Bring Abducted Children Home Amendments Act
Bill: H.R.9669 | Sponsor: Rep. Smith, Christopher H. (R-NJ)
Policy area: International Affairs

Summary:
Bring Abducted Children Home Amendments Act
This bill revises various provisions regarding international child abduction, including to increase the maximum term of imprisonment from 3 years to 10 years for retaining a child outside the United States with intent to obstruct the lawful exercise of parental rights.

To amend the Sean and David Goldman International Child Abduction 
 Prevention and Return Act of 2014 to expand protections for abducted 
                   children, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bring Abducted 
Children Home Amendments Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to purposes and definitions.
Sec. 3. Annual report on international child abduction expanded.
Sec. 4. Amendments to standards and assistance.
Sec. 5. Amendments relating to notification required to be provided to 
                            congressional representatives.
Sec. 6. Amendments to authorities to respond to international child 
                            abductions.
Sec. 7. Amendments to actions in response to patterns of noncompliance.
Sec. 8. Amendments relating to training.
Sec. 9. Modifications to the Office of Children's Issues of the 
                            Department of State.
Sec. 10. Increasing sentencing guideline for international parental 
                            kidnapping.
Sec. 11. Clerical amendments.
Sec. 12. Expanding notification requirements for missing children.
Sec. 13. Legal expense grants for victims of international parental 
                            child abduction.

SEC. 2. AMENDMENTS TO PURPOSES AND DEFINITIONS.

    The Sean and David Goldman International Child Abduction Prevention 
and Return Act of 2014 (22 U.S.C. 9101 et seq.) is amended as follows:
            (1) In section 2(c) (22 U.S.C. 9101 note)--
                    (A) by amending paragraph (4) to read as follows:
            ``(4) to enhance the prompt resolution of abduction cases 
        by returning children to the United States;'';
                    (B) by redesignating paragraphs (5) through (7) as 
                paragraphs (6) through (8), respectively; and
                    (C) by inserting after paragraph (4) the following:
            ``(5) to enhance the prompt resolution of access cases by 
        reuniting children with their left-behind parents with 
        unfettered and enforceable access;''.
            (2) In section 3 (22 U.S.C. 9101)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``; 
                        and'' at the end and inserting a semicolon;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(C) includes all cases reported involving an 
                application filed with the Central Authority of the 
                United States or directly with the foreign central 
                authority by a parent seeking rights of access or 
                return.'';
                    (B) by amending paragraph (7) to read as follows:
            ``(7) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Foreign Affairs, the 
                Committee on Appropriations, and the Committee on 
                Homeland Security of the House of Representatives; and
                    ``(B) the Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate.'';
                    (C) in paragraph (11), by striking ``16'' and 
                inserting ``18'';
                    (D) by amending subparagraph (A) of paragraph (19) 
                to read as follows:
                    ``(A) In general.--The term `pattern of 
                noncompliance' means the persistent failure--
                            ``(i) of a Convention country--
                                    ``(I) with respect to abduction 
                                cases pending as of the date on which 
                                the country entered the Hague Abduction 
                                Convention--
                                            ``(aa) to work with the 
                                        Central Authority of the United 
                                        States to resolve such cases; 
                                        and
                                            ``(bb) to abide by any 
                                        bilateral procedures 
                                        established between the United 
                                        States and such country; or
                                    ``(II) with respect to cases 
                                initiated after such date of entry, to 
                                implement and abide by provisions of 
                                such 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.'';
                    (E) in paragraph (23)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) In general.--The term `unresolved abduction 
                case' means an abduction case--
                            ``(i) that does not meet the criteria to be 
                        considered resolved pursuant to subparagraph 
                        (B), (C), or (D) of this paragraph; and
                            ``(ii) for which the completed application 
                        for return of the child or access to the child 
                        is submitted by the Central Authority of the 
                        United States, or directly by the parent, for 
                        determination to the foreign Central Authority, 
                        foreign ministry, judicial ministry, or the 
                        judicial or administrative authority, as 
                        applicable, of the country in which the child 
                        is located.''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Resolution of case with a return.--An 
                abduction case shall be considered to be resolved if 
                the child is returned to the left-behind parent, 
                pursuant to the Hague Abduction Convention or other 
                appropriate bilateral procedures, if applicable.
                    ``(C) Resolution of case without a return.--An 
                abduction case shall be considered to be resolved 
                without a return if--
                            ``(i) the left-behind parent reaches a 
                        voluntary arrangement with the other parent or 
                        custodian of the child;
                            ``(ii) the left-behind parent submits to 
                        the Department of State a written withdrawal of 
                        the application under the Hague Convention on 
                        the Civil Aspects of Child Abduction for Return 
                        or the request for assistance in returning the 
                        child; or
                            ``(iii) the left-behind parent submits to 
                        the Department of State a written withdrawal of 
                        the application for the organization of rights 
                        of Access under the Hague Convention on the 
                        Civil Aspects of International Child Abduction 
                        or the request for assistance in obtaining 
                        access to the child.
                    ``(D) Failed to return; case closed.--An abduction 
                case shall be considered to be resolved as `failed to 
                return; case closed' if--
                            ``(i) the judicial or administrative 
                        branch, as applicable, of the government of the 
                        country in which the child is located--
                                    ``(I) has implemented, and is 
                                complying with, the provisions of the 
                                Hague Abduction Convention or other 
                                bilateral procedures, as applicable;
                                    ``(II) has denied with finality the 
                                Petition for return of the child under 
                                the Convention or request under other 
                                bilateral procedure, as applicable; and
                                    ``(III) has determined that the 
                                child need not be returned to the left-
                                behind parent;
                            ``(ii) the Department of State cannot 
                        locate the left-behind parent for one year 
                        despite the documented efforts of the 
                        Department to locate the parent;
                            ``(iii) the child is deceased;
                            ``(iv) the left-behind parent is deceased 
                        and no amended petition has been filed; or
                            ``(v) the abducted child attains the age of 
                        18.'';
                    (F) by redesignating paragraphs (5) through (23) 
                (as amended) as paragraphs (6) through (24), 
                respectively; and
                    (G) by inserting the following new paragraph after 
                paragraph (4):
            ``(5) Ambassador-at-large to monitor and combat child 
        abductions.--
                    ``(A) In general.--The term `Ambassador-at-Large to 
                Monitor and Combat Child Abductions' means the 
                Ambassador-at-Large to Monitor and Combat Child 
                Abductions appointed pursuant to section 201(a) of the 
                Admiral James W. Nance and Meg Donovan Foreign 
                Relations Authorization Act, Fiscal Years 2000 and 2001 
                (22 U.S.C. 9009).
                    ``(B) Duties.--The duties and responsibilities of 
                the Ambassador-at-Large to Monitor and Combat Child 
                Abductions shall be carried out, during any period in 
                which such Ambassador has not been duly appointed and 
                confirmed, by--
                            ``(i) the Director of the Office of 
                        Children's Issues of the Department of State, 
                        as provided in section 201(a)(2)(B) of the 
                        Admiral James W. Nance and Meg Donovan Foreign 
                        Relations Authorization Act, Fiscal Years 2000 
                        and 2001; or
                            ``(ii) if such Director has also not been 
                        appointed or confirmed, the Secretary of 
                        State.''.

SEC. 3. ANNUAL REPORT ON INTERNATIONAL CHILD ABDUCTION EXPANDED.

    Section 101 of the Sean and David Goldman International Child 
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9111) is amended 
as follows:
            (1) In subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``abduction and'' 
                                after ``of such new''; and
                                    (II) by striking ``, 
                                respectively,'' and inserting ``as 
                                were'';
                            (ii) in subparagraph (G), by striking ``; 
                        and'' and inserting a semicolon;
                            (iii) by redesignating subparagraphs (A) 
                        through (H) as subparagraphs (C) through (J), 
                        respectively;
                            (iv) by inserting the following new 
                        subparagraphs before subparagraph (C) (as so 
                        redesignated):
                    ``(A) the number of children abducted from the 
                United States and the number of children returned to 
                the United States with respect to such country for each 
                year of the 10-year period ending on the date of the 
                submission of the report;
                    ``(B) the total number of children abducted from 
                the United States and the total number of children 
                returned to the United States with respect to such 
                country during the period beginning January 1, 1994, 
                and the ending on the date of the submission of the 
                report;''; and
                            (v) by adding at the end the following:
                    ``(K) the number of cases resolved with a return to 
                the United States;
                    ``(L) for cases resolved without a return, the 
                number resolved with respect to which the left-behind 
                parent--
                            ``(i) reached a voluntary arrangement with 
                        the other parent or custodian of the child;
                            ``(ii) submitted to the Department of State 
                        a written withdrawal of the application under 
                        the Hague Abduction Convention for the return 
                        of, or requesting assistance in returning, the 
                        child; or
                            ``(iii) submitted to the Department of 
                        State a written withdrawal of the application 
                        for organization of rights of access under the 
                        Hague Abduction Convention or requesting for 
                        assistance in obtaining access to the child; 
                        and
                    ``(M) for cases closed with a failure to return, 
                the number of cases with respect to which--
                            ``(i) the judicial or administrative 
                        branch, as applicable, of the government of the 
                        country in which the child is located--
                                    ``(I) has implemented, and is 
                                complying with, the provisions of the 
                                Hague Abduction Convention or other 
                                bilateral procedures, as applicable;
                                    ``(II) has denied with finality the 
                                petition for return of the child under 
                                the Convention, or request under other 
                                bilateral procedure, as applicable; and
                                    ``(III) has determined that the 
                                child need not be returned to the left-
                                behind parent;
                            ``(ii) the Department of State cannot 
                        locate the left-behind parent for one year 
                        despite the documented efforts of the 
                        Department to locate the parent;
                            ``(iii) the child is deceased;
                            ``(iv) the left-behind parent is deceased 
                        and no amended petition has been filed; or
                            ``(v) the victim of the abduction is now 
                        over 18 years old.'';
                    (B) in paragraph (9), by striking ``and'' at the 
                end;
                    (C) in paragraph (10), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(11) the total number of children abducted from the 
        United States and the total number of children returned to the 
        United States with respect to all countries, for each year in 
        the 10-year period ending on the date of the submission of the 
        report;
            ``(12) the total number of children abducted from each 
        State with respect to all countries during the period beginning 
        January 1, 1994, and the ending on the date of the submission 
        of the report; and
            ``(13) the total number of children abducted from the 
        United States and the total number of children returned to the 
        United States with respect to all countries during the period 
        beginning January 1, 1994, and the ending on the date of the 
        submission of the report.''.
            (2) In subsection (d)--
                    (A) in paragraph (4), by striking ``; and'' at the 
                end and inserting a semicolon;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(6) a section that includes--
                    ``(A) a `tier 1' list of countries and 
                territories--
                            ``(i) with respect to which there are one 
                        or more pending or unresolved abduction cases; 
                        and
                            ``(ii) the governments of which the 
                        Secretary of State determines have neither 
                        engaged in a persistent failure described in 
                        section 3(20)(B) nor in a pattern of 
                        noncompliance, as defined in section 3(20)(A);
                    ``(B) a `tier 2' list of countries and territories 
                the governments of which the Secretary of State 
                determines have engaged in a persistent failure 
                described in section 3(20)(B), but are making 
                significant efforts to bring themselves into compliance 
                with those standards, and with respect to which--
                            ``(i) the estimated number of unresolved 
                        abduction and access cases is very significant 
                        or is significantly increasing and the country 
                        is not taking proportional concrete actions; or
                            ``(ii) there is a failure to provide 
                        evidence of increasing efforts to resolve 
                        unresolved abduction and access cases from the 
                        previous year; and
                    ``(C) a `tier 3' list of countries and territories 
                the governments of which the Secretary of State 
                determines have engaged in both a persistent failure 
                described in section 3(20)(B) as well as a pattern of 
                noncompliance, as defined in section 3(20)(A); and
            ``(7) a section describing the status of legal protections 
        for victims of domestic violence and their children, with 
        appropriate links to substantive intergovernmental reports 
        (such as a United States country report documenting issues of 
        domestic violence against vulnerable populations within the 
        country), including--
                    ``(A) a description of the ability of a victim of 
                domestic abuse to obtain urgent protective and 
                restraining measures with respect to such victim and 
                any child of such victim;
                    ``(B) an indication of where victims of domestic 
                violence may obtain access to justice and essential 
                services;
                    ``(C) whether official findings of domestic or 
                family violence are available outside of the criminal 
                process, and are considered evidential in child custody 
                cases;
                    ``(D) whether evidentiary standards and burdens of 
                proof in legal proceedings are consistent with United 
                States judicial proceedings; and
                    ``(E) whether foreign court and law enforcement 
                will honor orders containing arrangements for the 
                protection of a child.''.
            (3) By striking subsection (e) and redesignating subsection 
        (f) as subsection (e).

SEC. 4. AMENDMENTS TO STANDARDS AND ASSISTANCE.

    Section 102 of the Sean and David Goldman International Child 
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9112) is 
amended--
            (1) by striking ``sec. 102. standards and assistance.--The 
        Secretary of State shall--'' and inserting the following:

``SEC. 102. STANDARDS AND ASSISTANCE.

    ``(a) In General.--The Secretary of State shall--''; and
            (2) by adding at the end the following:
    ``(b) Additional Actions by Secretary of State.--
            ``(1) Action plan for tier 3 countries.--
                    ``(A) In general.--Not later than 180 days after 
                the submission of each annual report required by 
                section 101, the Secretary of State, acting through the 
                Ambassador-at-Large to Monitor and Combat Child 
                Abductions and the Assistant Secretary of the 
                appropriate regional bureau, shall--
                            ``(i) prepare an action plan for each 
                        country upgraded from the `tier 3' list 
                        described in subparagraph (C) of section 
                        101(d)(6) to the `tier 2' list described in 
                        subparagraph (B) of such section, to further 
                        improve such country's tier ranking; and
                            ``(ii) present the relevant action plan to 
                        the government of each such country.
                    ``(B) Consultation.--In preparing the plan required 
                by subparagraph (A), the Secretary of State shall seek 
                to consult with the Central Authority from the 
                government of each applicable country with the 
                assistance of the United States ambassador to or charge 
                d'affaires for such country.
            ``(2) Transmission of information to tier 3 countries.--Not 
        less frequently than annually, the Secretary of State shall 
        provide to the foreign minister of each country that has been 
        downgraded to the `tier 3' list described in subparagraph (C) 
        of section 101(d)(6) in the most recent report submitted in 
        accordance with such section--
                    ``(A) a copy of the Annual Report on International 
                Child Abductions; and
                    ``(B) information pertinent to that country's 
                downgrade, including--
                            ``(i) confirmation of the country's 
                        inclusion in such `tier 3' list;
                            ``(ii) the factors that contributed to the 
                        downgrade; and
                            ``(iii) the steps that the country must 
                        take to be considered for an upgrade in status 
                        of designation.
    ``(c) Assistance Provided by the Office of Children's Issues.--
            ``(1) Documentation relating to domestic violence.--For 
        each application that the Director of the Office of Children's 
        Issues transmits to a Central Authority, the Director shall 
        include documentation of--
                    ``(A) domestic violence protections under the laws 
                of the country from which the child has been removed; 
                and
                    ``(B) the availability of such protections to a 
                parent alleged to have fled the United States due to 
                domestic violence.
            ``(2) Volunteer national attorney network.--The Director of 
        the Office of Children's Issues shall take such steps as may be 
        necessary to expand its volunteer national attorney network--
                    ``(A) to provide attorneys willing to represent a 
                responding parent in an incoming abduction case on a 
                pro bono or reduced fee basis, with respect to which--
                            ``(i) the parent is advancing the defense 
                        that such parent is a victim of domestic 
                        violence; or
                            ``(ii) in an incoming case brought under 
                        the International Child Abduction Remedies Act 
                        (22 U.S.C. 9001 et seq.), with respect to which 
                        a defense of domestic violence has been made; 
                        and
                    ``(B) to assist parents, on a pro bono or reduced 
                fee basis, in outgoing cases, with--
                            ``(i) an application for return or access 
                        under the Hague Abduction Convention to be 
                        transmitted by the Secretary of State to a 
                        foreign Central Authority;
                            ``(ii) referrals to foreign counsel, or 
                        judicial or administrative officials, willing 
                        to represent the interests of the child in 
                        proceedings in the courts of foreign countries 
                        to secure the entry and enforcement of any 
                        undertaking orders entered by the foreign court 
                        to facilitate access to that child or that 
                        child's return; or
                            ``(iii) obtaining, where appropriate, 
                        protective orders related to allegations or 
                        findings of domestic violence, until the court 
                        of competent jurisdiction in the United States 
                        can address the child custody case on the 
                        merits.''.

SEC. 5. AMENDMENTS RELATING TO NOTIFICATION REQUIRED TO BE PROVIDED TO 
              CONGRESSIONAL REPRESENTATIVES.

    Section 104 of the Sean and David Goldman International Child 
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9114) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Notification.--The Secretary of State shall submit written 
notification to the Member of Congress and Senators, or Resident 
Commissioner or Delegate, as appropriate, representing the legal 
residence of a left-behind parent if such parent reports an abduction 
to the Central Authority of the United States (without regard to 
whether such report occurred before, on, or after the date of the 
enactment of this subsection).''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Timing.--The notification required under subsection (a) shall 
be provided--
            ``(1) not later than 90 days after the date of the 
        enactment of such subsection, with respect to a report from a 
        left-behind parent that was made on or before such date of 
        enactment; or
            ``(2) not later than 90 days after the date of a report 
        from a left-behind parent made after such date of enactment.''.

SEC. 6. AMENDMENTS TO AUTHORITIES TO RESPOND TO INTERNATIONAL CHILD 
              ABDUCTIONS.

    Section 201 of the Sean and David Goldman International Child 
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9121) is amended 
as follows:
            (1) By amending subsection (b) to read as follows:
    ``(b) Actions in Response to Unresolved Cases.--
            ``(1) Determination of action.--For each abduction or 
        access case relating to a child whose habitual residence is in 
        the United States that remains pending after the Central 
        Authority of the United States or the parent submits such case 
        to a foreign country, the Secretary of State shall determine 
        whether the government of such foreign country has failed to 
        take appropriate steps to resolve the case. If such 
        determination is affirmative that such failure occurred, the 
        Secretary should, as expeditiously as practicable--
                    ``(A) take 3 or more of the actions described in 
                subsections (d) and (e) of section 202; and
                    ``(B) direct the chief of mission in that foreign 
                country to address the resolution of the case with 
                senior officials in the foreign government.
            ``(2) Authority for delay of action.--The Secretary of 
        State may delay any action described in paragraph (1) for up to 
        1 year if the Secretary determines that such additional time 
        will substantially assist in resolving the case.
            ``(3) Report.--If the Secretary of State determines to 
        delay an action pursuant to paragraph (2) or decides not to 
        take any action described in subsection (d) or (e) of section 
        202 after making the determination described in paragraph (1), 
        the Secretary shall provide a report to the appropriate 
        congressional committees, not later than 15 days after such 
        delay or decision, that describes the reasons for such delay or 
        decision.
            ``(4) Congressional briefings.--At the request of the 
        appropriate congressional committees, the Secretary of State 
        shall provide a briefing, including a written report, if 
        requested, on actions taken to resolve a case or the cause for 
        delay.''.
            (2) By amending subsection (c) to read as follows:
    ``(c) Implementation.--
            ``(1) Sense of congress.--In carrying out subsection (b), 
        the Secretary of State should--
                    ``(A) take 3 or more actions pursuant to 
                subparagraph (A) of subsection (b)(1) that most 
                appropriately respond to the nature and severity of the 
                governmental failure to resolve the unresolved 
                abduction case; and
                    ``(B) seek, to the fullest extent possible--
                            ``(i) to initially respond to such a 
                        failure by communicating with the Central 
                        Authority of the country; and
                            ``(ii) if such communication is 
                        unsuccessful in addressing the failure, to 
                        target subsequent actions--
                                    ``(I) as narrowly as practicable, 
                                with respect to the agencies or 
                                instrumentalities of the foreign 
                                government that are responsible for 
                                such failures; and
                                    ``(II) in ways that respect the 
                                separation of powers and independence 
                                of the judiciary of the foreign 
                                country, as applicable.
            ``(2) Additional guidelines for actions under section 
        202.--In addition to the guidelines under paragraph (1), in 
        determining whether to take 1 or more actions under paragraphs 
        (5) through (7) of section 202(d) or section 202(e) pursuant to 
        subparagraph (A) of subsection (b)(1), the Secretary of State 
        shall seek to minimize any adverse impact on--
                    ``(A) the population of the country the government 
                of which 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.''.
            (3) By adding at the end the following:
    ``(d) Action in the Case of Abducted Children Who Reach the Age of 
16.--When an individual who is an abducted child attains 16 years of 
age, a consular officer from a United States diplomatic mission in the 
country in which such individual resides shall, until either the parent 
seeking assistance or the individual (after attaining 18 years of age) 
requests the officer to cease, annually--
            ``(1) attempt to contact such individual, engaging other 
        agencies and foreign counterparts as necessary to obtain a 
        verified location;
            ``(2) advise such individual of applicable rights under 
        section 51.28 of title 22, Code of Federal Regulations, 
        including with respect to executing an application for a 
        passport on the individual's own behalf; and
            ``(3) advise such individual of applicable rights under 
        sections 3301 through 3327 of title 38, United States Code.''.

SEC. 7. AMENDMENTS TO ACTIONS IN RESPONSE TO PATTERNS OF NONCOMPLIANCE.

    Section 202 of the Sean and David Goldman International Child 
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9122) is amended 
as follows:
            (1) In the section heading, by striking ``by the secretary 
        of state''.
            (2) In subsection (c)--
                    (A) in the heading, by striking ``by the Secretary 
                of State''; and
                    (B) by amending paragraph (4) to read as follows:
            ``(4) Reports.--
                    ``(A) In general.--Not later than 90 days after the 
                submission of the Annual Report, the Secretary of State 
                shall submit a report to Congress on the specific 
                actions taken against countries determined to have 
                engaged in a pattern of noncompliance under this 
                section.
                    ``(B) Briefing.--The Secretary of State shall 
                annually brief the appropriate congressional committees 
                on the report described in subparagraph (A).''.
            (3) In subsection (d), by striking ``subsection (f)'' and 
        inserting ``subsection (g)''.
            (4) In subsection (e), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--Except as provided in subsection (g), 
        the Secretary of State may substitute any other action 
        authorized by law for any action described in subsection (d) if 
        the Secretary determines that such action--
                    ``(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 of State shall 
        submit to the appropriate congressional committees a report 
        that--
                    ``(A) describes such action;
                    ``(B) explains the reasons for taking such action; 
                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.''.
            (5) By inserting the following new subsections after 
        subsection (g):
    ``(h) Study on International Parental Child Abduction.--
            ``(1) Study required.--Not later than 1 year after the date 
        of the enactment of this subsection, the Secretary of State 
        shall seek to enter into an agreement with an appropriate 
        nongovernmental organization to study and publish a report on 
        the grave harm to abducted children and left-behind parents as 
        a result of international parental child abduction.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated $1,000,000 for each of fiscal years 2023 and 
        2024 to carry out the study described in paragraph (1).
            ``(3) Appropriate nongovernmental organization.--In this 
        subsection, the term `appropriate nongovernmental organization' 
        means a nongovernmental organization that has significant 
        expertise in the trauma associated with international parental 
        abductions.
    ``(i) Audit of Efforts.--The Secretary of State shall perform an 
annual audit of the efforts of the Department of State to monitor and 
combat international child abductions. Upon the completion of the first 
such audit, the Secretary shall submit to the appropriate congressional 
committees the results of the audit, specifically describing the 
effects of actions taken under subsections (d) and (e).
    ``(j) Report.--Not later than 90 days after the Secretary of State 
submits the first Annual Report required to be submitted after the date 
of the enactment of this subsection, the Secretary of State shall 
submit to the appropriate committees a report that contains the 
following:
            ``(1) A description of the activities undertaken to conduct 
        the study required by subsection (h).
            ``(2) An update on the progress of the audit required by 
        subsection (i).''.

SEC. 8. AMENDMENTS RELATING TO TRAINING.

    Title III of the Sean and David Goldman International Child 
Abduction Prevention and Return Act of 2014 is amended--
            (1) by repealing section 301;
            (2) by redesignating section 302 (as amended by subsection 
        (a)) as section 301; and
            (3) by adding at the end the following:

``SEC. 302. ADDITIONAL INTERNATIONAL PARENTAL CHILD ABDUCTION TRAINING.

    ``(a) In General.--The Secretary of State shall make training 
available on international parental child abductions to domestic and 
foreign professionals employed in the judicial, family court, or law 
enforcement professions.
    ``(b) Authorizations of Appropriations.--There is authorized to be 
appropriated $1,000,000 for each fiscal year to carry out the training 
described in subsection (a).''.

SEC. 9. MODIFICATIONS TO THE OFFICE OF CHILDREN'S ISSUES OF THE 
              DEPARTMENT OF STATE.

    (a) Establishment of United States Ambassador-at-Large To Monitor 
and Combat Child Abductions.--Section 201(a) of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001 (22 U.S.C. 9009) is amended to read as follows:
    ``(a) Ambassador-at-Large To Monitor and Combat Child Abductions.--
            ``(1) Appointment.--The Office of Children's Issues of the 
        Department of State (in this section referred to as the 
        `Office') shall be led by an Ambassador-at-Large to Monitor and 
        Combat Child Abductions (in this section referred to as the 
        `Ambassador'), who shall be appointed by the President by and 
        with the advice and consent of the Senate and who shall report 
        directly to the Secretary of State.
            ``(2) Diplomatic representation.--Subject to the direction 
        of the President and the Secretary of State, the Ambassador is 
        authorized to represent the United States--
                    ``(A) in matters and cases relevant to child 
                abduction affairs, through--
                            ``(i) contacts with foreign governments, 
                        intergovernmental organizations, specialized 
                        agencies of the United Nations, and other 
                        international organizations of which the United 
                        States is a member; and
                            ``(ii) multilateral conferences and 
                        meetings relating to international child 
                        abductions; and
                    ``(B) in matters and cases relevant to inter-
                country adoptions.
            ``(3) Additional duties and responsibilities.--The 
        Ambassador shall also be responsible for carrying out the 
        duties and responsibilities assigned to the Secretary of State 
        under the Sean and David Goldman International Child Abduction 
        Prevention and Return Act of 2014 (22 U.S.C. 9101 et seq.).
            ``(4) Director requirements.--
                    ``(A) In general.--The Secretary of State shall 
                appoint to the position of Director of the Office of 
                the Department of State an individual described in 
                subparagraph (B) who can ensure long-term continuity in 
                the management and policy matters of the Office. Such 
                Director shall report directly to the Ambassador.
                    ``(B) Qualified appointees.--An individual 
                described in this subparagraph is an individual--
                            ``(i) of senior rank in the Department of 
                        State;
                            ``(ii) who is serving, at the time of the 
                        appointment, as a foreign affairs civil service 
                        officer; and
                            ``(iii) who has a strong background in 
                        consular affairs.
                    ``(C) Assignment of duties.--During any period in 
                which an Ambassador has not been appointed and 
                confirmed pursuant to paragraph (1), the Director of 
                the Office shall carry out all duties and 
                responsibilities otherwise assigned to the 
                Ambassador.''.
    (b) Expansion of Duties.--Section 201 of the Admiral James W. Nance 
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001 (22 U.S.C. 9009) is amended by adding at the end the 
following:
    ``(e) Formal Request Requirements.--
            ``(1) In general.--The Director of the Office shall ensure 
        that with respect to any abduction case relating to a non-
        Convention country, a formal request by the Central Authority 
        of the United States to the Central Authority of such country 
        for the return of the abducted child and for rights of contact 
        with the abducted child--
                    ``(A) is submitted within 30 days of a case being 
                opened by a parent with the Office; and
                    ``(B) is renewed, or the Central Authority of the 
                non-Convention country is otherwise appropriately re-
                engaged, every 90 days thereafter until the case is 
                resolved.
            ``(2) Accession to convention.--In the case of a case 
        relating to a non-Convention country that subsequently accedes 
        to the Hague Abduction Convention, the Director of the Office 
        shall ensure that a formal request described in paragraph (1) 
        that is submitted prior to such date of entry is renewed or re-
        submitted in accordance with the requirements of the 
        Convention, or the Central Authority of such country continues 
        to otherwise be appropriately re-engaged, and the case 
        continues to be pursued until resolved.
    ``(f) Assistance for Parents.--In addition to the matters described 
in subsection (d), the Director of the Office shall ensure that parents 
are provided--
            ``(1) information about domestic reporting and remedies, 
        the existence of humanitarian case assistance through Interpol, 
        and the availability of welfare and whereabout visits in 
        foreign countries;
            ``(2) assistance in--
                    ``(A) locating internationally abducted children, 
                including with respect to coordination between United 
                States and foreign law enforcement officials or other 
                foreign authorities;
                    ``(B) serving process on an abducting parent 
                through a diplomatic or consular post or through 
                engagement with United States officials at such posts;
                    ``(C) requesting in-person welfare and whereabout 
                visits to be conducted by a consular officer at a 
                diplomatic or consular post, including seeking 
                cooperation from the abducting parent or from 
                appropriate foreign authorities; and
                    ``(D) obtaining reports of the results of such 
                visits; and
            ``(3) liaison assistance with appropriate counterparts of 
        the Department of Justice to facilitate--
                    ``(A) the entry of a child into the National Crime 
                Information Center database;
                    ``(B) the issuance and maintenance of Interpol Red 
                or Yellow notices; and
                    ``(C) appropriate Federal criminal prosecution.
    ``(g) In-Person Welfare and Whereabouts Visits.--Upon receiving an 
one-time request from a parent, a consular officer at a diplomatic or 
consular post shall conduct in-person welfare and whereabout visits 
described in subsection (f)(2)(C) every 90 days. Such visits may be 
discontinued only upon the written notice to discontinue such visits at 
the election of the non-abducting parent.''.
    (c) Conforming Amendments.--Section 433 of the Homeland Security 
Act of 2002 (6 U.S.C. 241) is amended by striking ``Secretary of 
State'' each place it appears and inserting ``Secretary of State 
(acting through the Ambassador-at-Large to Monitor and Combat Child 
Abductions of the Department of State)''.
    (d) Sense of Congress.--It is the sense of Congress that, in 
addition to the authorities provided by the amendments made by this 
section, the Secretary of State, acting through the Ambassador-at-Large 
to Monitor and Combat Child Abductions, should exercise to the fullest 
extent all authorities available to the Secretary, such as through 
mutual legal assistance treaties and other bilateral or multilateral 
treaties and agreements, to--
            (1) repatriate abducted children; and
            (2) extradite abducting parents.

SEC. 10. INCREASING SENTENCING GUIDELINE FOR INTERNATIONAL PARENTAL 
              KIDNAPPING.

    Section 1204 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``3'' and inserting 
        ``10''; and
            (2) in subsection (b)(1), by striking ``16'' and inserting 
        ``18''.

SEC. 11. CLERICAL AMENDMENTS.

    (a) Waiver.--Section 204 of the Sean and David Goldman 
International Child Abduction Prevention and Return Act of 2014 (22 
U.S.C. 9124) is amended by striking the heading and inserting 
``waiver.''.
    (b) Termination of Actions.--Section 205 of the Sean and David 
Goldman International Child Abduction Prevention and Return Act of 2014 
(22 U.S.C. 9125) is amended by striking the heading and inserting 
``termination of actions.''.
    (c) Table of Contents.--Section 1(b) of the Sean and David Goldman 
International Child Abduction Prevention and Return Act of 2014 (22 
U.S.C. 9101 note) is amended to read as follows:
    ``(b) Table of Contents.--The table of contents for this Act is as 
follows:

``Sec. 1. Short title and table of contents.
``Sec. 2. Findings; sense of Congress; purposes.
``Sec. 3. Definitions.
                 ``TITLE I--DEPARTMENT OF STATE ACTIONS

``Sec. 101. Annual report.
``Sec. 102. Standards and assistance.
``Sec. 103. Bilateral procedures, including memoranda of understanding.
``Sec. 104. Report to congressional representatives.
             ``TITLE II--ACTIONS BY THE SECRETARY OF STATE

``Sec. 201. Response to international child abductions.
``Sec. 202. Actions in response to patterns of noncompliance in cases 
                            of international child abductions.
``Sec. 203. Consultations with foreign governments.
``Sec. 204. Waiver.
``Sec. 205. Termination of actions.
        ``TITLE III--PREVENTION OF INTERNATIONAL CHILD ABDUCTION

``Sec. 301. Authorization for judicial training on international 
                            parental child abduction.
``Sec. 302. Additional international parental child abduction 
                            training.''.

SEC. 12. EXPANDING NOTIFICATION REQUIREMENTS FOR MISSING CHILDREN.

    Subsection (a) of section 3701 of the Crime Control Act of 1990 (34 
U.S.C. 41307) is amended to read as follows:
    ``(a) Requirement.--
            ``(1) In general.--Each Federal, State, and local law 
        enforcement agency shall report each case of a missing child 
        under the age of 21 reported to such agency to the National 
        Crime Information Center of the Department of Justice, except 
        that in the case of an international parental child abduction, 
        such agency shall report the case to the Federal Bureau of 
        Investigation.
            ``(2) International parental child abductions.--
                    ``(A) Requirement on fbi.--In each case of 
                international parental child abduction, the Federal 
                Bureau of Investigation shall--
                            ``(i) report each case of a missing child 
                        under the age of 21 reported to such agency to 
                        the National Crime Information Center of the 
                        Department of Justice; and
                            ``(ii) request that the United States 
                        National Central Bureau, as the official United 
                        States representative to the International 
                        Criminal Police Organization (INTERPOL), issue 
                        a Yellow Notice.
                    ``(B) Application to previously abducted 
                children.--Not later than 30 days after the date of 
                enactment of the Bring Abducted Children Home 
                Amendments Act, for each covered international parental 
                child abduction--
                            ``(i) the Federal Bureau of Investigation 
                        shall comply with the requirements under 
                        subparagraph (A); and
                            ``(ii) the Office of Children's Issues 
                        shall provide information to left-behind 
                        parents of the resources and authorities 
                        available pursuant to the amendments made by 
                        such Act and assist them by liaising with the 
                        Department of Justice to ensure that the 
                        Federal Bureau of Investigations complies with 
                        the requirements under subparagraph (A).
                    ``(C) Removal from the ncic.--A child who is the 
                victim of an international parental child abduction who 
                is entered into the National Crime Information Center 
                database of the Department of Justice may not be 
                removed from such database until the child--
                            ``(i) is returned to the left-behind 
                        parent; or
                            ``(ii) after reaching the age of 21, 
                        requests their removal in person to a United 
                        States consular official or Federal law 
                        enforcement officer.
                    ``(D) INTERPOL yellow notice.--A Yellow Notice 
                issued by the United States National Central Bureau 
                with respect to a child who is the victim of an 
                international parental abduction shall remain active 
                until the child--
                            ``(i) is returned to the left-behind 
                        parent; or
                            ``(ii) after reaching the age of 21, 
                        requests their removal in person to a United 
                        States consular official or Federal law 
                        enforcement officer.
            ``(3) Definitions.--In this subsection:
                    ``(A) The term `international parental child 
                abduction' has the meaning given the term `abduction' 
                in section 3 of the Sean and David Goldman 
                International Child Abduction Prevention and Return Act 
                of 2014 (22 U.S.C. 9101), to the extent that the 
                perpetrator of such abduction is a parent of the child.
                    ``(B) The term `left-behind parent' has the meaning 
                given such term in section 3 of the Sean and David 
                Goldman International Child Abduction Prevention and 
                Return Act of 2014 (22 U.S.C. 9101).
                    ``(C) The term `covered international parental 
                child abduction' means an international parental child 
                abduction--
                            ``(i) that occurred prior to the date of 
                        enactment of the Bring Abducted Children Home 
                        Amendments Act--
                                    ``(I) with respect to which 
                                paragraph (1) would apply if such 
                                abduction were to have occurred on or 
                                after the date of enactment of such 
                                Act; or
                                    ``(II) that was reported to the 
                                Office of Children's Issues of the 
                                Department of State; and
                            ``(ii) with respect to which the child who 
                        was abducted has not been returned to the left-
                        behind parent.''.

SEC. 13. LEGAL EXPENSE GRANTS FOR VICTIMS OF INTERNATIONAL PARENTAL 
              CHILD ABDUCTION.

    Section 1403 of the Victims of Crime Act of 1984 (34 U.S.C. 20102) 
is amended--
            (1) in subsection (b)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``including drunk driving and domestic 
                violence'' and inserting ``including international 
                parental child abduction, drunk driving, and domestic 
                violence'';
                    (B) in subparagraph (B), by striking ``and'' at the 
                end;
                    (C) in subparagraph (C), by adding ``and'' at the 
                end; and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) legal expenses in United States and foreign 
                countries attributable to efforts to repatriate a 
                victim of international parental child abduction 
                resulting from a compensable crime;'';
            (2) in subsection (d)--
                    (A) in paragraph (3), by inserting ``that 
                constitute international parental child abduction,'' 
                after ``that are described in section 247 of title 18, 
                United States Code,'';
                    (B) in paragraph (4), by striking ``and'' at the 
                end;
                    (C) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(6) the term `international parental child abduction' has 
        the meaning given such term in section 3701 of the Crime 
        Control Act of 1990 (34 U.S.C. 41307)); and
            ``(7) the term `left-behind parent' has the meaning given 
        such term in section 3 of the Sean and David Goldman 
        International Child Abduction Prevention and Return Act of 2014 
        (22 U.S.C. 9101).''; and
            (3) by adding at the end the following:
    ``(f) Rule of Construction.--For purposes of this section, a left-
behind parent shall be considered a victim of international parental 
child abduction.''.
                                 <all>