I 
112TH CONGRESS 
1ST SESSION H. R. 1940 
To ensure compliance with the 1980 Hague Convention on the Civil Aspects 
of International Child Abduction by countries with which the United 
States enjoys reciprocal obligations, to establish procedures for the 
prompt return of children abducted to other countries, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2011 
Mr. SMITH of New Jersey (for himself and Mr. WOLF) introduced the fol-
lowing bill; which was referred to the Committee on Foreign Affairs, and 
in addition to the Committees on Ways and Means, Financial Services, 
the Judiciary, and Oversight and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To ensure compliance with the 1980 Hague Convention on 
the Civil Aspects of International Child Abduction by 
countries with which the United States enjoys reciprocal 
obligations, to establish procedures for the prompt return 
of children abducted to other countries, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘International Child 
Abduction Prevention and Return Act of 2011’’. 
SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Department of State’s Office of Chil-
dren’s Issues, which serves as the Central Authority 
for the United States for the operation of 1980 
Hague Convention on the Civil Aspects of Inter-
national Child Abduction, is currently handling ap-
proximately 1,793 open cases involving more than 
2,488 children abducted by a parent or legal guard-
ian from the United States to other countries. For 
a variety of reasons reflecting the legal and factual 
complexity of parental abduction cases and the sig-
nificant obstacles to recovery, only a percentage of 
all cases are reported to the Department of State. 
(2) In fiscal year 2010, the Central Authority 
for the United States responded to cases involving 
696 children abducted from the United States to 
countries with which the United States enjoys recip-
rocal obligations under the Hague Convention, but 
during that same time period only 360 children were 
returned from Hague Convention countries to the 
United States. 
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(3) The number of outgoing international child 
abductions reported to the Central Authority for the 
United States increased by about 60 percent since 
2006. 
(4) In evaluating the obstacles to recovering 
children abducted from a parent in the United 
States, the first difficulty is presented by countries 
who are signatories to the Hague Convention, but 
have not acted in compliance with the responsibil-
ities of the Convention. According to the Central Au-
thority for the United States, St. Kitts and Nevis 
has not acted in compliance with the terms it agreed 
to as a party to the Hague Convention, and Ber-
muda, Brazil, Bulgaria, Burkina Faso, Mexico, Hon-
duras, and the Bahamas have demonstrated patterns 
of noncompliance. The failure of these countries to 
meet their obligations is found in 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 Convention, or the ability and willingness of 
law enforcement to insure the swift enforcement of 
orders rendered pursuant to the Hague Convention. 
Argentina, Australia, Austria, Costa Rica, France, 
Germany, Honduras, Hungary, Israel, Mexico, Ro-
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mania, South Africa, Spain, Switzerland, and Tur-
key all failed to enforce return and access orders in 
2010. 
(5) The United States and other State Signato-
ries to the Hague Convention have expressed their 
desire, through the Convention, ‘‘to protect children 
internationally from the harmful effects of their 
wrongful removal or retention and to establish pro-
cedures to ensure their prompt return to the State 
of their habitual residence, as well as to secure pro-
tection for rights of access.’’. 
(6) In evaluating and assessing the problem of 
the abduction of children from the United States, 
the Central Authority for the United States in fiscal 
year 2010 reported that it had been provided notice 
of 384 cases of parental abductions involving 523 
children taken from the United States to countries 
with which the United States does not enjoy an 
agreement related to the treatment of parental ab-
duction cases and that are not signatories to the 
Hague Convention, currently including for abduc-
tions and access cases a cumulative total of 156 chil-
dren in Japan, 94 children in India, 60 children in 
Brazil, and 29 children in Russia. The number of re-
ported cases likely represents an even smaller per-
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centage of the total number of United States chil-
dren impacted as the process for the location and re-
covery of abducted children differs significantly with 
each country, and there is currently no formal pro-
tocol for intervening in such cases. 
(7) 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-
izes the child and has substantial long-term con-
sequences for both the child and the left-behind par-
ent.’’. 
(8) 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, their own 
personal relationships, and parenting. 
(9) Left behind parents may encounter substan-
tial psychological, emotional, and financial problems, 
and the majority have no means to generate the 
enormous financial resources required to pursue in-
dividual civil or criminal remedies to attempt to se-
cure the return of their children, even if such rem-
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edies were available or effective in foreign courts or 
political systems. Left-behind parents also often have 
to pursue child custody and other protective orders 
through expensive litigation at home. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should set a strong example 
for other Hague Convention countries in the timely loca-
tion and return of children wrongly removed from and re-
tained in the United States. 
(c) PURPOSES.—The purposes of this Act are to— 
(1) protect United States children from the 
harmful effects of international child abduction and 
to protect the right of children to exercise parental 
access with their parents in a safe and predictable 
way, wherever located; 
(2) provide parents, their advocates, and judges 
the information they need to enhance the resolution 
of family disputes through established legal proce-
dures, the tools for assessing the risk of wrongful re-
moval and retention of children, and the practical 
means for overcoming obstacles to recovering ab-
ducted children; 
(3) establish effective mechanisms to provide 
assistance to and aggressive advocacy on behalf of 
parents whose children have been abducted from the 
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United States to a foreign country, from a foreign 
country to the United States, and on behalf of mili-
tary parents stationed abroad; 
(4) promote an international consensus that the 
best interests of children are of paramount impor-
tance in matters relating to their custody, and that 
it is in the best interest of a child to have issues of 
custody determined in the State of their habitual 
residence immediately prior to the abduction; 
(5) provide the necessary training for military 
officials and training and assistance to military fam-
ilies to address the unique circumstances of the reso-
lution of child custody disputes which occur abroad, 
or occur when a parent is serving abroad; 
(6) facilitate the creation and effective imple-
mentation of international mechanisms, particularly 
the 1980 Hague Convention on the Civil Aspects of 
International Child Abduction, to protect children 
from the harmful effects of their wrongful removal 
and retention; and 
(7) facilitate the compliance of the United 
States with reciprocal obligations contained in the 
Hague Convention regarding children wrongfully re-
moved to or retained in the United States. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) AMBASSADOR AT LARGE.—The term ‘‘Am-
bassador at Large’’ means the Ambassador at Large 
for International Child Abductions appointed under 
section 101. 
(2) ANNUAL REPORT.—The term ‘‘Annual Re-
port’’ means the Annual Report on International 
Child Abductions required under section 102. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—Except as otherwise provided, the term ‘‘ap-
propriate congressional committees’’ means the 
Committee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Foreign Rela-
tions of the Senate. 
(4) CENTRAL
AUTHORITY
FOR
THE
UNITED 
STATES.—The term ‘‘Central Authority for the 
United States’’ has the meaning given such term in 
article 6 of the Convention on the Civil Aspects of 
International Child Abduction, done at The Hague 
on October 25, 1980. 
(5) HAGUE CONVENTION.—The term ‘‘Hague 
Convention’’ means the Convention on the Civil As-
pects of International Child Abduction, done at The 
Hague on October 25, 1980. 
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(6) HAGUE
CONVENTION
COMPLIANCE
RE-
PORT.—The term ‘‘Hague Convention compliance 
report’’ means the annual report on compliance with 
the Hague Convention required to be submitted by 
the Department of State to Congress under section 
2803 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (42 U.S.C. 11611). 
(7) HAGUE
CONVENTION
SIGNATORY.—The 
term ‘‘Hague Convention signatory’’ means a coun-
try that has signed or acceded to the Convention 
and with which the United States has entered into 
a reciprocal agreement pursuant to the Convention. 
(8) MOU.—The term ‘‘MOU’’ means a memo-
randum of understanding. 
(9) MOU COUNTRY.—The term ‘‘MOU coun-
try’’ means a country or entity with which the 
United States has entered into a memorandum of 
understanding to resolve cases of international child 
abduction. Such MOUs shall include— 
(A) identification of a specific protocol de-
signed to establish and effectuate the urgent re-
turn of children abducted from the United 
States not later than six weeks after the date 
of the application for return of the child having 
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been received by the agency authorized for such 
purposes; 
(B) identification of a specific protocol for 
the establishment and protection of the rights 
of both interim and ongoing parental access be-
tween children and their parents; 
(C) identification of an official entity with-
in the government possessing the authority to 
facilitate the resolution of child abduction cases 
in cooperation with the Office on International 
Child Abductions and left-behind parents in the 
United States; 
(D) identification of the judicial or admin-
istrative agency possessing the authority to fa-
cilitate the prompt adjudication of a request for 
the return of an abducted child to the United 
States; 
(E) identification of a law enforcement 
agency and available mechanisms and proce-
dures to investigate and assist in the location, 
protection, and retrieval of an abducted child 
and to ensure the immediate enforcement of or-
ders entered by the court in the habitual resi-
dence to return an abducted child to the United 
States; 
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(F) establishment of welfare and where-
abouts visits between a United States embassy 
and a wrongfully removed or retained child; and 
(G) additional requisite elements that shall 
be satisfied and maintained for purposes of sec-
tion 201(b) as determined by the Secretary of 
State. 
(10) NONSIGNATORY
COUNTRY.—The term 
‘‘nonsignatory country’’ means a country which is 
neither a Hague Convention signatory nor a MOU 
country to which a United States child has been ab-
ducted or in which a United States child remains 
wrongfully retained. 
(11) OFFICE.—The term ‘‘Office’’ means the 
Office on International Child Abductions established 
pursuant to section 101. 
(12) PATTERN
OF
NONCOOPERATION.—The 
term ‘‘pattern of noncooperation’’ means a national 
government’s systemic failure, evidenced by the ex-
istence of ten or more parental child abduction cases 
which, after having been properly prepared and 
transmitted by the Central Authority for the United 
States remain unresolved within its borders after 18 
months or, where there are fewer than ten unre-
solved cases, any cases still unresolved after nine 
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months from the time of receipt and transmittal by 
the Central Authority for the United States of a re-
quest to fulfill its international obligations with re-
spect to the prompt resolution of cases of child ab-
duction. 
(13) RIGHTS OF ACCESS.—The term ‘‘rights of 
access’’ means the rights of a parent and child to 
enjoy reasonable unfettered contact both within and 
outside the State of the child’s habitual residence. 
(14) UNRESOLVED
ABDUCTION
CASE.—The 
term ‘‘unresolved abduction case’’ means an abduc-
tion case which has been properly documented to es-
tablish that pursuant to the law of the State of ha-
bitual residence of a minor child, an international 
abduction or wrongful retention of such child whose 
habitual residence immediately prior to the abduc-
tion was the United States, remains unresolved more 
than two months following the date of the receipt 
and transmittal by the Central Authority for the 
United States of the request for return of such child. 
(15) UNRESOLVED
ACCESS
CASE.—The term 
‘‘unresolved access case’’ means an application for 
the establishment of rights of parental access on ei-
ther an interim or permanent basis, or the request 
for the enforcement of rights of parental access 
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(contact orders) which have been previously estab-
lished by a court of competent jurisdiction, which re-
main unresolved more than two months following the 
date of the receipt and transmittal by the Central 
Authority for the United States of a request for as-
sistance in the organization of rights of access. 
TITLE I—DEPARTMENT OF 
STATE ACTIVITIES 
SEC. 101. OFFICE ON INTERNATIONAL CHILD ABDUCTIONS; 
AMBASSADOR 
AT 
LARGE 
FOR 
INTER-
NATIONAL CHILD ABDUCTIONS. 
(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished within the Department of State an Office on Inter-
national Child Abductions that shall be headed by the Am-
bassador at Large for International Child Abductions ap-
pointed under subsection (b). 
(b) APPOINTMENT.—The Ambassador at Large shall 
be appointed by the President, by and with the advice and 
consent of the Senate. 
(c) DUTIES.—The Ambassador at Large shall have 
the following responsibilities: 
(1) IN GENERAL.—The primary responsibility 
of the Ambassador at Large shall be to— 
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(A) promote measures to prevent the inter-
national abduction of children from the United 
States; 
(B) advocate on behalf of children whose 
habitual residence is the United States and who 
have been abducted to another country; 
(C) assist left-behind parents in the resolu-
tion of abduction or refusal of access cases; and 
(D) advance mechanisms to prevent and 
resolve cases of international child abduction 
abroad. 
(2) ADVISORY
ROLE.—The Ambassador at 
Large shall be a principal adviser to the President 
and the Secretary of State regarding matters of 
international child abduction and refusals of rights 
of access, and shall make recommendations regard-
ing— 
(A) the policies of the United States Gov-
ernment toward governments with a pattern of 
noncooperation with respect to cases of inter-
national child abduction; 
(B) coordination with other United States 
agencies 
regarding 
criminal 
prosecutions, 
Interpol assistance in the issuance of warrants 
and alerts, pending cases, training for United 
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States forces, and the negotiation of agree-
ments to protect United States forces stationed 
abroad; 
(C) policies to address international child 
abduction globally; 
(D) the position of the United States Gov-
ernment on cases establishing the future func-
tioning of the Hague Convention in the country 
at issue; and 
(E) the position of the United States Gov-
ernment on a request to accept an accession to 
the Hague Convention. 
(3) DIPLOMATIC REPRESENTATION.—Subject to 
the direction of the President and the Secretary of 
State, the Ambassador at Large is authorized to 
represent the United States in matters and cases 
relevant to international child abduction and refusals 
of rights to access in— 
(A) contacts with foreign governments, the 
World Organization for Cross-border Co-oper-
ation in Civil and Commercial Matters, the 
Hague Conference on Private International 
Law, and other international organizations of 
which the United States is a member; 
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(B) multilateral conferences and meetings 
relevant to international child abduction; and 
(C) advocating accession to the Hague 
Convention, or, where accession to the Hague 
Convention is not possible, negotiating MOUs. 
(4) REPORTING RESPONSIBILITIES.—The Am-
bassador at Large shall have the reporting respon-
sibilities described in section 102. 
(5) CASE FILE MANAGEMENT SYSTEM AND IN-
FORMATION PROTOCOL.—The Ambassador at Large 
shall establish a case file management system within 
the Office to ensure the maintenance of accurate, 
complete, and timely information, to the extent 
available, on all cases of international child abduc-
tion or refusal of access about which the Office is 
notified, as well as a protocol for the receipt and up-
dating of such information with actions taken by the 
Office and responses by the respective country, as 
well as deadlines required by the Hague Convention 
or the MOU at issue. 
(6) UNIFORM CASE INTAKE PROCEDURES.—The 
Ambassador at Large shall establish uniform case 
intake procedures, which also make note of deadlines 
for responses pursuant to the Hague Convention or 
MOU, where applicable. 
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(7) CIVIL SERVICE EMPLOYEES.—The Ambas-
sador at Large, in cooperation with the Secretary of 
State, shall ensure that a majority of the personnel 
of the Office are composed of civil service employees 
or members of the Service (as such term is described 
in section 103 of the Foreign Service Act of 1980 
(22 U.S.C. 3903)) who shall be permitted to remain 
with the Office for at least four years. 
(8) LEGAL ADVICE.—The Ambassador at Large 
shall make available legal advice to case managers of 
the Central Authority of the United States on an as- 
needed basis to address country-specific legal issues 
and to provide such case managers with information 
that can be disseminated generally on questions fre-
quently asked by left behind parents. 
(9) USER FRIENDLY RESOURCES.—The Ambas-
sador at Large shall establish user-friendly re-
sources, including— 
(A) a toll free number that goes directly to 
the Office; and 
(B) a language line for left behind parents 
who do not speak English. 
(10) ASSISTANCE
TO
JUDGES.—The Ambas-
sador at Large shall— 
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(A) be responsible for producing and dis-
seminating a training course for United States 
Federal and State judges likely to receive 
Hague Convention cases; and 
(B) retain not fewer than four specially 
trained judges available on an as needed basis 
to advise United States Federal and State 
judges handling Hague Convention cases. 
(d) FUNDING.—The Secretary of State shall provide 
the Ambassador at Large with such funds as may be nec-
essary for— 
(1) the hiring of staff for the Office; 
(2) the conduct of investigations by the Office; 
(3) the establishment of a case file management 
system; 
(4) the translation of case documents in cases 
that may have systemic effect in the country in 
question; 
(5) the development of training materials; and 
for 
(6) necessary travel to carry out the provisions 
of this section. 
SEC. 102. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than March 31 of each 
year or the first day thereafter on which the appropriate 
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House of Congress is in session, the Secretary of State, 
with the assistance of the Ambassador at Large, shall sub-
mit to Congress an Annual Report on International Child 
Abduction by providing detailed information with respect 
to unresolved cases about which the Central Authority for 
the United States has been notified. Each Annual Report 
shall contain the following: 
(1) HAGUE
CONVENTION
SIGNATORY
COUN-
TRIES.—Information on the following: 
(A) A current list of those countries with 
which the United States has reciprocal obliga-
tions under the Hague Convention. 
(B) A current list of those countries that 
have requested the United States to accept 
their accession to the Hague Convention. 
(C) The number of pending cases of al-
leged abduction of or refusal of access to chil-
dren from the United States in each the coun-
tries referred to in subparagraphs (A) and (B), 
broken-out by type with date of original appli-
cation and country of detention. 
(D) The proportion of cases of abduction 
of or refusal of access to children from the 
United States resolved in each country since the 
advent of reciprocal Hague Convention obliga-
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tions and the length of time each such case was 
pending. 
(E) For each pending unresolved case, in-
cluding the current reporting year and previous 
years— 
(i) the date of the alleged abduction 
or wrongful retention; 
(ii) the date any administrative or ju-
dicial application pursuant to the Hague 
Convention was brought, if applicable; 
(iii) detailed information about each 
such case, including in the case of judicial 
application having been filed, the court 
handling the matter and the procedural 
history, the specific actions taken by the 
United States chief of mission in the coun-
try to which the child is alleged to have 
been wrongfully removed or retained, and 
the date of submission of documents re-
quired by the application process; and 
(iv) detailed information and an as-
sessment of the lack of resolution about 
each such case together with a determina-
tion of any systemic issues related to the 
Hague Convention signatory country as 
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well as recommendation to enhance the 
protocol for the improvement of the resolu-
tion of future cases. 
(F) A description of the efforts of the Sec-
retary of State to encourage Hague Convention 
signatory countries to facilitate the work within 
such respective countries of nongovernmental 
organizations that assist parents seeking the re-
turn of children under the Hague Convention. 
(G) Whether a state of reciprocity no 
longer exists between the United States and a 
Hague Convention signatory country such that 
United States parents, advocates, and judges 
should, in assessing the risk of wrongful re-
moval or retention, require strong protective 
and preventative measures. 
(H) All reporting requirements contained 
in the Hague Convention compliance report. 
(2) MOU COUNTRIES.—Information on the fol-
lowing: 
(A) A list of those countries that are MOU 
countries. 
(B) A description of the basic elements of 
the memorandum of understanding entered into 
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with each country specified in subparagraph 
(A). 
(C) Whether each such country is moving 
toward accession to the Hague Convention. 
(D) The number of unresolved cases of 
wrongful removal or retentions of or refusal of 
access to children from the United States in 
each such country. 
(E) The proportion of cases of abduction 
of or refusal of access to children from the 
United States resolved in each such country 
since the applicable MOU went into force. 
(F) For each unresolved abduction or ac-
cess case— 
(i) the date of the alleged abduction 
or wrongful retention; 
(ii) the date of any administrative or 
judicial process that was brought seeking 
the return of a minor child to the United 
States, or brought seeking rights of access 
to such child, and in the case of judicial 
process, the court in which the matter has 
been brought and the procedural history; 
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(iii) whether the protocols established 
pursuant to the applicable MOU have been 
followed; 
(iv) detailed information about each 
such case, including the specific actions 
taken by the United States chief of mission 
in the country to which the child is alleged 
to have been wrongfully removed or re-
tained and actions by the Central Author-
ity for the United States; 
(v) detailed information on and an as-
sessment of the lack of resolution as well 
as a determination of any systemic issues 
related to the MOU country with specific 
attention regarding any failure of any of 
the requisite elements of the MOU; and 
(vi) recommendations to amend the 
applicable MOU to improve the resolution 
of cases and ameliorate any systemic 
issues. 
(3) NONSIGNATORY
COUNTRIES.—Information 
on the following: 
(A) A list of those countries that are nei-
ther Hague Convention signatory countries nor 
MOU countries. 
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(B) Information on efforts by the Depart-
ment of State to encourage each such nonsigna-
tory country to become a Hague Convention 
signatory country or MOU country. 
(C) For each unresolved abduction or ac-
cess case— 
(i) the date of the alleged abduction 
or wrongful retention; 
(ii) the date of any administrative or 
judicial process that was brought seeking 
the return of a minor child to the United 
States, or brought seeking rights of access 
to such child, and in the case of judicial 
process, the court in which the matter has 
been brought and the procedural history; 
(iii) detailed information about each 
such case, including the specific actions 
taken by the United States chief of mission 
in the country to which the child is alleged 
to have been wrongfully removed or re-
tained and any other action taken by the 
Central Authority for the United States; 
(iv) detailed information on and an 
assessment of the reasons for the lack of 
a resolution in each such case as well as a 
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review of the systemic issues in the host 
country which may contribute to or en-
hance the wrongful removal or retention of 
children; and 
(v) recommendations for specific ac-
tions which may be taken by the United 
States Government to improve the resolu-
tion of cases and ameliorate any systemic 
issues. 
(b) EXCEPTION.—Each Annual Report required 
under this section may not include names of parties or 
of minor children. Other potentially party-identifying in-
formation shall also be excluded in cases in which the par-
ent remaining in the United States or on a United States 
military installation has submitted a request in writing to 
the Central Authority for the United States that such in-
formation not be publicized. Information that is subject 
to attorney-client privilege may be provided with an exe-
cuted waiver. 
(c) ADDITIONAL THEMATIC SECTIONS.—Each An-
nual Report under this section shall also include— 
(1) information on the number of unresolved 
cases affecting parents who are members of the 
Armed Forces and a summary of assistance offered 
to such left behind parents; 
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(2) information on the use of airlines in inter-
national child abduction, including which airlines are 
most commonly used in abduction, voluntary airline 
practices to prevent international child abduction, 
and recommendations for best airline practices; and 
(3) information on actions taken by the Central 
Authority for the United States to train domestic 
and foreign judges in application of the Hague Con-
vention. 
(d) STANDARDS AND ASSISTANCE.—The Secretary of 
State shall ensure that United States diplomatic and con-
sular missions abroad maintain a consistent reporting 
standard with respect to cases of international child ab-
ductions from the United States to the country in which 
each such mission is located, provide appropriate assist-
ance to parents from the United States who are visiting 
such country to obtain the return, rights of access to, or 
visitation rights with an abducted child, and remain in-
formed of developments in cases of children abducted from 
the United States to the country in which such mission 
is located. 
(e) TERMINATION.—Upon publication of the first An-
nual Report required under this section, the requirement 
for the Secretary of State to submit the Hague Convention 
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compliance report, in addition to the Annual Report, shall 
terminate. 
TITLE II—PRESIDENTIAL 
ACTIONS 
SEC. 201. PRESIDENTIAL ACTIONS IN RESPONSE TO PAT-
TERNS OF NONCOOPERATION IN CASES OF 
INTERNATIONAL CHILD ABDUCTIONS. 
(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 in 
matters relating to their custody or rights of 
access by protecting them internationally from 
the harmful effects of their wrongful removal or 
retention; 
(B) oppose practices or policies of the gov-
ernments of foreign countries that fail to ensure 
children’s prompt return to the United States 
in cases of international child abduction or the 
wrongful retention of a child, where the United 
States is the child’s habitual residence imme-
diately prior to such abduction, through the ac-
tions described in subsection (b); and 
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(C) oppose practices or policies of the gov-
ernments of foreign countries that fail to ensure 
children’s continued contact with their parents 
by providing for rights of access. 
(2) REQUIREMENT
OF
PRESIDENTIAL
AC-
TION.—Whenever the President determines that the 
government of a foreign country has engaged in a 
pattern of noncooperation, the President shall pro-
mote the resolution of the unresolved cases through 
one or more of the actions described in section 
204(a). 
(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 unresolved cases in each foreign coun-
try to determine whether the government of 
each such country has engaged in a pattern of 
noncooperation during the preceding 12 months 
or since the date of the last review of each such 
country under this paragraph, whichever is 
longer. The President shall designate each 
country the government of which the President 
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has determined 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 regarding government re-
sponses to unresolved cases of international 
child abduction with respect to each such coun-
try, including the number of cases and the 
length of time such cases have been pending, as 
described in the latest Annual Report and on 
any other evidence available with respect to 
each such country. 
(C) IMPLEMENTATION.—Any review under 
subparagraph (A) of a country may take place 
singly or jointly with the review of one or more 
countries. 
(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 agency or instrumentality 
thereof that is responsible for the pattern of non-
cooperation by such government in order to appro-
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priately target Presidential actions under this sec-
tion 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 information re-
lating to— 
(A) the designation of the country, signed 
by the President; and 
(B) one or more of the Presidential actions 
described in paragraphs (10) through (16) of 
section 204(a) carried out against such country. 
(c) PRESIDENTIAL ACTIONS WITH RESPECT TO A 
COUNTRY WITH A PATTERN OF NONCOOPERATION.— 
(1) IN GENERAL.—Subject to paragraphs (2), 
(3), and (4) with respect to each Country With a 
Pattern of Noncooperation designated under sub-
section (b)(1)(A), the President shall, after the re-
quirements of sections 202 and 203 have been satis-
fied, but not later than 90 days (or 180 days in case 
of a delay under paragraph (2)) after the date of 
such designation of a country under such subsection, 
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carry out one or more of the following actions under 
subparagraph (A) or (B): 
(A) 
PRESIDENTIAL
ACTIONS.—One 
or 
more of the Presidential actions described in 
paragraphs (10) through (16) of section 204(a). 
(B) COMMENSURATE ACTIONS.—Commen-
surate action in substitution to any action re-
ferred to in subparagraph (A). 
(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) 
with respect to a Country With a Pattern of Non-
cooperation, the President determines and certifies 
to Congress that a single, additional period of time 
not to exceed 90 days is necessary— 
(A) for a continuation of negotiations that 
have been commenced with the government of 
such country to bring about a cessation of the 
pattern of noncooperation by such country, or 
(B)(i) for a review of corrective action 
taken by such country after designation of such 
country as a Country With a Pattern of Non-
cooperation, or 
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(ii) in anticipation that corrective action 
will be taken by such country during such 90- 
day period, 
the President shall not be required to take such 
action until the expiration of such period of 
time. 
(3) EXCEPTION
FOR
ONGOING
PRESIDENTIAL 
ACTION.—The President shall not be required to 
take action under this paragraph (1) with respect to 
a Country With a Pattern of Noncooperation if with 
respect to such country the following apply: 
(A) The President has taken action pursu-
ant to such paragraph in a preceding year. 
(B) Such action is in effect at the time 
such country is designated as a Country with a 
Pattern of Noncooperation under subsection 
(b)(1)(A). 
(C) The President reports to Congress the 
information described in paragraphs (1), (2), 
(3), and (4) of section 203(a) regarding the ac-
tions in effect with respect to such country. 
(D) At the time the President designates a 
country as a Country With a Pattern of Non-
cooperation, if such country is already subject 
to multiple, broad-based sanctions imposed in 
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significant part in response to human rights 
abuses, and such sanctions are ongoing, the 
President may determine that one or more of 
such sanctions also satisfies the requirements of 
this subsection. In a report to Congress pursu-
ant to paragraphs (1), (2), (3), and (4) of sec-
tion 203(a), the President shall specify the spe-
cific sanction or sanctions that the President 
determines satisfy the requirements of this sub-
section. Such specified sanctions shall remain in 
effect subject to section 208. 
(d) RULE
OF
CONSTRUCTION.—A determination 
under this Act, or any amendment made by this Act, that 
a foreign country has engaged in a pattern of noncoopera-
tion shall not be construed to require 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) and 2304). 
SEC. 202. CONSULTATIONS. 
(a) NOTIFICATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), in accordance with existing law and regu-
lation, the Secretary of State shall notify in writing 
the member of the House of Representatives rep-
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resenting the district of a left behind parent when 
such parent reports an international child abduction 
to the Department of State. The Secretary shall 
maintain a computerized data tracking system to 
track and monitor such reported international child 
abduction cases. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply if the left behind parent does not consent to 
the notification described in such paragraph. 
(b) DUTY TO CONSULT WITH FOREIGN GOVERN-
MENTS.—The President shall— 
(1) request consultation with the government of 
a country to which a child is alleged to have been 
wrongfully removed or retained, regarding the pat-
tern of noncooperation giving rise to action under 
section 204; and 
(2) if agreed to, enter into such consultations, 
privately or publicly. 
(c) DUTY TO CONSULT WITH LEFT BEHIND PAR-
ENTS IN THE UNITED STATES.—The President shall con-
sult with left behind parents of children in the foreign 
countries, or appropriate representatives or representative 
groups of such parents, concerning the potential impact 
of United States policies to promote the resolution of unre-
solved cases in countries described in subsection (a). 
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(d) DUTY TO CONSULT WITH OTHER UNITED 
STATES INTERESTED PARTIES.—The President shall, as 
appropriate, consult with other United States interested 
parties regarding the potential impact of intended action 
in countries described in subsection (a) on economic or 
other interests of the United States. 
SEC. 203. REPORT TO CONGRESS. 
At such time as the President decides to take action 
under section 204 in response to a country that the Presi-
dent has designated as a Country With a Pattern of Non-
cooperation and the President decides to take action under 
paragraphs (10) through (16) of section 204, the Presi-
dent shall transmit to the appropriate congressional com-
mittees a report on the following: 
(1) IDENTIFICATION
OF
PRESIDENTIAL
AC-
TIONS.—An identification of the action or actions 
described in paragraphs (10) through (16) of section 
204 (or commensurate action in substitution there-
to) to be taken with respect to such country. 
(2) DESCRIPTION OF VIOLATIONS.—A descrip-
tion of the unresolved cases of child abduction giving 
rise to the action or actions to be taken by the 
President. 
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(3) PURPOSE OF PRESIDENTIAL ACTIONS.—A 
description of the purpose of the Presidential action 
or actions. 
(4) EVALUATION.— 
(A) DESCRIPTION.—An evaluation, in con-
sultation with the Secretary of State, the Am-
bassador at Large, the parties described in sub-
sections (c) and (d) of section 202, and other 
parties the President determines appropriate, 
of— 
(i) the impact upon such unresolved 
cases in such country; 
(ii) the impact upon the government 
of such country; 
(iii) the impact upon the population of 
such country; and 
(iv) the impact upon the United 
States economy and other interested par-
ties. 
(B) AUTHORITY
TO
WITHHOLD
DISCLO-
SURE.—The President may withhold part or all 
of such evaluation from the public, if classified, 
but shall provide the entire evaluation to Con-
gress. 
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(5) STATEMENT OF POLICY OPTIONS.—A state-
ment that noneconomic policy options designed to 
bring about a resolution of the pattern of non-
cooperation in such country have reasonably been 
exhausted, including the consultations required in 
accordance with section 202. 
SEC. 204. PRESIDENTIAL ACTIONS. 
(a) DESCRIPTION OF PRESIDENTIAL ACTIONS.—Ex-
cept as provided in subsection (c), the President may take 
the following actions with respect to a country that the 
President has designated as a Country With a Pattern of 
Noncooperation under section 201: 
(1) A private demarche. 
(2) An official public demarche. 
(3) A statement of nonreciprocity under the 
Hague Convention. 
(4) A public condemnation. 
(5) A public condemnation within one or more 
multilateral fora. 
(6) The delay or cancellation of one or more 
scientific exchanges. 
(7) The delay or cancellation of one or more 
cultural exchanges. 
(8) The denial of one or more working, official, 
or state visits. 
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(9) The delay or cancellation of one or more 
working, official, or state visits. 
(10) The restriction of the number of visas 
issued to nationals of such country pursuant to sub-
paragraphs (F), (J), or (M) of section 101(a)(15) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)). 
(11) The withdrawal, limitation, or suspension 
of United States development assistance in accord-
ance with section 116 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151n). 
(12) Directing the Export-Import Bank of the 
United States, the Overseas Private Investment Cor-
poration, or the Trade and Development Agency not 
to approve the issuance of any (or a specified num-
ber of) guarantees, insurance, extensions of credit, 
or participation in the extension of credit with re-
spect to such government or the agency or instru-
mentality of such government determined by the 
President to be responsible for such pattern of non-
cooperation. 
(13) 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). 
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(14) In accordance with section 701 of the 
International Financial Institutions Act of 1977 (22 
U.S.C. 262d), directing the United States executive 
directors of international financial institutions to op-
pose and vote against loans primarily benefitting the 
such government or the agency or instrumentality of 
such government determined by the President to be 
responsible for such pattern of noncooperation. 
(15) The denial, withdrawal, suspension, or lim-
itation of benefits provided pursuant to title V of the 
Trade Act of 1974 (19 U.S.C. 2461 et seq.), relat-
ing to the Generalized System of Preferences. 
(16) 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 pattern of noncooperation, 
under— 
(A) the Export Administration Act of 
1979; 
(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. 
(17) Prohibiting any United States financial in-
stitution from making loans or providing credits to-
taling more than $10,000,000 in any 12-month pe-
riod to such government or to the agency or instru-
mentality of such government or determined by the 
President to be responsible for such pattern of non-
cooperation. 
(18) Prohibiting the United States Government 
from procuring, or entering into any contract for the 
procurement of, any goods or services from such 
government or from the agency or instrumentality of 
such government determined by the President to be 
responsible for such pattern of noncooperation. 
(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 para-
graphs (1) through (16) of subsection (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 President shall seek to take 
all appropriate and feasible actions authorized by law to 
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obtain the cessation of such pattern of noncooperation. 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 ex-
planation for taking such action. 
(c) EXCEPTIONS.—Any action taken pursuant to sub-
section (a) or (b) may not prohibit or restrict the provision 
to such country of medicine, medical equipment, or sup-
plies, food, or other humanitarian assistance. 
SEC. 205. EFFECTS ON EXISTING CONTRACTS. 
The President shall not be required to apply or main-
tain any action under this section 204— 
(1) in the case of procurement of defense arti-
cles or defense services— 
(A) under existing contracts or sub-
contracts, including the exercise of options for 
production quantities, to satisfy requirements 
essential to the national security of the United 
States; 
(B) if the President determines in writing 
and transmits to Congress a report that the 
government of a foreign country or the agency 
or instrumentality of such government to which 
such action would otherwise be applied is a sole 
source supplier of such defense articles or serv-
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ices, that such defense articles or services are 
essential, and that alternative sources are not 
readily or reasonably available; or 
(C) if the President determines in writing 
and transmits to Congress a report that such 
defense articles or services are essential to the 
national security of the United States under de-
fense co-production agreements; or 
(2) to products or services provided under con-
tracts entered into before the date on which the 
President publishes in the Federal Register notice of 
such action in accordance with section 207. 
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 (16) of section 
204(a) (or commensurate action in substitution thereto) 
with respect to a country that the President has des-
ignated as a Country With a Pattern of Noncooperation 
under section 201, if the President determines and so re-
ports to the appropriate congressional committees that— 
(1) the government of such has satisfactorily 
resolved the unresolved cases giving rise to the appli-
cation of any of such actions and— 
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(A) if such country is a Hague Convention 
signatory country, such country has taken 
measures to ensure future compliance with the 
provisions of the Hague Convention; 
(B) if such country is an MOU country, 
such country has taken measures to ensure fu-
ture compliance with the provisions of the MOU 
at issue; or 
(C) if such country is a Nonsignatory 
country at the time the abductions or retentions 
resulting in the unresolved cases occurred, such 
country has become a Hague Convention signa-
tory country or a 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. 
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SEC. 207. PUBLICATION IN FEDERAL REGISTER. 
(a) IN GENERAL.—Subject to subsection (b), the 
President shall ensure publication in the Federal Register 
of the following: 
(1) 
DETERMINATIONS
OF
GOVERNMENTS, 
AGENCIES, 
INSTRUMENTALITIES
OF
COUNTRIES 
WITH PATTERNS OF NONCOOPERATION.—Any des-
ignation of a country that the President has des-
ignated as a Country With a Pattern of Noncoopera-
tion under section 201, together with, when applica-
ble and to the extent practicable, the identities of 
agencies, instrumentalities, or officials determined to 
be responsible for such pattern of noncooperation. 
(2) PRESIDENTIAL ACTIONS.—A description of 
any action under paragraphs (10) through (16) of 
section 204(a) (or commensurate action in substi-
tution thereto) and the effective date of such action. 
(3) DELAYS
IN
TRANSMITTAL
OF
PRESI-
DENTIAL
ACTION
REPORTS.—Any delay in trans-
mittal of a report required under in section 203. 
(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 
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determinations described in section 654(c) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2414(c)), if the Presi-
dent determines that the publication of such informa-
tion— 
(1) would be harmful to the national security of 
the United States; or 
(2) would not further the purposes of this Act. 
SEC. 208. TERMINATION OF PRESIDENTIAL ACTIONS. 
Any action taken under this Act or any amendment 
made by this Act with respect to a foreign country shall 
terminate on the earlier of the following dates: 
(1) Not later than two years after the effective 
date of such action unless expressly reauthorized by 
law. 
(2) Upon the determination by the President, in 
consultation with the Office, and certification to 
Congress that the government of such country has 
taken substantial and verifiable steps to correct the 
pattern of noncooperation at issue that gave rise to 
such action. 
SEC. 209. PRECLUSION OF JUDICIAL REVIEW. 
No court shall have jurisdiction to review any Presi-
dential determination or agency action under this Act or 
any amendment made by this Act. 
VerDate Mar 15 2010 
03:21 May 27, 2011
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