,i #aacth ,,congress #ast ,session ,h4 ,r4 #aiea ,,in ,,the ,,house ,,of ,,representatives ,may #ac1 #bjac ,mr4 ,smith of ,new ,jersey 7for himself and ,mr4 ,moran7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,ways and ,means1 ,financial ,services1 the ,judiciary1 and ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to ensure compliance with the #aihj ,hague ,convention on the ,civil ,aspects of ,international ,child ,abduction by countries with which the ,united ,states enjoys reciprocal obligations1 to establish procedures for the prompt return of children abducted to other countries1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,sean and ,david ,goldman ,international ,child ,abduction ,prevention and ,return ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,sec4 #b4 ,findings2 sense of ,congress2 purposes4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,funding4 ,title ,i--,department of ,state actions ,sec4 #aja4 ,annual report4 ,sec4 #ajb4 ,standards and assistance4 ,sec4 #ajc4 ,memorandum of ,understanding4 ,sec4 #ajd4 ,notification of congressional representatives4 ,title ,,ii--,presidential actions ,sec4 #bja4 ,presidential actions in response to unresolved cases4 ,sec4 #bjb4 ,presidential actions in response to patterns of noncooperation in cases of international child abductions4 ,sec4 #bjc4 ,consultations4 ,sec4 #bjd4 ,report to ,congress4 ,sec4 #bje4 ,presidential actions4 ,sec4 #bjf4 ,effects on existing contracts4 ,sec4 #bjg4 ,presidential waiver4 ,sec4 #bjh4 ,publication in ,federal ,register4 ,sec4 #bji4 ,termination of ,presidential actions4 ,sec4 #baj4 ,united ,states assistance4 ,sec4 #baa4 ,multilateral assistance4 ,sec4 #bab4 ,amendment to generalized system of preferences eligibility for generalized system of preferences4 #b4 ,findings2 sense of ,congress2 purposes 7a7 ,findings ,congress finds the following3 7#a7 ,sean ,goldman1 a ,united ,states citizen and resident of ,new ,jersey1 was abducted from the ,united ,states in #bjjd and separated from his father1 ,david ,goldman1 who spent nearly six years battling for the return of his son from ,brazil before ,sean was finally returned to ,mr4 ,goldman's custody on ,december #bd1 #bjji4 7#b7 ,the ,department of ,state's ,office of ,children's ,issues1 which serves as the ,central ,authority of the ,united ,states for the purposes of the #aihj ,hague ,convention on the ,civil ,aspects of ,international ,child ,abduction1 has received thousands of requests since #bjjg for assistance in the return to the ,united ,states of children who have been abducted by a parent or other legal guardian to another country4 ,for a variety of reasons reflecting the significant obstacles to the recovery of abducted children1 as well as the legal and factual complexity involving such cases1 not all cases are reported to the ,central ,authority of the ,united ,states4 7#c7 ,the number of outgoing international child abductions reported to the ,central ,authority of the ,united ,states has increased substantially since #bjjf4 7#d7 ,only about half of the children abducted from the ,united ,states to countries with which the ,united ,states enjoys reciprocal obligations under the ,hague ,abduction ,convention are returned to the ,united ,states4 7#e7 ,the ,united ,states and ,convention countries have expressed their desire1 through the ,hague ,abduction ,convention1 to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the ,state of their habitual residence1 as well as to secure protection for rights of access44 7#f7 ,compliance by the ,united ,states and ,convention countries depends on the actions of their designated central authorities1 the performance of their judiciaries as reflected in the legal process and decisions rendered to enforce or effectuate the ,hague ,abduction ,convention1 and the ability and willingness of their law enforcement to insure the swift enforcement of orders rendered pursuant to the ,hague ,abduction ,convention4 7#g7 ,the ,central ,authority of the ,united ,states reports that nearly #dj percent of abduction cases and access cases involve children taken from the ,united ,states to countries with which the ,united ,states does not have ,hague ,abduction ,convention obligations or other agreements relating to the resolution of abduction cases and access cases4 7#h7 ,according to the ,department of ,state's ,april #bjaj ,report on ,compliance with the ,hague ,convention on the ,civil ,aspects of ,international ,child ,abduction1 parental child abduction jeopardizes the child and has substantial long-term consequences for both the child and the left-behind parent44 7#i7 ,abducted children are at risk of serious emotional and psychological problems and have been found to experience anxiety1 eating problems1 nightmares1 mood swings1 sleep disturbances1 aggressive behavior1 resentment1 guilt and fearfulness1 and as adults may struggle with identity issues1 personal relationships1 and parenting4 7#aj7 ,left-behind parents may encounter substantial psychological and emotional problems1 and few have the extraordinary financial resources necessary to pursue individual civil or criminal remedies in both the ,united ,states and a foreign country1 even where available1 or to engage in repeated foreign travel to attempt to procure the return of their children by evoking diplomatic and humanitarian remedies4 7#aa7 ,left-behind parents who are military parents may be unable to leave their military duties to pursue multinational litigation or take leave to attend multiple court proceedings1 and foreign authorities may not schedule proceedings to accommodate such duties4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states should set a strong example for ,convention countries in the timely location and return of abducted children in the ,united ,states whose habitual residence is not the ,united ,states4 7c7 ,purposes ,the purposes of this ,act are to-- 7#a7 protect children whose habitual residence is the ,united ,states from the harmful effects of abduction and to assist left-behind parents to have access to their abducted child in a safe and predictable manner1 wherever the child is located1 while an abduction case is pending2 7#b7 provide left-behind parents1 including military parents1 their advocates1 and judges the information they need to enhance the resolution of abduction cases and access cases through established legal procedures1 the tools for assessing the risk of abduction and denial of rights of access1 and the practical means for overcoming obstacles to recovering an abducted child2 7#c7 establish measured1 effective1 and predictable actions to be undertaken by the ,president on behalf of abducted children whose habitual residence is the ,united ,states at the time of the abduction2 7#d7 promote an international consensus that it is in the interest of children to have any issues related to their care and custody determined in the country of their habitual residence2 7#e7 provide the necessary training for officials of the ,united ,states ,armed ,forces and the ,department of ,defense to establish policies and provide services to military parents that address the unique circumstances of abductions and violations of rights of access that may occur with regard to military dependent children2 and 7#f7 encourage the effective implementation of international mechanisms1 particularly those established pursuant to the ,hague ,abduction ,convention1 to achieve reciprocity in the resolution of abductions and to protect children from the harmful effects of an abduction4 #c4 ,definitions ,in this ,act3 7#a7 ,abducted child ,the term abducted child means a child who is the victim of an abduction4 7#b7 ,abduction ,the term abduction means-- 7,a7 the alleged wrongful removal of a child from the child's country of habitual residence2 7,b7 the alleged wrongful retention of a child outside the child's country of habitual residence2 or 7,c7 the alleged wrongful removal or retention of a military dependent child from the exercise of rights of custody of a military parent4 7#c7 ,abduction case ,the term abduction case means a case involving an application filed with the ,central ,authority of the ,united ,states by a left-behind parent for the resolution of an abduction4 7#d7 ,access case ,the term access case means a case involving an application filed with the ,central ,authority of the ,united ,states by a left-behind parent for the establishment of rights of access4 7#e7 ,annual ,report ,the term ,annual ,report means the ,annual ,report on ,international ,child ,abduction required under section #aja4 7#f7 ,application ,the term application means-- 7,a7 in the case of a ,convention country1 the application required pursuant to article #h of the ,hague ,abduction ,convention2 7,b7 in the case of an ,,mou country1 the formal document required pursuant to the provisions of the applicable ,,mou to request the return of an abducted child or to request rights of access1 as applicable2 and 7,c7 in the case of a nonparty country1 the formal request by the ,central ,authority of the ,united ,states to the ,central ,authority of such country requesting the return of an abducted child or for rights of access to an abducted child4 7#g7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate4 7#h7 ,central ,authority ,the term ,central ,authority means-- 7,a7 in the case of a ,convention country1 the meaning given such term in article #f of the ,hague ,abduction ,convention2 7,b7 in the case of an ,,mou country1 the official entity designated by the government of the ,,mou country within the applicable ,,mou pursuant to section #ajc7;b77#a7 to discharge the duties imposed on the entity in such ,,mou2 and 7,c7 in the case of a nonparty country1 the foreign ministry of such country4 7#i7 ,child ,the term child means an individual who has not attained the age of #af4 7#aj7 ,convention country ,the term ,convention country means a country other than the ,united ,states that has ratified1 acceded1 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 ,convention4 7#aa7 ,hague ,abduction ,convention ,the term ,hague ,abduction ,convention means the ,convention on the ,civil ,aspects of ,international ,child ,abduction1 done at ,the ,hague on ,october #be1 #aihj4 7#ab7 ,left-behind parent ,the term left-behind parent means-- 7,a7 regarding an abduction1 an individual or entity1 either individually or jointly1 who alleges that an abduction has occurred that is in breach of rights of custody-- 7i7 attributed to such individual or entity1 as applicable2 and 7ii7 exercised at the time of the abduction or that would have been exercised but for the abduction2 and 7,b7 regarding rights of access1 an individual with rights of custody who is requesting establishment of rights of access or who alleges that rights of access are being denied4 7#ac7 ,legal residence ,the term legal residence means the congressional district and ,state in which an individual either is residing1 or if an individual is residing temporarily outside the ,united ,states1 the congressional district and ,state to which the individual intends to return4 7#ad7 ,military dependent child ,the term military dependent child means a child whose habitual residence is the ,united ,states according to ,united ,states law even though the child is residing outside the ,united ,states with a military parent4 7#ae7 ,military parent ,the term military parent means an individual who has rights of custody over a child and who is serving outside the ,united ,states as a member of the ,united ,states ,armed ,forces4 7#af7 ,,mou ,the term ,,mou means a memorandum of understanding between the ,united ,states and a country that is not a ,convention country to resolve abduction cases and rights of access cases in accordance with section #ajd4 7#ag7 ,,mou country ,the term ,,mou country means a country with respect to which the ,united ,states has entered into an ,,mou4 7#ah7 ,nonparty country ,the term nonparty country means a country that is neither a ,convention country nor an ,,mou country4 7#ai7 ,pattern of noncooperation 7,a7 ,in general ,the term pattern of noncooperation means the persistent failure-- 7i7 of a ,convention country to implement and abide by the provisions of the ,hague ,abduction ,convention2 7ii7 of an ,,mou ,country to implement and abide by the provisions of the applicable ,,mou2 and 7iii7 of a nonparty country to cooperate with the ,united ,states to expeditiously resolve abduction cases and access cases within a reasonable period of time4 7,b7 ,criteria ,such persistent failure may be evidenced by one or more of the following criteria3 7i7 ,the existence of #aj or more unresolved cases4 7ii7 ,the failure of the ,central ,authority of the country to fulfill its responsibilities pursuant to the ,hague ,abduction ,convention or the ,,mou1 as applicable1 or in the case of a nonparty country1 the repeated failure of the ,central ,authority of the country to cooperate with the ,central ,authority of the ,united ,states to resolve unresolved cases4 7iii7 ,the failure of the judicial or administrative branch1 as applicable1 of the national government of the country to implement and comply with the provisions of the ,hague ,abduction ,convention or the ,,mou1 as applicable1 or in the case of a nonparty country1 the failure of the appropriate judicial or administrative branch of the national government of the country to expeditiously deliberate and render a decision in abduction cases and access cases4 7iv7 ,the failure of law enforcement to locate abducted children or to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of the national government of the country in abduction cases or access cases4 7#bj7 ,rights of access ,the term rights of access means the rights of contact between a child and a left-behind parent that may arise-- 7,a7 as a provisional measure while an abduction case is pending2 and 7,b7 by operation of law or by reason of judicial or administrative determination or by agreement having legal effect under the law of the country in which the child is located4 7#ba7 ,rights of custody ,the term rights of custody means rights of care and custody of an abducted child1 including the right to determine the place of residence of an abducted child-- 7,a7 attributed to an individual or entity1 either individually or jointly1 and 7,b7 arising by operation of law or by reason of a judicial or administrative decision1 or by reason of an agreement having legal effect1 under the law of the country in which the child was an habitual resident immediately before the abduction4 7#bb7 ,unresolved abduction case 7,a7 ,in general ,subject to subparagraph 7,b71 the term unresolved abduction case means an abduction case that remains unresolved for a period that exceeds #f weeks after the date on which the application for return of the child is submitted for determination to the judicial or administrative authority1 as applicable1 in the country in which the child is located4 7,b7 ,resolution of case ,an abduction case shall be considered to be resolved if-- 7i7 the child is returned to the country of habitual residence1 pursuant to the ,hague ,abduction ,convention or ,,mou1 if applicable2 7ii7 the judicial or administrative branch1 as applicable1 of the national government of the country in which the child is located has implemented and is complying with the provisions of the ,hague ,abduction ,convention or the ,,mou1 as applicable1 and a final determination is made by such judicial or administrative branch that the child will not be returned to the country of habitual residence2 or 7iii7 the child attains the age of #af4 7#bc7 ,unresolved access case 7,a7 ,in general ,subject to subparagraph 7,b71 the term unresolved access case means an access case that remains unresolved for a period that exceeds #f weeks after the date on which the application for the establishment of rights of access is submitted to the judicial or administrative authority1 as applicable1 in the country in which the child is located4 7,b7 ,resolution of case ,an access case shall be considered to be resolved if-- 7i7 rights of access are established for the left-behind parent and such parent is allowed access to the child in accordance with such rights2 7ii7 a final determination is made by the appropriate administrative or judicial entity in the country in which the child is located that the left-behind parent does not have rights of access and the ,united ,states ,central ,authority concludes that such determination is in accordance with applicable international standards2 or 7iii7 the abduction case related to the unresolved access case is resolved4 7#bd7 ,unresolved cases ,the term unresolved cases means unresolved abduction cases and unresolved access cases4 #d4 ,funding ,amounts necessary to carry out this ,act shall be taken out of the discretionary funds available to the ,secretary of ,state for each of the fiscal years #bjad through #bjah4 ,i ,department of ,state actions #aja4 ,annual report 7a7 ,in general ,not later than ,march #ca of each year1 the ,secretary of ,state shall submit to the appropriate congressional committees an ,annual ,report on ,international ,child ,abduction4 7b7 ,contents ,each ,annual ,report shall1 with respect to the preceding year1 include the following3 7#a7 ,for each country with respect to which there was #a or more abduction cases3 7,a7 ,whether the country is a ,convention country1 an ,,mou country1 or a nonparty country4 7,b7 ,the number of abduction cases and the number of rights of access cases1 respectively1 reported4 7,c7 ,the number of abduction cases and the number of access cases1 respectively1 that are pending4 7,d7 7i7 ,the number of abduction cases and the number of access cases1 respectively1 that were pending at any point for more than #ij days after the date on which the ,central ,authority of the ,united ,states transmitted the application for each such case to the ,central ,authority of such country1 and were not submitted by the ,central ,authority to the judicial or administrative authority1 as applicable1 of such country within the #ij-;day period4 7ii7 ,the reason for the delay in submission of each case identified in clause 7i7 by the ,central ,authority of such country to the judicial or administrative authority4 7,e7 ,the number of unresolved abduction cases and unresolved access cases1 respectively1 and the length of time each case has been pending4 7,f7 ,the number of unresolved cases in which law enforcement has failed to locate the abducted child or to enforce a return order or determinations of rights of access rendered by the judicial or administrative authorities of such country4 7,g7 ,the median time required for resolution of abduction cases and access cases1 respectively1 to be measured from the date on which the application with respect to the abduction case or access case is transmitted by the ,central ,authority of the ,united ,states to the ,central ,authority of such country to the date on which the abduction case or access case is resolved4 7,h7 ,the percentage of the total number of abduction cases and access cases1 respectively1 resolved4 7,i7 ,detailed information about each case described in subparagraph 7,c7 and on actions taken by the ,department of ,state to resolve such case1 including the specific actions taken by the ,united ,states chief of mission in such country4 7,j7 ,recommendations to improve resolution of abduction cases and access cases4 7#b7 ,the number of abducted children from the ,united ,states who were returned to the ,united ,states from ,conventions countries1 ,,mou countries1 and nonparty countries1 respectively4 7#c7 ,a list of ,convention countries and ,,mou countries that have failed to comply with any of their obligations under the ,hague ,abduction ,convention or the ,,mou1 as applicable1 with respect to the resolution of abduction cases and access cases4 7#d7 ,a list of countries demonstrating a pattern of noncooperation1 and a summary of the criteria on which the determination of a pattern of noncooperation for each country is based4 7#e7 7,a7 ,information on efforts by the ,secretary of ,state to encourage other countries to become signatories to the ,hague ,abduction ,convention or to enter into an ,,mou4 7,b7 ,the efforts referred to in subparagraph 7,a7 shall include efforts to address pending abduction cases and access cases in such country4 7#f7 ,a description of the efforts of the ,secretary of ,state to encourage ,convention countries and ,,mou countries to facilitate the work of nongovernmental organizations within their respective countries that assist left-behind parents4 7c7 ,exception ,the ,annual ,report shall not include-- 7#a7 the names of left-behind parents or children involved in abduction cases or access cases2 or 7#b7 information that may identify a party involved in an abduction case or access case unless the party stipulates in writing to the ,central ,authority of the ,united ,states that such information may be included in the ,annual ,report4 7d7 ,additional thematic sections ,each ,annual ,report shall also include-- 7#a7 information on the number of unresolved cases affecting left-behind parents who are military parents and a summary of assistance offered to such left-behind parents2 7#b7 information on the use of airlines in abductions1 including which airlines have been utilized to carry out an abduction1 voluntary airline practices to prevent abductions1 and recommendations for best airline practices to prevent abductions2 7#c7 information on actions taken by the ,central ,authority of the ,united ,states to train domestic judges in application of the ,hague ,abduction ,convention2 and 7#d7 information on actions taken by the ,central ,authority of the ,united ,states to train ,united ,states ,armed ,forces legal assistance personnel1 military chaplains1 and military family support center personnel about abductions1 the risk of loss of access to children1 and the legal frameworks available to resolve such cases4 7e7 ,repeal of the ,hague ,convention compliance report ,section #bhjc of the ,foreign ,affairs ,reform and ,restructuring ,act of #aiih 7#db ,u4,s4,c4 #aafaa7 is repealed4 #ajb4 ,standards and assistance ,the ,secretary of ,state shall ensure that ,united ,states diplomatic and consular missions abroad-- 7#a7 maintain a consistent reporting standard with respect to abduction cases and access cases involving abducted children in the country in which such mission is located for purposes of the ,annual ,report2 7#b7 designate at least one official in each such mission to assist left-behind parents from the ,united ,states who are visiting such country to resolve cases involving an abduction or rights of access2 and 7#c7 monitor developments in cases involving abducted children in the country in which such mission is located4 #ajc4 ,memorandum of ,understanding 7a7 ,in general ,the ,secretary of ,state shall seek to enter into an ,,mou with every country that is not a ,convention country4 7b7 ,,mou provisions ,an ,,mou shall include1 with respect to the applicable ,,mou country-- 7#a7 identification of the ,central ,authority2 7#b7 a protocol to identify1 locate1 and effectuate the return of an abducted child identified in an abduction case not later than #f weeks after the application with respect to the abduction case has been submitted to the judicial or administrative authority1 as applicable1 of the country in which the abducted child is located2 7#c7 a protocol for the establishment and protection of the rights of access2 7#d7 identification of the judicial or administrative authority that will promptly adjudicate abduction cases and access cases2 7#e7 identification of a law enforcement agency and available law enforcement mechanisms and procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to paragraph 7#d7 to return an abducted child to a left-behind parent1 including by-- 7,a7 conducting an investigation to ascertain the location of the abducted child2 7,b7 providing protection to the abducted child after such child is located2 and 7,c7 retrieving the abducted child and making the appropriate arrangements for such child to be returned to the country of habitual residence2 7#f7 a protocol to establish periodic visits between a ,united ,states embassy or consular official and an abducted child to allow the official to ascertain the child's location and welfare2 and 7#g7 such other provisions as determined to be appropriate by the ,secretary of ,state4 7c7 ,rule of construction 7#a7 ,in general ,nothing in this ,act shall be construed to prohibit the ,united ,states from proposing and entering into a memorandum of understanding with a ,convention country to further clarify the reciprocal obligations of the ,united ,states and the ,convention country under the ,hague ,abduction ,convention4 7#b7 ,treatment of obligations of ,convention country ,in those instances in which there is a memorandum of understanding as described in paragraph 7#a71 the obligations of the ,convention country under such memorandum shall be considered to be obligations of such country under the ,hague ,abduction ,convention for purposes of this ,act4 #ajd4 ,notification of congressional representatives 7a7 ,notification ,except as provided in subsection 7b71 the ,secretary of ,state shall notify in writing the ,member of ,congress and ,senators representing the legal residence of a left-behind parent when such parent reports an abduction to the ,central ,authority of the ,united ,states4 7b7 ,exception ,the notification requirement under subsection 7a7 shall not apply if the left-behind parent does not consent to the notification described in such subsection4 7c7 ,member of ,congress defined ,in this section1 the term ,member of ,congress means a ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress4 ,,ii ,presidential actions #bja4 ,presidential actions in response to unresolved cases 7a7 ,response to international child abductions 7#a7 ,united ,states policy ,it shall be the policy of the ,united ,states to-- 7,a7 promote the best interest of children abducted from the ,united ,states by establishing legal rights and procedures for their prompt return and by promoting such rights and procedures through actions that ensure the enforcement of reciprocal international obligations2 and 7,b7 recognize the international character of the ,hague ,abduction ,convention1 and the need for reciprocity pursuant to and the uniform international interpretation of the ,hague ,abduction ,convention1 by promoting the timely resolution of abduction cases and access cases through #a or more of the actions described in section #bje4 7#b7 ,requirement of ,presidential ,action ,whenever the ,president determines that the government of a foreign country has failed to resolve an unresolved abduction case or unresolved access case1 the ,president shall oppose such failure through one or more of the actions described in subsection 7b74 7b7 ,presidential actions 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the ,president1 in consultation with the ,secretary of ,state1 shall1 as expeditiously as practicable in response to the failure described in subsection 7a7 by the government of a foreign country1 take #a or more of the actions described in paragraphs 7#a7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b77 with respect to such country4 7#b7 ,deadline for actions 7,a7 ,in general ,except as provided in subparagraph 7,b71 not later than ,march #ca of each year1 the ,president shall take #a or more of the actions described in paragraphs 7#a7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b77 with respect to each foreign country the government of which has failed to resolve an unresolved abduction case or access case that is pending as of such date4 7,b7 ,exception ,in the case of an action under any of paragraphs 7#aa7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b77-- 7i7 the action may only be taken after the requirements of sections #bjc and #bjd have been satisfied2 and 7ii7 the ,march #ca deadline to take the action shall not apply4 7#c7 ,authority for delay of presidential actions ,the ,president may delay action described in any of the paragraphs 7#aa7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b771 as required under paragraph 7#b71 if the ,president determines and certifies to the appropriate congressional committees that a single1 additional period of time1 not to exceed #ij days1 is necessary-- 7,a7 for a continuation of negotiations that have been commenced with the country to resolve the unresolved case2 or 7,b7 in anticipation that the case will be resolved by such country during such #ij-;day period4 7c7 ,implementation 7#a7 ,in general ,in carrying out subsection 7b71 the ,president shall-- 7,a7 take #a or more actions that most appropriately respond to the nature and severity of the failure to resolve the unresolved cases2 and 7,b7 seek to the fullest extent possible to target action as narrowly as practicable with respect to the agencies or instrumentalities of the foreign government that are responsible for such failures4 7#b7 ,guidelines for presidential actions ,in addition to the guidelines under paragraph 7#a71 the ,president1 in determining whether to take #a or more actions under paragraphs 7#aa7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b771 shall seek to minimize any adverse impact on-- 7,a7 the population of the country whose government is targeted by the action or actions2 and 7,b7 the humanitarian activities of ,united ,states and foreign nongovernmental organizations in the country4 #bjb4 ,presidential actions in response to patterns of noncooperation in cases of international child abductions 7a7 ,response to a pattern of noncooperation 7#a7 ,united states policy ,it shall be the policy of the ,united ,states to-- 7,a7 oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the ,hague ,abduction ,convention or ,,mou1 as applicable1 to resolve abduction cases and access cases2 and 7,b7 promote reciprocity pursuant to and compliance with the ,hague ,abduction ,convention by ,convention countries and compliance with the applicable ,,mou by ,,mou countries4 7#b7 ,requirement of presidential action ,whenever the ,president determines that the government of a foreign country has engaged in a pattern of noncooperation1 the ,president shall promote the resolution of the unresolved cases through one or more of the actions described in subsection 7c74 7b7 ,designations of countries with patterns of noncooperation in cases of international child abduction 7#a7 ,annual review 7,a7 ,in general ,not later than ,march #ca of each year1 the ,president shall review the status of abduction cases and access cases in each foreign country to determine whether the government of such country has engaged in a pattern of noncooperation during the preceding #ab months or since the date of the last review of such country under this subparagraph1 whichever period is longer4 ,the ,president shall designate each country the government of which has engaged in a pattern of noncooperation as a ,country ,with a ,pattern of ,noncooperation4 7,b7 ,basis of review ,each review conducted under subparagraph 7,a7 shall be based upon information contained in the latest ,annual ,report and on any other evidence available4 7#b7 ,determinations of responsible parties ,for the government of each country designated as a ,country ,with a ,pattern of ,noncooperation under paragraph 7#a77;,a71 the ,president shall seek to determine the agencies or instrumentalities of such government that are responsible for the pattern of noncooperation by such government in order to appropriately target actions under this section in response4 7#c7 ,congressional notification ,whenever the ,president designates a country as a ,country ,with a ,pattern of ,noncooperation under paragraph 7#a77;,a71 the ,president shall1 as soon as practicable after such designation is made1 transmit to the appropriate congressional committees-- 7,a7 the designation of the country1 signed by the ,president2 and 7,b7 the identification1 if any1 of responsible agencies or instrumentalities determined under paragraph 7#b74 7c7 ,presidential actions with respect to a ,country ,with a ,pattern of ,noncooperation 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c7 with respect to each ,country ,with a ,pattern of ,noncooperation designated under subsection 7b77#a77;,a71 the ,president shall1 after the requirements of sections #bjc and #bjd have been satisfied1 but not later than #ij days 7or #ahj days in case of a delay under paragraph 7#b77 after the date of such designation of the country under such subsection1 take #a or more of the actions under paragraphs 7#aa7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b774 7#b7 ,authority for delay of presidential actions ,if1 on or before the date that the ,president is required to take action under paragraph 7#a71 the ,president determines and certifies to the appropriate congressional committees that a single1 additional period of time not to exceed #ij days is necessary-- 7,a7 for a continuation of negotiations that have been commenced with the government of such country to bring about a cessation of the pattern of noncooperation by such country1 or 7,b7 for a review of corrective action taken by such country after designation of such country as a ,country ,with a ,pattern of ,noncooperation under subsection 7b77#a77;,a7 or in anticipation that corrective action will be taken by such country during such #ij-;day period1 the ,president shall not be required to take such action until the expiration of such period of time4 7#c7 ,exception for ongoing presidential action 7,a7 ,in general ,the ,president shall not be required to take action under paragraph 7#a7 with respect to a ,country ,with a ,pattern of ,noncooperation if-- 7i7 the ,president has taken action pursuant to paragraph 7#a7 with respect to such country in a preceding year1 such action is in effect at the time such country is designated as a ,country with a ,pattern of ,noncooperation under subsection 7b77#a77;,a71 and the ,president submits to the appropriate congressional committees the information described in section #bjd regarding the actions in effect with respect to such country2 or 7ii7 subject to subparagraph 7,b71 the ,president determines that such country is subject to multiple1 broad-based sanctions imposed in significant part in response to human rights abuses and that such sanctions also satisfy the requirements of this subsection4 7,b7 ,additional requirements ,if the ,president makes a determination under subparagraph 7,a77ii7-- 7i7 the report under section #bjd and1 as applicable1 the publication in the ,federal ,register under section #bjh1 shall specify the specific sanction or sanctions that the ,president has determined satisfy the requirements of this subsection2 and 7ii7 such sanctions shall remain in effect subject to section #bji4 7d7 ,rule of construction ,a determination under this section that a foreign country has engaged in a pattern of noncooperation shall not be construed to require the termination of assistance or other activities with respect to such country under any other provision of law1 including section #aaf or #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea7n7 or #bcjd74 #bjc4 ,consultations 7a7 ,duty ,to consult with foreign governments 7#a7 ,in general ,as soon as practicable after the ,president makes a determination under section #bja in response to failures to resolve unresolved cases and the ,president decides to take action under paragraphs 7#aa7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b77 with respect to that country1 or not later than #ij days after the ,president designates a country as a ,country ,with a ,pattern of ,noncooperation pursuant to section #bjb7;b77#a77;,a71 the ,president shall-- 7,a7 request consultation with the government of such country regarding the failures giving rise to designation of that country as a ,country ,with a ,pattern of ,noncooperation regarding the pattern of noncooperation or to action under section #bja2 and 7,b7 if agreed to1 enter into such consultations with such country1 privately or publicly4 7#b7 ,duty ,to consult with left-behind parents ,the ,president shall consult with left-behind parents who have an abduction case involving a child located in the country referenced in paragraph 7#a77;,a71 or designated representatives or representative groups of such left-behind parents1 during the course of the consultations conducted pursuant to paragraph 7#a7 concerning the potential impact of such consultations on the resolution of such cases4 #bjd4 ,report to ,congress 7a7 ,in general ,subject to subsection 7b71 not later than #ij days after the ,president makes a determination under section #bja in response to failures to resolve unresolved cases and the ,president decides to take action under paragraphs 7#aa7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b77 with respect to that country1 or not later than #ij days after the ,president designates a country as a ,country ,with a ,pattern of ,noncooperation pursuant to section #bjb7;b77#a77;,a71 the ,president shall transmit to the appropriate congressional committees a report on the following3 7#a7 ,identification of presidential actions ,an identification of the action or actions described in section #bje7;a7 7or commensurate action as provided in section #bje7;b77 to be taken with respect to such country4 7#b7 ,description of violations ,a description of the failure to resolve an unresolved case or the pattern of noncooperation1 as applicable1 giving rise to the action or actions to be taken by the ,president4 7#c7 ,purpose of presidential actions ,a description of the purpose of the action or actions4 7#d7 ,evaluation 7,a7 ,description ,an evaluation1 in consultation with the ,secretary of ,state1 the parties described in section #bjc7;b71 and other parties the ,president determines appropriate1 of the anticipated impact of the ,presidential action upon-- 7i7 pending abduction cases in such country2 7ii7 the government of such country2 7iii7 the population of such country2 7iv7 the ,united ,states economy2 7v7 other interested parties2 and 7vi7 if such country is a ,convention country or an ,,mou country1 the reciprocal fulfillment of obligations pursuant to such ,convention or applicable ,,mou1 as applicable4 7,b7 ,form ,the evaluation under subparagraph 7,a7 shall be transmitted in unclassified form1 but may contain a classified annex if necessary4 7#e7 ,statement of ,policy ,options ,a statement that noneconomic policy options designed to resolve the unresolved case or bring about the cessation of the pattern of noncooperation have reasonably been exhausted1 including the consultations required in section #bjc4 7b7 ,delay in transmittal of report ,if1 on or before the date that the ,president is required to submit a report under subsection 7a7 to the appropriate congressional committees1 the ,president determines and certifies to such committees that a single1 additional period of time not to exceed #ij days is necessary pursuant to section #bjb7;c77#b71 the ,president shall not be required to submit the report to such committees until the expiration of such period of time4 #bje4 ,presidential actions 7a7 ,description of presidential actions ,except as provided in subsection 7c71 the ,presidential actions referred to in this subsection are the following3 7#a7 ,a private demarche4 7#b7 ,an official public demarche4 7#c7 ,a public condemnation4 7#d7 ,a public condemnation within one or more multilateral fora4 7#e7 ,the delay or cancellation of one or more scientific exchanges4 7#f7 ,the delay or cancellation of one or more cultural exchanges4 7#g7 ,the denial of one or more working1 official1 or state visits4 7#h7 ,the delay or cancellation of one or more working1 official1 or state visits4 7#i7 ,a formal request to the foreign country concerned to extradite the individual who is engaged in abduction4 7#aj7 ,the restriction of the number of visas issued to nationals of such country pursuant to subparagraphs 7,f71 7,j71 or 7,m7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 7#aa7 ,the withdrawal1 limitation1 or suspension of ,united ,states development assistance in accordance with section #aaf of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean74 7#ab7 ,directing the ,export-,import ,bank of the ,united ,states1 the ,overseas ,private ,investment ,corporation1 or the ,trade and ,development ,agency not to approve the issuance of any 7or a specified number of7 guarantees1 insurance1 extensions of credit1 or participations in the extension of credit with respect to such government or the agency or instrumentality of such government determined by the ,president to be responsible for such unresolved case or pattern of noncooperation1 as applicable4 7#ac7 ,the withdrawal1 limitation1 or suspension of ,united ,states security assistance in accordance with section #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd74 7#ad7 ,in accordance with section #gja of the ,international ,financial ,institutions ,act of #aigg 7#bb ,u4,s4,c4 #bfb;d71 directing the ,united ,states executive directors of international financial institutions to oppose and vote against loans primarily benefitting such government or the agency or instrumentality of such government determined by the ,president to be responsible for such unresolved case or pattern of noncooperation1 as applicable4 7#ae7 ,the denial1 withdrawal1 suspension1 or limitation of benefits provided pursuant to title ,v of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdfa et seq471 relating to the ,generalized ,system of ,preferences4 7#af7 ,ordering the heads of the appropriate ,united ,states agencies not to issue any 7or a specified number of7 specific licenses1 and not to grant any other specific authority 7or a specified number of authorities71 to export any goods or technology to such government or to the agency or instrumentality of such government determined by the ,president to be responsible for such unresolved case or pattern of noncooperation1 as applicable1 under-- 7,a7 the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act72 7,b7 the ,arms ,export ,control ,act2 7,c7 the ,atomic ,energy ,act of #aied2 or 7,d7 any other statute that requires the prior review and approval of the ,united ,states ,government as a condition for the export or re-export of goods or services4 7#ag7 ,prohibiting any ,united ,states financial institution from making loans or providing credits totaling more than #aj1jjj1jjj in any #ab-month period to such government or to the agency or instrumentality of such government determined by the ,president to be responsible for such unresolved case or pattern of noncooperation1 as applicable4 7#ah7 ,prohibiting the ,united ,states ,government from procuring1 or entering into any contract for the procurement of1 any goods or services from such government or from the agency or instrumentality of such government determined by the ,president to be responsible for such unresolved case or pattern of noncooperation1 as applicable4 7b7 ,commensurate action ,except as provided in subsection 7c71 the ,president may substitute any other action authorized by law for any action described in subsection 7a7 if such action is commensurate in effect to the action substituted and if such action would further the purposes of this ,act as specified in section #b7;c74 ,the ,president shall seek to take all appropriate and feasible actions authorized by law to resolve the unresolved case or to obtain the cessation of such pattern of noncooperation1 as applicable4 ,if commensurate action is taken under this subsection1 the ,president shall transmit to the appropriate congressional committees a report on such action1 together with an explanation for taking such action4 7c7 ,exceptions ,any action taken pursuant to subsection 7a7 or 7b7 may not prohibit or restrict the provision of medicine1 medical equipment or supplies1 food1 or other life-saving humanitarian assistance4 #bjf4 ,effects on existing contracts ,the ,president shall not be required to apply or maintain any action under section #bje-- 7#a7 in the case of procurement of defense articles or defense services-- 7,a7 under existing contracts or subcontracts1 including the exercise of options for production quantities1 to satisfy requirements essential to the national security of the ,united ,states2 7,b7 if the ,president determines in writing and transmits to the appropriate congressional committees a report that the government or the agency or instrumentality of such government to which such action would otherwise be applied is a sole source supplier of such defense articles or services1 that such defense articles or services are essential1 and that alternative sources are not readily or reasonably available2 or 7,c7 if the ,president determines in writing and transmits to the appropriate congressional committees a report that such defense articles or services are essential to the national security of the ,united ,states under defense co-production agreements2 or 7#b7 to products or services provided under contracts entered into before the date on which the ,president publishes in the ,federal ,register notice of such action in accordance with section #bjh4 #bjg4 ,presidential waiver 7a7 ,in general ,subject to subsection 7b71 the ,president may waive the application of any of the actions described in paragraphs 7#aa7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b77 with respect to a country1 if the ,president determines and so reports to the appropriate congressional committees that-- 7#a7 the government of such country has satisfactorily resolved any abduction cases or access cases giving rise to the application of any of such actions and-- 7,a7 if such country is a ,convention country1 such country has taken measures to ensure future compliance with the provisions of the ,hague ,abduction ,convention2 7,b7 if such country is an ,,mou country1 such country has taken measures to ensure future compliance with the provisions of the ,,mou at issue2 or 7,c7 if such country was a nonparty country at the time the abductions or denials of rights of access resulting in the abduction cases or access cases occurred1 such country has become a ,convention country or an ,,mou country2 7#b7 the exercise of such waiver authority would further the purposes of this ,act2 or 7#c7 the important national interest of the ,united ,states requires the exercise of such waiver authority4 7b7 ,congressional notification ,not later than the date of the exercise of a waiver under subsection 7a71 the ,president shall notify the appropriate congressional committees of such waiver or the intention to exercise such waiver1 together with a detailed justification thereof4 #bjh4 ,publication in ,federal ,register 7a7 ,in general ,subject to subsection 7b71 the ,president shall ensure publication in the ,federal ,register of the following3 7#a7 ,determinations of governments1 agencies1 instrumentalities of countries with patterns of noncooperation ,any designation of a country that the ,president has designated as a ,country ,with a ,pattern of ,noncooperation under section #bjb7;b77#a71 together with1 when applicable and to the extent practicable1 the identities of agencies or instrumentalities determined to be responsible for such pattern of noncooperation4 7#b7 ,presidential actions ,a description of any action under paragraphs 7#aa7 through 7#ah7 of section #bje7;a7 7or commensurate action as provided in section #bje7;b77 and the effective date of such action4 7#c7 ,delays in transmittal of presidential action reports ,any delay in transmittal of a report required under section #bjd4 7#d7 ,waivers ,any waiver issued under section #bjg4 7b7 ,limited disclosure of information ,the ,president may limit publication of information under this section in the same manner and to the same extent as the ,president may limit the publication of findings and determinations described in section #fed7;c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bdad7;c771 if the ,president determines that the publication of such information-- 7#a7 would be harmful to the national security of the ,united ,states2 or 7#b7 would not further the purposes of this ,act4 #bji4 ,termination of ,presidential actions ,any action taken under this ,act or any amendment made by this ,act with respect to a foreign country shall terminate on the earlier of the following two dates3 7#a7 ,not later than two years after the effective date of such action unless expressly reauthorized by law4 7#b7 ,the date on which the ,president transmits to ,congress a certification containing a determination of the ,president that the government of such country has resolved any unresolved case or has taken substantial and verifiable steps to correct the pattern of noncooperation at issue1 as applicable1 that gave rise to such action4 #baj4 ,united ,states assistance 7a7 ,implementation of prohibition on economic assistance ,section #aaf7;c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7c77 is amended-- 7#a7 in paragraph 7#b71 by striking and at the end2 7#b7 in paragraph 7#c77;,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#d7 whether the government has engaged in a pattern of noncooperation regarding abduction cases or access cases1 as such terms are defined in the ,sean and ,david ,goldman ,international ,child ,abduction ,prevention and ,return ,act of #bjac4 4 7b7 ,implementation of prohibition on security assistance ,section #ejb;,b7a77#d7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;a77#d77 is amended-- 7#a7 in subparagraph 7,a71 by striking or at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 has engaged in a pattern of noncooperation regarding abduction cases or access cases1 as such terms are defined in the ,sean and ,david ,goldman ,international ,child ,abduction ,prevention and ,return ,act of #bjac4 4 #baa4 ,multilateral assistance ,section #gja of the ,international ,financial ,institutions ,act 7#bb ,u4,s4,c4 #bfb;d7 is amended-- 7#a7 by redesignating the second subsection 7g7 7as added by ,public ,law #aje-bib7 as subsection 7h72 and 7#b7 by adding at the end the following new subsection3 7i7 ,in determining whether the government of a country engages in a pattern of gross violations of internationally recognized human rights1 as described in subsection 7a71 the ,president shall give particular consideration to whether such government has engaged in a pattern of noncooperation regarding abduction cases or access cases1 as such terms are defined in the ,sean and ,david ,goldman ,international ,child ,abduction ,prevention and ,return ,act of #bjac4 4 #bab4 ,amendment to generalized system of preferences eligibility for generalized system of preferences ,section #ejb7;b77#b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdfb7;b77#b77 is amended-- 7#a7 by inserting after subparagraph 7,h7 the following new subparagraph3 7,i7 ,such country is a country with a pattern of noncooperation regarding abduction cases or access cases1 as such terms are defined in the ,sean and ,david ,goldman ,international ,child ,abduction ,prevention and ,return ,act of #bjac4 2 and 7#b7 in the flush left matter after subparagraph 7,i7 7as added by paragraph 7#a7 of this section7-- 7,a7 by striking and 7,h7 and inserting 7,h72 and 7,b7 by inserting after ,d77 the following3 and 7,i74