I 
113TH CONGRESS 
1ST SESSION H. R. 3212 
To ensure compliance with the 1980 Hague Convention on the Civil Aspects 
of International Child Abduction by countries with which the United 
States enjoys reciprocal obligations, to establish procedures for the 
prompt return of children abducted to other countries, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2013 
Mr. SMITH of New Jersey (for himself, Mr. MORAN, Mr. WOLF, Mr. MEAD-
OWS, Mr. KENNEDY, Mr. SHERMAN, Mr. LIPINSKI, Mr. HOLDING, and 
Mr. BURGESS) introduced the following bill; which was referred to the 
Committee on Foreign Affairs 
A BILL 
To ensure compliance with the 1980 Hague Convention on 
the Civil Aspects of International Child Abduction by 
countries with which the United States enjoys reciprocal 
obligations, to establish procedures for the prompt return 
of children abducted to other countries, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Sean and David Goldman International Child Abduction 
Prevention and Return Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Findings; sense of Congress; purposes. 
Sec. 3. Definitions. 
Sec. 4. Funding. 
TITLE I—DEPARTMENT OF STATE ACTIONS 
Sec. 101. Annual report. 
Sec. 102. Standards and assistance. 
Sec. 103. Memorandum of understanding. 
Sec. 104. Notification of congressional representatives. 
TITLE II—PRESIDENTIAL ACTIONS 
Sec. 201. Presidential actions in response to unresolved cases. 
Sec. 202. Presidential actions in response to patterns of noncooperation in 
cases of international child abductions. 
Sec. 203. Consultations with foreign governments. 
Sec. 204. Report to Congress. 
Sec. 205. Presidential actions. 
Sec. 206. Presidential waiver. 
Sec. 207. Publication in Federal Register. 
Sec. 208. Termination of Presidential actions. 
SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Sean Goldman, a United States citizen and 
resident of New Jersey, was abducted from the 
United States in 2004 and separated from his fa-
ther, David Goldman, who spent nearly six years 
battling for the return of his son from Brazil before 
Sean was finally returned to Mr. Goldman’s custody 
on December 24, 2009. 
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(2) The Department of State’s Office of Chil-
dren’s Issues, which serves as the Central Authority 
of the United States for the purposes of the 1980 
Hague Convention on the Civil Aspects of Inter-
national Child Abduction, has received thousands of 
requests since 2007 for assistance in the return to 
the United States of children who have been ab-
ducted by a parent or other legal guardian to an-
other country. For a variety of reasons reflecting the 
significant obstacles to the recovery of abducted chil-
dren, as well as the legal and factual complexity in-
volving such cases, not all cases are reported to the 
Central Authority of the United States. 
(3) More than one thousand outgoing inter-
national child abductions are reported to the Central 
Authority of the United States every year. 
(4) Only about half of the children abducted 
from the United States to countries with which the 
United States enjoys reciprocal obligations under the 
Hague Abduction Convention are returned to the 
United States. 
(5) The United States and Convention coun-
tries have expressed their desire, through the Hague 
Abduction Convention, ‘‘to protect children inter-
nationally from the harmful effects of their wrongful 
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removal or retention and to establish procedures to 
ensure their prompt return to the State of their ha-
bitual residence, as well as to secure protection for 
rights of access.’’. 
(6) Compliance by the United States and Con-
vention countries depends on the actions of their 
designated central authorities, the performance of 
their judiciaries as reflected in the legal process and 
decisions rendered to enforce or effectuate the 
Hague Abduction Convention, and the ability and 
willingness of their law enforcement to insure the 
swift enforcement of orders rendered pursuant to the 
Hague Abduction Convention. 
(7) According to data compiled by the Central 
Authority of the United States, approximately 40 
percent of abduction cases and access cases involve 
children taken from the United States to countries 
with which the United States does not have Hague 
Abduction Convention obligations or other agree-
ments relating to the resolution of abduction cases 
and access cases. 
(8) According to the Department of State’s 
April 2010 Report on Compliance with the Hague 
Convention on the Civil Aspects of International 
Child Abduction, ‘‘parental child abduction jeopard-
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izes the child and has substantial long-term con-
sequences for both the child and the left-behind par-
ent.’’. 
(9) Abducted children are at risk of serious 
emotional and psychological problems and have been 
found to experience anxiety, eating problems, night-
mares, mood swings, sleep disturbances, aggressive 
behavior, resentment, guilt and fearfulness, and as 
adults may struggle with identity issues, personal re-
lationships, and parenting. 
(10) Left-behind parents may encounter sub-
stantial psychological and emotional problems, and 
few have the extraordinary financial resources nec-
essary to pursue individual civil or criminal remedies 
in both the United States and a foreign country, 
even where available, or to engage in repeated for-
eign travel to attempt to procure the return of their 
children by evoking diplomatic and humanitarian 
remedies. 
(11) Left-behind parents who are military par-
ents may be unable to leave their military duties to 
pursue multinational litigation or take leave to at-
tend multiple court proceedings, and foreign authori-
ties may not schedule proceedings to accommodate 
such duties. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should set a strong example 
for Convention countries in the timely location and return 
of abducted children in the United States whose habitual 
residence is not the United States. 
(c) PURPOSES.—The purposes of this Act are to— 
(1) protect children whose habitual residence is 
the United States from the harmful effects of abduc-
tion and to assist left-behind parents to have access 
to their abducted child in a safe and predictable 
manner, wherever the child is located, while an ab-
duction case is pending; 
(2) provide left-behind parents, including mili-
tary parents, their advocates, and judges the infor-
mation they need to enhance the resolution of abduc-
tion cases and access cases through established legal 
procedures, risk assessment tools, and the practical 
means for overcoming obstacles to recovering an ab-
ducted child; 
(3) establish measured, effective, and predict-
able actions to be undertaken by the President on 
behalf of abducted children whose habitual residence 
is the United States at the time of the abduction; 
(4) promote an international consensus that it 
is in the interest of children to have any issues re-
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lated to their care and custody determined in the 
country of their habitual residence; 
(5) provide the necessary training for officials 
of the United States Armed Forces and the Depart-
ment of Defense to establish policies and provide 
services to military parents that address the unique 
circumstances of abductions and violations of rights 
of access that may occur with regard to military de-
pendent children; and 
(6) encourage the effective implementation of 
international mechanisms, particularly those estab-
lished pursuant to the Hague Abduction Convention, 
to achieve reciprocity in the resolution of abductions 
and to protect children from the harmful effects of 
an abduction. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ABDUCTED
CHILD.—The term ‘‘abducted 
child’’ means a child who is the victim of an abduc-
tion. 
(2) 
ABDUCTION.—The 
term 
‘‘abduction’’ 
means— 
(A) the alleged wrongful removal of a child 
from the child’s country of habitual residence; 
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(B) the alleged wrongful retention of a 
child outside the child’s country of habitual res-
idence; or 
(C) the alleged wrongful removal or reten-
tion of a military dependent child from the ex-
ercise of rights of custody of a military parent. 
(3) ABDUCTION
CASE.—The term ‘‘abduction 
case’’ means a case involving an application filed 
with the Central Authority of the United States by 
a left-behind parent for the resolution of an abduc-
tion. 
(4) ACCESS
CASE.—The term ‘‘access case’’ 
means a case involving an application filed with the 
Central Authority of the United States by a left-be-
hind parent for the establishment of rights of access. 
(5) ANNUAL REPORT.—The term ‘‘Annual Re-
port’’ means the Annual Report on International 
Child Abduction required under section 101. 
(6) APPLICATION.—The term ‘‘application’’ 
means— 
(A) in the case of a Convention country, 
the application required pursuant to article 8 of 
the Hague Abduction Convention; 
(B) in the case of an MOU country, the 
formal document required pursuant to the pro-
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visions of the applicable MOU to request the re-
turn of an abducted child or to request rights 
of access, as applicable; and 
(C) in the case of a nonparty country, the 
formal request by the Central Authority of the 
United States to the Central Authority of such 
country requesting the return of an abducted 
child or for rights of access to an abducted 
child. 
(7) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Affairs of 
the House of Representatives and the Committee on 
Foreign Relations of the Senate. 
(8) CENTRAL AUTHORITY.—The term ‘‘Central 
Authority’’ means— 
(A) in the case of a Convention country, 
the meaning given such term in article 6 of the 
Hague Abduction Convention; 
(B) in the case of an MOU country, the of-
ficial entity designated by the government of 
the MOU country within the applicable MOU 
pursuant to section 103(b)(1) to discharge the 
duties imposed on the entity in such MOU; and 
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(C) in the case of a nonparty country, the 
foreign ministry of such country. 
(9) CHILD.—The term ‘‘child’’ means an indi-
vidual who has not attained the age of 16. 
(10) CONVENTION COUNTRY.—The term ‘‘Con-
vention country’’ means a country other than the 
United States that has ratified, acceded, or suc-
ceeded to the Hague Abduction Convention and with 
respect to which the United States has entered into 
a reciprocal agreement pursuant to the Hague Ab-
duction Convention. 
(11) HAGUE
ABDUCTION
CONVENTION.—The 
term ‘‘Hague Abduction Convention’’ means the 
Convention on the Civil Aspects of International 
Child Abduction, done at The Hague on October 25, 
1980. 
(12) LEFT-BEHIND PARENT.—The term ‘‘left- 
behind parent’’ means an individual or entity, either 
individually or jointly, who alleges that an abduction 
has occurred that is in breach of rights of custody— 
(A) attributed to such individual or entity, 
as applicable; and 
(B) exercised at the time of the abduction 
or that would have been exercised but for the 
abduction. 
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(13) LEGAL RESIDENCE.—The term ‘‘legal resi-
dence’’ means the congressional district and State in 
which an individual either is residing, or if an indi-
vidual is residing temporarily outside the United 
States, the congressional district and State to which 
the individual intends to return. 
(14) MILITARY DEPENDENT CHILD.—The term 
‘‘military dependent child’’ means a child whose ha-
bitual residence is the United States according to 
United States law even though the child is residing 
outside the United States with a military parent. 
(15) MILITARY PARENT.—The term ‘‘military 
parent’’ means an individual who has rights of cus-
tody over a child and who is serving outside the 
United States as a member of the United States 
Armed Forces. 
(16) MOU.—The term ‘‘MOU’’ means a memo-
randum of understanding between the United States 
and a country that is not a Convention country to 
resolve abduction cases and access cases. 
(17) MOU COUNTRY.—The term ‘‘MOU coun-
try’’ means a country with respect to which the 
United States has entered into an MOU. 
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(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 
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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 
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(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 
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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. 
SEC. 4. FUNDING. 
Amounts necessary to carry out this Act shall be 
taken out of the discretionary funds available to the Sec-
retary of State for each of the fiscal years 2014 through 
2018. 
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 
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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-
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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 percentage of the total number of 
abduction cases and access cases, respectively, 
resolved during the preceding year. 
(H) Detailed information about each unre-
solved abduction case described in subpara-
graph (E) and on actions taken by the Depart-
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ment of State to resolve such case, including 
the specific actions taken by the United States 
chief of mission in such country. 
(I) Recommendations to improve resolution 
of abduction cases and access cases. 
(3) The number of abducted children from the 
United States who were returned to the United 
States from Convention countries, MOU countries, 
and nonparty countries, respectively. 
(4) A list of Convention countries and MOU 
countries that have failed to comply with any of 
their obligations under the Hague Abduction Con-
vention or the MOU, as applicable, with respect to 
the resolution of abduction cases and access cases. 
(5) A list of countries demonstrating a pattern 
of noncooperation, and a summary of the criteria on 
which the determination of a pattern of noncoopera-
tion for each country is based. 
(6)(A) Information on efforts by the Secretary 
of State to encourage other countries to become sig-
natories to the Hague Abduction Convention or to 
enter into an MOU. 
(B) The efforts referred to in subparagraph (A) 
shall include efforts to address pending abduction 
cases and access cases in such countries. 
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(7) A description of the efforts of the Secretary 
of State to encourage Convention countries and 
MOU countries to facilitate the work of nongovern-
mental organizations within their respective coun-
tries that assist left-behind parents. 
(c) EXCEPTION.—The Annual Report shall not in-
clude— 
(1) the names of left-behind parents or children 
involved in abduction cases or access cases; or 
(2) information that may identify a party in-
volved in an abduction case or access case unless the 
party stipulates in writing to the Central Authority 
of the United States that such information may be 
included in the Annual Report. 
(d) ADDITIONAL THEMATIC SECTIONS.—Each An-
nual Report shall also include— 
(1) information on the number of unresolved 
abduction cases affecting left-behind parents who 
are military parents and a summary of assistance of-
fered to such left-behind parents; 
(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; 
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(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 
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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-
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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 
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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) MEMBER OF CONGRESS DEFINED.—In this sec-
tion, the term ‘‘Member of Congress’’ means a Represent-
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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. 
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(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 (12) of section 205(a) (or commensurate ac-
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 (12) of section 205(a) (or commensu-
rate action as provided in section 205(b)) with 
respect to each foreign country the government 
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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 (12) 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 (12) 
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— 
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(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 (12) 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. 
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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.— 
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(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 
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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 
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(10) through (12) 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.— 
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(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)— 
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(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 (12) 
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— 
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(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 (12) 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. 
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(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. 
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(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. 
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(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) Ordering the heads of the appropriate 
United States agencies not to issue any (or a speci-
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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 
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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 
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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 (12) of section 
205(a) (or commensurate action as provided in section 
205(b)) with respect to a country, if the President deter-
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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), 
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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 (12) 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. 
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(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-
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rect the pattern of noncooperation at issue, as appli-
cable, that gave rise to such action. 
Æ 
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