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(2) GUIDELINES
FOR
ACTIONS
BY
THE
SEC-
RETARY
OF
STATE.—In addition to the guidelines 
under paragraph (1), the Secretary of State, in deter-
mining whether to take 1 or more actions under para-
graphs (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 RE-
SPONSE TO PATTERNS OF NONCOMPLIANCE 
IN CASES OF INTERNATIONAL CHILD ABDUC-
TIONS. 
(a) RESPONSE TO A PATTERN OF NONCOMPLIANCE.— 
It is the policy of the United States— 
(1) to oppose institutional or other systemic fail-
ures of foreign governments to fulfill their obligations 
pursuant to the Hague Abduction Convention or bi-
lateral procedures, as applicable, to resolve abduction 
and access cases;
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(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 govern-
ment 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 ac-
cess cases in each foreign country in order to de-
termine whether the government of such country 
has engaged in a pattern of noncompliance dur-
ing the preceding 12 months; and 
(B) report such determination pursuant to 
section 101(f). 
(2) DETERMINATIONS
OF
RESPONSIBLE
PAR-
TIES.—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—
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(A) to appropriately target actions in re-
sponse to such noncompliance; and 
(B) to engage with senior foreign govern-
ment officials to effectively address such non-
compliance. 
(c) ACTIONS BY THE SECRETARY OF STATE WITH RE-
SPECT TO A COUNTRY WITH A PATTERN OF NONCOMPLI-
ANCE.— 
(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 coun-
try 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
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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 congres-
sional committees that such additional period is nec-
essary— 
(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 non-
compliance by such country; 
(B) for a review of corrective action taken 
by a country after the designation of such coun-
try as being engaged in a pattern of noncompli-
ance 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 para-
graph (1) with respect to a country determined to 
have been engaged in a persistent pattern of non-
compliance if the Secretary— 
(A) has taken action pursuant to paragraph 
(5), (6), or (7) of subsection (d) with respect to
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such country in the preceding year and such ac-
tion continues to be in effect; 
(B) exercises the waiver under section 204 
and briefs the appropriate congressional commit-
tees; or 
(C) submits a report to the appropriate con-
gressional committees that— 
(i) indicates that such country is sub-
ject to multiple, broad-based sanctions; and 
(ii) describes how such sanctions sat-
isfy 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 Sec-
retary of State referred to in this subsection are— 
(1) a demarche; 
(2) an official public statement detailing unre-
solved cases; 
(3) a public condemnation;
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(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 pur-
suant to chapter 4 of part II of the Foreign Assist-
ance 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 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. 
(e) COMMENSURATE ACTION.— 
(1) IN GENERAL.—Except as provided in sub-
section (f), the Secretary of State may substitute any 
other action authorized by law for any action de-
scribed in subsection (d) if the Secretary determines 
that such action—
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(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 com-
mittees that— 
(A) describes such action; 
(B) explains the reasons for taking such ac-
tion; 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 re-