§9122 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary of State must check every year, by April 30, whether foreign governments are repeatedly failing to follow the Hague Abduction Convention or similar rules for resolving international child abduction and access cases. If a country shows a pattern of noncompliance, the Secretary must report that finding as required by law, figure out which government agencies are responsible, have the U.S. ambassador in that country work on the problem, and tell senior foreign officials they could face consequences. Within 90 days after finding a pattern (or up to 180 days if negotiations or reviews need more time and Congress is told), the Secretary must take one or more actions. These can include diplomatic protests, public statements or condemnations, delaying or canceling visits, cutting or limiting development or security aid, asking for extradition of accused abductors, or other similar measures that are as strong and helpful. The Secretary can skip extra steps if certain serious actions are already in place, a waiver is used, or the country already faces broad sanctions and those meet the law’s goals. The Secretary must report to Congress on specific actions within 90 days after the annual report. Any measures must not stop life-saving aid like medicine or food. Also, by one year after December 23, 2024, the State Department should arrange a study of the harms to abducted children and left-behind parents, consult Congress on the study’s goals, and may use up to $1,000,000 for each of fiscal years 2025 and 2026 to fund it.

Title 22, §9122

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)It is the policy of the United States—

(1)to oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Hague Abduction Convention or bilateral procedures, as applicable, to resolve abduction and access cases;

(2)to promote reciprocity pursuant to, and in compliance with, the Hague Abduction Convention or bilateral procedures, as appropriate; and

(3)to directly engage with senior foreign government officials to most effectively address patterns of noncompliance.

(b)(1)Not later than April 30 of each year, the Secretary of State shall—

(A)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 12 months; and

(B)report such determination pursuant to section 9111(f) of this title.

(2)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 (1)(A) that are responsible for such pattern of noncompliance—

(A)to appropriately target actions in response to such noncompliance; and

(B)to engage with senior foreign government officials to effectively address such noncompliance.

(c)(1)Not later than 90 days (or 180 days in case of a delay under paragraph (2)) after a country is determined to have been engaged in a pattern of noncompliance under subsection (b)(1)(A), the Secretary of State shall—

(A)take 1 or more of the actions described in subsection (d);

(B)direct the Chief of Mission in that country to directly address the systemic problems that led to such determination; and

(C)inform senior officials in the foreign government of the potential repercussions related to such designation.

(2)The Secretary shall not be required to take action under paragraph (1) until the expiration of a single, additional period of up to 90 days if, on or before the date on which the Secretary of State is required to take such action, the Secretary determines and certifies to the appropriate congressional committees that such additional period is necessary—

(A)for a continuation of negotiations that have been commenced with the government of a country described in paragraph (1) in order to bring about a cessation of the pattern of noncompliance by such country;

(B)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 (b)(1)(A); or

(C)in anticipation that corrective action will be taken by such country during such 90-day period.

(3)The Secretary of State shall not be required to take additional action under paragraph (1) with respect to a country determined to have been engaged in a persistent pattern of noncompliance if the Secretary—

(A)has taken action pursuant to paragraph (5), (6), or (7) of subsection (d) with respect to such country in the preceding year and such action continues to be in effect;

(B)exercises the waiver under section 9124 of this title and briefs the appropriate congressional committees; or

(C)submits a report to the appropriate congressional committees that—

(i)indicates that such country is subject to multiple, broad-based sanctions; and

(ii)describes how such sanctions satisfy the requirements under this subsection.

(4)Not later than 90 days after the submission of the Annual Report, 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 section.

(d)Except as provided in subsection (f), the actions by the Secretary of State referred to in this subsection are—

(1)a demarche;

(2)an official public statement detailing unresolved cases;

(3)a public condemnation;

(4)a delay or cancellation of 1 or more bilateral working, official, or state visits;

(5)the withdrawal, limitation, or suspension of United States development assistance in accordance with section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n);

(6)the withdrawal, limitation, or suspension of United States security assistance in accordance with section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304);

(7)the withdrawal, limitation, or suspension of assistance to the central government of a country pursuant to chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the Economic Support Fund); and

(8)a formal request to the foreign country concerned to extradite an individual who is engaged in abduction and who has been formally accused of, charged with, or convicted of an extraditable offense.

(e)(1)Except as provided in subsection (f), 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 chapter.

(2)If commensurate action is taken pursuant to this subsection, the Secretary shall submit a report to the appropriate congressional committees 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 chapter.

(f)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 noncompliance, as applicable.

(g)Any action taken pursuant to subsection (d) or (e) may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other life-saving humanitarian assistance.

(h)(1)Not later than 1 year after December 23, 2024, the Secretary of State, subject to the availability of funds, shall seek to enter into an agreement with an appropriate university, research institution, or nongovernmental organization to study and publish a report on the impact to abducted children and left-behind parents as a result of international parental child abduction.

(2)The Secretary of State shall consult with the appropriate congressional committees on the goals of the study and report required under paragraph (1).

(3)There is authorized to be appropriated $1,000,000 for each of fiscal years 2025 and 2026 to carry out the study required under paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (d)(7), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 4 of part II of the Act is classified generally to part IV (§ 2346 et seq.) of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables. This chapter, referred to in subsec. (e)(1)(B), (2)(C)(ii), was in the original “this Act”, meaning Pub. L. 113–150, Aug. 8, 2014, 126 Stat. 1807, known as the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9101 of this title and Tables.

Amendments

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

§9122 Actions by the Secretary of State in Response to Patterns of Noncompliance in Cases of International Child Abductions

Summary

Title 22, §9122

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

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