[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9669 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9669
To amend the Sean and David Goldman International Child Abduction
Prevention and Return Act of 2014 to expand protections for abducted
children, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 21, 2022
Mr. Smith of New Jersey introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Sean and David Goldman International Child Abduction
Prevention and Return Act of 2014 to expand protections for abducted
children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bring Abducted
Children Home Amendments Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to purposes and definitions.
Sec. 3. Annual report on international child abduction expanded.
Sec. 4. Amendments to standards and assistance.
Sec. 5. Amendments relating to notification required to be provided to
congressional representatives.
Sec. 6. Amendments to authorities to respond to international child
abductions.
Sec. 7. Amendments to actions in response to patterns of noncompliance.
Sec. 8. Amendments relating to training.
Sec. 9. Modifications to the Office of Children's Issues of the
Department of State.
Sec. 10. Increasing sentencing guideline for international parental
kidnapping.
Sec. 11. Clerical amendments.
Sec. 12. Expanding notification requirements for missing children.
Sec. 13. Legal expense grants for victims of international parental
child abduction.
SEC. 2. AMENDMENTS TO PURPOSES AND DEFINITIONS.
The Sean and David Goldman International Child Abduction Prevention
and Return Act of 2014 (22 U.S.C. 9101 et seq.) is amended as follows:
(1) In section 2(c) (22 U.S.C. 9101 note)--
(A) by amending paragraph (4) to read as follows:
``(4) to enhance the prompt resolution of abduction cases
by returning children to the United States;'';
(B) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively; and
(C) by inserting after paragraph (4) the following:
``(5) to enhance the prompt resolution of access cases by
reuniting children with their left-behind parents with
unfettered and enforceable access;''.
(2) In section 3 (22 U.S.C. 9101)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``;
and'' at the end and inserting a semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) includes all cases reported involving an
application filed with the Central Authority of the
United States or directly with the foreign central
authority by a parent seeking rights of access or
return.'';
(B) by amending paragraph (7) to read as follows:
``(7) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs, the
Committee on Appropriations, and the Committee on
Homeland Security of the House of Representatives; and
``(B) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Homeland Security and Governmental Affairs of the
Senate.'';
(C) in paragraph (11), by striking ``16'' and
inserting ``18'';
(D) by amending subparagraph (A) of paragraph (19)
to read as follows:
``(A) In general.--The term `pattern of
noncompliance' means the persistent failure--
``(i) of a Convention country--
``(I) with respect to abduction
cases pending as of the date on which
the country entered the Hague Abduction
Convention--
``(aa) to work with the
Central Authority of the United
States to resolve such cases;
and
``(bb) to abide by any
bilateral procedures
established between the United
States and such country; or
``(II) with respect to cases
initiated after such date of entry, to
implement and abide by provisions of
such Convention;
``(ii) of a non-Convention country to abide
by bilateral procedures that have been
established between the United States and such
country; or
``(iii) of a non-Convention country to work
with the Central Authority of the United States
to resolve abduction cases.'';
(E) in paragraph (23)--
(i) by amending subparagraph (A) to read as
follows:
``(A) In general.--The term `unresolved abduction
case' means an abduction case--
``(i) that does not meet the criteria to be
considered resolved pursuant to subparagraph
(B), (C), or (D) of this paragraph; and
``(ii) for which the completed application
for return of the child or access to the child
is submitted by the Central Authority of the
United States, or directly by the parent, for
determination to the foreign Central Authority,
foreign ministry, judicial ministry, or the
judicial or administrative authority, as
applicable, of the country in which the child
is located.''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Resolution of case with a return.--An
abduction case shall be considered to be resolved if
the child is returned to the left-behind parent,
pursuant to the Hague Abduction Convention or other
appropriate bilateral procedures, if applicable.
``(C) Resolution of case without a return.--An
abduction case shall be considered to be resolved
without a return if--
``(i) the left-behind parent reaches a
voluntary arrangement with the other parent or
custodian of the child;
``(ii) the left-behind parent submits to
the Department of State a written withdrawal of
the application under the Hague Convention on
the Civil Aspects of Child Abduction for Return
or the request for assistance in returning the
child; or
``(iii) the left-behind parent submits to
the Department of State a written withdrawal of
the application for the organization of rights
of Access under the Hague Convention on the
Civil Aspects of International Child Abduction
or the request for assistance in obtaining
access to the child.
``(D) Failed to return; case closed.--An abduction
case shall be considered to be resolved as `failed to
return; case closed' if--
``(i) the judicial or administrative
branch, as applicable, of the government of the
country in which the child is located--
``(I) has implemented, and is
complying with, the provisions of the
Hague Abduction Convention or other
bilateral procedures, as applicable;
``(II) has denied with finality the
Petition for return of the child under
the Convention or request under other
bilateral procedure, as applicable; and
``(III) has determined that the
child need not be returned to the left-
behind parent;
``(ii) the Department of State cannot
locate the left-behind parent for one year
despite the documented efforts of the
Department to locate the parent;
``(iii) the child is deceased;
``(iv) the left-behind parent is deceased
and no amended petition has been filed; or
``(v) the abducted child attains the age of
18.'';
(F) by redesignating paragraphs (5) through (23)
(as amended) as paragraphs (6) through (24),
respectively; and
(G) by inserting the following new paragraph after
paragraph (4):
``(5) Ambassador-at-large to monitor and combat child
abductions.--
``(A) In general.--The term `Ambassador-at-Large to
Monitor and Combat Child Abductions' means the
Ambassador-at-Large to Monitor and Combat Child
Abductions appointed pursuant to section 201(a) of the
Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001
(22 U.S.C. 9009).
``(B) Duties.--The duties and responsibilities of
the Ambassador-at-Large to Monitor and Combat Child
Abductions shall be carried out, during any period in
which such Ambassador has not been duly appointed and
confirmed, by--
``(i) the Director of the Office of
Children's Issues of the Department of State,
as provided in section 201(a)(2)(B) of the
Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001; or
``(ii) if such Director has also not been
appointed or confirmed, the Secretary of
State.''.
SEC. 3. ANNUAL REPORT ON INTERNATIONAL CHILD ABDUCTION EXPANDED.
Section 101 of the Sean and David Goldman International Child
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9111) is amended
as follows:
(1) In subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``abduction and''
after ``of such new''; and
(II) by striking ``,
respectively,'' and inserting ``as
were'';
(ii) in subparagraph (G), by striking ``;
and'' and inserting a semicolon;
(iii) by redesignating subparagraphs (A)
through (H) as subparagraphs (C) through (J),
respectively;
(iv) by inserting the following new
subparagraphs before subparagraph (C) (as so
redesignated):
``(A) the number of children abducted from the
United States and the number of children returned to
the United States with respect to such country for each
year of the 10-year period ending on the date of the
submission of the report;
``(B) the total number of children abducted from
the United States and the total number of children
returned to the United States with respect to such
country during the period beginning January 1, 1994,
and the ending on the date of the submission of the
report;''; and
(v) by adding at the end the following:
``(K) the number of cases resolved with a return to
the United States;
``(L) for cases resolved without a return, the
number resolved with respect to which the left-behind
parent--
``(i) reached a voluntary arrangement with
the other parent or custodian of the child;
``(ii) submitted to the Department of State
a written withdrawal of the application under
the Hague Abduction Convention for the return
of, or requesting assistance in returning, the
child; or
``(iii) submitted to the Department of
State a written withdrawal of the application
for organization of rights of access under the
Hague Abduction Convention or requesting for
assistance in obtaining access to the child;
and
``(M) for cases closed with a failure to return,
the number of cases with respect to which--
``(i) the judicial or administrative
branch, as applicable, of the government of the
country in which the child is located--
``(I) has implemented, and is
complying with, the provisions of the
Hague Abduction Convention or other
bilateral procedures, as applicable;
``(II) has denied with finality the
petition for return of the child under
the Convention, or request under other
bilateral procedure, as applicable; and
``(III) has determined that the
child need not be returned to the left-
behind parent;
``(ii) the Department of State cannot
locate the left-behind parent for one year
despite the documented efforts of the
Department to locate the parent;
``(iii) the child is deceased;
``(iv) the left-behind parent is deceased
and no amended petition has been filed; or
``(v) the victim of the abduction is now
over 18 years old.'';
(B) in paragraph (9), by striking ``and'' at the
end;
(C) in paragraph (10), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following new
paragraphs:
``(11) the total number of children abducted from the
United States and the total number of children returned to the
United States with respect to all countries, for each year in
the 10-year period ending on the date of the submission of the
report;
``(12) the total number of children abducted from each
State with respect to all countries during the period beginning
January 1, 1994, and the ending on the date of the submission
of the report; and
``(13) the total number of children abducted from the
United States and the total number of children returned to the
United States with respect to all countries during the period
beginning January 1, 1994, and the ending on the date of the
submission of the report.''.
(2) In subsection (d)--
(A) in paragraph (4), by striking ``; and'' at the
end and inserting a semicolon;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(6) a section that includes--
``(A) a `tier 1' list of countries and
territories--
``(i) with respect to which there are one
or more pending or unresolved abduction cases;
and
``(ii) the governments of which the
Secretary of State determines have neither
engaged in a persistent failure described in
section 3(20)(B) nor in a pattern of
noncompliance, as defined in section 3(20)(A);
``(B) a `tier 2' list of countries and territories
the governments of which the Secretary of State
determines have engaged in a persistent failure
described in section 3(20)(B), but are making
significant efforts to bring themselves into compliance
with those standards, and with respect to which--
``(i) the estimated number of unresolved
abduction and access cases is very significant
or is significantly increasing and the country
is not taking proportional concrete actions; or
``(ii) there is a failure to provide
evidence of increasing efforts to resolve
unresolved abduction and access cases from the
previous year; and
``(C) a `tier 3' list of countries and territories
the governments of which the Secretary of State
determines have engaged in both a persistent failure
described in section 3(20)(B) as well as a pattern of
noncompliance, as defined in section 3(20)(A); and
``(7) a section describing the status of legal protections
for victims of domestic violence and their children, with
appropriate links to substantive intergovernmental reports
(such as a United States country report documenting issues of
domestic violence against vulnerable populations within the
country), including--
``(A) a description of the ability of a victim of
domestic abuse to obtain urgent protective and
restraining measures with respect to such victim and
any child of such victim;
``(B) an indication of where victims of domestic
violence may obtain access to justice and essential
services;
``(C) whether official findings of domestic or
family violence are available outside of the criminal
process, and are considered evidential in child custody
cases;
``(D) whether evidentiary standards and burdens of
proof in legal proceedings are consistent with United
States judicial proceedings; and
``(E) whether foreign court and law enforcement
will honor orders containing arrangements for the
protection of a child.''.
(3) By striking subsection (e) and redesignating subsection
(f) as subsection (e).
SEC. 4. AMENDMENTS TO STANDARDS AND ASSISTANCE.
Section 102 of the Sean and David Goldman International Child
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9112) is
amended--
(1) by striking ``sec. 102. standards and assistance.--The
Secretary of State shall--'' and inserting the following:
``SEC. 102. STANDARDS AND ASSISTANCE.
``(a) In General.--The Secretary of State shall--''; and
(2) by adding at the end the following:
``(b) Additional Actions by Secretary of State.--
``(1) Action plan for tier 3 countries.--
``(A) In general.--Not later than 180 days after
the submission of each annual report required by
section 101, the Secretary of State, acting through the
Ambassador-at-Large to Monitor and Combat Child
Abductions and the Assistant Secretary of the
appropriate regional bureau, shall--
``(i) prepare an action plan for each
country upgraded from the `tier 3' list
described in subparagraph (C) of section
101(d)(6) to the `tier 2' list described in
subparagraph (B) of such section, to further
improve such country's tier ranking; and
``(ii) present the relevant action plan to
the government of each such country.
``(B) Consultation.--In preparing the plan required
by subparagraph (A), the Secretary of State shall seek
to consult with the Central Authority from the
government of each applicable country with the
assistance of the United States ambassador to or charge
d'affaires for such country.
``(2) Transmission of information to tier 3 countries.--Not
less frequently than annually, the Secretary of State shall
provide to the foreign minister of each country that has been
downgraded to the `tier 3' list described in subparagraph (C)
of section 101(d)(6) in the most recent report submitted in
accordance with such section--
``(A) a copy of the Annual Report on International
Child Abductions; and
``(B) information pertinent to that country's
downgrade, including--
``(i) confirmation of the country's
inclusion in such `tier 3' list;
``(ii) the factors that contributed to the
downgrade; and
``(iii) the steps that the country must
take to be considered for an upgrade in status
of designation.
``(c) Assistance Provided by the Office of Children's Issues.--
``(1) Documentation relating to domestic violence.--For
each application that the Director of the Office of Children's
Issues transmits to a Central Authority, the Director shall
include documentation of--
``(A) domestic violence protections under the laws
of the country from which the child has been removed;
and
``(B) the availability of such protections to a
parent alleged to have fled the United States due to
domestic violence.
``(2) Volunteer national attorney network.--The Director of
the Office of Children's Issues shall take such steps as may be
necessary to expand its volunteer national attorney network--
``(A) to provide attorneys willing to represent a
responding parent in an incoming abduction case on a
pro bono or reduced fee basis, with respect to which--
``(i) the parent is advancing the defense
that such parent is a victim of domestic
violence; or
``(ii) in an incoming case brought under
the International Child Abduction Remedies Act
(22 U.S.C. 9001 et seq.), with respect to which
a defense of domestic violence has been made;
and
``(B) to assist parents, on a pro bono or reduced
fee basis, in outgoing cases, with--
``(i) an application for return or access
under the Hague Abduction Convention to be
transmitted by the Secretary of State to a
foreign Central Authority;
``(ii) referrals to foreign counsel, or
judicial or administrative officials, willing
to represent the interests of the child in
proceedings in the courts of foreign countries
to secure the entry and enforcement of any
undertaking orders entered by the foreign court
to facilitate access to that child or that
child's return; or
``(iii) obtaining, where appropriate,
protective orders related to allegations or
findings of domestic violence, until the court
of competent jurisdiction in the United States
can address the child custody case on the
merits.''.
SEC. 5. AMENDMENTS RELATING TO NOTIFICATION REQUIRED TO BE PROVIDED TO
CONGRESSIONAL REPRESENTATIVES.
Section 104 of the Sean and David Goldman International Child
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9114) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Notification.--The Secretary of State shall submit written
notification to the Member of Congress and Senators, or Resident
Commissioner or Delegate, as appropriate, representing the legal
residence of a left-behind parent if such parent reports an abduction
to the Central Authority of the United States (without regard to
whether such report occurred before, on, or after the date of the
enactment of this subsection).''; and
(2) by striking subsection (b) and inserting the following:
``(b) Timing.--The notification required under subsection (a) shall
be provided--
``(1) not later than 90 days after the date of the
enactment of such subsection, with respect to a report from a
left-behind parent that was made on or before such date of
enactment; or
``(2) not later than 90 days after the date of a report
from a left-behind parent made after such date of enactment.''.
SEC. 6. AMENDMENTS TO AUTHORITIES TO RESPOND TO INTERNATIONAL CHILD
ABDUCTIONS.
Section 201 of the Sean and David Goldman International Child
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9121) is amended
as follows:
(1) By amending subsection (b) to read as follows:
``(b) Actions in Response to Unresolved Cases.--
``(1) Determination of action.--For each abduction or
access case relating to a child whose habitual residence is in
the United States that remains pending after the Central
Authority of the United States or the parent submits such case
to a foreign country, the Secretary of State shall determine
whether the government of such foreign country has failed to
take appropriate steps to resolve the case. If such
determination is affirmative that such failure occurred, the
Secretary should, as expeditiously as practicable--
``(A) take 3 or more of the actions described in
subsections (d) and (e) of section 202; and
``(B) direct the chief of mission in that foreign
country to address the resolution of the case with
senior officials in the foreign government.
``(2) Authority for delay of action.--The Secretary of
State may delay any action described in paragraph (1) for up to
1 year if the Secretary determines that such additional time
will substantially assist in resolving the case.
``(3) Report.--If the Secretary of State determines to
delay an action pursuant to paragraph (2) or decides not to
take any action described in subsection (d) or (e) of section
202 after making the determination described in paragraph (1),
the Secretary shall provide a report to the appropriate
congressional committees, not later than 15 days after such
delay or decision, that describes the reasons for such delay or
decision.
``(4) Congressional briefings.--At the request of the
appropriate congressional committees, the Secretary of State
shall provide a briefing, including a written report, if
requested, on actions taken to resolve a case or the cause for
delay.''.
(2) By amending subsection (c) to read as follows:
``(c) Implementation.--
``(1) Sense of congress.--In carrying out subsection (b),
the Secretary of State should--
``(A) take 3 or more actions pursuant to
subparagraph (A) of subsection (b)(1) that most
appropriately respond to the nature and severity of the
governmental failure to resolve the unresolved
abduction case; and
``(B) seek, to the fullest extent possible--
``(i) to initially respond to such a
failure by communicating with the Central
Authority of the country; and
``(ii) if such communication is
unsuccessful in addressing the failure, to
target subsequent actions--
``(I) as narrowly as practicable,
with respect to the agencies or
instrumentalities of the foreign
government that are responsible for
such failures; and
``(II) in ways that respect the
separation of powers and independence
of the judiciary of the foreign
country, as applicable.
``(2) Additional guidelines for actions under section
202.--In addition to the guidelines under paragraph (1), in
determining whether to take 1 or more actions under paragraphs
(5) through (7) of section 202(d) or section 202(e) pursuant to
subparagraph (A) of subsection (b)(1), the Secretary of State
shall seek to minimize any adverse impact on--
``(A) the population of the country the government
of which is targeted by the action or actions;
``(B) the humanitarian activities of United States
and nongovernmental organizations in the country; and
``(C) the national security interests of the United
States.''.
(3) By adding at the end the following:
``(d) Action in the Case of Abducted Children Who Reach the Age of
16.--When an individual who is an abducted child attains 16 years of
age, a consular officer from a United States diplomatic mission in the
country in which such individual resides shall, until either the parent
seeking assistance or the individual (after attaining 18 years of age)
requests the officer to cease, annually--
``(1) attempt to contact such individual, engaging other
agencies and foreign counterparts as necessary to obtain a
verified location;
``(2) advise such individual of applicable rights under
section 51.28 of title 22, Code of Federal Regulations,
including with respect to executing an application for a
passport on the individual's own behalf; and
``(3) advise such individual of applicable rights under
sections 3301 through 3327 of title 38, United States Code.''.
SEC. 7. AMENDMENTS TO ACTIONS IN RESPONSE TO PATTERNS OF NONCOMPLIANCE.
Section 202 of the Sean and David Goldman International Child
Abduction Prevention and Return Act of 2014 (22 U.S.C. 9122) is amended
as follows:
(1) In the section heading, by striking ``by the secretary
of state''.
(2) In subsection (c)--
(A) in the heading, by striking ``by the Secretary
of State''; and
(B) by amending paragraph (4) to read as follows:
``(4) Reports.--
``(A) In general.--Not later than 90 days after the
submission of the Annual Report, the Secretary of State
shall submit a report to Congress on the specific
actions taken against countries determined to have
engaged in a pattern of noncompliance under this
section.
``(B) Briefing.--The Secretary of State shall
annually brief the appropriate congressional committees
on the report described in subparagraph (A).''.
(3) In subsection (d), by striking ``subsection (f)'' and
inserting ``subsection (g)''.
(4) In subsection (e), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--Except as provided in subsection (g),
the Secretary of State may substitute any other action
authorized by law for any action described in subsection (d) if
the Secretary determines that such action--
``(A) is commensurate in effect to the action
substituted; and
``(B) would substantially further the purposes of
this Act.
``(2) Notification.--If commensurate action is taken
pursuant to this subsection, the Secretary of State shall
submit to the appropriate congressional committees a report
that--
``(A) describes such action;
``(B) explains the reasons for taking such action;
and
``(C) specifically describes the basis for the
Secretary's determination under paragraph (1) that such
action--
``(i) is commensurate with the action
substituted; and
``(ii) substantially furthers the purposes
of this Act.''.
(5) By inserting the following new subsections after
subsection (g):
``(h) Study on International Parental Child Abduction.--
``(1) Study required.--Not later than 1 year after the date
of the enactment of this subsection, the Secretary of State
shall seek to enter into an agreement with an appropriate
nongovernmental organization to study and publish a report on
the grave harm to abducted children and left-behind parents as
a result of international parental child abduction.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $1,000,000 for each of fiscal years 2023 and
2024 to carry out the study described in paragraph (1).
``(3) Appropriate nongovernmental organization.--In this
subsection, the term `appropriate nongovernmental organization'
means a nongovernmental organization that has significant
expertise in the trauma associated with international parental
abductions.
``(i) Audit of Efforts.--The Secretary of State shall perform an
annual audit of the efforts of the Department of State to monitor and
combat international child abductions. Upon the completion of the first
such audit, the Secretary shall submit to the appropriate congressional
committees the results of the audit, specifically describing the
effects of actions taken under subsections (d) and (e).
``(j) Report.--Not later than 90 days after the Secretary of State
submits the first Annual Report required to be submitted after the date
of the enactment of this subsection, the Secretary of State shall
submit to the appropriate committees a report that contains the
following:
``(1) A description of the activities undertaken to conduct
the study required by subsection (h).
``(2) An update on the progress of the audit required by
subsection (i).''.
SEC. 8. AMENDMENTS RELATING TO TRAINING.
Title III of the Sean and David Goldman International Child
Abduction Prevention and Return Act of 2014 is amended--
(1) by repealing section 301;
(2) by redesignating section 302 (as amended by subsection
(a)) as section 301; and
(3) by adding at the end the following:
``SEC. 302. ADDITIONAL INTERNATIONAL PARENTAL CHILD ABDUCTION TRAINING.
``(a) In General.--The Secretary of State shall make training
available on international parental child abductions to domestic and
foreign professionals employed in the judicial, family court, or law
enforcement professions.
``(b) Authorizations of Appropriations.--There is authorized to be
appropriated $1,000,000 for each fiscal year to carry out the training
described in subsection (a).''.
SEC. 9. MODIFICATIONS TO THE OFFICE OF CHILDREN'S ISSUES OF THE
DEPARTMENT OF STATE.
(a) Establishment of United States Ambassador-at-Large To Monitor
and Combat Child Abductions.--Section 201(a) of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (22 U.S.C. 9009) is amended to read as follows:
``(a) Ambassador-at-Large To Monitor and Combat Child Abductions.--
``(1) Appointment.--The Office of Children's Issues of the
Department of State (in this section referred to as the
`Office') shall be led by an Ambassador-at-Large to Monitor and
Combat Child Abductions (in this section referred to as the
`Ambassador'), who shall be appointed by the President by and
with the advice and consent of the Senate and who shall report
directly to the Secretary of State.
``(2) Diplomatic representation.--Subject to the direction
of the President and the Secretary of State, the Ambassador is
authorized to represent the United States--
``(A) in matters and cases relevant to child
abduction affairs, through--
``(i) contacts with foreign governments,
intergovernmental organizations, specialized
agencies of the United Nations, and other
international organizations of which the United
States is a member; and
``(ii) multilateral conferences and
meetings relating to international child
abductions; and
``(B) in matters and cases relevant to inter-
country adoptions.
``(3) Additional duties and responsibilities.--The
Ambassador shall also be responsible for carrying out the
duties and responsibilities assigned to the Secretary of State
under the Sean and David Goldman International Child Abduction
Prevention and Return Act of 2014 (22 U.S.C. 9101 et seq.).
``(4) Director requirements.--
``(A) In general.--The Secretary of State shall
appoint to the position of Director of the Office of
the Department of State an individual described in
subparagraph (B) who can ensure long-term continuity in
the management and policy matters of the Office. Such
Director shall report directly to the Ambassador.
``(B) Qualified appointees.--An individual
described in this subparagraph is an individual--
``(i) of senior rank in the Department of
State;
``(ii) who is serving, at the time of the
appointment, as a foreign affairs civil service
officer; and
``(iii) who has a strong background in
consular affairs.
``(C) Assignment of duties.--During any period in
which an Ambassador has not been appointed and
confirmed pursuant to paragraph (1), the Director of
the Office shall carry out all duties and
responsibilities otherwise assigned to the
Ambassador.''.
(b) Expansion of Duties.--Section 201 of the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000
and 2001 (22 U.S.C. 9009) is amended by adding at the end the
following:
``(e) Formal Request Requirements.--
``(1) In general.--The Director of the Office shall ensure
that with respect to any abduction case relating to a non-
Convention country, a formal request by the Central Authority
of the United States to the Central Authority of such country
for the return of the abducted child and for rights of contact
with the abducted child--
``(A) is submitted within 30 days of a case being
opened by a parent with the Office; and
``(B) is renewed, or the Central Authority of the
non-Convention country is otherwise appropriately re-
engaged, every 90 days thereafter until the case is
resolved.
``(2) Accession to convention.--In the case of a case
relating to a non-Convention country that subsequently accedes
to the Hague Abduction Convention, the Director of the Office
shall ensure that a formal request described in paragraph (1)
that is submitted prior to such date of entry is renewed or re-
submitted in accordance with the requirements of the
Convention, or the Central Authority of such country continues
to otherwise be appropriately re-engaged, and the case
continues to be pursued until resolved.
``(f) Assistance for Parents.--In addition to the matters described
in subsection (d), the Director of the Office shall ensure that parents
are provided--
``(1) information about domestic reporting and remedies,
the existence of humanitarian case assistance through Interpol,
and the availability of welfare and whereabout visits in
foreign countries;
``(2) assistance in--
``(A) locating internationally abducted children,
including with respect to coordination between United
States and foreign law enforcement officials or other
foreign authorities;
``(B) serving process on an abducting parent
through a diplomatic or consular post or through
engagement with United States officials at such posts;
``(C) requesting in-person welfare and whereabout
visits to be conducted by a consular officer at a
diplomatic or consular post, including seeking
cooperation from the abducting parent or from
appropriate foreign authorities; and
``(D) obtaining reports of the results of such
visits; and
``(3) liaison assistance with appropriate counterparts of
the Department of Justice to facilitate--
``(A) the entry of a child into the National Crime
Information Center database;
``(B) the issuance and maintenance of Interpol Red
or Yellow notices; and
``(C) appropriate Federal criminal prosecution.
``(g) In-Person Welfare and Whereabouts Visits.--Upon receiving an
one-time request from a parent, a consular officer at a diplomatic or
consular post shall conduct in-person welfare and whereabout visits
described in subsection (f)(2)(C) every 90 days. Such visits may be
discontinued only upon the written notice to discontinue such visits at
the election of the non-abducting parent.''.
(c) Conforming Amendments.--Section 433 of the Homeland Security
Act of 2002 (6 U.S.C. 241) is amended by striking ``Secretary of
State'' each place it appears and inserting ``Secretary of State
(acting through the Ambassador-at-Large to Monitor and Combat Child
Abductions of the Department of State)''.
(d) Sense of Congress.--It is the sense of Congress that, in
addition to the authorities provided by the amendments made by this
section, the Secretary of State, acting through the Ambassador-at-Large
to Monitor and Combat Child Abductions, should exercise to the fullest
extent all authorities available to the Secretary, such as through
mutual legal assistance treaties and other bilateral or multilateral
treaties and agreements, to--
(1) repatriate abducted children; and
(2) extradite abducting parents.
SEC. 10. INCREASING SENTENCING GUIDELINE FOR INTERNATIONAL PARENTAL
KIDNAPPING.
Section 1204 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``3'' and inserting
``10''; and
(2) in subsection (b)(1), by striking ``16'' and inserting
``18''.
SEC. 11. CLERICAL AMENDMENTS.
(a) Waiver.--Section 204 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014 (22
U.S.C. 9124) is amended by striking the heading and inserting
``waiver.''.
(b) Termination of Actions.--Section 205 of the Sean and David
Goldman International Child Abduction Prevention and Return Act of 2014
(22 U.S.C. 9125) is amended by striking the heading and inserting
``termination of actions.''.
(c) Table of Contents.--Section 1(b) of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014 (22
U.S.C. 9101 note) is amended to read as follows:
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title and table of contents.
``Sec. 2. Findings; sense of Congress; purposes.
``Sec. 3. Definitions.
``TITLE I--DEPARTMENT OF STATE ACTIONS
``Sec. 101. Annual report.
``Sec. 102. Standards and assistance.
``Sec. 103. Bilateral procedures, including memoranda of understanding.
``Sec. 104. Report to congressional representatives.
``TITLE II--ACTIONS BY THE SECRETARY OF STATE
``Sec. 201. Response to international child abductions.
``Sec. 202. Actions in response to patterns of noncompliance in cases
of international child abductions.
``Sec. 203. Consultations with foreign governments.
``Sec. 204. Waiver.
``Sec. 205. Termination of actions.
``TITLE III--PREVENTION OF INTERNATIONAL CHILD ABDUCTION
``Sec. 301. Authorization for judicial training on international
parental child abduction.
``Sec. 302. Additional international parental child abduction
training.''.
SEC. 12. EXPANDING NOTIFICATION REQUIREMENTS FOR MISSING CHILDREN.
Subsection (a) of section 3701 of the Crime Control Act of 1990 (34
U.S.C. 41307) is amended to read as follows:
``(a) Requirement.--
``(1) In general.--Each Federal, State, and local law
enforcement agency shall report each case of a missing child
under the age of 21 reported to such agency to the National
Crime Information Center of the Department of Justice, except
that in the case of an international parental child abduction,
such agency shall report the case to the Federal Bureau of
Investigation.
``(2) International parental child abductions.--
``(A) Requirement on fbi.--In each case of
international parental child abduction, the Federal
Bureau of Investigation shall--
``(i) report each case of a missing child
under the age of 21 reported to such agency to
the National Crime Information Center of the
Department of Justice; and
``(ii) request that the United States
National Central Bureau, as the official United
States representative to the International
Criminal Police Organization (INTERPOL), issue
a Yellow Notice.
``(B) Application to previously abducted
children.--Not later than 30 days after the date of
enactment of the Bring Abducted Children Home
Amendments Act, for each covered international parental
child abduction--
``(i) the Federal Bureau of Investigation
shall comply with the requirements under
subparagraph (A); and
``(ii) the Office of Children's Issues
shall provide information to left-behind
parents of the resources and authorities
available pursuant to the amendments made by
such Act and assist them by liaising with the
Department of Justice to ensure that the
Federal Bureau of Investigations complies with
the requirements under subparagraph (A).
``(C) Removal from the ncic.--A child who is the
victim of an international parental child abduction who
is entered into the National Crime Information Center
database of the Department of Justice may not be
removed from such database until the child--
``(i) is returned to the left-behind
parent; or
``(ii) after reaching the age of 21,
requests their removal in person to a United
States consular official or Federal law
enforcement officer.
``(D) INTERPOL yellow notice.--A Yellow Notice
issued by the United States National Central Bureau
with respect to a child who is the victim of an
international parental abduction shall remain active
until the child--
``(i) is returned to the left-behind
parent; or
``(ii) after reaching the age of 21,
requests their removal in person to a United
States consular official or Federal law
enforcement officer.
``(3) Definitions.--In this subsection:
``(A) The term `international parental child
abduction' has the meaning given the term `abduction'
in section 3 of the Sean and David Goldman
International Child Abduction Prevention and Return Act
of 2014 (22 U.S.C. 9101), to the extent that the
perpetrator of such abduction is a parent of the child.
``(B) The term `left-behind parent' has the meaning
given such term in section 3 of the Sean and David
Goldman International Child Abduction Prevention and
Return Act of 2014 (22 U.S.C. 9101).
``(C) The term `covered international parental
child abduction' means an international parental child
abduction--
``(i) that occurred prior to the date of
enactment of the Bring Abducted Children Home
Amendments Act--
``(I) with respect to which
paragraph (1) would apply if such
abduction were to have occurred on or
after the date of enactment of such
Act; or
``(II) that was reported to the
Office of Children's Issues of the
Department of State; and
``(ii) with respect to which the child who
was abducted has not been returned to the left-
behind parent.''.
SEC. 13. LEGAL EXPENSE GRANTS FOR VICTIMS OF INTERNATIONAL PARENTAL
CHILD ABDUCTION.
Section 1403 of the Victims of Crime Act of 1984 (34 U.S.C. 20102)
is amended--
(1) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``including drunk driving and domestic
violence'' and inserting ``including international
parental child abduction, drunk driving, and domestic
violence'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by adding ``and'' at the
end; and
(D) by inserting after subparagraph (C) the
following:
``(D) legal expenses in United States and foreign
countries attributable to efforts to repatriate a
victim of international parental child abduction
resulting from a compensable crime;'';
(2) in subsection (d)--
(A) in paragraph (3), by inserting ``that
constitute international parental child abduction,''
after ``that are described in section 247 of title 18,
United States Code,'';
(B) in paragraph (4), by striking ``and'' at the
end;
(C) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(6) the term `international parental child abduction' has
the meaning given such term in section 3701 of the Crime
Control Act of 1990 (34 U.S.C. 41307)); and
``(7) the term `left-behind parent' has the meaning given
such term in section 3 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014
(22 U.S.C. 9101).''; and
(3) by adding at the end the following:
``(f) Rule of Construction.--For purposes of this section, a left-
behind parent shall be considered a victim of international parental
child abduction.''.
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