dreamproit/uscode huggingface dataset:
22 U.S.C. § 9001 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9001. Findings and declarations
(a) Findings
The Congress makes the following findings:
(1) The international abduction or wrongful retention of children is harmful to their well-being.
(2) Persons should not be permitted to obtain custody of children by virtue of their wrongful removal or retention.
(3) International abductions and retentions of children are increasing, and only concerted cooperation pursuant to an international agreement can effectively combat this problem.
(4) The Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980, establishes legal rights and procedures for the prompt return of children who have been wrongfully removed or retained, as well as for securing the exercise of visitation rights. Children who are wrongfully removed or retained within the meaning of the Convention are to be promptly returned unless one of the narrow exceptions set forth in the Convention applies. The Convention provides a sound treaty framework to help resolve the problem of international abduction and retention of children and will deter such wrongful removals and retentions.
(b) Declarations
The Congress makes the following declarations:
(1) It is the purpose of this chapter to establish procedures for the implementation of the Convention in the United States.
(2) The provisions of this chapter are in addition to and not in lieu of the provisions of the Convention.
(3) In enacting this chapter the Congress recognizes—
(A) the international character of the Convention; and
(B) the need for uniform international interpretation of the Convention.
(4) The Convention and this chapter empower courts in the United States to determine only rights under the Convention and not the merits of any underlying child custody claims.
(Pub. L. 100–300, § 2, Apr. 29, 1988, 102 Stat. 437.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act” meaning Pub. L. 100–300, Apr. 29, 1988, 102 Stat. 437, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
heading: Codification
text: Section was formerly classified to section 11601 of Title 42, The Public Health and Welfare.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2004 Amendment
text: Pub. L. 108–370, § 1, Oct. 25, 2004, 118 Stat. 1750, provided that: “This Act [amending section 9006 of this title] may be cited as the ‘Prevention of Child Abduction Partnership Act’.”
heading: Short Title
text: Pub. L. 100–300, § 1, Apr. 29, 1988, 102 Stat. 437, provided that: “This Act [enacting this chapter and amending section 663 of Title 42, The Public Health and Welfare] may be cited as the ‘International Child Abduction Remedies Act’.”
22 U.S.C. § 9002 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9002. Definitions
For the purposes of this chapter—
(1) the term “applicant” means any person who, pursuant to the Convention, files an application with the United States Central Authority or a Central Authority of any other party to the Convention for the return of a child alleged to have been wrongfully removed or retained or for arrangements for organizing or securing the effective exercise of rights of access pursuant to the Convention;
(2) the term “Convention” means the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980;
(3) the term “Parent Locator Service” means the service established by the Secretary of Health and Human Services under section 653 of title 42;
(4) the term “petitioner” means any person who, in accordance with this chapter, files a petition in court seeking relief under the Convention;
(5) the term “person” includes any individual, institution, or other legal entity or body;
(6) the term “respondent” means any person against whose interests a petition is filed in court, in accordance with this chapter, which seeks relief under the Convention;
(7) the term “rights of access” means visitation rights;
(8) the term “State” means any of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and
(9) the term “United States Central Authority” means the agency of the Federal Government designated by the President under section 9006(a) of this title.
(Pub. L. 100–300, § 3, Apr. 29, 1988, 102 Stat. 437.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 100–300, Apr. 29, 1988, 102 Stat. 437, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 9001 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 11602 of Title 42, The Public Health and Welfare.
22 U.S.C. § 9004 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9004. Provisional remedies
(a) Authority of courts
In furtherance of the objectives of article 7(b) and other provisions of the Convention, and subject to the provisions of subsection (b) of this section, any court exercising jurisdiction of an action brought under section 9003(b) of this title may take or cause to be taken measures under Federal or State law, as appropriate, to protect the well-being of the child involved or to prevent the child’s further removal or concealment before the final disposition of the petition.
(b) Limitation on authority
No court exercising jurisdiction of an action brought under section 9003(b) of this title may, under subsection (a) of this section, order a child removed from a person having physical control of the child unless the applicable requirements of State law are satisfied.
(Pub. L. 100–300, § 5, Apr. 29, 1988, 102 Stat. 439.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 11604 of Title 42, The Public Health and Welfare.
22 U.S.C. § 9005 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9005. Admissibility of documents
With respect to any application to the United States Central Authority, or any petition to a court under section 9003 of this title, which seeks relief under the Convention, or any other documents or information included with such application or petition or provided after such submission which relates to the application or petition, as the case may be, no authentication of such application, petition, document, or information shall be required in order for the application, petition, document, or information to be admissible in court.
(Pub. L. 100–300, § 6, Apr. 29, 1988, 102 Stat. 439.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 11605 of Title 42, The Public Health and Welfare.
22 U.S.C. § 9007 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9007. Costs and fees
(a) Administrative costs
No department, agency, or instrumentality of the Federal Government or of any State or local government may impose on an applicant any fee in relation to the administrative processing of applications submitted under the Convention.
(b) Costs incurred in civil actions
(1) Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions, and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (2) and (3).
(2) Subject to paragraph (3), legal fees or court costs incurred in connection with an action brought under section 9003 of this title shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs.
(3) Any court ordering the return of a child pursuant to an action brought under section 9003 of this title shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.
(Pub. L. 100–300, § 8, Apr. 29, 1988, 102 Stat. 440.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 11607 of Title 42, The Public Health and Welfare.
22 U.S.C. § 9009 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9009. Office of Children’s Issues
(a) Director requirements
The Secretary of State shall fill the position of Director of the Office of Children’s Issues of the Department of State (in this section referred to as the “Office”) with an individual of senior rank who can ensure long-term continuity in the management and policy matters of the Office and has a strong background in consular affairs.
(b) Case officer staffing
Effective April 1, 2000, there shall be assigned to the Office of Children’s Issues of the Department of State a sufficient number of case officers to ensure that the average caseload for each officer does not exceed 75.
(c) Embassy contact
The Secretary of State shall designate in each United States diplomatic mission an employee who shall serve as the point of contact for matters relating to international abductions of children by parents. The Director of the Office shall regularly inform the designated employee of children of United States citizens abducted by parents to that country.
(d) Reports to parents
(1) In general
Except as provided in paragraph (2), beginning 6 months after November 29, 1999, and at least once every 6 months thereafter, the Secretary of State shall report to each parent who has requested assistance regarding an abducted child overseas. Each such report shall include information on the current status of the abducted child’s case and the efforts by the Department of State to resolve the case.
(2) Exception
The requirement in paragraph (1) shall not apply in a case of an abducted child if—
(A) the case has been closed and the Secretary of State has reported the reason the case was closed to the parent who requested assistance; or
(B) the parent seeking assistance requests that such reports not be provided.
(Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 201], Nov. 29, 1999, 113 Stat. 1536, 1501A–419).
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, and not as part of the International Child Abduction Remedies Act which comprises this chapter.
Section was formerly classified to section 11608a of Title 42, The Public Health and Welfare.
22 U.S.C. § 9010 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9010. Interagency coordinating group
The Secretary of State, the Secretary of Health and Human Services, and the Attorney General shall designate Federal employees and may, from time to time, designate private citizens to serve on an interagency coordinating group to monitor the operation of the Convention and to provide advice on its implementation to the United States Central Authority and other Federal agencies. This group shall meet from time to time at the request of the United States Central Authority. The agency in which the United States Central Authority is located is authorized to reimburse such private citizens for travel and other expenses incurred in participating at meetings of the interagency coordinating group at rates not to exceed those authorized under subchapter I of chapter 57 of title 5 for employees of agencies.
(Pub. L. 100–300, § 10, Apr. 29, 1988, 102 Stat. 441.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 11609 of Title 42, The Public Health and Welfare.
22 U.S.C. § 9011 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9011. Authorization of appropriations
There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of the Convention and this chapter.
(Pub. L. 100–300, § 12, Apr. 29, 1988, 102 Stat. 442.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 100–300, Apr. 29, 1988, 102 Stat. 437, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 9001 of this title and Tables.
heading: Codification
text: Section was formerly classified to section 11610 of Title 42, The Public Health and Welfare.
22 U.S.C. § 9124 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9124. Waiver by the Secretary of State
(a) In general
Subject to subsection (b), the Secretary of State may waive the application of any of the actions described in subsections (d) and (e) of section 9122 of this title 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.
(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 committees of such waiver; and
(2) provide such committees with a detailed justification 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 findings and determinations described in section 2414(c) of this title, if the Secretary determines that the publication of such information would be harmful to the national security of the United States and would not further the purposes of this chapter.
(Pub. L. 113–150, title II, § 204, Aug. 8, 2014, 128 Stat. 1821.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (d), was in the original “this Act”, meaning Pub. L. 113–150, Aug. 8, 2014, 126 Stat. 1807, known as the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.
22 U.S.C. § 9125 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9125. 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 country 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 noncompliance that gave rise to such specific action, as applicable.
(Pub. L. 113–150, title II, § 205, Aug. 8, 2014, 128 Stat. 1821.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 113–150, Aug. 8, 2014, 126 Stat. 1807, known as the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.
22 U.S.C. § 9141 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9141. Authorization for judicial training on international parental child abduction
(a) In general
The Secretary of State, subject to the availability of appropriations, shall seek to provide training, directly or through another government agency or nongovernmental organizations, on the effective handling of parental abduction cases to the judicial and administrative authorities in countries—
(1) in which a significant number of unresolved abduction cases are pending; or
(2) that have been designated as having a pattern of noncompliance under section 9122(b) of this title.
(b) Strategy requirement
Not later than 180 days after August 8, 2014, the President shall submit a strategy to carry out the activities described in subsection (a) to—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of Representatives;
(3) the Committee on Appropriations of the Senate; and
(4) the Committee on Appropriations of the House of Representatives.
(c) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Secretary of State $1,000,000 for each of the fiscal years 2015 and 2016 to carry out subsection (a).
(2) Use of funds
Amounts appropriated for the activities set forth in subsection (a) shall be used pursuant to the authorization and requirements under this section.
(Pub. L. 113–150, title III, § 302, Aug. 8, 2014, 128 Stat. 1822.)
heading: Executive Documents
heading: Delegation of Authority Pursuant to Section 302(b) of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014
text: Memorandum of President of the United States, May 7, 2015, 80 F.R. 32849, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate the functions and authorities vested in the President by section 302(b) of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (Public Law 113–150) (the “Act”), to the Secretary of State.
Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provision.
You are authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
22 U.S.C. § 9213 (FOREIGN RELATIONS AND INTERCOURSE)
§ 9213. Reporting requirements
(a) Presidential briefings to Congress
Not later than 180 days after February 18, 2016, and periodically thereafter, the President shall provide a briefing to the appropriate congressional committees on efforts to implement this chapter.
(b) Report from Secretary of State
Not later than 180 days after February 18, 2016, the Secretary of State shall conduct, coordinate, and submit to Congress a comprehensive report on United States policy towards North Korea that—
(1) is based on a full and complete interagency review of current policies and possible alternatives, including with respect to North Korea’s weapons of mass destruction and missile programs, human rights atrocities, and significant activities undermining cybersecurity; and
(2) includes recommendations for such legislative or administrative action as the Secretary considers appropriate based on the results of the review.
(Pub. L. 114–122, title I, § 103, Feb. 18, 2016, 130 Stat. 98.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 114–122, Feb. 18, 2016, 130 Stat. 93, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of this title and Tables.
heading: Executive Documents
heading: Delegation of Functions
text: Functions and authorities of President under subsec. (a) of this section delegated to Secretary of State, in consultation with Secretary of the Treasury, by Memorandum of President of the United States, May 18, 2016, 81 F.R. 37479, set out as a note under section 9212 of this title.
22 U.S.C. § 9221c (FOREIGN RELATIONS AND INTERCOURSE)
§ 9221c. Prohibition on transactions with certain sanctioned persons by persons owned or controlled by United States financial institutions
(a) In general
Not later than 180 days after December 20, 2019, the Secretary of the Treasury, in consultation with the Secretary of State, shall prohibit an entity owned or controlled by a United States financial institution and established or maintained outside the United States from knowingly engaging in any transaction described in subsection (b) directly or indirectly with the Government of North Korea or any person designated for the imposition of sanctions with respect to North Korea under—
(1) subsection (a), (b), or (g) of section 9214 of this title;
(2) an applicable Executive order; or
(3) an applicable United Nations Security Council resolution.
(b) Transactions described
A transaction described in this subsection is a transaction that would be prohibited by an order or regulation issued pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) if the transaction were engaged in in the United States or by a United States person.
(c) Civil penalties
The civil penalty provided for in section 206(b) of the International Emergency Economic Powers Act (50 U.S.C. 1705(b)) shall apply to a United States financial institution to the same extent that such penalty applies to a person that commits an unlawful act described in section 206(a) of that Act if an entity owned or controlled by the United States financial institution and established or maintained outside the United States violates, attempts to violate, conspires to violate, or causes a violation of any order or regulation issued to implement subsection (a).
(d) United States financial institution defined
In this section, the term “United States financial institution” has the meaning given the term “U.S. financial institution” in section 510.328 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(Pub. L. 114–122, title II, § 201C, as added Pub. L. 116–92, div. F, title LXXI, § 7121(a), Dec. 20, 2019, 133 Stat. 2246.)
heading: Editorial Notes
heading: References in Text
text: The International Emergency Economic Powers Act, referred to in subsec. (b), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.