions 
described in section 205(a) (or commensurate action 
as provided in section 205(b)) to be taken with re-
spect to such country. 
(2) DESCRIPTION OF VIOLATIONS.—A descrip-
tion of the failure to resolve an unresolved case or 
the pattern of noncooperation, as applicable, giving 
rise to the action or actions to be taken by the 
President. 
(3) PURPOSE OF PRESIDENTIAL ACTIONS.—A 
description of the purpose of the action or actions. 
(4) EVALUATION.— 
(A) DESCRIPTION.—An evaluation, in con-
sultation with the Secretary of State, the par-
ties described in section 203(b), and other par-
ties the President determines appropriate, of 
the anticipated impact of the Presidential ac-
tion upon— 
(i) pending abduction cases in such 
country;
(ii) the government of such country; 
(iii) the population of such country; 
(iv) the United States economy; 
(v) other interested parties; and 
(vi) if such country is a Convention 
country or an MOU country, the reciprocal 
fulfillment of obligations pursuant to such 
Convention or applicable MOU, as applica-
ble. 
(B) FORM.—The evaluation under sub-
paragraph (A) shall be transmitted in unclassi-
fied form, but may contain a classified annex if 
necessary. 
(5) STATEMENT OF POLICY OPTIONS.—A state-
ment that noneconomic policy options designed to 
resolve the unresolved case or bring about the ces-
sation of the pattern of noncooperation have reason-
ably been exhausted, including the consultations re-
quired in section 203. 
(b) DELAY IN TRANSMITTAL OF REPORT.—If, on or 
before the date that the President is required to submit 
a report under subsection (a) to the appropriate congres-
sional committees, the President determines and certifies 
to such committees that a single, additional period of time 
not to exceed 90 days is necessary pursuant to section
202(c)(2), the President shall not be required to submit 
the report to such committees until the expiration of such 
period of time. 
SEC. 205. PRESIDENTIAL ACTIONS. 
(a) DESCRIPTION OF PRESIDENTIAL ACTIONS.—Ex-
cept as provided in subsection (c), the Presidential actions 
referred to in this subsection are the following: 
(1) A private demarche. 
(2) An official public demarche. 
(3) A public condemnation. 
(4) A public condemnation within one or more 
multilateral fora. 
(5) The delay or cancellation of one or more 
scientific exchanges. 
(6) The delay or cancellation of one or more 
cultural exchanges. 
(7) The denial of one or more working, official, 
or state visits. 
(8) The delay or cancellation of one or more 
working, official, or state visits. 
(9) A formal request to the foreign country con-
cerned to extradite an individual who is engaged in 
abduction and who has been formally accused of, 
charged with, or convicted of an extraditable offense.
(10) 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). 
(11) 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). 
(12) The withdrawal, limitation, or suspension 
of assistance to the central government of a country 
pursuant to chapter 4 of part II of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2346 et seq.; relat-
ing to the Economic Support Fund). 
(13) 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 unresolved case or pattern of 
noncooperation, as applicable, under— 
(A) the Export Administration Act of 1979 
(as continued in effect under the International 
Emergency Economic Powers Act);
(B) the Arms Export Control Act; 
(C) the Atomic Energy Act of 1954; or 
(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. 
(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 sub-
section (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 Presi-
dent shall seek to take all appropriate and feasible actions 
authorized by law to resolve the unresolved case or to ob-
tain the cessation of such pattern of noncooperation, as 
applicable. 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 explanation for taking such action. 
(c) EXCEPTIONS.— 
(1) HUMANITARIAN
EXCEPTION.—Any action 
taken pursuant to subsection (a) or (b) may not pro-
hibit or restrict the provision of medicine, medical 
equipment or supplies, food, or other life-saving hu-
manitarian assistance.
(2) DEFENSE AND NATIONAL SECURITY EXCEP-
TION.—The President shall not be required to apply 
or maintain any action under section 205— 
(A) in the case of procurement of defense 
articles or defense services— 
(i) under existing contracts or sub-
contracts, including the exercise of options 
for production quantities, to satisfy re-
quirements essential to the national secu-
rity of the United States; 
(ii) if the President determines in 
writing and transmits to the appropriate 
congressional committees a report that the 
government or the agency or instrumen-
tality of such government to which such 
action would otherwise be applied is a sole 
source supplier of such defense articles or 
services, that such defense articles or serv-
ices are essential, and that alternative 
sources are not readily or reasonably avail-
able; or 
(iii) if the President determines in 
writing and transmits to the appropriate 
congressional committees a report that 
such defense articles or services are essen-
tial to the national security of the United 
States under defense co-production agree-
ments; or 
(B) to products or services provided under 
contracts entered into before the date on which 
the President publishes in the Federal Register 
notice of such action in accordance with section 
208. 
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 (13) of section 
205(a) (or commensurate action as provided in section 
205(b)) with respect to a country, if the President deter-
mines and so reports to the appropriate congressional 
committees that— 
(1) the government of such country has satis-
factorily resolved any abduction case giving rise to 
the application of any of such actions and— 
(A) if such country is a Convention coun-
try, such country has taken measures to ensure 
future compliance with the provisions of the 
Hague Abduction Convention; 
(B) if such country is an MOU country, 
such country has taken measures to ensure fu-
ture compliance with the provisions of the MOU 
at issue; or 
(C) if such country was a nonparty country 
at the time the abductions or denials of rights 
of access resulting in the abduction cases or ac-
cess cases occurred, such country has become a 
Convention country or an MOU country; 
(2) the exercise of such waiver authority would 
further the purposes of this Act; or 
(3) the important national interest of the 
United States requires the exercise of such waiver 
authority. 
(b) CONGRESSIONAL NOTIFICATION.—Not later than 
the date of the exercise of a waiver under subsection (a), 
the President shall notify the appropriate congressional 
committees of such waiver or the intention to exercise such 
waiver, together with a detailed justification thereof. 
SEC. 207. PUBLICATION IN FEDERAL REGISTER. 
(a) IN GENERAL.—Subject to subsection (b), the 
President shall ensure publication in the Federal Register 
of the following: 
(1) 
DETERMINATIONS
OF
GOVERNMENTS, 
AGENCIES, 
INSTRUMENTALITIES
OF
COUNTRIES 
WITH PATTERNS OF NONCOOPERATION.—Any des-
ignation of a country that the President has des-
ignated as a Country With a Pattern of Noncoopera-
tion under section 202(b)(1)(A), together with, when 
applicable and to the extent practicable, the identi-
ties of agencies or instrumentalities determined to be 
responsible for such pattern of noncooperation. 
(2) PRESIDENTIAL ACTIONS.—A description of 
any action under paragraphs (10) through (13) of 
section 205(a) (or commensurate action as provided 
in section 205(b)) and the effective date of such ac-
tion. 
(3) DELAYS
IN
TRANSMITTAL
OF
PRESI-
DENTIAL
ACTION
REPORTS.—Any delay in trans-
mittal of a report required under section 204. 
(4) WAIVERS.—Any waiver issued under section 
206. 
(b) LIMITED DISCLOSURE OF INFORMATION.—The 
President may limit publication of information under this 
section 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 Presi-
dent determines that the publication of such informa-
tion— 
(1) would be harmful to the national security of 
the United States; or
(2) would not further the purposes of this Act. 
SEC. 208. TERMINATION OF PRESIDENTIAL ACTIONS. 
Any action taken under this Act or any amendment 
made by this Act with respect to a foreign country shall 
terminate on the earlier of the following two dates: 
(1) Not later than two years after the effective 
date of such action unless expressly reauthorized by 
law. 
(2) The date on which the President transmits 
to Congress a certification containing a determina-
tion of the President that the government of such 
country has resolved any unresolved abduction case 
or has taken substantial and verifiable steps to cor-
rect the pattern of noncooperation at issue, as appli-
cable, that gave rise to such action. 
Passed the House of Representatives December 11, 
2013. 
Attest: 
Clerk.
113TH CONGRESS 
1ST SESSION 
H. R. 3212 
AN ACT 
To ensure compliance with the 1980 Hague Con-
vention on the Civil Aspects of International 
Child Abduction by countries with which the 
United States enjoys reciprocal obligations, to es-
tablish procedures for the prompt return of chil-
dren abducted to other countries, and for other 
purposes.