II 
Calendar No. 450 
113TH CONGRESS 
2D SESSION 
H. R. 3212 
[Report No. 113–204] 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 12 (legislative day, DECEMBER 11), 2013 
Received 
DECEMBER 17, 2013 
Read twice and referred to the Committee on Foreign Relations 
JUNE 26, 2014 
Reported by Mr. MENENDEZ, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
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 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. 
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. 
TITLE I—DEPARTMENT OF 
STATE ACTIONS 
SEC. 101. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than March 31 of each 
year, the Secretary of State shall submit to the appro-
priate congressional committees an Annual Report on 
International Child Abduction. 
(b) CONTENTS.—Each Annual Report shall include 
the following: 
(1) A list of all countries with respect to which 
there were one or more abduction cases during the 
preceding year that identifies whether each such 
country is a Convention country, an MOU country, 
or a nonparty country. 
(2) For each country with respect to which 
there were 5 or more abduction cases during the 
preceding year: 
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(A) The number of abduction cases and 
the number of access cases, respectively, re-
ported during the preceding year. 
(B) The number of abduction cases and 
the number of access cases, respectively, that 
are pending as of March 1 of the year in which 
such Annual Report is submitted. 
(C)(i) For Convention and MOU countries, 
the number of abduction cases and the number 
of access cases, respectively, that were pending 
at any point for more than 180 days after the 
date on which the Central Authority of the 
United States transmitted the complete applica-
tion for each such case to the Central Authority 
of such country, and were not submitted by the 
Central Authority to the judicial or administra-
tive authority, as applicable, of such country 
within the 180-day period. 
(ii) The reason for the delay in submission 
of each case identified in clause (i) by the Cen-
tral Authority of such country to the judicial or 
administrative authority. 
(D) The number of unresolved abduction 
cases, and the length of time each case has 
been pending. 
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(E) The number of unresolved abduction 
cases in which a completed application has been 
filed and law enforcement has failed to locate 
the abducted child or to enforce a return order 
rendered by the judicial or administrative au-
thorities of such country. 
(F) The median time required for resolu-
tion of abduction cases during the preceding 
year, to be measured from the date on which 
the application with respect to the abduction 
case is transmitted by the Central Authority of 
the United States to the Central Authority of 
such country to the date on which the abduc-
tion case is resolved. 
(G) The total number and the percentage 
of the total number of abduction cases and ac-
cess cases, respectively, resolved during the pre-
ceding year. 
(H) Detailed information about each unre-
solved abduction case described in subpara-
graph (E) and on actions taken by the Depart-
ment of State to resolve such case, including 
the specific actions taken by the United States 
chief of mission in such country. 
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(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. 
(7) A description of the efforts of the Secretary 
of State to encourage Convention countries and 
MOU countries to facilitate the work of nongovern-
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mental organizations within their respective coun-
tries that assist left-behind parents. 
(8) The number of cases which were success-
fully resolved without abducted children being re-
turned to the United States from Convention coun-
tries, MOU countries, and nonparty countries, re-
spectively. 
(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-
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tions, and recommendations for best airline practices 
to prevent abductions; 
(3) information on actions taken by the Central 
Authority of the United States to train domestic 
judges in application of the Hague Abduction Con-
vention; and 
(4) information on actions taken by the Central 
Authority of the United States to train United 
States Armed Forces legal assistance personnel, 
military chaplains, and military family support cen-
ter personnel about abductions, the risk of loss of 
access to children, and the legal frameworks avail-
able to resolve such cases. 
(e) REPEAL OF THE HAGUE CONVENTION COMPLI-
ANCE REPORT.—Section 2803 of the Foreign Affairs Re-
form and Restructuring Act of 1998 (42 U.S.C. 11611) 
is repealed. 
SEC. 102. STANDARDS AND ASSISTANCE. 
The Secretary of State shall ensure that United 
States diplomatic and consular missions abroad— 
(1) maintain a consistent reporting standard 
with respect to abduction cases and access cases in-
volving abducted children in the country in which 
such mission is located for purposes of the Annual 
Report; 
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(2) designate at least one official in each such 
mission to assist left-behind parents from the United 
States who are visiting such country to resolve cases 
involving an abduction or rights of access; and 
(3) monitor developments in cases involving ab-
ducted children in the country in which such mission 
is located. 
SEC. 103. MEMORANDUM OF UNDERSTANDING. 
(a) IN GENERAL.—The Secretary of State should 
seek to enter into an MOU with every country that is not 
a Convention country and is unlikely to become a Conven-
tion country in the forseeable future, that includes— 
(1) identification of the Central Authority; 
(2) a protocol to identify, locate, and effectuate 
the return of an abducted child identified in an ab-
duction case not later than 6 weeks after the appli-
cation with respect to the abduction case has been 
submitted to the judicial or administrative authority, 
as applicable, of the country in which the abducted 
child is located; 
(3) a protocol for the establishment and protec-
tion of the rights of access; 
(4) identification of the judicial or administra-
tive authority that will promptly adjudicate abduc-
tion cases and access cases; 
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(5) identification of a law enforcement agency 
and available law enforcement mechanisms and pro-
cedures to ensure the immediate enforcement of an 
order issued by the authority identified pursuant to 
paragraph (4) to return an abducted child to a left- 
behind parent, including by— 
(A) conducting an investigation to ascer-
tain the location of the abducted child; 
(B) providing protection to the abducted 
child after such child is located; and 
(C) retrieving the abducted child and mak-
ing the appropriate arrangements for such child 
to be returned to the country of habitual resi-
dence; 
(6) a protocol to establish periodic visits be-
tween a United States embassy or consular official 
and an abducted child to allow the official to ascer-
tain the child’s location and welfare; and 
(7) such other provisions as determined to be 
appropriate by the Secretary of State. 
(b) RULE OF CONSTRUCTION.— 
(1) IN GENERAL.—Nothing in this Act shall be 
construed to prohibit the United States from pro-
posing and entering into a memorandum of under-
standing with a Convention country to further clar-
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ify the reciprocal obligations of the United States 
and the Convention country under the Hague Ab-
duction Convention. 
(2) TREATMENT OF OBLIGATIONS OF CONVEN-
TION COUNTRY.—In those instances in which there 
is a memorandum of understanding as described in 
paragraph (1), the obligations of the Convention 
country under such memorandum shall be consid-
ered to be obligations of such country under the 
Hague Abduction Convention for purposes of this 
Act. 
SEC. 104. NOTIFICATION OF CONGRESSIONAL REPRESENT-
ATIVES. 
(a) NOTIFICATION.—Except as provided in sub-
section (b), the Secretary of State shall notify in writing 
the Member of Congress and Senators representing the 
legal residence of a left-behind parent when such parent 
reports an abduction to the Central Authority of the 
United States. 
(b) EXCEPTION.—The notification requirement under 
subsection (a) shall not apply if the left-behind parent 
does not consent to the notification described in such sub-
section. 
(c) TIMING.—At the request of any person who is a 
left-behind parent, including a left-behind parent who pre-
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viously reported an abduction to the Central Authority of 
the United States before the date of the enactment of this 
Act, notification of a Member of Congress, in accordance 
with subsections (a) and (b), shall be provided as soon 
as is practicable. 
(d) MEMBER OF CONGRESS DEFINED.—In this sec-
tion, the term ‘‘Member of Congress’’ means a Represent-
ative in, or Delegate or Resident Commissioner to, the 
Congress. 
TITLE II—PRESIDENTIAL 
ACTIONS 
SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO UNRE-
SOLVED CASES. 
(a) RESPONSE TO INTERNATIONAL CHILD ABDUC-
TIONS.— 
(1) UNITED STATES POLICY.—It shall be the 
policy of the United States to— 
(A) promote the best interest of children 
abducted from the United States by estab-
lishing legal rights and procedures for their 
prompt return and by promoting such rights 
and procedures through actions that ensure the 
enforcement of reciprocal international obliga-
tions; and 
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(B) recognize the international character 
of the Hague Abduction Convention, and the 
need for reciprocity pursuant to and the uni-
form international interpretation of the Hague 
Abduction Convention, by promoting the timely 
resolution of abduction cases through one or 
more of the actions described in section 205. 
(2)
REQUIREMENT
OF
PRESIDENTIAL
AC-
TION.—Whenever the President determines that the 
government of a foreign country has failed to resolve 
an unresolved abduction case, the President shall op-
pose such failure through one or more of the actions 
described in subsection (b). 
(b) PRESIDENTIAL ACTIONS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the President, in consultation with the Sec-
retary of State, shall, as expeditiously as practicable 
in response to the failure described in subsection (a) 
by the government of a foreign country, take one or 
more of the actions described in paragraphs (1) 
through (13) of section 205(a) (or commensurate ac-
tion as provided in section 205(b)) with respect to 
such country. 
(2) DEADLINE FOR ACTIONS.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than March 31 of 
each year, the President shall take one or more 
of the actions described in paragraphs (1) 
through (13) of section 205(a) (or commensu-
rate action as provided in section 205(b)) with 
respect to each foreign country the government 
of which has failed to resolve an unresolved ab-
duction case that is pending as of such date. 
(B) EXCEPTION.—In the case of an action 
under any of paragraphs (10) through (13) of 
section 205(a) (or commensurate action as pro-
vided in section 205(b))— 
(i) the action may only be taken after 
the requirements of sections 203 and 204 
have been satisfied; and 
(ii) the March 31 deadline to take the 
action shall not apply. 
(3) AUTHORITY FOR DELAY OF PRESIDENTIAL 
ACTIONS.—The
President
may
delay
action
de-
scribed in any of the paragraphs (10) through (13) 
of section 205(a) (or commensurate action as pro-
vided in section 205(b)), as required under para-
graph (2), if the President determines and certifies 
to the appropriate congressional committees that an 
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additional, specified period of time is necessary for 
a continuation of negotiations that have been com-
menced with the country to resolve the unresolved 
case. 
(c) IMPLEMENTATION.— 
(1) IN GENERAL.—In carrying out subsection 
(b), the President shall— 
(A) take one or more actions that most ap-
propriately respond to the nature and severity 
of the failure to resolve the unresolved abduc-
tion cases; and 
(B) seek to the fullest extent possible to 
target action as narrowly as practicable with re-
spect to the agencies or instrumentalities of the 
foreign government that are responsible for 
such failures, in ways that respect the separa-
tion of powers and independence of the judici-
ary in foreign countries. 
(2)
GUIDELINES
FOR
PRESIDENTIAL
AC-
TIONS.—In addition to the guidelines under para-
graph (1), the President, in determining whether to 
take one or more actions under paragraphs (10) 
through (13) of section 205(a) (or commensurate ac-
tion as provided in section 205(b)), shall seek to 
minimize any adverse impact on— 
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(A) the population of the country whose 
government is targeted by the action or actions; 
and 
(B) the humanitarian activities of United 
States and foreign nongovernmental organiza-
tions in the country. 
SEC. 202. PRESIDENTIAL ACTIONS IN RESPONSE TO PAT-
TERNS OF NONCOOPERATION IN CASES OF 
INTERNATIONAL CHILD ABDUCTIONS. 
(a) RESPONSE
TO
A PATTERN
OF NONCOOPERA-
TION.— 
(1) UNITED STATES POLICY.—It shall be the 
policy of the United States to— 
(A) oppose institutional or other systemic 
failures of foreign governments to fulfill their 
obligations pursuant to the Hague Abduction 
Convention or MOU, as applicable, to resolve 
abduction cases and access cases; and 
(B) promote reciprocity pursuant to and 
compliance with the Hague Abduction Conven-
tion by Convention countries and compliance 
with the applicable MOU by MOU countries. 
(2)
REQUIREMENT
OF
PRESIDENTIAL
AC-
TION.—Whenever the President determines that the 
government of a foreign country has engaged in a 
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pattern of noncooperation, the President shall pro-
mote the resolution of the unresolved abduction 
cases through one or more of the actions described 
in subsection (c). 
(b) DESIGNATIONS OF COUNTRIES WITH PATTERNS 
OF NONCOOPERATION
IN CASES
OF INTERNATIONAL 
CHILD ABDUCTION.— 
(1) ANNUAL REVIEW.— 
(A) IN GENERAL.—Not later than March 
31 of each year, the President shall review the 
status of abduction cases and access cases in 
each foreign country to determine whether the 
government of such country has engaged in a 
pattern of noncooperation during the preceding 
12 months or since the date of the last review 
of
such
country
under
this
subparagraph, 
whichever period is longer. The President shall 
designate each country the government of which 
has engaged in a pattern of noncooperation as 
a Country With a Pattern of Noncooperation. 
(B) BASIS OF REVIEW.—Each review con-
ducted under subparagraph (A) shall be based 
upon information contained in the latest Annual 
Report and on any other evidence available. 
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(2) DETERMINATIONS
OF
RESPONSIBLE
PAR-
TIES.—For the government of each country des-
ignated as a Country With a Pattern of Noncoopera-
tion under paragraph (1)(A), the President shall 
seek to determine the agencies or instrumentalities 
of such government that are responsible for the pat-
tern of noncooperation by such government in order 
to appropriately target actions under this section in 
response. 
(3) CONGRESSIONAL NOTIFICATION.—Whenever 
the President designates a country as a Country 
With a Pattern of Noncooperation under paragraph 
(1)(A), the President shall, as soon as practicable 
after such designation is made, transmit to the ap-
propriate congressional committees— 
(A) the designation of the country, signed 
by the President; and 
(B) the identification, if any, of responsible 
agencies or instrumentalities determined under 
paragraph (2). 
(c) PRESIDENTIAL ACTIONS WITH RESPECT TO A 
COUNTRY WITH A PATTERN OF NONCOOPERATION.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3) with respect to each Country With a Pattern 
of
Noncooperation
designated
under
subsection 
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(b)(1)(A), the President shall, after the require-
ments of sections 203 and 204 have been satisfied, 
but not later than 90 days (or 180 days in case of 
a delay under paragraph (2)) after the date of such 
designation of the country under such subsection, 
take one or more of the actions under paragraphs 
(10) through (13) of section 205(a) (or commensu-
rate action as provided in section 205(b)). 
(2) AUTHORITY FOR DELAY OF PRESIDENTIAL 
ACTIONS.—If, on or before the date that the Presi-
dent is required to take action under paragraph (1), 
the President determines and certifies to the appro-
priate congressional committees that a single, addi-
tional period of time not to exceed 90 days is nec-
essary— 
(A) for a continuation of negotiations that 
have been commenced with the government of a 
country described in such paragraph to bring 
about a cessation of the pattern of noncoopera-
tion by such country, or 
(B) for a review of corrective action taken 
by such country after designation of such coun-
try as a Country With a Pattern of Non-
cooperation under subsection (b)(1)(A) or in 
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anticipation that corrective action will be taken 
by such country during such 90-day period, 
the President shall not be required to take such ac-
tion until the expiration of such period of time. 
(3) EXCEPTION
FOR
ONGOING
PRESIDENTIAL 
ACTION.— 
(A) IN GENERAL.—The President shall not 
be required to take action under paragraph (1) 
with respect to a Country With a Pattern of 
Noncooperation if— 
(i) the President has taken action 
pursuant to paragraph (1) with respect to 
such country in a preceding year, such ac-
tion is in effect at the time such country 
is designated as a Country with a Pattern 
of
Noncooperation
under
subsection 
(b)(1)(A), and the President submits to 
the appropriate congressional committees 
the information described in section 204 
regarding the actions in effect with respect 
to such country; or 
(ii) subject to subparagraph (B), the 
President determines that such country is 
subject to multiple, broad-based sanctions 
imposed in significant part in response to 
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human rights abuses and that such sanc-
tions also satisfy the requirements of this 
subsection. 
(B) ADDITIONAL REQUIREMENTS.—If the 
President makes a determination under sub-
paragraph (A)(ii)— 
(i) the report under section 204 and, 
as applicable, the publication in the Fed-
eral
Register
under
section
208,
shall 
specify the specific sanction or sanctions 
that the President has determined satisfy 
the requirements of this subsection; and 
(ii) such sanctions shall remain in ef-
fect subject to section 209. 
(d)
RULE
OF
CONSTRUCTION.—A
determination 
under this section that a foreign country has engaged in 
a pattern of noncooperation shall not be construed to re-
quire the termination of assistance or other activities with 
respect to such country under any other provision of law, 
including section 116 or 502B of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151(n) or 2304). 
SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS. 
As soon as practicable after the President makes a 
determination under section 201 in response to failures 
to resolve unresolved abduction cases and the President 
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decides to take action under paragraphs (10) through (13) 
of section 205(a) (or commensurate action as provided in 
section 205(b)) with respect to that country, or not later 
than 90 days after the President designates a country as 
a country with a pattern of noncooperation pursuant to 
section 202(b)(1)(a), the President shall— 
(1) request consultation with the government of 
such country regarding the failures giving rise to 
designation of that country as a Country With a 
Pattern of Noncooperation regarding the pattern of 
noncooperation or to action under section 201; and 
(2) if agreed to, enter into such consultations 
with such country, privately or publicly. 
SEC. 204. REPORT TO CONGRESS. 
(a) IN GENERAL.—Subject to subsection (b), not 
later than 90 days after the President makes a determina-
tion under section 201 in response to failures to resolve 
unresolved abduction cases and the President decides to 
take action under paragraphs (10) through (13) of section 
205(a) (or commensurate action as provided in section 
205(b)) with respect to that country, or not later than 
90 days after the President designates a country as a 
Country With a Pattern of Noncooperation pursuant to 
section 202(b)(1)(A), the President shall transmit to the 
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appropriate congressional committees a report on the fol-
lowing: 
(1)
IDENTIFICATION
OF
PRESIDENTIAL
AC-
TIONS.—An identification of the action or actions 
described in section 205(a) (or commensurate action 
as provided in section 205(b)) to be taken with re-
spect to such country. 
(2) DESCRIPTION OF VIOLATIONS.—A descrip-
tion of the failure to resolve an unresolved case or 
the pattern of noncooperation, as applicable, giving 
rise to the action or actions to be taken by the 
President. 
(3) PURPOSE OF PRESIDENTIAL ACTIONS.—A 
description of the purpose of the action or actions. 
(4) EVALUATION.— 
(A) DESCRIPTION.—An evaluation, in con-
sultation with the Secretary of State, the par-
ties described in section 203(b), and other par-
ties the President determines appropriate, of 
the anticipated impact of the Presidential ac-
tion upon— 
(i) pending abduction cases in such 
country; 
(ii) the government of such country; 
(iii) the population of such country; 
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(iv) the United States economy; 
(v) other interested parties; and 
(vi) if such country is a Convention 
country or an MOU country, the reciprocal 
fulfillment of obligations pursuant to such 
Convention or applicable MOU, as applica-
ble. 
(B) FORM.—The evaluation under sub-
paragraph (A) shall be transmitted in unclassi-
fied form, but may contain a classified annex if 
necessary. 
(5) STATEMENT OF POLICY OPTIONS.—A state-
ment that noneconomic policy options designed to 
resolve the unresolved case or bring about the ces-
sation of the pattern of noncooperation have reason-
ably been exhausted, including the consultations re-
quired in section 203. 
(b) DELAY IN TRANSMITTAL OF REPORT.—If, on or 
before the date that the President is required to submit 
a report under subsection (a) to the appropriate congres-
sional committees, the President determines and certifies 
to such committees that a single, additional period of time 
not to exceed 90 days is necessary pursuant to section 
202(c)(2), the President shall not be required to submit 
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the report to such committees until the expiration of such 
period of time. 
SEC. 205. PRESIDENTIAL ACTIONS. 
(a) DESCRIPTION OF PRESIDENTIAL ACTIONS.—Ex-
cept as provided in subsection (c), the Presidential actions 
referred to in this subsection are the following: 
(1) A private demarche. 
(2) An official public demarche. 
(3) A public condemnation. 
(4) A public condemnation within one or more 
multilateral fora. 
(5) The delay or cancellation of one or more 
scientific exchanges. 
(6) The delay or cancellation of one or more 
cultural exchanges. 
(7) The denial of one or more working, official, 
or state visits. 
(8) The delay or cancellation of one or more 
working, official, or state visits. 
(9) A formal request to the foreign country con-
cerned to extradite an individual who is engaged in 
abduction and who has been formally accused of, 
charged with, or convicted of an extraditable offense. 
(10) The withdrawal, limitation, or suspension 
of United States development assistance in accord-
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ance with section 116 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151n). 
(11) The withdrawal, limitation, or suspension 
of United States security assistance in accordance 
with section 502B of the Foreign Assistance Act of 
1961 (22 U.S.C. 2304). 
(12) The withdrawal, limitation, or suspension 
of assistance to the central government of a country 
pursuant to chapter 4 of part II of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2346 et seq.; relat-
ing to the Economic Support Fund). 
(13) Ordering the heads of the appropriate 
United States agencies not to issue any (or a speci-
fied number of) specific licenses, and not to grant 
any other specific authority (or a specified number 
of authorities), to export any goods or technology to 
such government or to the agency or instrumentality 
of such government determined by the President to 
be responsible for such unresolved case or pattern of 
noncooperation, as applicable, under— 
(A) the Export Administration Act of 1979 
(as continued in effect under the International 
Emergency Economic Powers Act); 
(B) the Arms Export Control Act; 
(C) the Atomic Energy Act of 1954; or 
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(D) any other statute that requires the 
prior review and approval of the United States 
Government as a condition for the export or re- 
export of goods or services. 
(b) COMMENSURATE ACTION.—Except as provided in 
subsection (c), the President may substitute any other ac-
tion authorized by law for any action described in sub-
section (a) if such action is commensurate in effect to the 
action substituted and if such action would further the 
purposes of this Act as specified in section 2(c). The Presi-
dent shall seek to take all appropriate and feasible actions 
authorized by law to resolve the unresolved case or to ob-
tain the cessation of such pattern of noncooperation, as 
applicable. If commensurate action is taken under this 
subsection, the President shall transmit to the appropriate 
congressional committees a report on such action, together 
with an explanation for taking such action. 
(c) EXCEPTIONS.— 
(1) HUMANITARIAN
EXCEPTION.—Any action 
taken pursuant to subsection (a) or (b) may not pro-
hibit or restrict the provision of medicine, medical 
equipment or supplies, food, or other life-saving hu-
manitarian assistance. 
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(2) DEFENSE AND NATIONAL SECURITY EXCEP-
TION.—The President shall not be required to apply 
or maintain any action under section 205— 
(A) in the case of procurement of defense 
articles or defense services— 
(i) under existing contracts or sub-
contracts, including the exercise of options 
for production quantities, to satisfy re-
quirements essential to the national secu-
rity of the United States; 
(ii) if the President determines in 
writing and transmits to the appropriate 
congressional committees a report that the 
government or the agency or instrumen-
tality of such government to which such 
action would otherwise be applied is a sole 
source supplier of such defense articles or 
services, that such defense articles or serv-
ices are essential, and that alternative 
sources are not readily or reasonably avail-
able; or 
(iii) if the President determines in 
writing and transmits to the appropriate 
congressional
committees
a
report
that 
such defense articles or services are essen-
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tial to the national security of the United 
States under defense co-production agree-
ments; or 
(B) to products or services provided under 
contracts entered into before the date on which 
the President publishes in the Federal Register 
notice of such action in accordance with section 
208. 
SEC. 206. PRESIDENTIAL WAIVER. 
(a) IN GENERAL.—Subject to subsection (b), the 
President may waive the application of any of the actions 
described in paragraphs (10) through (13) of section 
205(a) (or commensurate action as provided in section 
205(b)) with respect to a country, if the President deter-
mines and so reports to the appropriate congressional 
committees that— 
(1) the government of such country has satis-
factorily resolved any abduction case giving rise to 
the application of any of such actions and— 
(A) if such country is a Convention coun-
try, such country has taken measures to ensure 
future compliance with the provisions of the 
Hague Abduction Convention; 
(B) if such country is an MOU country, 
such country has taken measures to ensure fu-
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ture compliance with the provisions of the MOU 
at issue; or 
(C) if such country was a nonparty country 
at the time the abductions or denials of rights 
of access resulting in the abduction cases or ac-
cess cases occurred, such country has become a 
Convention country or an MOU country; 
(2) the exercise of such waiver authority would 
further the purposes of this Act; or 
(3)
the
important
national
interest
of
the 
United States requires the exercise of such waiver 
authority. 
(b) CONGRESSIONAL NOTIFICATION.—Not later than 
the date of the exercise of a waiver under subsection (a), 
the President shall notify the appropriate congressional 
committees of such waiver or the intention to exercise such 
waiver, together with a detailed justification thereof. 
SEC. 207. PUBLICATION IN FEDERAL REGISTER. 
(a) IN GENERAL.—Subject to subsection (b), the 
President shall ensure publication in the Federal Register 
of the following: 
(1)
DETERMINATIONS
OF
GOVERNMENTS, 
AGENCIES,
INSTRUMENTALITIES
OF
COUNTRIES 
WITH PATTERNS OF NONCOOPERATION.—Any des-
ignation of a country that the President has des-
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ignated as a Country With a Pattern of Noncoopera-
tion under section 202(b)(1)(A), together with, when 
applicable and to the extent practicable, the identi-
ties of agencies or instrumentalities determined to be 
responsible for such pattern of noncooperation. 
(2) PRESIDENTIAL ACTIONS.—A description of 
any action under paragraphs (10) through (13) of 
section 205(a) (or commensurate action as provided 
in section 205(b)) and the effective date of such ac-
tion. 
(3)
DELAYS
IN
TRANSMITTAL
OF
PRESI-
DENTIAL
ACTION
REPORTS.—Any delay in trans-
mittal of a report required under section 204. 
(4) WAIVERS.—Any waiver issued under section 
206. 
(b) LIMITED DISCLOSURE OF INFORMATION.—The 
President may limit publication of information under this 
section in the same manner and to the same extent as 
the President may limit the publication of findings and 
determinations described in section 654(c) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2414(c)), if the Presi-
dent determines that the publication of such informa-
tion— 
(1) would be harmful to the national security of 
the United States; or 
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(2) would not further the purposes of this Act. 
SEC. 208. TERMINATION OF PRESIDENTIAL ACTIONS. 
Any action taken under this Act or any amendment 
made by this Act with respect to a foreign country shall 
terminate on the earlier of the following two dates: 
(1) Not later than two years after the effective 
date of such action unless expressly reauthorized by 
law. 
(2) The date on which the President transmits 
to Congress a certification containing a determina-
tion of the President that the government of such 
country has resolved any unresolved abduction case 
or has taken substantial and verifiable steps to cor-
rect the pattern of noncooperation at issue, as appli-
cable, that gave rise to such action. 
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. 
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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 ab-
duction. 
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 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 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 re-
turn to the United States of children who have been 
wrongfully abducted by a parent or other legal guard-
ian to another country. 
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(3) For a variety of reasons reflecting the signifi-
cant 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 Au-
thority 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 Convention, ‘‘to protect children 
internationally from the harmful effects of their 
wrongful removal or retention and to establish proce-
dures to ensure their prompt return to the State of 
their habitual residence, as well as to secure protec-
tion 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 
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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 en-
sure the swift enforcement of orders rendered pursu-
ant 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 res-
olution of abduction cases. 
(9) According to the Department of State’s April 
2010 Report on Compliance with the Hague Conven-
tion on the Civil Aspects of International Child Ab-
duction, ‘‘parental child abduction jeopardizes the 
child and has substantial long-term consequences for 
both the child and the left-behind parent.’’ 
(10) Few left-behind parents have the extraor-
dinary financial 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 
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(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 com-
plications 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, criminal justice, and judicial 
tools at its disposal to prevent international abduc-
tions. 
(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 coordination among Federal, State, 
local, and international stakeholders are critical in 
preventing such abductions. 
(15) A more robust application of domestic tools, 
in cooperation with international law enforcement en-
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tities and appropriate application of the Hague Ab-
duction Convention could— 
(A) discourage some parents from attempt-
ing abductions; 
(B) block attempted abductions at ports of 
exit; and 
(C) help achieve the return of more ab-
ducted 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 resolv-
ing cases and maintaining safe and predictable con-
tact with their child while an abduction case is pend-
ing; 
(3) to protect the custodial rights of parents, in-
cluding 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; 
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(4) to enhance the prompt resolution of abduc-
tion and access cases; 
(5) to detail an appropriate set of actions to be 
undertaken by the Secretary of State to address per-
sistent problems in the resolution of abduction cases; 
(6) to establish a program to prevent wrongful 
abductions; and 
(7) to increase interagency coordination in pre-
venting international child abduction by convening a 
working group composed 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 inter-
national 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. 
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(3) ABDUCTION
CASE.—The term ‘‘abduction 
case’’ means a case that— 
(A) has been reported to the Central Author-
ity of the United States by a left-behind parent 
for the resolution of an abduction; and 
(B) meets the criteria for an international 
child abduction under the Hague Abduction Con-
vention, 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 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 a bilateral procedures 
country, the formal document required, pursuant 
to the provisions of the applicable arrangement, 
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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 coun-
try, the formal request by the Central Authority 
of the United States to the Central Authority of 
such country requesting the return of an ab-
ducted child or for rights of contact with an ab-
ducted child. 
(7) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ 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 ‘‘bilat-
eral procedures’’ means any procedures established by, 
or pursuant to, a bilateral arrangement, including a 
Memorandum of Understanding 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 bilat-
eral procedures, including Memoranda of Under-
standing, with respect to child abductions. 
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(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 gov-
ernment of the bilateral procedures country with-
in 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 coun-
try, the foreign ministry or other appropriate 
authority of such country. 
(11) CHILD.—The term ‘‘child’’ means an indi-
vidual who has not attained 16 years of age. 
(12) CONVENTION
COUNTRY.—The term ‘‘Con-
vention country’’ means a country for which the 
Hague Abduction Convention has entered into force 
with respect to the United States. 
(13) 
HAGUE
ABDUCTION
CONVENTION.—The 
term ‘‘Hague Abduction Convention’’ means the Con-
vention on the Civil Aspects of International Child 
Abduction, done at The Hague October 25, 1980. 
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(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-be-
hind 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 indi-
vidual. 
(16) NON-CONVENTION
COUNTRY.—The term 
‘‘non-Convention 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 military parent’’ means an individual 
who— 
(A) has custodial rights with respect to a 
child; and 
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(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 imple-
ment 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 fail-
ure 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 unre-
solved abduction cases. 
(ii) The Central Authority regularly 
fails to fulfill its responsibilities pursuant 
to— 
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(I) the Hague Abduction Conven-
tion; or 
(II) any bilateral procedures be-
tween the United States and such 
country. 
(iii) The judicial or administrative 
branch, as applicable, of the national gov-
ernment of a Convention country or a bilat-
eral procedures country fails to regularly 
implement and comply with the provisions 
of the Hague Abduction Convention or bi-
lateral procedures, as applicable. 
(iv) Law enforcement authorities regu-
larly fail to enforce return orders or deter-
minations of rights of access rendered by the 
judicial or administrative authorities of the 
government of the country in abduction 
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 Con-
vention countries— 
(A) by operation of law; 
(B) through a judicial or administrative de-
termination; or 
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(C) through a legally enforceable arrange-
ment 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 resident— 
(A) attributed to an individual or legal cus-
todian; and 
(B) arising— 
(i) by operation of law; or 
(ii) through a judicial or administra-
tive decision; or 
(iii) through a legally enforceable ar-
rangement between the parties. 
(22) RIGHTS OF INTERIM CONTACT.—The term 
‘‘rights of interim contact’’ means the rights of con-
tact between a child and a left-behind parent, which 
has been provided as a provisional measure while an 
abduction case is pending, under the laws of the coun-
try in which the child is located— 
(A) by operation of law; or 
(B) through a judicial or administrative de-
termination; or 
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(C) through a legally enforceable arrange-
ment 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 judi-
cial 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 Convention or other ap-
propriate 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 appli-
cable; 
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(iii) the left-behind parent reaches a 
voluntary arrangement with the other par-
ent; 
(iv) the left-behind parent submits a 
written withdrawal of the application or the 
request for assistance to the Department of 
State; 
(v) the left-behind parent cannot be lo-
cated for 1 year despite the documented ef-
forts of the Department 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 Inter-
national Child Abduction. The Secretary shall post the An-
nual Report to the publicly accessible website of the Depart-
ment 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 cal-
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endar year, relating to a child whose habitual resi-
dence 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 abduction; 
(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 res-
idence 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 ac-
cess cases that were not submitted by the 
Central Authority to the judicial or admin-
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istrative 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 unre-
solved 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; 
(G) recommendations to improve the resolu-
tion of abduction and access cases; and 
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(H) the average time it takes to locate a 
child; 
(3) the number of abducted children whose habit-
ual residence 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 obligations under the Hague Abduction 
Convention or bilateral procedures, as applicable, 
with respect to the resolution of abduction and access 
cases; 
(5) a list of countries demonstrating a pattern of 
noncompliance and a description of the criteria on 
which the determination of a pattern of noncompli-
ance 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 Abduc-
tion Convention; 
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(B) to enter into or implement other bilat-
eral procedures, including memoranda of under-
standing, with the United States; and 
(C) to address pending abduction and access 
cases; 
(7) the number of cases resolved without ab-
ducted children being returned to the United States 
from Convention countries, bilateral procedures coun-
tries, or other non-Convention countries; 
(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 Abduction Convention entered into 
force with respect to the United States. 
(c) EXCEPTIONS.—Unless a left-behind parent pro-
vides 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. 
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(d) ADDITIONAL SECTIONS.—Each Annual Report 
shall also include— 
(1) information on the number of unresolved ab-
duction cases affecting military parents; 
(2) a description of the assistance offered to such 
military parents; 
(3) 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; 
(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 per-
sonnel about— 
(A) abductions; 
(B) the risk of loss of contact with children; 
and 
(C) the legal means available to resolve such 
cases. 
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(e) REPEAL OF THE HAGUE ABDUCTION CONVENTION 
COMPLIANCE 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 
NONCOMPLIANCE.— 
(1) IN GENERAL.—The Secretary of State shall 
include, in a separate section of the Annual Report, 
the Secretary’s determination, pursuant to the provi-
sions under section 202(b), of whether each country 
listed in the report has engaged in a pattern of non-
compliance in cases of child abduction during the pre-
ceding 12 months. 
(2) CONTENTS.—The section described in para-
graph (1)— 
(A) shall identify any action or actions de-
scribed in section 202(d) (or commensurate ac-
tion as provided in section 202(e)) that have 
been taken by the Secretary with respect to each 
country; 
(B) shall describe the basis for the Sec-
retary’s determination of the pattern of non-
compliance by each country; 
(C) shall indicate whether noneconomic pol-
icy options designed to resolve the pattern of 
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noncompliance have reasonably been exhausted, 
including the consultations required under sec-
tion 203. 
SEC. 102. STANDARDS AND ASSISTANCE. 
The Secretary of State shall— 
(1) ensure that United States diplomatic and 
consular missions abroad— 
(A) maintain a consistent reporting stand-
ard 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 abduction. 
SEC. 103. BILATERAL PROCEDURES, INCLUDING MEMO-
RANDA OF UNDERSTANDING. 
(a) DEVELOPMENT.— 
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(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 procedures, including memo-
randa of understanding, as appropriate, with non- 
Convention countries that are unlikely to become Con-
vention countries in the foreseeable future, or with 
Convention countries that have unresolved abduction 
cases that occurred before the Hague Abduction Con-
vention entered into force with respect to the United 
States or that country. 
(2) PRIORITIZATION.—In carrying out para-
graph (1), the Secretary of State shall give priority 
to countries with significant abduction cases and re-
lated issues. 
(b) ELEMENTS.—The bilateral procedures described in 
subsection (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 ac-
cess cases; 
(C) the law enforcement agencies; and 
(D) the implementation of procedures to en-
sure the immediate enforcement of an order 
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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 as-
certain the location of the abducted child; 
(ii) providing protection to the ab-
ducted 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 coun-
try of habitual residence; 
(2) the implementation of a protocol to effectuate 
the return of an abducted child identified in an ab-
duction case not later than 6 weeks after the applica-
tion with respect to the abduction case has been sub-
mitted 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 es-
tablishment 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 
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allow the official to ascertain the child’s location and 
welfare. 
SEC. 104. REPORT TO CONGRESSIONAL REPRESENTATIVES. 
(a) NOTIFICATION.—The Secretary of State shall sub-
mit written notification to the Member of Congress and 
Senators, or Resident Commissioner or Delegate, as appro-
priate, representing the legal residence of a left-behind par-
ent if such parent— 
(1) reports an abduction to the Central Author-
ity 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 pre-
viously 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. 
TITLE II—ACTIONS BY THE 
SECRETARY OF STATE 
SEC. 201. RESPONSE TO INTERNATIONAL CHILD ABDUC-
TIONS. 
(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— 
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(A) establishing legal rights and procedures 
for their prompt return; and 
(B) ensuring the enforcement of reciprocal 
international obligations under the Hague Ab-
duction Convention or arrangements under bilat-
eral 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 RE-
SPONSE TO UNRESOLVED CASES.— 
(1) DETERMINATION OF ACTION BY THE SEC-
RETARY
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 other-
wise 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 Sec-
retary of State shall determine whether the govern-
ment of such foreign country has failed to take appro-
priate steps to resolve the case. If the Secretary of 
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State determines that such failure occurred, the Sec-
retary should, as expeditiously as practicable— 
(A) take 1 or more of the actions described 
in subsections (d) and (e) of section 202; and 
(B) direct the Chief of Mission in that for-
eign country to directly address the resolution of 
the case with senior officials in the foreign gov-
ernment. 
(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 substantially 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 re-
port 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 Sec-
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retary of State shall provide a detailed briefing, in-
cluding a written report, if requested, on actions 
taken to resolve a case or the cause for delay. 
(c) IMPLEMENTATION.— 
(1) IN
GENERAL.—In carrying out subsection 
(b), the Secretary of State should— 
(A) take 1 or more actions that most appro-
priately respond to the nature and severity of the 
governmental failure to resolve the unresolved ab-
duction case; and 
(B) seek, to the fullest extent possible— 
(i) to initially respond by commu-
nicating with the Central Authority of the 
country; and 
(ii) if clause (i) is unsuccessful, to tar-
get subsequent actions— 
(I) as narrowly as practicable, 
with respect to the agencies or instru-
mentalities of the foreign government 
that are responsible for such failures; 
and 
(II) in ways that respect the sepa-
ration of powers and independence of 
the judiciary of the country, as appli-
cable. 
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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-
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strict the provision of medicine, medical equipment or sup-
plies, food, or other life-saving humanitarian assistance. 
SEC. 203. CONSULTATIONS WITH FOREIGN GOVERNMENTS. 
As soon as practicable after the Secretary of State 
makes a determination under section 201 in response to a 
failure to resolve unresolved abduction cases or the Sec-
retary takes an action under subsection (d) or (e) of section 
202, based on a pattern of noncompliance, the Secretary 
shall request consultations with the government of such 
country regarding the situation giving rise to such deter-
mination. 
SEC. 204. WAIVER BY THE SECRETARY OF STATE. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary of State may waive the application of any of the 
actions described in subsections (d) and (e) of section 202 
with respect to a country if the Secretary determines and 
notifies the appropriate congressional committees that— 
(1) the government of such country— 
(A) has satisfactorily resolved the abduction 
cases giving rise to the application of any of 
such actions; or 
(B) has ended such country’s pattern of 
noncompliance; or 
(2) the national security interest of the United 
States requires the exercise of such waiver authority. 
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(b) CONGRESSIONAL NOTIFICATION.—Not later than 
the date on which the Secretary of State exercises the waiver 
authority under subsection (a), the Secretary shall— 
(1) notify the appropriate congressional commit-
tees of such waiver; and 
(2) provide such committees with a detailed jus-
tification for such waiver, including an explanation 
of the steps the noncompliant government has taken— 
(A) to resolve abductions cases; or 
(B) to end its pattern of noncompliance. 
(c) PUBLICATION IN FEDERAL REGISTER.—Subject to 
subsection (d), the Secretary of State shall ensure that each 
waiver determination under this section— 
(1) is published in the Federal Register; or 
(2) is posted on the Department of State website. 
(d) LIMITED DISCLOSURE
OF INFORMATION.—The 
Secretary of State may limit the publication of information 
under subsection (c) in the same manner and to the same 
extent as the President may limit the publication of find-
ings and determinations described in section 654(c) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2414(c)), if the 
Secretary determines that the publication of such informa-
tion would be harmful to the national security of the United 
States and would not further the purposes of this Act. 
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SEC. 205. TERMINATION OF ACTIONS BY THE SECRETARY 
OF STATE. 
Any specific action taken under this Act or any 
amendment made by this Act with respect to a foreign coun-
try shall terminate on the date on which the Secretary of 
State submits a written certification to Congress that the 
government of such country— 
(1) has resolved any unresolved abduction case 
that gave rise to such specific action; or 
(2) has taken substantial and verifiable steps to 
correct such country’s persistent pattern of non-
compliance that gave rise to such specific action, as 
applicable. 
TITLE 
III—PREVENTION 
OF 
INTERNATIONAL 
CHILD 
AB-
DUCTION 
SEC. 301. PREVENTING CHILDREN FROM LEAVING THE 
UNITED STATES IN VIOLATION OF A COURT 
ORDER. 
(a) IN GENERAL.—Subtitle C of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 231 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 433. PREVENTION OF INTERNATIONAL CHILD ABDUC-
TION. 
‘‘(a) 
PROGRAM
ESTABLISHED.—The 
Secretary, 
through the Commissioner of U.S. Customs and Border Pro-
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