(17) MOU COUNTRY.—The term ‘‘MOU coun-
try’’ means a country with respect to which the 
United States has entered into an MOU. 
(18) 
NONPARTY
COUNTRY.—The 
term 
‘‘nonparty country’’ means a country that is neither 
a Convention country nor an MOU country. 
(19) PATTERN OF NONCOOPERATION.— 
(A) IN GENERAL.—The term ‘‘pattern of 
noncooperation’’ means the persistent failure— 
(i) of a Convention country to imple-
ment and abide by the provisions of the 
Hague Abduction Convention; and 
(ii) of an MOU country to implement 
and abide by the provisions of the applica-
ble MOU. 
(B) CRITERIA.—Such persistent failure 
may be evidenced by one or more of the fol-
lowing criteria: 
(i) The existence of 10 or more unre-
solved abduction cases. 
(ii) The failure of the Central Author-
ity of the country to fulfill its responsibil-
ities pursuant to the Hague Abduction 
Convention or the MOU, as applicable.
(iii) The failure of the judicial or ad-
ministrative branch, as applicable, of the 
national government of the country to im-
plement and comply with the provisions of 
the Hague Abduction Convention or the 
MOU, as applicable. 
(iv) The failure of law enforcement to 
locate abducted children or to enforce re-
turn orders or determinations of rights of 
access rendered by the judicial or adminis-
trative authorities of the national govern-
ment of the country in abduction cases or 
access cases. 
(20) RIGHTS OF ACCESS.—The term ‘‘rights of 
access’’ means the rights of contact between a child 
and a left-behind parent provided as a provisional 
measure while an abduction case is pending, by op-
eration of law or by reason of judicial or administra-
tive determination or by agreement having legal ef-
fect, under the law of the country in which the child 
is located. 
(21) RIGHTS OF CUSTODY.—The term ‘‘rights 
of custody’’ means rights of care and custody of an 
abducted child, including the right to determine the 
place of residence of an abducted child—
(A) attributed to an individual or entity, 
either individually or jointly, and 
(B) arising by operation of law or by rea-
son of a judicial or administrative decision, or 
by reason of an agreement having legal effect, 
under the law of the country in which the child was 
an habitual resident immediately before the abduc-
tion. 
(22) UNRESOLVED ABDUCTION CASE.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘‘unresolved abduction 
case’’ means an abduction case that remains 
unresolved for a period that exceeds 180 days 
after the date on which the completed applica-
tion for return of the child is submitted for de-
termination to the judicial or administrative au-
thority, 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 MOU, if 
applicable;
(ii) the judicial or administrative 
branch, as applicable, of the national gov-
ernment of the country in which the child 
is located has implemented and is com-
plying with the provisions of the Hague 
Abduction Convention or the MOU, as ap-
plicable, and a final determination is made 
by such judicial or administrative branch 
that the child will not be returned to the 
country of habitual residence; or 
(iii) the child attains the age of 16. 
TITLE I—DEPARTMENT OF 
STATE ACTIONS 
SEC. 101. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than March 31 of each 
year, the Secretary of State shall submit to the appro-
priate congressional committees an Annual Report on 
International Child Abduction. 
(b) CONTENTS.—Each Annual Report shall include 
the following: 
(1) A list of all countries with respect to which 
there were one or more abduction cases during the 
preceding year that identifies whether each such 
country is a Convention country, an MOU country, 
or a nonparty country.
(2) For each country with respect to which 
there were 5 or more abduction cases during the 
preceding year: 
(A) The number of abduction cases and 
the number of access cases, respectively, re-
ported during the preceding year. 
(B) The number of abduction cases and 
the number of access cases, respectively, that 
are pending as of March 1 of the year in which 
such Annual Report is submitted. 
(C)(i) For Convention and MOU countries, 
the number of abduction cases and the number 
of access cases, respectively, that were pending 
at any point for more than 180 days after the 
date on which the Central Authority of the 
United States transmitted the complete applica-
tion for each such case to the Central Authority 
of such country, and were not submitted by the 
Central Authority to the judicial or administra-
tive authority, as applicable, of such country 
within the 180-day period. 
(ii) The reason for the delay in submission 
of each case identified in clause (i) by the Cen-
tral Authority of such country to the judicial or 
administrative authority.
(D) The number of unresolved abduction 
cases, and the length of time each case has 
been pending. 
(E) The number of unresolved abduction 
cases in which a completed application has been 
filed and law enforcement has failed to locate 
the abducted child or to enforce a return order 
rendered by the judicial or administrative au-
thorities of such country. 
(F) The median time required for resolu-
tion of abduction cases during the preceding 
year, to be measured from the date on which 
the application with respect to the abduction 
case is transmitted by the Central Authority of 
the United States to the Central Authority of 
such country to the date on which the abduc-
tion case is resolved. 
(G) The total number and the percentage 
of the total number of abduction cases and ac-
cess cases, respectively, resolved during the pre-
ceding year. 
(H) Detailed information about each unre-
solved abduction case described in subpara-
graph (E) and on actions taken by the Depart-
ment of State to resolve such case, including
(2) information on the use of airlines in abduc-
tions, voluntary airline practices to prevent abduc-
tions, and recommendations for best airline practices 
to prevent abductions; 
(3) information on actions taken by the Central 
Authority of the United States to train domestic 
judges in application of the Hague Abduction Con-
vention; and 
(4) 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 cen-
ter personnel about abductions, the risk of loss of 
access to children, and the legal frameworks avail-
able to resolve such cases. 
(e) REPEAL OF THE HAGUE CONVENTION COMPLI-
ANCE REPORT.—Section 2803 of the Foreign Affairs Re-
form and Restructuring Act of 1998 (42 U.S.C. 11611) 
is repealed. 
SEC. 102. STANDARDS AND ASSISTANCE. 
The Secretary of State shall ensure that United 
States diplomatic and consular missions abroad— 
(1) maintain a consistent reporting standard 
with respect to abduction cases and access cases in-
volving abducted children in the country in which
such mission is located for purposes of the Annual 
Report; 
(2) designate at least one official in each such 
mission to assist left-behind parents from the United 
States who are visiting such country to resolve cases 
involving an abduction or rights of access; and 
(3) monitor developments in cases involving ab-
ducted children in the country in which such mission 
is located. 
SEC. 103. MEMORANDUM OF UNDERSTANDING. 
(a) IN GENERAL.—The Secretary of State should 
seek to enter into an MOU with every country that is not 
a Convention country and is unlikely to become a Conven-
tion country in the forseeable future, that includes— 
(1) identification of the Central Authority; 
(2) a protocol to identify, locate, and effectuate 
the return of an abducted child identified in an ab-
duction case not later than 6 weeks after the appli-
cation 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) a protocol for the establishment and protec-
tion of the rights of access;
(4) identification of the judicial or administra-
tive authority that will promptly adjudicate abduc-
tion cases and access cases; 
(5) identification of a law enforcement agency 
and available law enforcement mechanisms and pro-
cedures to ensure the immediate enforcement of an 
order issued by the authority identified pursuant to 
paragraph (4) to return an abducted child to a left- 
behind parent, including by— 
(A) conducting an investigation to ascer-
tain the location of the abducted child; 
(B) providing protection to the abducted 
child after such child is located; and 
(C) retrieving the abducted child and mak-
ing the appropriate arrangements for such child 
to be returned to the country of habitual resi-
dence; 
(6) a protocol to establish periodic visits be-
tween a United States embassy or consular official 
and an abducted child to allow the official to ascer-
tain the child’s location and welfare; and 
(7) such other provisions as determined to be 
appropriate by the Secretary of State. 
(b) RULE OF CONSTRUCTION.—
(1) IN GENERAL.—Nothing in this Act shall be 
construed to prohibit the United States from pro-
posing and entering into a memorandum of under-
standing with a Convention country to further clar-
ify the reciprocal obligations of the United States 
and the Convention country under the Hague Ab-
duction Convention. 
(2) TREATMENT OF OBLIGATIONS OF CONVEN-
TION COUNTRY.—In those instances in which there 
is a memorandum of understanding as described in 
paragraph (1), the obligations of the Convention 
country under such memorandum shall be consid-
ered to be obligations of such country under the 
Hague Abduction Convention for purposes of this 
Act. 
SEC. 104. NOTIFICATION OF CONGRESSIONAL REPRESENT-
ATIVES. 
(a) NOTIFICATION.—Except as provided in sub-
section (b), the Secretary of State shall notify in writing 
the Member of Congress and Senators representing the 
legal residence of a left-behind parent when such parent 
reports an abduction to the Central Authority of the 
United States. 
(b) EXCEPTION.—The notification requirement under 
subsection (a) shall not apply if the left-behind parent
does not consent to the notification described in such sub-
section. 
(c) TIMING.—At the request of any person who is a 
left-behind parent, including a left-behind parent who pre-
viously reported an abduction to the Central Authority of 
the United States before the date of the enactment of this 
Act, notification of a Member of Congress, in accordance 
with subsections (a) and (b), shall be provided as soon 
as is practicable. 
(d) MEMBER OF CONGRESS DEFINED.—In this sec-
tion, the term ‘‘Member of Congress’’ means a Represent-
ative in, or Delegate or Resident Commissioner to, the 
Congress. 
TITLE II—PRESIDENTIAL 
ACTIONS 
SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRE-
SOLVED CASES. 
(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 
abducted from the United States by estab-
lishing legal rights and procedures for their 
prompt return and by promoting such rights
and procedures through actions that ensure the 
enforcement of reciprocal international obliga-
tions; and 
(B) recognize the international character 
of the Hague Abduction Convention, and the 
need for reciprocity pursuant to and the uni-
form international interpretation of the Hague 
Abduction Convention, by promoting the timely 
resolution of abduction cases through one or 
more of the actions described in section 205. 
(2) REQUIREMENT
OF
PRESIDENTIAL
AC-
TION.—Whenever the President determines that the 
government of a foreign country has failed to resolve 
an unresolved abduction case, the President shall op-
pose such failure through one or more of the actions 
described in subsection (b). 
(b) PRESIDENTIAL ACTIONS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the President, in consultation with the Sec-
retary of State, shall, as expeditiously as practicable 
in response to the failure described in subsection (a) 
by the government of a foreign country, take one or 
more of the actions described in paragraphs (1) 
through (13) of section 205(a) (or commensurate ac-