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Title II — Presidential actions

H.R. 1951 · 113th Congress · May 13, 2013 · Lineage

II Presidential actions

Sec. 201 Presidential actions in response to unresolved cases

(a)
Response to international child abductions—
(1)
United States policy— It shall be the policy of the United States to—
(A)
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
(B)
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 and access cases through 1 or more of the actions described in section 205.
(2)
Requirement of Presidential Action— Whenever the President determines that the government of a foreign country has failed to resolve an unresolved abduction case or unresolved access case, the President shall oppose such failure through one or more of the actions described in subsection (b).
(b)
Presidential actions—
(1)
In general— 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 1 or more of the actions described in paragraphs (1) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to such country.
(2)
Deadline for actions—
(A)
In general— Except as provided in subparagraph (B), not later than March 31 of each year, the President shall take 1 or more of the actions described in paragraphs (1) through (18) 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 or access case that is pending as of such date.
(B)
Exception— In the case of an action under any of paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b))—
(i)
the action may only be taken after the requirements of sections 203 and 204 have been satisfied; and
(ii)
the March 31 deadline to take the action shall not apply.
(3)
Authority for delay of presidential actions— The President may delay action described in any of the paragraphs (11) through (18) 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 a single, additional period of time, not to exceed 90 days, is necessary—
(A)
for a continuation of negotiations that have been commenced with the country to resolve the unresolved case; or
(B)
in anticipation that the case will be resolved by such country during such 90-day period.
(c)
Implementation—
(1)
In general— In carrying out subsection (b), the President shall—
(A)
take 1 or more actions that most appropriately respond to the nature and severity of the failure to resolve the unresolved cases; and
(B)
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.
(2)
Guidelines for presidential actions— In addition to the guidelines under paragraph (1), the President, in determining whether to take 1 or more actions under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)), shall seek to minimize any adverse impact on—
(A)
the population of the country whose government is targeted by the action or actions; and
(B)
the humanitarian activities of United States and foreign nongovernmental organizations in the country.

Sec. 202 Presidential actions in response to patterns of noncooperation in cases of international child abductions

(a)
Response to a pattern of noncooperation—
(1)
United states policy— It shall be the policy of the United States to—
(A)
oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Hague Abduction Convention or MOU, as applicable, to resolve abduction cases and access cases; and
(B)
promote reciprocity pursuant to and compliance with the Hague Abduction Convention by Convention countries and compliance with the applicable MOU by MOU countries.
(2)
Requirement of presidential action— Whenever the President determines that the government of a foreign country has engaged in a pattern of noncooperation, the President shall promote the resolution of the unresolved cases through one or more of the actions described in subsection (c).
(b)
Designations of countries with patterns of noncooperation in cases of international child abduction—
(1)
Annual review—
(A)
In general— Not later than March 31 of each year, the President shall review the status of abduction cases and access cases in each foreign country to determine whether the government of such country has engaged in a pattern of noncooperation during the preceding 12 months or since the date of the last review of such country under this subparagraph, whichever period is longer. The President shall designate each country the government of which has engaged in a pattern of noncooperation as a Country With a Pattern of Noncooperation.
(B)
Basis of review— Each review conducted under subparagraph (A) shall be based upon information contained in the latest Annual Report and on any other evidence available.
(2)
Determinations of responsible parties— For the government of each country designated as a Country With a Pattern of Noncooperation under paragraph (1)(A), the President shall seek to determine the agencies or instrumentalities of such government that are responsible for the pattern of noncooperation by such government in order to appropriately target actions under this section in response.
(3)
Congressional notification— Whenever the President designates a country as a Country With a Pattern of Noncooperation under paragraph (1)(A), the President shall, as soon as practicable after such designation is made, transmit to the appropriate congressional committees—
(A)
the designation of the country, signed by the President; and
(B)
the identification, if any, of responsible agencies or instrumentalities determined under paragraph (2).
(c)
Presidential actions with respect to a Country With a Pattern of Noncooperation—
(1)
In general— Subject to paragraphs (2) and (3) with respect to each Country With a Pattern of Noncooperation designated under subsection (b)(1)(A), the President shall, after the requirements of sections 203 and 204 have been satisfied, but not later than 90 days (or 180 days in case of a delay under paragraph (2)) after the date of such designation of the country under such subsection, take 1 or more of the actions under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)).
(2)
Authority for delay of presidential actions— If, on or before the date that the President is required to take action under paragraph (1), the President determines and certifies to the appropriate congressional committees that a single, additional period of time not to exceed 90 days is necessary—
(A)
for a continuation of negotiations that have been commenced with the government of such country to bring about a cessation of the pattern of noncooperation by such country, or
(B)
for a review of corrective action taken by such country after designation of such country as a Country With a Pattern of Noncooperation under subsection (b)(1)(A) or in anticipation that corrective action will be taken by such country during such 90-day period,
(3)
Exception for ongoing presidential action—
(A)
In general— The President shall not be required to take action under paragraph (1) with respect to a Country With a Pattern of Noncooperation if—
(i)
the President has taken action pursuant to paragraph (1) with respect to such country in a preceding year, such action is in effect at the time such country is designated as a Country with a Pattern of Noncooperation under subsection (b)(1)(A), and the President submits to the appropriate congressional committees the information described in section 204 regarding the actions in effect with respect to such country; or
(ii)
subject to subparagraph (B), the President determines that such country is subject to multiple, broad-based sanctions imposed in significant part in response to human rights abuses and that such sanctions also satisfy the requirements of this subsection.
(B)
Additional requirements— If the President makes a determination under subparagraph (A)(ii)—
(i)
the report under section 204 and, as applicable, the publication in the Federal Register under section 208, shall specify the specific sanction or sanctions that the President has determined satisfy the requirements of this subsection; and
(ii)
such sanctions shall remain in effect subject to section 209.
(d)
Rule of construction— A determination under this section that a foreign country has engaged in a pattern of noncooperation shall not be construed to require the termination of assistance or other activities with respect to such country under any other provision of law, including section 116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(n) or 2304).

Sec. 203 Consultations

(a)
Duty To consult with foreign governments—
(1)
In general— As soon as practicable after the President makes a determination under section 201 in response to failures to resolve unresolved cases and the President decides to take action under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to that country, or not later than 90 days after the President designates a country as a Country With a Pattern of Noncooperation pursuant to section 202(b)(1)(A), the President shall—
(A)
request consultation with the government of such country regarding the failures giving rise to designation of that country as a Country With a Pattern of Noncooperation regarding the pattern of noncooperation or to action under section 201; and
(B)
if agreed to, enter into such consultations with such country, privately or publicly.
(2)
Duty To consult with left-behind parents— The President shall consult with left-behind parents who have an abduction case involving a child located in the country referenced in paragraph (1)(A), or designated representatives or representative groups of such left-behind parents, during the course of the consultations conducted pursuant to paragraph (1) concerning the potential impact of such consultations on the resolution of such cases.

Sec. 204 Report to Congress

(a)
In general— Subject to subsection (b), not later than 90 days after the President makes a determination under section 201 in response to failures to resolve unresolved cases and the President decides to take action under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to that country, or not later than 90 days after the President designates a country as a Country With a Pattern of Noncooperation pursuant to section 202(b)(1)(A), the President shall transmit to the appropriate congressional committees a report on the following:
(1)
Identification of presidential actions— An identification of the action or actions described in section 205(a) (or commensurate action as provided in section 205(b)) to be taken with respect to such country.
(2)
Description of violations— A description of the failure to resolve an unresolved case or the pattern of noncooperation, as applicable, giving rise to the action or actions to be taken by the President.
(3)
Purpose of presidential actions— A description of the purpose of the action or actions.
(4)
Evaluation—
(A)
Description— An evaluation, in consultation with the Secretary of State, the parties described in section 203(b), and other parties the President determines appropriate, of the anticipated impact of the Presidential action upon—
(i)
pending abduction cases in such country;
(ii)
the government of such country;
(iii)
the population of such country;
(iv)
the United States economy;
(v)
other interested parties; and
(vi)
if such country is a Convention country or an MOU country, the reciprocal fulfillment of obligations pursuant to such Convention or applicable MOU, as applicable.
(B)
Form— The evaluation under subparagraph (A) shall be transmitted in unclassified form, but may contain a classified annex if necessary.
(5)
Statement of Policy Options— A statement that noneconomic policy options designed to resolve the unresolved case or bring about the cessation of the pattern of noncooperation have reasonably been exhausted, including the consultations required in section 203.
(b)
Delay in transmittal of report— If, on or before the date that the President is required to submit a report under subsection (a) to the appropriate congressional committees, the President determines and certifies to such committees that a single, additional period of time not to exceed 90 days is necessary pursuant to section 202(c)(2), the President shall not be required to submit the report to such committees until the expiration of such period of time.

Sec. 205 Presidential actions

(a)
Description of presidential actions— Except as provided in subsection (c), the Presidential actions referred to in this subsection are the following:
(1)
A private demarche.
(2)
An official public demarche.
(3)
A public condemnation.
(4)
A public condemnation within one or more multilateral fora.
(5)
The delay or cancellation of one or more scientific exchanges.
(6)
The delay or cancellation of one or more cultural exchanges.
(7)
The denial of one or more working, official, or state visits.
(8)
The delay or cancellation of one or more working, official, or state visits.
(9)
A formal request to the foreign country concerned to extradite the individual who is engaged in abduction.
(10)
The restriction of the number of visas issued to nationals of such country pursuant to subparagraphs (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
(11)
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).
(12)
Directing the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency not to approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participations in the extension of credit with respect to such government or the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable.
(13)
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).
(14)
In accordance with section 701 of the International Financial Institutions Act of 1977 (22 U.S.C. 262d), directing the United States executive directors of international financial institutions to oppose and vote against loans primarily benefitting such government or the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable.
(15)
The denial, withdrawal, suspension, or limitation of benefits provided pursuant to title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), relating to the Generalized System of Preferences.
(16)
Ordering the heads of the appropriate United States agencies not to issue any (or a specified number of) specific licenses, and not to grant any other specific authority (or a specified number of authorities), to export any goods or technology to such government or to the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable, under—
(A)
the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act);
(B)
the Arms Export Control Act;
(C)
the Atomic Energy Act of 1954; or
(D)
any other statute that requires the prior review and approval of the United States Government as a condition for the export or re-export of goods or services.
(17)
Prohibiting any United States financial institution from making loans or providing credits totaling more than $10,000,000 in any 12-month period to such government or to the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable.
(18)
Prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from such government or from the agency or instrumentality of such government determined by the President to be responsible for such unresolved case or pattern of noncooperation, as applicable.
(b)
Commensurate action— Except as provided in subsection (c), the President may substitute any other action authorized by law for any action described in subsection (a) if such action is commensurate in effect to the action substituted and if such action would further the purposes of this Act as specified in section 2(c). The President shall seek to take all appropriate and feasible actions authorized by law to resolve the unresolved case or to obtain the cessation of such pattern of noncooperation, as applicable. If commensurate action is taken under this subsection, the President shall transmit to the appropriate congressional committees a report on such action, together with an explanation for taking such action.
(c)
Exceptions— Any action taken pursuant to subsection (a) or (b) may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other life-saving humanitarian assistance.

Sec. 206 Effects on existing contracts

The President shall not be required to apply or maintain any action under section 205—
(1)
in the case of procurement of defense articles or defense services—
(A)
under existing contracts or subcontracts, including the exercise of options for production quantities, to satisfy requirements essential to the national security of the United States;
(B)
if the President determines in writing and transmits to the appropriate congressional committees a report that the government or the agency or instrumentality of such government to which such action would otherwise be applied is a sole source supplier of such defense articles or services, that such defense articles or services are essential, and that alternative sources are not readily or reasonably available; or
(C)
if the President determines in writing and transmits to the appropriate congressional committees a report that such defense articles or services are essential to the national security of the United States under defense co-production agreements; or
(2)
to products or services provided under contracts entered into before the date on which the President publishes in the Federal Register notice of such action in accordance with section 208.

Sec. 207 Presidential waiver

(a)
In general— Subject to subsection (b), the President may waive the application of any of the actions described in paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) with respect to a country, if the President determines and so reports to the appropriate congressional committees that—
(1)
the government of such country has satisfactorily resolved any abduction cases or access cases giving rise to the application of any of such actions and—
(A)
if such country is a Convention country, such country has taken measures to ensure future compliance with the provisions of the Hague Abduction Convention;
(B)
if such country is an MOU country, such country has taken measures to ensure future compliance with the provisions of the MOU at issue; or
(C)
if such country was a nonparty country at the time the abductions or denials of rights of access resulting in the abduction cases or access cases occurred, such country has become a Convention country or an MOU country;
(2)
the exercise of such waiver authority would further the purposes of this Act; or
(3)
the important national interest of the United States requires the exercise of such waiver authority.
(b)
Congressional notification— Not later than the date of the exercise of a waiver under subsection (a), the President shall notify the appropriate congressional committees of such waiver or the intention to exercise such waiver, together with a detailed justification thereof.

Sec. 208 Publication in Federal Register

(a)
In general— Subject to subsection (b), the President shall ensure publication in the Federal Register of the following:
(1)
Determinations of governments, agencies, instrumentalities of countries with patterns of noncooperation— Any designation of a country that the President has designated as a Country With a Pattern of Noncooperation under section 202(b)(1), together with, when applicable and to the extent practicable, the identities of agencies or instrumentalities determined to be responsible for such pattern of noncooperation.
(2)
Presidential actions— A description of any action under paragraphs (11) through (18) of section 205(a) (or commensurate action as provided in section 205(b)) and the effective date of such action.
(3)
Delays in transmittal of presidential action reports— Any delay in transmittal of a report required under section 204.
(4)
Waivers— Any waiver issued under section 207.
(b)
Limited disclosure of information— The President may limit publication of information under this section in the same manner and to the same extent as the President may limit the publication of findings and determinations described in section 654(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2414(c)), if the President determines that the publication of such information—
(1)
would be harmful to the national security of the United States; or
(2)
would not further the purposes of this Act.

Sec. 209 Termination of Presidential actions

Any action taken under this Act or any amendment made by this Act with respect to a foreign country shall terminate on the earlier of the following two dates:
(1)
Not later than two years after the effective date of such action unless expressly reauthorized by law.
(2)
The date on which the President transmits to Congress a certification containing a determination of the President that the government of such country has resolved any unresolved case or has taken substantial and verifiable steps to correct the pattern of noncooperation at issue, as applicable, that gave rise to such action.

Sec. 210 United States assistance

(a)
Implementation of prohibition on economic assistance— Section 116(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(c)) is amended—
(1)
in paragraph (2), by striking “and” at the end;
(2)
in paragraph (3)(B), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following new paragraph:

“(4) whether the government has engaged in a pattern of noncooperation regarding abduction cases or access cases, as such terms are defined in the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013.”

(b)
Implementation of prohibition on security assistance— Section 502B(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) is amended—
(1)
in subparagraph (A), by striking “or” at the end;
(2)
in subparagraph (B), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following new subparagraph:

“(C) has engaged in a pattern of noncooperation regarding abduction cases or access cases, as such terms are defined in the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013.”

Sec. 211 Multilateral assistance

Section 701 of the International Financial Institutions Act (22 U.S.C. 262d) is amended—
(1)
by redesignating the second subsection (g) (as added by Public Law 105–292) as subsection (h); and
(2)
by adding at the end the following new subsection:

“(i) In determining whether the government of a country engages in a pattern of gross violations of internationally recognized human rights, as described in subsection (a), the President shall give particular consideration to whether such government has engaged in a pattern of noncooperation regarding abduction cases or access cases, as such terms are defined in the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013.”

Sec. 212 Amendment to generalized system of preferences eligibility for generalized system of preferences

Section 502(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)) is amended—
(1)
by inserting after subparagraph (H) the following new subparagraph:

“(I) Such country is a country with a pattern of noncooperation regarding abduction cases or access cases, as such terms are defined in the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013.”

(2)
in the flush left matter after subparagraph (I) (as added by paragraph (1) of this section)—
(A)
by striking “and (H)” and inserting “(H)”; and
(B)
by inserting after “D))” the following: “and (I)”.