Federal · Title 22 — Foreign Relations and Intercourse

22 U.S.C. § 9122: Actions by the Secretary of State in response to patterns of noncompliance in cases of international child abductions

Civil

What this law says, in plain English

This statute authorizes the Secretary of State to review foreign countries' compliance with child abduction treaties, designate patterns of noncompliance, and take diplomatic or administrative actions in response.

Read the full statutory text
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; to promote reciprocity pursuant to, and in compliance with, the Hague Abduction Convention or bilateral procedures, as appropriate; and to directly engage with senior foreign government officials to most effectively address patterns of noncompliance. 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 report such determination pursuant to section 9111(f) of this title . to appropriately target actions in response to such noncompliance; and to engage with senior foreign government officials to effectively address such noncompliance. take 1 or more of the actions described in subsection (d); direct the Chief of Mission in that country to directly address the systemic problems that led to such determination; and inform senior officials in the foreign government of the potential repercussions related to such designation. 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; 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 in anticipation that corrective action will be taken by such country during such 90-day period. 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; exercises the waiver under section 9124 of this title and briefs the appropriate congressional committees; or indicates that such country is subject to multiple, broad-based sanctions; and describes how such sanctions satisfy the requirements under this subsection. 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. a demarche; an official public statement detailing unresolved cases; a public condemnation; a delay or cancellation of 1 or more bilateral working, official, or state visits; 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 ); 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 ); 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 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. is commensurate in effect to the action substituted; and would substantially further the purposes of this chapter. describes such action; explains the reasons for taking such action; and is commensurate with the action substituted; and substantially furthers the purposes of this chapter. 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. 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. 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. The Secretary of State shall consult with the appropriate congressional committees on the goals of the study and report required under paragraph (1). 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).

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