H. R. 3212 
One Hundred Thirteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Friday, 
the third day of January, two thousand and fourteen 
An Act 
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 Representatives of 
the United States of America in Congress assembled, 
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 2014’’. 
(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. 
TITLE I—DEPARTMENT OF STATE ACTIONS 
Sec. 101. Annual report. 
Sec. 102. Standards and assistance. 
Sec. 103. Bilateral procedures, including memoranda of understanding. 
Sec. 104. Report to congressional representatives. 
TITLE II—ACTIONS BY THE SECRETARY OF STATE 
Sec. 201. Response to international child abductions. 
Sec. 202. Actions by the Secretary of State in response to patterns of noncompli-
ance in cases of international child abductions. 
Sec. 203. Consultations with foreign governments. 
Sec. 204. Waiver by the Secretary of State. 
Sec. 205. Termination of actions by the Secretary of State. 
TITLE III—PREVENTION OF INTERNATIONAL CHILD ABDUCTION 
Sec. 301. Preventing children from leaving the United States in violation of a court 
order. 
Sec. 302. Authorization for judicial training on international parental child abduc-
tion. 
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 father, David Goldman, who spent 
nearly 6 years battling for the return of his son from Brazil 
before Sean was finally returned to Mr. Goldman’s custody 
on December 24, 2009. 
(2) The Department of State’s Office of Children’s Issues, 
which serves as the Central Authority of the United States 
for the purposes of the 1980 Hague Convention on the Civil
H. R. 3212—2 
Aspects of International Child Abduction (referred to in this 
Act as the ‘‘Hague Abduction Convention’’), has received thou-
sands of requests since 2007 for assistance in the return to 
the United States of children who have been wrongfully 
abducted by a parent or other legal guardian to another country. 
(3) For a variety of reasons reflecting the significant 
obstacles to the recovery of abducted children, as well as the 
legal and factual complexity involving such cases, not all cases 
are reported to the Central Authority of the United States. 
(4) More than 1,000 outgoing international child abductions 
are reported every year to the Central Authority of the United 
States, which depends solely on proactive reporting of abduction 
cases. 
(5) Only about one-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. 
(6) The United States and other Convention countries have 
expressed their desire, through the Hague Abduction Conven-
tion, ‘‘to protect children internationally from the harmful 
effects of their wrongful removal or retention and to establish 
procedures to ensure their prompt return to the State of their 
habitual residence, as well as to secure protection for rights 
of access.’’ 
(7) Compliance by the United States and other Convention 
countries depends on the actions of their designated central 
authorities, the performance of their judicial systems 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 authorities to ensure 
the swift enforcement of orders rendered pursuant to the Hague 
Abduction Convention. 
(8) According to data from the Department of State, 
approximately 40 percent of abduction cases involve children 
taken from the United States to countries with which the 
United States does not have reciprocal obligations under the 
Hague Abduction Convention or other arrangements relating 
to the resolution of abduction cases. 
(9) 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 abduc-
tion jeopardizes the child and has substantial long-term con-
sequences for both the child and the left-behind parent.’’ 
(10) Few left-behind parents have the extraordinary finan-
cial resources necessary— 
(A) to pursue individual civil or criminal remedies in 
both the United States and a foreign country, even if such 
remedies are available; or 
(B) to engage in repeated foreign travel to attempt 
to obtain the return of their children through diplomatic 
or other channels. 
(11) Military parents often face additional complications 
in resolving abduction cases because of the challenges presented 
by their military obligations. 
(12) In addition to using the Hague Abduction Convention 
to achieve the return of abducted children, the United States 
has an array of Federal, State, and local law enforcement,
H. R. 3212—3 
criminal justice, and judicial tools at its disposal to prevent 
international abductions. 
(13) Federal agencies tasked with preventing international 
abductions have indicated that the most effective way to stop 
international child abductions is while they are in progress, 
rather than after the child has been removed to a foreign 
destination. 
(14) Parental awareness of abductions in progress, rapid 
response by relevant law enforcement, and effective coordina-
tion among Federal, State, local, and international stakeholders 
are critical in preventing such abductions. 
(15) A more robust application of domestic tools, in coopera-
tion with international law enforcement entities and appro-
priate application of the Hague Abduction Convention could— 
(A) discourage some parents from attempting abduc-
tions; 
(B) block attempted abductions at ports of exit; and 
(C) help achieve the return of more abducted children. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the United States should set a strong example for other Convention 
countries in the timely location and prompt resolution of cases 
involving children abducted abroad and brought to the United 
States. 
(c) PURPOSES.—The purposes of this Act are— 
(1) to protect children whose habitual residence is the 
United States from wrongful abduction; 
(2) to assist left-behind parents in quickly resolving cases 
and maintaining safe and predictable contact with their child 
while an abduction case is pending; 
(3) to protect the custodial rights of parents, including 
military parents, by providing the parents, the judicial system, 
and law enforcement authorities with the information they 
need to prevent unlawful abduction before it occurs; 
(4) to enhance the prompt resolution of abduction and 
access cases; 
(5) to detail an appropriate set of actions to be undertaken 
by the Secretary of State to address persistent problems in 
the resolution of abduction cases; 
(6) to establish a program to prevent wrongful abductions; 
and 
(7) to increase interagency coordination in preventing inter-
national child abduction by convening a working group com-
posed of presidentially appointed and Senate confirmed officials 
from the Department of State, the Department of Homeland 
Security, and the Department of Justice. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ABDUCTED CHILD.—The term ‘‘abducted child’’ means 
a child who is the victim of international child abduction. 
(2) ABDUCTION.—The term ‘‘abduction’’ means the alleged 
wrongful removal of a child from the child’s country of habitual 
residence, or the wrongful retention of a child outside such 
country, in violation of a left-behind parent’s custodial rights, 
including the rights of a military parent. 
(3) ABDUCTION CASE.—The term ‘‘abduction case’’ means 
a case that—
H. R. 3212—4 
(A) has been reported to the Central Authority of the 
United States by a left-behind parent for the resolution 
of an abduction; and 
(B) meets the criteria for an international child abduc-
tion under the Hague Abduction Convention, regardless 
of whether the country at issue is a Convention country. 
(4) ACCESS CASE.—The term ‘‘access case’’ means a case 
involving an application filed with the Central Authority of 
the United States by a parent seeking rights of access. 
(5) ANNUAL REPORT.—The term ‘‘Annual Report’’ 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 a bilateral procedures country, the 
formal document required, pursuant to the provisions of 
the applicable arrangement, to request the return of an 
abducted child or to request rights of access, as applicable; 
and 
(C) in the case of a non-Convention 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 contact with 
an abducted child. 
(7) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means the Committee 
on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives. 
(8) BILATERAL
PROCEDURES.—The term ‘‘bilateral proce-
dures’’ means any procedures established by, or pursuant to, 
a bilateral arrangement, including a Memorandum of Under-
standing between the United States and another country, to 
resolve abduction and access cases, including procedures to 
address interim contact matters. 
(9) BILATERAL PROCEDURES COUNTRY.—The term ‘‘bilateral 
procedures country’’ means a country with which the United 
States has entered into bilateral procedures, including Memo-
randa of Understanding, with respect to child abductions. 
(10) 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 a bilateral procedures country, the 
official entity designated by the government of the bilateral 
procedures country within the applicable memorandum of 
understanding pursuant to section 103(b)(1) to discharge 
the duties imposed on the entity; and 
(C) in the case of a non-Convention country, the foreign 
ministry or other appropriate authority of such country. 
(11) CHILD.—The term ‘‘child’’ means an individual who 
has not attained 16 years of age. 
(12) 
CONVENTION
COUNTRY.—The 
term 
‘‘Convention 
country’’ means a country for which the Hague Abduction
H. R. 3212—5 
Convention has entered into force with respect to the United 
States. 
(13) HAGUE ABDUCTION CONVENTION.—The term ‘‘Hague 
Abduction Convention’’ means the Convention on the Civil 
Aspects of International Child Abduction, done at The Hague 
October 25, 1980. 
(14) INTERIM CONTACT.—The term ‘‘interim contact’’ means 
the ability of a left-behind parent to communicate with or 
visit an abducted child during the pendency of an abduction 
case. 
(15) LEFT-BEHIND PARENT.—The term ‘‘left-behind parent’’ 
means an individual or legal custodian who alleges that an 
abduction has occurred that is in breach of rights of custody 
attributed to such individual. 
(16) NON-CONVENTION COUNTRY.—The term ‘‘non-Conven-
tion country’’ means a country in which the Hague Abduction 
Convention has not entered into force with respect to the United 
States. 
(17) OVERSEAS
MILITARY
DEPENDENT
CHILD.—The term 
‘‘overseas military dependent child’’ means a child whose 
habitual residence is the United States according to United 
States law even though the child is residing outside the United 
States with a military parent. 
(18) OVERSEAS MILITARY PARENT.—The term ‘‘overseas mili-
tary parent’’ means an individual who— 
(A) has custodial rights with respect to a child; and 
(B) is serving outside the United States as a member 
of the United States Armed Forces. 
(19) PATTERN OF NONCOMPLIANCE.— 
(A) IN GENERAL.—The term ‘‘pattern of noncompliance’’ 
means the persistent failure— 
(i) of a Convention country to implement and abide 
by provisions of the Hague Abduction Convention; 
(ii) of a non-Convention country to abide by 
bilateral procedures that have been established 
between the United States and such country; or 
(iii) of a non-Convention country to work with the 
Central Authority of the United States to resolve 
abduction cases. 
(B) PERSISTENT
FAILURE.—Persistent failure under 
subparagraph (A) may be evidenced in a given country 
by the presence of 1 or more of the following criteria: 
(i) Thirty percent or more of the total abduction 
cases in such country are unresolved abduction cases. 
(ii) The Central Authority regularly fails to fulfill 
its responsibilities pursuant to— 
(I) the Hague Abduction Convention; or 
(II) any bilateral procedures between the 
United States and such country. 
(iii) The judicial or administrative branch, as 
applicable, of the national government of a Convention 
country or a bilateral procedures country fails to regu-
larly implement and comply with the provisions of 
the Hague Abduction Convention or bilateral proce-
dures, as applicable. 
(iv) Law enforcement authorities regularly fail to 
enforce return orders or determinations of rights of
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access rendered by the judicial or administrative 
authorities of the government of the country in abduc-
tion cases. 
(20) RIGHTS OF ACCESS.—The term ‘‘rights of access’’ means 
the establishment of rights of contact between a child and 
a parent seeking access in Convention countries— 
(A) by operation of law; 
(B) through a judicial or administrative determination; 
or 
(C) through a legally enforceable arrangement between 
the parties. 
(21) RIGHTS OF CUSTODY.—The term ‘‘rights of custody’’ 
means rights of care and custody of a child, including the 
right to determine the place of residence of a child, under 
the laws of the country in which the child is a habitual resi-
dent— 
(A) attributed to an individual or legal custodian; and 
(B) arising— 
(i) by operation of law; or 
(ii) through a judicial or administrative decision; 
or 
(iii) through a legally enforceable arrangement 
between the parties. 
(22) RIGHTS
OF
INTERIM
CONTACT.—The term ‘‘rights of 
interim contact’’ means the rights of contact between a child 
and a left-behind parent, which has been provided as a provi-
sional measure while an abduction case is pending, under the 
laws of the country in which the child is located— 
(A) by operation of law; or 
(B) through a judicial or administrative determination; 
or 
(C) through a legally enforceable arrangement between 
the parties. 
(23) UNRESOLVED ABDUCTION CASE.— 
(A) IN
GENERAL.—Subject to subparagraph (B), the 
term ‘‘unresolved abduction case’’ means an abduction case 
that remains unresolved for a period that exceeds 12 
months after the date on which the completed application 
for return of the child is submitted for determination to 
the judicial or administrative authority, 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 Conven-
tion or other appropriate bilateral procedures, if 
applicable; 
(ii) the judicial or administrative branch, as 
applicable, of the government of the country in which 
the child is located has implemented, and is complying 
with, the provisions of the Hague Abduction Conven-
tion or other bilateral procedures, as applicable; 
(iii) the left-behind parent reaches a voluntary 
arrangement with the other parent; 
(iv) the left-behind parent submits a written with-
drawal of the application or the request for assistance 
to the Department of State;
H. R. 3212—7 
(v) the left-behind parent cannot be located for 
1 year despite the documented efforts of the Depart-
ment of State to locate the parent; or 
(vi) the child or left-behind parent is deceased. 
TITLE I—DEPARTMENT OF STATE 
ACTIONS 
SEC. 101. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than April 30 of each year, the 
Secretary of State shall submit to the appropriate congressional 
committees an Annual Report on International Child Abduction. 
The Secretary shall post the Annual Report to the publicly acces-
sible website of the Department of State. 
(b) CONTENTS.—Each Annual Report shall include— 
(1) a list of all countries in which there were 1 or more 
abduction cases, during the preceding calendar year, relating 
to a child whose habitual residence is the United States, 
including a description of whether each such country— 
(A) is a Convention country; 
(B) is a bilateral procedures country; 
(C) has other procedures for resolving such abductions; 
or 
(D) adheres to no protocols with respect to child abduc-
tion; 
(2) for each country with respect to which there were 
5 or more pending abduction cases, during the preceding year, 
relating to a child whose habitual residence is the United 
States— 
(A) the number of such new abduction and access cases 
reported during the preceding year; 
(B) for Convention and bilateral procedures countries— 
(i) the number of abduction and access cases that 
the Central Authority of the United States transmitted 
to the Central Authority of such country; and 
(ii) the number of abduction and access cases that 
were not submitted by the Central Authority to the 
judicial or administrative authority, as applicable, of 
such country; 
(C) the reason for the delay in submission of each 
case identified in subparagraph (B)(ii) by the Central 
Authority of such country to the judicial or administrative 
authority of that country; 
(D) the number of unresolved abduction and access 
cases, and the length of time each case has been pending; 
(E) the number and percentage of unresolved abduction 
cases in which law enforcement authorities have— 
(i) not located the abducted child; 
(ii) failed to undertake serious efforts to locate 
the abducted child; and 
(iii) failed to enforce a return order rendered by 
the judicial or administrative authorities of such 
country; 
(F) the total number and the percentage of the total 
number of abduction and access cases, respectively, 
resolved during the preceding year;
H. R. 3212—8 
(G) recommendations to improve the resolution of 
abduction and access cases; and 
(H) the average time it takes to locate a child; 
(3) the number of abducted children whose habitual resi-
dence is in the United States and who were returned to the 
United States from— 
(A) Convention countries; 
(B) bilateral procedures countries; 
(C) countries having other procedures for resolving 
such abductions; or 
(D) countries adhering to no protocols with respect 
to child abduction; 
(4) a list of Convention countries and bilateral procedures 
countries that have failed to comply with any of their obliga-
tions under the Hague Abduction Convention or bilateral proce-
dures, as applicable, with respect to the resolution of abduction 
and access cases; 
(5) a list of countries demonstrating a pattern of noncompli-
ance and a description of the criteria on which the determina-
tion of a pattern of noncompliance for each country is based; 
(6) information on efforts by the Secretary of State to 
encourage non-Convention countries— 
(A) to ratify or accede to the Hague Abduction Conven-
tion; 
(B) to enter into or implement other bilateral proce-
dures, including memoranda of understanding, with the 
United States; and 
(C) to address pending abduction and access cases; 
(7) the number of cases resolved without abducted children 
being returned to the United States from Convention countries, 
bilateral procedures countries, or other non-Convention coun-
tries; 
(8) a list of countries that became Convention countries 
with respect to the United States during the preceding year; 
and 
(9) information about efforts to seek resolution of abduction 
cases of children whose habitual residence is in the United 
States and whose abduction occurred before the Hague Abduc-
tion Convention entered into force with respect to the United 
States. 
(c) EXCEPTIONS.—Unless a left-behind parent provides written 
permission to the Central Authority of the United States to include 
personally identifiable information about the parent or the child 
in the Annual Report, the Annual Report may not include any 
personally identifiable information about any such parent, child, 
or party to an abduction or access case involving such parent 
or child. 
(d) ADDITIONAL SECTIONS.—Each Annual Report shall also 
include— 
(1) information on the number of unresolved abduction 
cases affecting military parents; 
(2) a description of the assistance offered to such military 
parents; 
(3) information on the use of airlines in abductions, vol-
untary airline practices to prevent abductions, and rec-
ommendations for best airline practices to prevent abductions;
H. R. 3212—9 
(4) information on actions taken by the Central Authority 
of the United States to train domestic judges in the application 
of the Hague Abduction Convention; and 
(5) 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 center personnel about— 
(A) abductions; 
(B) the risk of loss of contact with children; and 
(C) the legal means available to resolve such cases. 
(e) REPEAL OF THE HAGUE ABDUCTION CONVENTION COMPLI-
ANCE REPORT.—Section 2803 of the Foreign Affairs Reform and 
Restructuring Act of 1998 (42 U.S.C. 11611) is repealed. 
(f) NOTIFICATION TO CONGRESS ON COUNTRIES IN NONCOMPLI-
ANCE.— 
(1) IN GENERAL.—The Secretary of State shall include, in 
a separate section of the Annual Report, the Secretary’s deter-
mination, pursuant to the provisions under section 202(b), of 
whether each country listed in the report has engaged in a 
pattern of noncompliance in cases of child abduction during 
the preceding 12 months. 
(2) CONTENTS.—The section described in paragraph (1)— 
(A) shall identify any action or actions described in 
section 202(d) (or commensurate action as provided in sec-
tion 202(e)) that have been taken by the Secretary with 
respect to each country; 
(B) shall describe the basis for the Secretary’s deter-
mination of the pattern of noncompliance by each country; 
(C) shall indicate whether noneconomic policy options 
designed to resolve the pattern of noncompliance have 
reasonably been exhausted, including the consultations 
required under section 203. 
SEC. 102. STANDARDS AND ASSISTANCE. 
The Secretary of State shall— 
(1) ensure that United States diplomatic and consular mis-
sions abroad— 
(A) maintain a consistent reporting standard with 
respect to abduction and access cases; 
(B) designate at least 1 senior official in each such 
mission, at the discretion of the Chief of Mission, to assist 
left-behind parents from the United States who are visiting 
such country or otherwise seeking to resolve abduction 
or access cases; and 
(C) monitor developments in abduction and access 
cases; and 
(2) develop and implement written strategic plans for 
engagement with any Convention or non-Convention country 
in which there are 5 or more cases of international child abduc-
tion. 
SEC. 103. BILATERAL PROCEDURES, INCLUDING MEMORANDA OF 
UNDERSTANDING. 
(a) DEVELOPMENT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State shall initiate 
a process to develop and enter into appropriate bilateral proce-
dures, including memoranda of understanding, as appropriate,
H. R. 3212—10 
with non-Convention countries that are unlikely to become 
Convention countries in the foreseeable future, or with Conven-
tion countries that have unresolved abduction cases that 
occurred before the Hague Abduction Convention entered into 
force with respect to the United States or that country. 
(2) PRIORITIZATION.—In carrying out paragraph (1), the 
Secretary of State shall give priority to countries with signifi-
cant abduction cases and related issues. 
(b) ELEMENTS.—The bilateral procedures described in sub-
section (a) should include provisions relating to— 
(1) the identification of— 
(A) the Central Authority; 
(B) the judicial or administrative authority that will 
promptly adjudicate abduction and access cases; 
(C) the law enforcement agencies; and 
(D) the implementation of procedures to ensure the 
immediate enforcement of an order issued by the authority 
identified pursuant to subparagraph (B) to return an 
abducted child to a left-behind parent, including by— 
(i) conducting an investigation to ascertain the 
location of the abducted child; 
(ii) providing protection to the abducted child after 
such child is located; and 
(iii) retrieving the abducted child and making the 
appropriate arrangements for such child to be returned 
to the child’s country of habitual residence; 
(2) the implementation of a protocol to effectuate the return 
of an abducted child identified in an abduction case not later 
than 6 weeks after the application 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) the implementation of a protocol for the establishment 
and protection of the rights of interim contact during pendency 
of abduction cases; and 
(4) the implementation of a protocol to establish periodic 
visits between a United States embassy or consular official 
and an abducted child, in order to allow the official to ascertain 
the child’s location and welfare. 
SEC. 104. REPORT TO CONGRESSIONAL REPRESENTATIVES. 
(a) NOTIFICATION.—The Secretary of State shall submit written 
notification to the Member of Congress and Senators, or Resident 
Commissioner or Delegate, as appropriate, representing the legal 
residence of a left-behind parent if such parent— 
(1) reports an abduction to the Central Authority of the 
United States; and 
(2) consents to such notification. 
(b) TIMING.—At the request of any person who is a left-behind 
parent, including a left-behind parent who previously reported an 
abduction to the Central Authority of the United States before 
the date of the enactment of this Act, the notification required 
under subsection (a) shall be provided as soon as is practicable.
H. R. 3212—11 
TITLE II—ACTIONS BY THE SECRETARY 
OF STATE 
SEC. 201. RESPONSE TO INTERNATIONAL CHILD ABDUCTIONS. 
(a) UNITED STATES POLICY.—It is the policy of the United 
States— 
(1) to promote the best interest of children wrongfully 
abducted from the United States by— 
(A) establishing legal rights and procedures for their 
prompt return; and 
(B) ensuring the enforcement of reciprocal inter-
national obligations under the Hague Abduction Conven-
tion or arrangements under bilateral procedures; 
(2) to promote the timely resolution of abduction cases 
through 1 or more of the actions described in section 202; 
and 
(3) to ensure appropriate coordination within the Federal 
Government and between Federal, State, and local agencies 
involved in abduction prevention, investigation, and resolution. 
(b) ACTIONS
BY
THE SECRETARY
OF STATE
IN RESPONSE
TO 
UNRESOLVED CASES.— 
(1) DETERMINATION
OF
ACTION
BY
THE
SECRETARY
OF 
STATE.—For each abduction or access case relating to a child 
whose habitual residence is in the United States that remains 
pending or is otherwise unresolved on the date that is 12 
months after the date on which the Central Authority of the 
United States submits such case to a foreign country, the 
Secretary of State shall determine whether the government 
of such foreign country has failed to take appropriate steps 
to resolve the case. If the Secretary of State determines that 
such failure occurred, the Secretary should, as expeditiously 
as practicable— 
(A) take 1 or more of the actions described in sub-
sections (d) and (e) of section 202; and 
(B) direct the Chief of Mission in that foreign country 
to directly address the resolution of the case with senior 
officials in the foreign government. 
(2) AUTHORITY FOR DELAY OF ACTION BY THE SECRETARY 
OF
STATE.—The Secretary of State may delay any action 
described in paragraph (1) if the Secretary determines that 
an additional period of time, not to exceed 1 year, will substan-
tially assist in resolving the case. 
(3) REPORT.—If the Secretary of State delays any action 
pursuant to paragraph (2) or decides not to take an action 
described in subsection (d) or (e) of section 202 after making 
the determination described in paragraph (1), the Secretary, 
not later than 15 days after such delay or decision, shall provide 
a report to the appropriate congressional committees that 
details the reasons for delaying action or not taking action, 
as appropriate. 
(4) CONGRESSIONAL
BRIEFINGS.—At the request of the 
appropriate congressional committees, the Secretary of State 
shall provide a detailed briefing, including a written report, 
if requested, on actions taken to resolve a case or the cause 
for delay. 
(c) IMPLEMENTATION.—
H. R. 3212—12 
(1) IN GENERAL.—In carrying out subsection (b), the Sec-
retary of State should— 
(A) take 1 or more actions that most appropriately 
respond to the nature and severity of the governmental 
failure to resolve the unresolved abduction case; and 
(B) seek, to the fullest extent possible— 
(i) to initially respond by communicating with the 
Central Authority of the country; and 
(ii) if clause (i) is unsuccessful, to target subse-
quent actions— 
(I) as narrowly as practicable, with respect 
to the agencies or instrumentalities of the foreign 
government that are responsible for such failures; 
and 
(II) in ways that respect the separation of 
powers and independence of the judiciary of the 
country, as applicable. 
(2) GUIDELINES FOR ACTIONS BY THE SECRETARY OF STATE.— 
In addition to the guidelines under paragraph (1), the Secretary 
of State, in determining whether to take 1 or more actions 
under paragraphs (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 RESPONSE TO 
PATTERNS OF NONCOMPLIANCE IN CASES OF INTER-
NATIONAL CHILD ABDUCTIONS. 
(a) RESPONSE TO A PATTERN OF NONCOMPLIANCE.—It is the 
policy of the United States— 
(1) to oppose institutional or other systemic failures of 
foreign governments to fulfill their obligations pursuant to the 
Hague Abduction Convention or bilateral procedures, as 
applicable, to resolve abduction and access cases; 
(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 government offi-
cials to most effectively address patterns of noncompliance. 
(b) DETERMINATION OF COUNTRIES WITH PATTERNS OF NON-
COMPLIANCE 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 access cases 
in each foreign country in order to determine whether 
the government of such country has engaged in a pattern 
of noncompliance during the preceding 12 months; and 
(B) report such determination pursuant to section 
101(f). 
(2) DETERMINATIONS OF RESPONSIBLE PARTIES.—The Sec-
retary 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—
H. R. 3212—13 
(A) to appropriately target actions in response to such 
noncompliance; and 
(B) to engage with senior foreign government officials 
to effectively address such noncompliance. 
(c) ACTIONS BY THE SECRETARY OF STATE WITH RESPECT TO 
A COUNTRY WITH A PATTERN OF NONCOMPLIANCE.— 
(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 country 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 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 necessary— 
(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 noncompliance by such country; 
(B) for a review of corrective action taken by a country 
after the designation of such country as being engaged 
in a pattern of noncompliance 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 paragraph (1) with respect to 
a country determined to have been engaged in a persistent 
pattern of noncompliance if the Secretary— 
(A) has taken action pursuant to paragraph (5), (6), 
or (7) of subsection (d) with respect to such country in 
the preceding year and such action continues to be in 
effect; 
(B) exercises the waiver under section 204 and briefs 
the appropriate congressional committees; or 
(C) submits a report to the appropriate congressional 
committees that— 
(i) indicates that such country is subject to mul-
tiple, broad-based sanctions; and 
(ii) describes how such sanctions satisfy 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.