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H.R. 3212Became Law

Sean and David Goldman International Child Abduction Prevention and Return Act of 2014

(This measure has not been amended since it was reported to the Senate on June 26, 2014. The summary of that version is repeated here.)

Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 - (Sec. 2) Expresses the sense of Congress that the United States should set a strong example for other countries under the Hague Convention on the Civil Aspects of International Child Abduction (Convention) in the resolution of cases involving children abducted abroad and brought to the United States.

Title I: Department of State Actions - (Sec. 101) Directs the Secretary of State (Secretary) to submit to Congress an Annual Report on International Child Abduction, which shall determine whether each listed country has engaged in a pattern of noncompliance in cases of child abduction during the preceding 12 months.

(Sec. 102) Directs the Secretary to:

  • ensure that U.S. diplomatic and consular missions maintain a consistent reporting standard for abduction or access cases, designate at least one official in each mission to assist visiting U.S. parents resolve such cases, and monitor abduction cases; and
  • implement strategic plans for engagement with any Convention or non-Convention country in which there are five or more cases of international child abduction.

(Sec. 103) Directs the Secretary to:

  • enter into bilateral procedures, including memoranda of understanding, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Convention entered into force with respect to the United States or that country; and
  • give priority to countries with significant abduction cases.

(Sec. 104) Directs the Secretary to notify the Member of Congress and Senators (or Resident Commissioner or Delegate, as appropriate) representing the legal residence of a left-behind parent when that parent reports an abduction to the Central Authority of the United States and consents to such notification.

Title II: Actions by the Secretary of State - (Sec. 201) States that it is U.S. policy to:

  • promote the best interest of children abducted from the United States by establishing legal rights and procedures for their prompt return, and ensuring enforcement of reciprocal obligations under the Hague Abduction Convention or under bilateral arrangements;
  • promote timely resolution of abduction cases; and
  • ensure appropriate federal, state, and local coordination among agencies involved in abduction prevention.

Directs the Secretary, for each abduction or access case relating to a child with a habitual residence in the United States that remains unresolved 12 months after the Central Authority of the United States submits the case to a foreign country, to: (1) determine whether such government has failed to take appropriate steps to resolve the case; and, if so, (2) take one or more actions specified under this Act, and direct the Chief of Mission in such country to address the case with senior government officials.

Authorizes the Secretary to: (1) delay any such action for up to one year to assist in resolving the case, and (2) submit a related report to Congress.

Urges the Secretary, in carrying out activities related to unresolved abductions, to:

  • take actions that most appropriately respond to the nature and severity of the governmental failure to resolve the unresolved abduction case;
  • initially respond by communicating with the country's Central Authority, and if unsuccessful, target subsequent actions as narrowly as practicable and in ways that respect the country's separation of powers and judicial independence; and
  • seek to minimize any adverse impact on the population of the targeted country, the humanitarian activities of the United States and nongovernmental organizations, and U.S. national security interests.

(Sec. 202) States that it is U.S. policy to:

  • oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Convention or bilateral procedures to resolve abduction and access cases;
  • promote reciprocity pursuant to the Convention or bilateral procedures; and
  • engage with senior foreign government officials to address patterns of noncompliance.

Directs the Secretary to: (1) review the status of abduction and access cases in each foreign country to determine whether the government has engaged in a pattern of noncompliance during the preceding 12 months, and (2) determine the responsible government agencies or instrumentalities.

Directs the Secretary, with respect to a country with a pattern of noncompliance, to:

  • take actions specified under this Act,
  • direct the Chief of Mission in the country to address such systemic problems, and
  • inform senior government officials of the potential repercussions related to the noncompliant designation.

Declares that the Secretary shall not be required to take such actions for up to 90 days if the Secretary certifies to Congress that the additional period is necessary: (1) to continue negotiations with, or review corrective action taken by, the country; or (2) because the country will take corrective action within such 90-day period.

Directs the Secretary to report to Congress on the specific actions taken against countries determined to have been engaged in a pattern of noncompliance.

Sets forth the following actions to be taken in instances of patterns of noncompliance:

  • a demarche (a diplomatic request or intercession with a foreign official or a protest about a government's policy or actions);
  • an official public statement detailing unresolved cases;
  • a public condemnation;
  • a delay or cancellation of one or more bilateral working, official, or state visits;
  • the withdrawal, limitation, or suspension of U.S. development or security assistance, or assistance to a central government;
  • a formal request to a foreign country to extradite an individual who is engaged in abduction and who has been formally accused of, charged with, or convicted of an extraditable offense; or
  • other commensurate actions.

States that any such action may not prohibit or restrict the provision of humanitarian assistance.

(Sec. 203) Directs the Secretary to request consultations with the government of a country regarding the situation giving rise to a determination under section 201 or an action under section 202 of this Act.

(Sec. 204) Authorizes the Secretary to waive any section 202 actions if the Secretary certifies to Congress that: (1) the government of such country has resolved the relevant abduction cases, or has ended the pattern of noncompliance; or (2) U.S. national security interests require the waiver.

(Sec. 205) States that any action taken under this Act with respect to a foreign country shall terminate on the date on which the Secretary certifies to Congress that the country's government: (1) has resolved any relevant abduction case, or (2) has taken verifiable steps to correct the pattern of noncompliance that gave rise to such action.

Title III: Prevention of International Child Abduction - (Sec. 301) Amends the the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP), to establish a program that: (1) prevents a child from leaving U.S. territory if the child's parent or legal guardian presents a court order to a CBP officer in time to prevent such departure, and (2) leverages other existing authorities to address the wrongful removal and return of a child.

Directs the Secretary to convene and chair an interagency working group to prevent international parental child abduction.

(Sec. 302) Directs the Secretary to: (1) provide training on the handling of parental abduction cases to the judicial and administrative authorities in countries that have a significant number of unresolved abduction cases or that have been designated as having a pattern of noncompliance, and (2) submit a strategy to Congress for carrying out such activities.

Authorizes FY2015-FY2016 appropriations.

Became Public Law No: 113-150.

Rep. Smith, Christopher H. [R-NJ-4](R-NJ)Sponsor
31 cosponsors17 D14 R
31cosponsors2committees31actions1related bills18subjects
  • Enrolled Bill
  • Engrossed Amendment SenateJul 16, 2014
  • Reported to SenateJun 26, 2014
  • Referred in SenateDec 17, 2013
  • Engrossed in HouseDec 11, 2013
  • Introduced in HouseSep 28, 2013
  • Public LawAug 9, 2014
  1. President

    Became Public Law No: 113-150.

  2. BecameLaw36000

    Became Public Law No: 113-150.

  3. President

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. Floor

    Presented to President.

  6. President28000

    Presented to President.

  7. ResolvingDifferencesH41931

    Motion to reconsider laid on the table Agreed to without objection.

  8. ResolvingDifferencesH41610

    On motion that the House agree to the Senate amendment Agreed to without objection. (text as House agreed to Senate amendment: CR H6839-6843)

  9. NotUsed19500

    Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to without objection.(text as House agreed to Senate amendment: CR H6839-6843)

  10. ResolvingDifferencesH40110

    Mr. Smith (NJ) asked unanimous consent to take from the Speaker's table and agree to the Senate amendment. (consideration: CR H6839-6843)

  11. Floor

    Message on Senate action sent to the House.

  12. Floor

    Passed Senate with an amendment by Voice Vote. (consideration: CR S4563-4567; text as passed Senate: CR S4563-4567)

  13. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.(consideration: CR S4563-4567; text as passed Senate: CR S4563-4567)

  14. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 450.

  15. Committee

    Committee on Foreign Relations. Reported by Senator Menendez with an amendment in the nature of a substitute. With written report No. 113-204.

  16. Committee14000

    Committee on Foreign Relations. Reported by Senator Menendez with an amendment in the nature of a substitute. With written report No. 113-204.

  17. Committee

    Committee on Foreign Relations. Ordered to be reported with an amendment favorably.

  18. IntroReferral

    Read twice and referred to the Committee on Foreign Relations.

  19. IntroReferral

    Received in the Senate.

  20. FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 398 - 0 (Roll no. 635). (text: CR H7642-7646)

  21. Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 398 - 0 (Roll no. 635).(text: CR H7642-7646)

  22. FloorH30000

    Considered as unfinished business. (consideration: CR H7668)

  23. FloorH37220

    At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  24. FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 3212.

  25. FloorH30000

    Considered under suspension of the rules. (consideration: CR H7642-7650)

  26. FloorH30300

    Mr. Royce moved to suspend the rules and pass the bill, as amended.

  27. Committee

    Ordered to be Reported (Amended) by Unanimous Consent.

  28. Committee

    Committee Consideration and Mark-up Session Held.

  29. IntroReferralH11100

    Referred to the House Committee on Foreign Affairs.

  30. IntroReferralIntro-H

    Introduced in House

  31. IntroReferral1000

    Introduced in House

Aug 8, 201449

(This measure has not been amended since it was reported to the Senate on June 26, 2014. The summary of that version is repeated here.)

Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 - (Sec. 2) Expresses the sense of Congress that the United States should set a strong example for other countries under the Hague Convention on the Civil Aspects of International Child Abduction (Convention) in the resolution of cases involving children abducted abroad and brought to the United States.

Title I: Department of State Actions - (Sec. 101) Directs the Secretary of State (Secretary) to submit to Congress an Annual Report on International Child Abduction, which shall determine whether each listed country has engaged in a pattern of noncompliance in cases of child abduction during the preceding 12 months.

(Sec. 102) Directs the Secretary to:

  • ensure that U.S. diplomatic and consular missions maintain a consistent reporting standard for abduction or access cases, designate at least one official in each mission to assist visiting U.S. parents resolve such cases, and monitor abduction cases; and
  • implement strategic plans for engagement with any Convention or non-Convention country in which there are five or more cases of international child abduction.

(Sec. 103) Directs the Secretary to:

  • enter into bilateral procedures, including memoranda of understanding, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Convention entered into force with respect to the United States or that country; and
  • give priority to countries with significant abduction cases.

(Sec. 104) Directs the Secretary to notify the Member of Congress and Senators (or Resident Commissioner or Delegate, as appropriate) representing the legal residence of a left-behind parent when that parent reports an abduction to the Central Authority of the United States and consents to such notification.

Title II: Actions by the Secretary of State - (Sec. 201) States that it is U.S. policy to:

  • promote the best interest of children abducted from the United States by establishing legal rights and procedures for their prompt return, and ensuring enforcement of reciprocal obligations under the Hague Abduction Convention or under bilateral arrangements;
  • promote timely resolution of abduction cases; and
  • ensure appropriate federal, state, and local coordination among agencies involved in abduction prevention.

Directs the Secretary, for each abduction or access case relating to a child with a habitual residence in the United States that remains unresolved 12 months after the Central Authority of the United States submits the case to a foreign country, to: (1) determine whether such government has failed to take appropriate steps to resolve the case; and, if so, (2) take one or more actions specified under this Act, and direct the Chief of Mission in such country to address the case with senior government officials.

Authorizes the Secretary to: (1) delay any such action for up to one year to assist in resolving the case, and (2) submit a related report to Congress.

Urges the Secretary, in carrying out activities related to unresolved abductions, to:

  • take actions that most appropriately respond to the nature and severity of the governmental failure to resolve the unresolved abduction case;
  • initially respond by communicating with the country's Central Authority, and if unsuccessful, target subsequent actions as narrowly as practicable and in ways that respect the country's separation of powers and judicial independence; and
  • seek to minimize any adverse impact on the population of the targeted country, the humanitarian activities of the United States and nongovernmental organizations, and U.S. national security interests.

(Sec. 202) States that it is U.S. policy to:

  • oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Convention or bilateral procedures to resolve abduction and access cases;
  • promote reciprocity pursuant to the Convention or bilateral procedures; and
  • engage with senior foreign government officials to address patterns of noncompliance.

Directs the Secretary to: (1) review the status of abduction and access cases in each foreign country to determine whether the government has engaged in a pattern of noncompliance during the preceding 12 months, and (2) determine the responsible government agencies or instrumentalities.

Directs the Secretary, with respect to a country with a pattern of noncompliance, to:

  • take actions specified under this Act,
  • direct the Chief of Mission in the country to address such systemic problems, and
  • inform senior government officials of the potential repercussions related to the noncompliant designation.

Declares that the Secretary shall not be required to take such actions for up to 90 days if the Secretary certifies to Congress that the additional period is necessary: (1) to continue negotiations with, or review corrective action taken by, the country; or (2) because the country will take corrective action within such 90-day period.

Directs the Secretary to report to Congress on the specific actions taken against countries determined to have been engaged in a pattern of noncompliance.

Sets forth the following actions to be taken in instances of patterns of noncompliance:

  • a demarche (a diplomatic request or intercession with a foreign official or a protest about a government's policy or actions);
  • an official public statement detailing unresolved cases;
  • a public condemnation;
  • a delay or cancellation of one or more bilateral working, official, or state visits;
  • the withdrawal, limitation, or suspension of U.S. development or security assistance, or assistance to a central government;
  • a formal request to a foreign country to extradite an individual who is engaged in abduction and who has been formally accused of, charged with, or convicted of an extraditable offense; or
  • other commensurate actions.

States that any such action may not prohibit or restrict the provision of humanitarian assistance.

(Sec. 203) Directs the Secretary to request consultations with the government of a country regarding the situation giving rise to a determination under section 201 or an action under section 202 of this Act.

(Sec. 204) Authorizes the Secretary to waive any section 202 actions if the Secretary certifies to Congress that: (1) the government of such country has resolved the relevant abduction cases, or has ended the pattern of noncompliance; or (2) U.S. national security interests require the waiver.

(Sec. 205) States that any action taken under this Act with respect to a foreign country shall terminate on the date on which the Secretary certifies to Congress that the country's government: (1) has resolved any relevant abduction case, or (2) has taken verifiable steps to correct the pattern of noncompliance that gave rise to such action.

Title III: Prevention of International Child Abduction - (Sec. 301) Amends the the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP), to establish a program that: (1) prevents a child from leaving U.S. territory if the child's parent or legal guardian presents a court order to a CBP officer in time to prevent such departure, and (2) leverages other existing authorities to address the wrongful removal and return of a child.

Directs the Secretary to convene and chair an interagency working group to prevent international parental child abduction.

(Sec. 302) Directs the Secretary to: (1) provide training on the handling of parental abduction cases to the judicial and administrative authorities in countries that have a significant number of unresolved abduction cases or that have been designated as having a pattern of noncompliance, and (2) submit a strategy to Congress for carrying out such activities.

Authorizes FY2015-FY2016 appropriations.

Jul 16, 201435

(This measure has not been amended since it was reported to the Senate on June 26, 2014. The summary of that version is repeated here.)

Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 - (Sec. 2) Expresses the sense of Congress that the United States should set a strong example for other countries under the Hague Convention on the Civil Aspects of International Child Abduction (Convention) in the resolution of cases involving children abducted abroad and brought to the United States.

Title I: Department of State Actions - (Sec. 101) Directs the Secretary of State (Secretary) to submit to Congress an Annual Report on International Child Abduction, which shall determine whether each listed country has engaged in a pattern of noncompliance in cases of child abduction during the preceding 12 months.

(Sec. 102) Directs the Secretary to:

  • ensure that U.S. diplomatic and consular missions maintain a consistent reporting standard for abduction or access cases, designate at least one official in each mission to assist visiting U.S. parents resolve such cases, and monitor abduction cases; and
  • implement strategic plans for engagement with any Convention or non-Convention country in which there are five or more cases of international child abduction.

(Sec. 103) Directs the Secretary to:

  • enter into bilateral procedures, including memoranda of understanding, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Convention entered into force with respect to the United States or that country; and
  • give priority to countries with significant abduction cases.

(Sec. 104) Directs the Secretary to notify the Member of Congress and Senators (or Resident Commissioner or Delegate, as appropriate) representing the legal residence of a left-behind parent when that parent reports an abduction to the Central Authority of the United States and consents to such notification.

Title II: Actions by the Secretary of State - (Sec. 201) States that it is U.S. policy to:

  • promote the best interest of children abducted from the United States by establishing legal rights and procedures for their prompt return, and ensuring enforcement of reciprocal obligations under the Hague Abduction Convention or under bilateral arrangements;
  • promote timely resolution of abduction cases; and
  • ensure appropriate federal, state, and local coordination among agencies involved in abduction prevention.

Directs the Secretary, for each abduction or access case relating to a child with a habitual residence in the United States that remains unresolved 12 months after the Central Authority of the United States submits the case to a foreign country, to: (1) determine whether such government has failed to take appropriate steps to resolve the case; and, if so, (2) take one or more actions specified under this Act, and direct the Chief of Mission in such country to address the case with senior government officials.

Authorizes the Secretary to: (1) delay any such action for up to one year to assist in resolving the case, and (2) submit a related report to Congress.

Urges the Secretary, in carrying out activities related to unresolved abductions, to:

  • take actions that most appropriately respond to the nature and severity of the governmental failure to resolve the unresolved abduction case;
  • initially respond by communicating with the country's Central Authority, and if unsuccessful, target subsequent actions as narrowly as practicable and in ways that respect the country's separation of powers and judicial independence; and
  • seek to minimize any adverse impact on the population of the targeted country, the humanitarian activities of the United States and nongovernmental organizations, and U.S. national security interests.

(Sec. 202) States that it is U.S. policy to:

  • oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Convention or bilateral procedures to resolve abduction and access cases;
  • promote reciprocity pursuant to the Convention or bilateral procedures; and
  • engage with senior foreign government officials to address patterns of noncompliance.

Directs the Secretary to: (1) review the status of abduction and access cases in each foreign country to determine whether the government has engaged in a pattern of noncompliance during the preceding 12 months, and (2) determine the responsible government agencies or instrumentalities.

Directs the Secretary, with respect to a country with a pattern of noncompliance, to:

  • take actions specified under this Act,
  • direct the Chief of Mission in the country to address such systemic problems, and
  • inform senior government officials of the potential repercussions related to the noncompliant designation.

Declares that the Secretary shall not be required to take such actions for up to 90 days if the Secretary certifies to Congress that the additional period is necessary: (1) to continue negotiations with, or review corrective action taken by, the country; or (2) because the country will take corrective action within such 90-day period.

Directs the Secretary to report to Congress on the specific actions taken against countries determined to have been engaged in a pattern of noncompliance.

Sets forth the following actions to be taken in instances of patterns of noncompliance:

  • a demarche (a diplomatic request or intercession with a foreign official or a protest about a government's policy or actions);
  • an official public statement detailing unresolved cases;
  • a public condemnation;
  • a delay or cancellation of one or more bilateral working, official, or state visits;
  • the withdrawal, limitation, or suspension of U.S. development or security assistance, or assistance to a central government;
  • a formal request to a foreign country to extradite an individual who is engaged in abduction and who has been formally accused of, charged with, or convicted of an extraditable offense; or
  • other commensurate actions.

States that any such action may not prohibit or restrict the provision of humanitarian assistance.

(Sec. 203) Directs the Secretary to request consultations with the government of a country regarding the situation giving rise to a determination under section 201 or an action under section 202 of this Act.

(Sec. 204) Authorizes the Secretary to waive any section 202 actions if the Secretary certifies to Congress that: (1) the government of such country has resolved the relevant abduction cases, or has ended the pattern of noncompliance; or (2) U.S. national security interests require the waiver.

(Sec. 205) States that any action taken under this Act with respect to a foreign country shall terminate on the date on which the Secretary certifies to Congress that the country's government: (1) has resolved any relevant abduction case, or (2) has taken verifiable steps to correct the pattern of noncompliance that gave rise to such action.

Title III: Prevention of International Child Abduction - (Sec. 301) Amends the the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP), to establish a program that: (1) prevents a child from leaving U.S. territory if the child's parent or legal guardian presents a court order to a CBP officer in time to prevent such departure, and (2) leverages other existing authorities to address the wrongful removal and return of a child.

Directs the Secretary to convene and chair an interagency working group to prevent international parental child abduction.

(Sec. 302) Directs the Secretary to: (1) provide training on the handling of parental abduction cases to the judicial and administrative authorities in countries that have a significant number of unresolved abduction cases or that have been designated as having a pattern of noncompliance, and (2) submit a strategy to Congress for carrying out such activities.

Authorizes FY2015-FY2016 appropriations.

Jun 26, 20141

Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 - (Sec. 2) Expresses the sense of Congress that the United States should set a strong example for other countries under the Hague Convention on the Civil Aspects of International Child Abduction (Convention) in the resolution of cases involving children abducted abroad and brought to the United States.

Title I: Department of State Actions - (Sec. 101) Directs the Secretary of State (Secretary) to submit to Congress an Annual Report on International Child Abduction, which shall determine whether each listed country has engaged in a pattern of noncompliance in cases of child abduction during the preceding 12 months.

(Sec. 102) Directs the Secretary to:

  • ensure that U.S. diplomatic and consular missions maintain a consistent reporting standard for abduction or access cases, designate at least one official in each mission to assist visiting U.S. parents resolve such cases, and monitor abduction cases; and
  • implement strategic plans for engagement with any Convention or non-Convention country in which there are five or more cases of international child abduction.

(Sec. 103) Directs the Secretary to:

  • enter into bilateral procedures, including memoranda of understanding, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Convention entered into force with respect to the United States or that country; and
  • give priority to countries with significant abduction cases.

(Sec. 104) Directs the Secretary to notify the Member of Congress and Senators (or Resident Commissioner or Delegate, as appropriate) representing the legal residence of a left-behind parent when that parent reports an abduction to the Central Authority of the United States and consents to such notification.

Title II: Actions by the Secretary of State - (Sec. 201) States that it is U.S. policy to:

  • promote the best interest of children abducted from the United States by establishing legal rights and procedures for their prompt return, and ensuring enforcement of reciprocal obligations under the Hague Abduction Convention or under bilateral arrangements;
  • promote timely resolution of abduction cases; and
  • ensure appropriate federal, state, and local coordination among agencies involved in abduction prevention.

Directs the Secretary, for each abduction or access case relating to a child with a habitual residence in the United States that remains unresolved 12 months after the Central Authority of the United States submits the case to a foreign country, to: (1) determine whether such government has failed to take appropriate steps to resolve the case; and, if so, (2) take one or more actions specified under this Act, and direct the Chief of Mission in such country to address the case with senior government officials.

Authorizes the Secretary to: (1) delay any such action for up to one year to assist in resolving the case, and (2) submit a related report to Congress.

Urges the Secretary, in carrying out activities related to unresolved abductions, to:

  • take actions that most appropriately respond to the nature and severity of the governmental failure to resolve the unresolved abduction case;
  • initially respond by communicating with the country's Central Authority, and if unsuccessful, target subsequent actions as narrowly as practicable and in ways that respect the country's separation of powers and judicial independence; and
  • seek to minimize any adverse impact on the population of the targeted country, the humanitarian activities of the United States and nongovernmental organizations, and U.S. national security interests.

(Sec. 202) States that it is U.S. policy to:

  • oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Convention or bilateral procedures to resolve abduction and access cases;
  • promote reciprocity pursuant to the Convention or bilateral procedures; and
  • engage with senior foreign government officials to address patterns of noncompliance.

Directs the Secretary to: (1) review the status of abduction and access cases in each foreign country to determine whether the government has engaged in a pattern of noncompliance during the preceding 12 months, and (2) determine the responsible government agencies or instrumentalities.

Directs the Secretary, with respect to a country with a pattern of noncompliance, to:

  • take actions specified under this Act,
  • direct the Chief of Mission in the country to address such systemic problems, and
  • inform senior government officials of the potential repercussions related to the noncompliant designation.

Declares that the Secretary shall not be required to take such actions for up to 90 days if the Secretary certifies to Congress that the additional period is necessary: (1) to continue negotiations with, or review corrective action taken by, the country; or (2) because the country will take corrective action within such 90-day period.

Directs the Secretary to report to Congress on the specific actions taken against countries determined to have been engaged in a pattern of noncompliance.

Sets forth the following actions to be taken in instances of patterns of noncompliance:

  • a demarche (a diplomatic request or intercession with a foreign official or a protest about a government's policy or actions);
  • an official public statement detailing unresolved cases;
  • a public condemnation;
  • a delay or cancellation of one or more bilateral working, official, or state visits;
  • the withdrawal, limitation, or suspension of U.S. development or security assistance, or assistance to a central government;
  • a formal request to a foreign country to extradite an individual who is engaged in abduction and who has been formally accused of, charged with, or convicted of an extraditable offense; or
  • other commensurate actions.

States that any such action may not prohibit or restrict the provision of humanitarian assistance.

(Sec. 203) Directs the Secretary to request consultations with the government of a country regarding the situation giving rise to a determination under section 201 or an action under section 202 of this Act.

(Sec. 204) Authorizes the Secretary to waive any section 202 actions if the Secretary certifies to Congress that: (1) the government of such country has resolved the relevant abduction cases, or has ended the pattern of noncompliance; or (2) U.S. national security interests require the waiver.

(Sec. 205) States that any action taken under this Act with respect to a foreign country shall terminate on the date on which the Secretary certifies to Congress that the country's government: (1) has resolved any relevant abduction case, or (2) has taken verifiable steps to correct the pattern of noncompliance that gave rise to such action.

Title III: Prevention of International Child Abduction - (Sec. 301) Amends the the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP), to establish a program that: (1) prevents a child from leaving U.S. territory if the child's parent or legal guardian presents a court order to a CBP officer in time to prevent such departure, and (2) leverages other existing authorities to address the wrongful removal and return of a child.

Directs the Secretary to convene and chair an interagency working group to prevent international parental child abduction.

(Sec. 302) Directs the Secretary to: (1) provide training on the handling of parental abduction cases to the judicial and administrative authorities in countries that have a significant number of unresolved abduction cases or that have been designated as having a pattern of noncompliance, and (2) submit a strategy to Congress for carrying out such activities.

Authorizes FY2015-FY2016 appropriations.

Dec 11, 201336

Sean and David Goldman International Child Abduction Prevention and Return Act of 2013 - (Sec. 2) Expresses the sense of Congress that the United States should set a strong example for 1980 Hague Convention on the Civil Aspects of International Child Abduction (Convention) countries in the timely location and return of abducted children in the United States whose habitual residence is not the United States.

(Sec. 3) Defines specified terms for purposes of this Act.

Title I: Department of State Actions - (Sec. 101) Directs the Secretary of State to submit to Congress an Annual Report on International Child Abduction.

(Sec. 102) Directs the Secretary to ensure that U.S. diplomatic and consular missions: (1) maintain a consistent reporting standard with respect to abduction or access cases, (2) designate at least one official in each mission to assist U.S. parents who are visiting to resolve such cases, and (3) monitor cases involving abducted children in their country of location.

(Sec. 103) Directs the Secretary to seek to enter into a memorandum of understanding (an agreement between the United States and a country that is not a Convention country to resolve abduction and rights of access cases) with every country that is not a Convention country.

(Sec. 104) Directs the Secretary of State to notify the Member of Congress and Senators representing the legal residence of a left-behind parent when that parent reports an abduction to the Central Authority of the United States unless the left-behind parent does not consent to such notification.

Title II: Presidential Actions - (Sec. 201) States that it shall be U.S. policy to: (1) promote the best interest of children abducted from the United States by establishing legal rights and procedures for their prompt return, and (2) recognize the international character of the Convention.

Directs the President, upon a determination that the government of a foreign country has failed to resolve an abduction or access case or has engaged in a pattern of noncooperation, to take one or more specified actions to promote resolution or cooperation.

(Sec. 202) States that it shall be U.S. policy to: (1) oppose systemic foreign government failures to fulfill obligations pursuant to the Convention or a memorandum of understanding (MOU) between the United States and a non-Convention country to resolve abduction and access cases, and (2) promote reciprocity pursuant to and compliance with the Convention or the applicable MOUs.

Directs the President, upon a determination that the government of a foreign country has engaged in a pattern of noncooperation, to take one or more specified actions to promote resolution or cooperation.

Directs the President to: (1) review annually the status of abduction cases and access cases in each foreign country to determine whether the country's government has engaged in a pattern of noncooperation during the preceding 12 months or since the last review, (2) designate each country whose government has engaged in a pattern of noncooperation as a Country With a Pattern of Noncooperation (Country), (3) target the responsible agencies or instrumentalities, and (4) notify Congress of such designations.

(Sec. 203) Directs the President to request consultation with the government of a country regarding its designation as a Country.

(Sec. 204) Directs the President to report to Congress regarding the violations and the actions to be taken with respect to a Country.

(Sec. 205) Sets forth presidential actions and waiver authority under this Act.

(Sec. 207) Directs the President to ensure publication in the Federal Register of: (1) Country designations, (2) presidential actions, (3) delays in report transmittal, and (4) waivers.

(Sec. 208) Terminates any action taken under this Act with respect to a foreign country on the earlier of the following two dates: (1) not later than two years after the effective date of such action unless expressly reauthorized by law, or (2) the date on which the President certifies to Congress that such country has resolved any unresolved abduction case or has taken substantial and verifiable steps to correct the pattern of noncooperation at issue.

Sep 28, 2013

Sean and David Goldman International Child Abduction Prevention and Return Act of 2013 - Directs the Secretary of State to submit to Congress an Annual Report on International Child Abduction.

Directs the Secretary to ensure that U.S. diplomatic and consular missions: (1) maintain a consistent reporting standard with respect to abduction or access cases, (2) designate at least one official in each mission to assist U.S. parents who are visiting to resolve such cases, and (3) monitor cases involving abducted children in their country of location.

Directs the Secretary to seek to enter into a memorandum of understanding (an agreement between the United States and a country that is not a Convention country to resolve abduction and rights of access cases) with every country that is not a Convention country. Defines "Convention country" as a country other than the United States that has ratified, acceded, or succeeded to the Hague Abduction Convention and with respect to which the United States has entered into a reciprocal agreement pursuant to the Hague Abduction Convention.

Provides that whenever the President determines that the government of a foreign country has failed to resolve an unresolved abduction or access case, or has engaged in a pattern of noncooperation, the President shall take one or more specified actions to promote resolution or cooperation.

Terminates any action taken under this Act with respect to a foreign country on the earlier of the following two dates: (1) not later than two years after the effective date of such action unless expressly reauthorized by law, or (2) the date on which the President certifies to Congress that such country has resolved any unresolved abduction case or has taken substantial and verifiable steps to correct the pattern of noncooperation at issue.

Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 — Informed