Sec. 201. Presidential actions in response to unresolved cases
530 words·~2 min read·
/bill/113/hr/3212/rfs/section-201·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It shall be the policy of the United States to— 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 obligations; and recognize the international character of the Hague Abduction Convention, and the need for reciprocity pursuant to and the uniform international interpretation of the Hague Abduction Convention, by promoting the timely resolution of abduction cases through one or more of the actions described in section 205.
Whenever the President determines that the government of a foreign country has failed to resolve an unresolved abduction case, the President shall oppose such failure through one or more of the actions described in subsection (b). Subject to paragraphs
(2)and (3), the President, in consultation with the Secretary of State, shall, as expeditiously as practicable in response to the failure described in subsection
(a)by the government of a foreign country, take one or more of the actions described in paragraphs
(1)through
(13)of section 205(a) (or commensurate action as provided in section 205(b)) with respect to such country. Except as provided in subparagraph (B), not later than March 31 of each year, the President shall take one or more of the actions described in paragraphs
(1)through
(13)of section 205(a) (or commensurate action as provided in section 205(b)) with respect to each foreign country the government of which has failed to resolve an unresolved abduction case that is pending as of such date. In the case of an action under any of paragraphs
(10)through
(13)of section 205(a) (or commensurate action as provided in section 205(b))— the action may only be taken after the requirements of sections 203 and 204 have been satisfied; and the March 31 deadline to take the action shall not apply. The President may delay action described in any of the paragraphs
(10)through
(13)of section 205(a) (or commensurate action as provided in section 205(b)), as required under paragraph (2), if the President determines and certifies to the appropriate congressional committees that an additional, specified period of time is necessary for a continuation of negotiations that have been commenced with the country to resolve the unresolved case. In carrying out subsection (b), the President shall— take one or more actions that most appropriately respond to the nature and severity of the failure to resolve the unresolved abduction cases; and 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 failures, in ways that respect the separation of powers and independence of the judiciary in foreign countries. In addition to the guidelines under paragraph (1), the President, in determining whether to take one or more actions under paragraphs
(10)through
(13)of section 205(a) (or commensurate action as provided in section 205(b)), shall seek to minimize any adverse impact on— the population of the country whose government is targeted by the action or actions; and the humanitarian activities of United States and foreign nongovernmental organizations in the country.