,,ii #aacth ,,congress #b;d ,session ,s4 #beji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ai1 #bjad ,mr4 ,menendez 7for himself1 ,mr4 ,corker1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to ensure compliance with the #aihj ,hague ,convention on the ,civil ,aspects of ,international ,child ,abduction1 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 #bjad4 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 ,,title ,i--,department of ,state actions ,sec4 #aja4 ,annual report4 ,sec4 #ajb4 ,standards and assistance4 ,sec4 #ajc4 ,bilateral procedures1 including memoranda of understanding4 ,sec4 #ajd4 ,report to congressional representatives4 ,,title ,,ii--,actions by the ,secretary of ,state ,sec4 #bja4 ,response to international child abductions4 ,sec4 #bjb4 ,actions by the ,secretary of ,state in response to patterns of noncompliance in cases of international child abductions4 ,sec4 #bjc4 ,consultations with foreign governments4 ,sec4 #bjd4 ,waiver by the ,secretary of ,state4 ,sec4 #bje4 ,termination of actions by the ,secretary of ,state4 ,,title ,,iii--,prevention of ,international ,child ,abduction ,sec4 #cja4 ,preventing children from leaving the ,united ,states in violation of a court order4 ,sec4 #cjb4 ,authorization for judicial training on international parental child abduction4 #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 #f 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 ,abduction 7referred to in this ,act as the ,hague ,abduction ,convention71 has received thousands of requests since #bjjg for assistance in the return to the ,united ,states of children who have been wrongfully abducted by a parent or other legal guardian to another country4 7#c7 ,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#d7 ,more than #a1jjj outgoing international child abductions are reported every year to the ,central ,authority of the ,united ,states1 which depends solely on proactive reporting of abduction cases4 7#e7 ,only about one-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#f7 ,the ,united ,states and other ,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#g7 ,compliance by the ,united ,states and other ,convention countries depends on the actions of their designated central authorities1 the performance of their judicial systems 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 authorities to ensure the swift enforcement of orders rendered pursuant to the ,hague ,abduction ,convention4 7#h7 ,according to data from the ,department of ,state1 approximately #dj percent of abduction cases involve children taken from the ,united ,states to countries with which the ,united ,states does not have reciprocal obligations under the ,hague ,abduction ,convention or other arrangements relating to the resolution of abduction cases4 7#i7 ,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#aj7 ,few left-behind parents have the extraordinary financial resources necessary-- 7,a7 to pursue individual civil or criminal remedies in both the ,united ,states and a foreign country1 even if such remedies are available2 or 7,b7 to engage in repeated foreign travel to attempt to obtain the return of their children through diplomatic or other channels4 7#aa7 ,military parents often face additional complications in resolving abduction cases because of the challenges presented by their military obligations4 7#ab7 ,in addition to using the ,hague ,abduction ,convention to achieve the return of abducted children1 the ,united ,states has an array of ,federal1 ,state1 and local law enforcement1 criminal justice1 and judicial tools at its disposal to prevent international abductions4 7#ac7 ,federal agencies tasked with preventing international abductions have indicated that the most effective way to stop international child abductions is while they are in progress1 rather than after the child has been removed to a foreign destination4 7#ad7 ,parental awareness of abductions in progress1 rapid response by relevant law enforcement1 and effective coordination among ,federal1 ,state1 local1 and international stakeholders are critical in preventing such abductions4 7#ae7 ,a more robust application of domestic tools1 in cooperation with international law enforcement entities and appropriate application of the ,hague ,abduction ,convention could-- 7,a7 discourage some parents from attempting abductions2 7,b7 block attempted abductions at ports of exit2 and 7,c7 help achieve the return of more abducted children4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states should set a strong example for other ,convention countries in the timely location and prompt resolution of cases involving children abducted abroad and brought to the ,united ,states4 7c7 ,purposes ,the purposes of this ,act are-- 7#a7 to protect children whose habitual residence is the ,united ,states from wrongful abduction2 7#b7 to assist left-behind parents in quickly resolving cases and maintaining safe and predictable contact with their child while an abduction case is pending2 7#c7 to protect the custodial rights of parents1 including military parents1 by providing the parents1 the judicial system1 and law enforcement authorities with the information they need to prevent unlawful abduction before it occurs2 7#d7 to enhance the prompt resolution of abduction and access cases2 7#e7 to detail an appropriate set of actions to be undertaken by the ,secretary of ,state to address persistent problems in the resolution of abduction cases2 7#f7 to establish a program to prevent wrongful abductions2 and 7#g7 to increase interagency coordination in preventing international child abduction by convening a working group composed of presidentially appointed and ,senate confirmed officials from the ,department of ,state1 the ,department of ,homeland ,security1 and the ,department of ,justice4 #c4 ,definitions ,in this ,act3 7#a7 ,abducted child ,the term abducted child means a child who is the victim of international child abduction4 7#b7 ,abduction ,the term abduction means the alleged wrongful removal of a child from the child's country of habitual residence1 or the wrongful retention of a child outside such country1 in violation of a left-behind parent's custodial rights1 including the rights of a military parent4 7#c7 ,abduction case ,the term abduction case means a case that-- 7,a7 has been reported to the ,central ,authority of the ,united ,states by a left-behind parent for the resolution of an abduction2 and 7,b7 meets the criteria for an international child abduction under the ,hague ,abduction ,convention1 regardless of whether the country at issue is a ,convention country4 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 parent seeking 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 a bilateral procedures country1 the formal document required1 pursuant to the provisions of the applicable arrangement1 to request the return of an abducted child or to request rights of access1 as applicable2 and 7,c7 in the case of a non-,convention 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 contact with an abducted child4 7#g7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#h7 ,bilateral procedures ,the term bilateral procedures means any procedures established by1 or pursuant to1 a bilateral arrangement1 including a ,memorandum of ,understanding between the ,united ,states and another country1 to resolve abduction and access cases1 including procedures to address interim contact matters4 7#i7 ,bilateral procedures country ,the term bilateral procedures country means a country with which the ,united ,states has entered into bilateral procedures1 including ,memoranda of ,understanding1 with respect to child abductions4 7#aj7 ,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 memorandum of understanding 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 non-,convention country1 the foreign ministry or other appropriate authority of such country4 7#aa7 ,child ,the term child means an individual who has not attained #af years of age4 7#ab7 ,convention country ,the term ,convention country means a country for which the ,hague ,abduction ,convention has entered into force with respect to the ,united ,states4 7#ac7 ,hague abduction convention ,the term ,hague ,abduction ,convention means the ,convention on the ,civil ,aspects of ,international ,child ,abduction1 done at ,the ,hague ,october #be1 #aihj4 7#ad7 ,interim contact ,the term interim contact means the ability of a left-behind parent to communicate with or visit an abducted child during the pendency of an abduction case4 7#ae7 ,left-behind parent ,the term left-behind parent means an individual who alleges that an abduction has occurred that is in breach of rights of custody attributed to such individual4 7#af7 ,non-convention country ,the term non-,convention country means a country in which the ,hague ,abduction ,convention has not entered into force with respect to the ,united ,states4 7#ag7 ,overseas military dependent child ,the term overseas 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#ah7 ,overseas military parent ,the term overseas military parent means an individual who-- 7,a7 has custodial rights with respect to a child2 and 7,b7 is serving outside the ,united ,states as a member of the ,united ,states ,armed ,forces4 7#ai7 ,pattern of noncompliance 7,a7 ,in general ,the term pattern of noncompliance means the persistent failure-- 7i7 of a ,convention country to implement and abide by provisions of the ,hague ,abduction ,convention2 7ii7 of a non-,convention country to abide by bilateral procedures that have been established between the ,united ,states and such country2 or 7iii7 of a non-,convention country to work with the ,central ,authority of the ,united ,states to resolve abduction cases4 7,b7 ,persistent failure ,persistent failure under subparagraph 7,a7 may be evidenced in a given country by the presence of #a or more of the following criteria3 7i7 ,thirty percent or more of the total abduction cases in such country are unresolved abduction cases4 7ii7 ,the ,central ,authority regularly fails to fulfill its responsibilities pursuant to-- 7,i7 the ,hague ,abduction ,convention2 or 7,,ii7 any bilateral procedures between the ,united ,states and such country4 7iii7 ,the judicial or administrative branch1 as applicable1 of the national government of a ,convention country or a bilateral procedures country fails to regularly implement and comply with the provisions of the ,hague ,abduction ,convention or bilateral procedures1 as applicable4 7iv7 ,law enforcement authorities regularly fail to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of the government of the country in abduction cases4 7#bj7 ,rights of access ,the term rights of access means the establishment of rights of contact between a child and a parent seeking access in ,convention countries under the laws of the country in which the child is located-- 7,a7 by operation of law2 7,b7 through a judicial or administrative determination2 or 7,c7 through a legally enforceable arrangement between the parties4 7#ba7 ,rights of custody ,the term rights of custody means rights of care and custody of a child1 including the right to determine the place of residence of a child1 under the laws of the country in which the child is a habitual resident-- 7,a7 attributed to an individual2 and 7,b7 arising-- 7i7 by operation of law2 7ii7 through a judicial or administrative decision2 or 7iii7 through a legally enforceable arrangement between the parties4 7#bb7 ,rights of interim contact ,the term rights of interim contact means the rights of contact between a child and a left-behind parent1 which has been provided as a provisional measure while an abduction case is pending1 under the laws of the country in which the child is located-- 7,a7 by operation of law2 7,b7 through a judicial or administrative determination2 or 7,c7 through a legally enforceable arrangement between the parties4 7#bc7 ,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 #ab months after the date on which the completed 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 other appropriate bilateral procedures1 if applicable2 7ii7 the judicial or administrative branch1 as applicable1 of the government of the country in which the child is located has implemented1 and is complying with1 the provisions of the ,hague ,abduction ,convention or other bilateral procedures1 as applicable2 7iii7 the left-behind parent reaches a voluntary arrangement with the other parent2 7iv7 the left-behind parent submits a written withdrawal of the application or the request for assistance to the ,department of ,state2 7v7 the left-behind parent cannot be located for #a year despite the documented efforts of the ,department of ,state to locate the parent2 or 7vi7 the child or left-behind parent is deceased4 ,i ,department of ,state actions #aja4 ,annual report 7a7 ,in general ,not later than ,april #cj 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 shall include-- 7#a7 a list of all countries in which there were #a or more abduction cases1 during the preceding calendar year1 relating to a child whose habitual residence is the ,united ,states1 including a description of whether each such country-- 7,a7 is a ,convention country2 7,b7 is a bilateral procedures country2 7,c7 has other procedures for resolving such abductions2 or 7,d7 adheres to no protocols with respect to child abduction2 7#b7 for each country with respect to which there were #e or more pending abduction cases1 during the preceding year1 relating to a child whose habitual residence is the ,united ,states-- 7,a7 the number of such new abduction and access cases reported during the preceding year2 7,b7 for ,convention and bilateral procedures countries-- 7i7 the number of abduction and access cases that the ,central ,authority of the ,united ,states transmitted to the ,central ,authority of such country2 and 7ii7 the number of abduction and access cases that were not submitted by the ,central ,authority to the judicial or administrative authority1 as applicable1 of such country2 7,c7 the reason for the delay in submission of each case identified in subparagraph 7,b77ii7 by the ,central ,authority of such country to the judicial or administrative authority of that country2 7,d7 the number of unresolved abduction and access cases1 and the length of time each case has been pending2 7,e7 the number and percentage of unresolved abduction cases in which law enforcement authorities have-- 7i7 not located the abducted child2 7ii7 failed to undertake serious efforts to locate the abducted child2 and 7iii7 failed to enforce a return order rendered by the judicial or administrative authorities of such country2 7,f7 the total number and the percentage of the total number of abduction and access cases1 respectively1 resolved during the preceding year2 7,g7 recommendations to improve the resolution of abduction and access cases2 and 7,h7 the average time it takes to locate a child2 7#c7 the number of abducted children whose habitual residence is in the ,united ,states and who were returned to the ,united ,states from-- 7,a7 ,convention countries2 7,b7 bilateral procedures countries2 7,c7 countries having other procedures for resolving such abductions2 or 7,d7 countries adhering to no protocols with respect to child abduction2 7#d7 a list of ,convention countries and bilateral procedures countries that have failed to comply with any of their obligations under the ,hague ,abduction ,convention or bilateral procedures1 as applicable1 with respect to the resolution of abduction and access cases2 7#e7 a list of countries demonstrating a pattern of noncompliance and a description of the criteria on which the determination of a pattern of noncompliance for each country is based2 7#f7 information on efforts by the ,secretary of ,state to encourage non-,convention countries-- 7,a7 to ratify or accede to the ,hague ,abduction ,convention2 7,b7 to enter into or implement other bilateral procedures1 including memoranda of understanding1 with the ,united ,states2 and 7,c7 to address pending abduction and access cases2 7#g7 the number of cases resolved without abducted children being returned to the ,united ,states from ,convention countries1 bilateral procedures countries1 or other non-,convention countries2 7#h7 a list of countries that became ,convention countries with respect to the ,united ,states during the preceding year2 and 7#i7 information about efforts to seek resolution of abduction cases of children whose habitual residence is in the ,united ,states and whose abduction occurred before the ,hague ,abduction ,convention entered into force with respect to the ,united ,states4 7c7 ,exceptions ,unless a left-behind parent provides written permission to the ,central ,authority of the ,united ,states to include personally identifiable information about the parent or the child in the ,annual ,report1 the ,annual ,report may not include any personally identifiable information about any such parent1 child1 or party to an abduction or access case involving such parent or child4 7d7 ,additional sections ,each ,annual ,report shall also include-- 7#a7 information on the number of unresolved abduction cases affecting military parents2 7#b7 a description of the assistance offered to such military parents2 7#c7 information on the use of airlines in abductions1 voluntary airline practices to prevent abductions1 and recommendations for best airline practices to prevent abductions2 7#d7 information on actions taken by the ,central ,authority of the ,united ,states to train domestic judges in the application of the ,hague ,abduction ,convention2 and 7#e7 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-- 7,a7 abductions2 7,b7 the risk of loss of contact with children2 and 7,c7 the legal means available to resolve such cases4 7e7 ,repeal of the ,hague ,abduction ,convention ,compliance ,report ,section #bhjc of the ,foreign ,affairs ,reform and ,restructuring ,act of #aiih 7#db ,u4,s4,c4 #aafaa7 is repealed4 7f7 ,notification to ,congress on countries in noncompliance 7#a7 ,in general ,the ,secretary of ,state shall include1 in a separate section of the ,annual ,report1 the ,secretary's determination1 pursuant to the provisions under section #bjb7;b71 of whether each country listed in the report has engaged in a pattern of noncompliance in cases of child abduction during the preceding #ab months4 7#b7 ,contents ,the section described in paragraph 7#a7-- 7,a7 shall identify any action or actions described in section #bjb7;d7 7or commensurate action as provided in section #bjb7;e77 that have been taken by the ,secretary with respect to each country2 7,b7 shall describe the basis for the ,secretary's determination of the pattern of noncompliance by each country2 7,c7 shall indicate whether all noneconomic policy options designed to resolve the pattern of noncompliance have reasonably been exhausted1 including the consultations required under section #bjc4 #ajb4 ,standards and assistance ,the ,secretary of ,state shall-- 7#a7 ensure that ,united ,states diplomatic and consular missions abroad-- 7,a7 maintain a consistent reporting standard with respect to abduction and access cases2 7,b7 designate at least #a senior official in each such mission1 at the discretion of the ,chief of ,mission1 to assist left-behind parents from the ,united ,states who are visiting such country or otherwise seeking to resolve abduction or access cases2 and 7,c7 monitor developments in abduction and access cases2 and 7#b7 develop and implement written strategic plans for engagement with any ,convention or non-,convention country in which there are #e or more cases of international child abduction4 #ajc4 ,bilateral procedures1 including memoranda of understanding 7a7 ,development 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall initiate a process to develop and enter into appropriate bilateral procedures1 including memoranda of understanding1 as appropriate1 with non-,convention countries that are unlikely to become ,convention countries in the foreseeable future1 or with ,convention countries that have unresolved abduction cases that occurred before the ,hague ,abduction ,convention entered into force with respect to the ,united ,states or that country4 7#b7 ,prioritization ,in carrying out paragraph 7#a71 the ,secretary of ,state shall give priority to countries with significant abduction cases and related issues4 7b7 ,elements ,the bilateral procedures described in subsection 7a7 shall include provisions requiring-- 7#a7 the identification of-- 7,a7 the ,central ,authority2 7,b7 the judicial or administrative authority that will promptly adjudicate abduction and access cases2 7,c7 the law enforcement agencies2 and 7,d7 the implementation of procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to subparagraph 7,b7 to return an abducted child to a left-behind parent1 including by-- 7i7 conducting an investigation to ascertain the location of the abducted child2 7ii7 providing protection to the abducted child after such child is located2 and 7iii7 retrieving the abducted child and making the appropriate arrangements for such child to be returned to the child's country of habitual residence2 7#b7 the implementation of a protocol to 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 the implementation of a protocol for the establishment and protection of the rights of interim contact during pendency of abduction cases2 and 7#d7 the implementation of a protocol to establish periodic visits between a ,united ,states embassy or consular official and an abducted child1 in order to allow the official to ascertain the child's location and welfare4 #ajd4 ,report to congressional representatives 7a7 ,notification ,the ,secretary of ,state shall submit written notification to the ,member of ,congress and ,senators1 or ,resident ,commissioner or ,delegate1 as appropriate1 representing the legal residence of a left-behind parent if such parent-- 7#a7 reports an abduction to the ,central ,authority of the ,united ,states2 and 7#b7 consents to such notification4 7b7 ,timing ,at the request of any person who is a left-behind parent1 including a left-behind parent who previously reported an abduction to the ,central ,authority of the ,united ,states before the date of the enactment of this ,act1 the notification required under subsection 7a7 shall be provided as soon as is practicable4 ,,ii ,actions by the ,secretary of ,state #bja4 ,response to international child abductions 7a7 ,united ,states policy ,it is the policy of the ,united ,states-- 7#a7 to promote the best interest of children wrongfully abducted from the ,united ,states by-- 7,a7 establishing legal rights and procedures for their prompt return2 and 7,b7 ensuring the enforcement of reciprocal international obligations under the ,hague ,abduction ,convention or other bilateral procedures1 as applicable2 7#b7 to promote the timely resolution of abduction cases through #a or more of the actions described in section #bjb2 and 7#c7 to ensure appropriate coordination within the ,federal ,government and between ,federal1 ,state1 and local agencies involved in abduction prevention1 investigation1 and resolution4 7b7 ,actions by the ,secretary of ,state in response to unresolved cases 7#a7 ,determination of action by the secretary of state ,for each abduction or access case relating to a child whose habitual residence is in the ,united ,states that remains pending or is otherwise unresolved on the date that is #ab months after the date on which the ,central ,authority of the ,united ,states submits such case to a foreign country1 the ,secretary of ,state shall determine whether the government of such foreign country has failed to take appropriate steps to resolve the case4 ,if the ,secretary of ,state determines that such failure occurred1 the ,secretary should1 as expeditiously as practicable-- 7,a7 take #a or more of the actions described in subsections 7d7 and 7e7 of section #bjb2 and 7,b7 direct the ,chief of ,mission in that foreign country to directly address the resolution of the case with senior officials in the foreign government4 7#b7 ,authority for delay of action by the secretary of state ,the ,secretary of ,state may delay any action described in paragraph 7#a7 if the ,secretary determines that an additional period of time1 not to exceed #a year1 will substantially assist in resolving the case4 7#c7 ,report ,if the ,secretary of ,state delays any action pursuant to paragraph 7#b7 or decides not to take an action described in subsection 7d7 or 7e7 of section #bjb after making the determination described in paragraph 7#a71 the ,secretary1 not later than #ae days after such delay or decision1 provide a report to the appropriate congressional committees that details the reasons for delaying action or not taking action1 as appropriate4 7#d7 ,congressional briefings ,at the request of the appropriate congressional committees1 the ,secretary of ,state shall provide a detailed briefing1 including a written report1 if requested1 on actions taken to resolve a case or the cause for delay4 7c7 ,implementation 7#a7 ,in general ,in carrying out subsection 7b71 the ,secretary of ,state should-- 7,a7 take #a or more actions that most appropriately respond to the nature and severity of the governmental failure to resolve the unresolved abduction case2 and 7,b7 seek1 to the fullest extent possible-- 7i7 to initially respond by communicating with the ,central ,authority of the country2 and 7ii7 if clause 7i7 is unsuccessful1 to target subsequent actions-- 7,i7 as narrowly as practicable1 with respect to the agencies or instrumentalities of the foreign government that are responsible for such failures2 and 7,,ii7 in ways that respect the separation of powers and independence of the judiciary of the country1 as applicable4 7#b7 ,guidelines for actions by the secretary of state ,in addition to the guidelines under paragraph 7#a71 the ,secretary of ,state1 in determining whether to take #a or more actions under paragraphs 7#e7 through 7#g7 of section #bjb7;d7 or section #bjb7;e71 shall seek to minimize any adverse impact on-- 7,a7 the population of the country whose government is targeted by the action or actions2 7,b7 the humanitarian activities of ,united ,states and nongovernmental organizations in the country2 and 7,c7 the national security interests of the ,united ,states4 #bjb4 ,actions by the ,secretary of ,state in response to patterns of noncompliance in cases of international child abductions 7a7 ,response to a pattern of noncompliance ,it is the policy of the ,united ,states-- 7#a7 to oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the ,hague ,abduction ,convention or bilateral procedures1 as applicable1 to resolve abduction and access cases2 7#b7 to promote reciprocity pursuant to1 and in compliance with1 the ,hague ,abduction ,convention or bilateral procedures1 as appropriate2 and 7#c7 to directly engage with senior foreign government officials to most effectively address patterns of noncompliance4 7b7 ,determination of countries with patterns of noncompliance in cases of international child abduction 7#a7 ,annual review ,not later than ,april #cj of each year1 the ,secretary of ,state shall-- 7,a7 review the status of abduction and access cases in each foreign country in order to determine whether the government of such country has engaged in a pattern of noncompliance during the preceding #ab months2 and 7,b7 report such determination pursuant to section #aja7;f74 7#b7 ,determinations of responsible parties ,the ,secretary of ,state shall seek to determine the agencies or instrumentalities of the government of each country determined to have engaged in a pattern of noncompliance under paragraph 7#a77;,a7 that are responsible for such pattern of noncompliance-- 7,a7 to appropriately target actions in response to such noncompliance2 and 7,b7 to engage with senior foreign government officials to effectively address such noncompliance4 7c7 ,actions by the ,secretary of ,state with respect to a country with a pattern of noncompliance 7#a7 ,in general ,not later than #ij days 7or #ahj days in case of a delay under paragraph 7#b77 after a country is determined to have been engaged in a pattern of noncompliance under subsection 7b77#a77;,a71 the ,secretary of ,state shall-- 7,a7 take #a or more of the actions described in subsection 7d72 7,b7 direct the ,chief of ,mission in that country to directly address the systemic problems that led to such determination2 and 7,c7 inform senior officials in the foreign government of the potential repercussions related to such designation4 7#b7 ,authority for delay of actions by the secretary of state ,the ,secretary shall not be required to take action under paragraph 7#a7 until the expiration of a single1 additional period of up to #ij days if1 on or before the date on which the ,secretary of ,state is required to take such action1 the ,secretary determines and certifies to the appropriate congressional committees that such additional period is necessary-- 7,a7 for a continuation of negotiations that have been commenced with the government of a country described in paragraph 7#a7 in order to bring about a cessation of the pattern of noncompliance by such country2 7,b7 for a review of corrective action taken by a country after the designation of such country as being engaged in a pattern of noncompliance under subsection 7b77#a77;,a72 or 7,c7 in anticipation that corrective action will be taken by such country during such #ij-;day period4 7#c7 ,exception for additional action by the secretary of state ,the ,secretary of ,state shall not be required to take additional action under paragraph 7#a7 with respect to a country determined to have been engaged in a persistent pattern of noncompliance if the ,secretary-- 7,a7 has taken action pursuant to paragraph 7#e71 7#f71 or 7#g7 of subsection 7d7 with respect to such country in the preceding year and such action continues to be in effect2 7,b7 exercises the waiver under section #bjd and briefs the appropriate congressional committees2 or 7,c7 submits a report to the appropriate congressional committees that-- 7i7 indicates that such country is subject to multiple1 broad-based sanctions2 and 7ii7 describes how such sanctions satisfy the requirements under this subsection4 7#d7 ,report to congress ,not later than #ij days after the submission of the ,annual ,report1 the ,secretary shall submit a report to ,congress on the specific actions taken against countries determined to have been engaged in a pattern of noncompliance under this section4 7d7 ,description of actions by the ,secretary of ,state in ,hague ,abduction ,convention countries ,except as provided in subsection 7f71 the actions by the ,secretary of ,state referred to in this subsection are-- 7#a7 a demarche2 7#b7 an official public statement detailing unresolved cases2 7#c7 a public condemnation2 7#d7 a delay or cancellation of #a or more bilateral working1 official1 or state visits2 7#e7 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 #baean72 7#f7 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 #bcjd72 and 7#g7 the withdrawal1 limitation1 or suspension of assistance to the central government of a country pursuant to chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdf et seq42 relating to the ,economic ,support ,fund74 7e7 ,commensurate action 7#a7 ,in general ,except as provided in subsection 7f71 the ,secretary of ,state may substitute any other action authorized by law for any action described in subsection 7d7 if the ,secretary determines that such action-- 7,a7 is commensurate in effect to the action substituted2 and 7,b7 would substantially further the purposes of this ,act4 7#b7 ,notification ,if commensurate action is taken pursuant to this subsection1 the ,secretary shall submit a report to the appropriate congressional committees that-- 7,a7 describes such action2 7,b7 explains the reasons for taking such action2 and 7,c7 specifically describes the basis for the ,secretary's determination under paragraph 7#a7 that such action-- 7i7 is commensurate with the action substituted2 and 7ii7 substantially furthers the purposes of this ,act4 7f7 ,resolution ,the ,secretary of ,state shall seek to take all appropriate actions authorized by law to resolve the unresolved case or to obtain the cessation of such pattern of noncompliance1 as applicable4 7g7 ,humanitarian exception ,any action taken pursuant to subsection 7d7 or 7e7 may not prohibit or restrict the provision of medicine1 medical equipment or supplies1 food1 or other life-saving humanitarian assistance4 #bjc4 ,consultations with foreign governments ,as soon as practicable after the ,secretary of ,state makes a determination under section #bja in response to a failure to resolve unresolved abduction cases or the ,secretary takes an action under subsection 7d7 or 7e7 of section #bjb1 based on a pattern of noncompliance1 the ,secretary shall request consultations with the government of such country regarding the situation giving rise to such determination4 #bjd4 ,waiver by the ,secretary of ,state 7a7 ,in general ,subject to subsection 7b71 the ,secretary of ,state may waive the application of any of the actions described in subsections 7d7 and 7e7 of section #bjb with respect to a country if the ,secretary determines and notifies the appropriate congressional committees that-- 7#a7 the government of such country-- 7,a7 has satisfactorily resolved the abduction cases giving rise to the application of any of such actions2 or 7,b7 has ended such country's pattern of noncompliance2 or 7#b7 the national security interest of the ,united ,states requires the exercise of such waiver authority4 7b7 ,congressional notification ,not later than the date on which the ,secretary of ,state exercises the waiver authority under subsection 7a71 the ,secretary shall-- 7#a7 notify the appropriate congressional committees of such waiver2 and 7#b7 provide such committees with a detailed justification for such waiver1 including an explanation of the steps the noncompliant government has taken-- 7,a7 to resolve abductions cases2 or 7,b7 to end its pattern of noncompliance4 7c7 ,publication in ,federal ,register ,subject to subsection 7d71 the ,secretary of ,state shall ensure that each waiver determination under this section-- 7#a7 is published in the ,federal ,register2 or 7#b7 is posted on the ,department of ,state website4 7d7 ,limited disclosure of information ,the ,secretary of ,state may limit the publication of information under subsection 7c7 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 ,secretary determines that the publication of such information would be harmful to the national security of the ,united ,states and would not further the purposes of this ,act4 #bje4 ,termination of actions by the ,secretary of ,state ,any specific action taken under this ,act or any amendment made by this ,act with respect to a foreign country shall terminate on the date on which the ,secretary of ,state submits a written certification to ,congress that the government of such country-- 7#a7 has resolved any unresolved abduction case that gave rise to such specific action2 or 7#b7 has taken substantial and verifiable steps to correct such country's persistent pattern of noncompliance that gave rise to such specific action1 as applicable4 ,,iii ,prevention of ,international ,child ,abduction #cja4 ,preventing children from leaving the ,united ,states in violation of a court order 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq47 is amended by adding at the end the following3 #dcc4 ,prevention of international child abduction 7a7 ,program established ,the ,secretary1 through the ,commissioner of ,u4,s4 ,customs and ,border ,protection 7referred to in this section as ,,cbp71 in coordination with the ,secretary of ,state1 the ,attorney ,general1 and the ,director of the ,federal ,bureau of ,investigation1 shall establish a program that-- 7#a7 seeks to prevent a child 7as defined in section #abjd7;b77#a7 of title #ah1 ,united ,states ,code7 from departing from the territory of the ,united ,states if a parent or legal guardian of such child presents a court order from a court of competent jurisdiction prohibiting the removal of such child from the ,united ,states to a ,,cbp ,officer in sufficient time to prevent such departure for the duration of such court order1 including through the use of existing authorities and processes to address the wrongful removal2 and 7#b7 leverages other existing authorities and processes to address the wrongful removal and return of a child4 7b7 ,interagency coordination 7#a7 ,in general ,the ,secretary of ,state shall convene and chair an interagency working group to prevent international parental child abduction4 ,the group shall be composed of presidentially appointed1 ,senate confirmed officials from-- 7,a7 the ,department of ,state2 7,b7 the ,department of ,homeland ,security1 including ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,c7 the ,department of ,justice1 including the ,federal ,bureau of ,investigation4 7#b7 ,department of defense ,the ,secretary of ,defense shall designate an official within the ,department of ,defense-- 7,a7 to coordinate with the ,department of ,state on international child abduction issues2 and 7,b7 to oversee activities designed to prevent or resolve international child abduction cases relating to active duty military service members4 4 7b7 ,clerical amendment ,the table of contents of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja note7 is amended by adding after the item relating to section #dcb the following3 ,sec4 #dcc4 ,prevention of international child abduction4 4 #cjb4 ,authorization for judicial training on international parental child abduction 7a7 ,in general ,the ,secretary of ,state1 subject to the availability of appropriations1 shall seek to provide training1 directly or through another government agency or nongovernmental organizations1 on the effective handling of parental abduction cases to the judicial and administrative authorities in countries-- 7#a7 in which a significant number of unresolved abduction cases are pending2 or 7#b7 that have been designated as having a pattern of noncompliance under section #bjb7;b74 7b7 ,strategy requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit a strategy to carry out the activities described in subsection 7a7 to-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#c7 the ,committee on ,appropriations of the ,senate2 and 7#d7 the ,committee on ,appropriations of the ,house of ,representatives4 7c7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary of ,state #e1jjj1jjj for each of the fiscal years #bjae and #bjaf to carry out subsection 7a74 7#b7 ,use of funds ,amounts appropriated for the activities set forth in subsection 7a7 shall be used pursuant to the authorization and requirements under this section4