PRIA, Government Policy, Made Personal

Summary

The United States must protect children who were wrongfully taken from the country. It must set up rules to get them returned fast. It must enforce the Hague Abduction Convention or similar country-to-country agreements. The government must try to solve cases quickly using actions in section 9122 and coordinate work among federal, state, and local agencies. If a case is still not solved 12 months after the U.S. Central Authority sent it to the foreign country, the Secretary of State must decide if that foreign government failed to act. If so, the Secretary should quickly use one or more steps listed in section 9122 and tell the U.S. Chief of Mission to raise the case with top foreign officials. The Secretary may delay action up to 1 year if that will help. If the Secretary delays or decides not to act, a report explaining why must go to the proper congressional committees within 15 days, and Congress can ask for a detailed briefing. The Secretary should first work with the foreign Central Authority, then target actions narrowly, avoid hurting ordinary people or humanitarian work, and respect a country’s courts. When an abducted child turns 16, a U.S. consular officer must try each year to contact them, give information on U.S. citizenship rights and benefits (like passports and G.I. educational and health benefits), and confirm their location until the parent or the child (after 18) asks to stop.

Title 22, §9121

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)United States policy

It is the policy of the United States—

(1)to promote the best interest of children wrongfully abducted from the United States by—

(A)establishing legal rights and procedures for their prompt return; and

(B)ensuring the enforcement of reciprocal international obligations under the Hague Abduction Convention or arrangements under bilateral procedures;

(2)to promote the timely resolution of abduction cases through 1 or more of the actions described in section 9122 of this title; and

(3)to ensure appropriate coordination within the Federal Government and between Federal, State, and local agencies involved in abduction prevention, investigation, and resolution.

(b)Actions by the Secretary of State in response to unresolved cases

(1)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 12 months after the date on which the Central Authority of the United States 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 the Secretary of State determines that such failure occurred, the Secretary should, as expeditiously as practicable—

(A)take 1 or more of the actions described in subsections (d) and (e) of section 9122 of this title; and

(B)direct the Chief of Mission in that foreign country to directly address the resolution of the case with senior officials in the foreign government.

(2)Authority for delay of action by the Secretary of State

The Secretary of State may delay any action described in paragraph (1) if the Secretary determines that an additional period of time, not to exceed 1 year, will substantially assist in resolving the case.

(3)Report

If the Secretary of State delays any action pursuant to paragraph (2) or decides not to take an action described in subsection (d) or (e) of section 9122 of this title after making the determination described in paragraph (1), the Secretary, not later than 15 days after such delay or decision, shall provide a report to the appropriate congressional committees that details the reasons for delaying action or not taking action, as appropriate.

(4)Congressional briefings

At the request of the appropriate congressional committees, the Secretary of State shall provide a detailed briefing, including a written report, if requested, on actions taken to resolve a case or the cause for delay.

(c)Implementation

(1)In general

In carrying out subsection (b), the Secretary of State should—

(A)take 1 or more actions 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 by communicating with the Central Authority of the country; and

(ii)if clause (i) is unsuccessful, 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 country, as applicable.

(2)Guidelines for actions by the Secretary of State

In addition to the guidelines under paragraph (1), the Secretary of State, in determining whether to take 1 or more actions under paragraphs (5) through (7) of section 9122(d) of this title or section 9122(e) of this title, shall seek to minimize any adverse impact on—

(A)the population of the country whose government 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.

(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 left-behind parent seeking assistance or the individual (after attaining 18 years of age) requests the officer to cease, annually attempt to contact such individual, through welfare and whereabout visits and by engaging other agencies and foreign counterparts as necessary, to provide information, as relevant, on rights and privileges as a United States citizen, such as passports, and any eligible benefits from left-behind parent, such as G.I. educational and health benefits and to obtain a verified location of such individual.

Editorial Notes

Amendments

2024—Subsec. (d). Pub. L. 118–159 added subsec. (d).

§9121 Response to International Child Abductions

Summary

Title 22, §9121

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata