Overview

Title

To amend the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 to make modifications to that Act.

ELI5 AI

The bill wants to make better rules for when kids from the U.S. are taken to other countries without permission. It plans to change some definitions and rules to help bring the kids back home and find out what happens when they're taken away, with special research money set aside for this.

Summary AI

The H.R. 8365 bill proposes changes to a 2014 law concerning international child abduction, aiming to improve procedures when U.S. children are taken to other countries. It updates the definition of "abduction case" to include certain legal applications, adjusts the list of relevant congressional committees, and specifies actions for U.S. consular officers to support abducted children as they age. Additionally, the bill mandates a study on the impact of international child abduction, with funding allocated for this research in 2025 and 2026.

Published

2024-05-10
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-05-10
Package ID: BILLS-118hr8365ih

Bill Statistics

Size

Sections:
4
Words:
902
Pages:
5
Sentences:
16

Language

Nouns: 253
Verbs: 78
Adjectives: 31
Adverbs: 5
Numbers: 50
Entities: 71

Complexity

Average Token Length:
3.92
Average Sentence Length:
56.38
Token Entropy:
4.86
Readability (ARI):
28.49

AnalysisAI

General Summary of the Bill

The proposed bill, titled the Sean and David Goldman Act Amendments, seeks to modify the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014. This bill, introduced in the House of Representatives, aims to update definitions within the original act, provide guidelines for the action regarding abducted children who turn 16, and commission a study on international parental child abduction.

Summary of Significant Issues

Several issues are notable within this bill. Firstly, the amendments redefine certain legal terms, which might introduce ambiguity, especially concerning international jurisdiction interpretation and the rights of parents seeking access or a child's return. Secondly, the bill instructs U.S. consular officers to annually engage with abducted children reaching the age of 16; however, it lacks clarity on the methods and resources for efficiently executing these duties. Thirdly, the study on the impacts of international parental child abductions might suffer from undefined terms and lacks concrete provisions for implementing the study's findings.

Impact on the Public

The bill's emphasis on child abduction prevention and return mechanisms suggests potential improvements in addressing complex international custody disputes. By broadening the definition of abduction cases and mandating more proactive engagement by consular officers, the bill seems to aim at stronger advocacy and support for affected children and their families. Yet, ambiguity in the definitions and processes could create inconsistencies in execution, possibly complicating cases rather than streamlining them.

Impact on Specific Stakeholders

For parents and children involved in international abduction cases, these amendments could provide enhanced legal clarity and support structures. The provision for consular officers to actively contact and advise children turning 16 could empower these individuals by advising them of their legal rights, which might improve their circumstances. However, without clear guidelines and efficient mechanisms, there could be uneven support, potentially leaving some cases under-resourced or overlooked.

Furthermore, the commissioned study on international parental child abduction aims to shed light on the serious consequences for children and left-behind parents. However, without clear terms and follow-up actions, the $1,000,000 allocated annually for this study might not result in meaningful progress or policy changes, raising concerns of potential financial inefficiency.

In conclusion, while the bill aims to address and improve the complex issues surrounding international child abductions, certain ambiguities and lack of detailed implementation strategies could limit its effectiveness. Key stakeholders, such as families and legal practitioners dealing with international custody disputes, will closely watch how these amendments are realized to ensure they lead to tangible benefits.

Financial Assessment

The bill H.R. 8365 discusses financial allocations in relation to conducting a study on the impact of international parental child abduction. Specifically, it authorizes an appropriation of $1,000,000 for each of fiscal years 2025 and 2026 to carry out this study. This funding is intended to support research into the grave harm faced by abducted children and left-behind parents due to international child abduction incidents.

Authorized Appropriations

The bill specifies a financial commitment to fund a study that examines the consequences of international child abduction. The $1,000,000 allocated for each fiscal year highlights a dedicated effort to understand the severe implications this issue has on families. This funding aims to ensure that adequate resources are available for a comprehensive examination, suggesting a proactive governmental approach toward addressing parental abduction across borders. However, the broad term "grave harm" used in the mandate for the study could introduce ambiguity. Without clear definitions, measuring the effectiveness of the study or even its focus might become challenging, potentially impacting how effectively the allocated funds are used.

Concerns with Fund Utilization

One major concern with the financial aspect is related to the potential inefficiencies and lack of defined outcomes for the study. The bill does not specify how the results of the study will be utilized or implemented. Without clear guidance on the application of findings, there is a risk that the $2,000,000 total over two years may not lead to meaningful policy changes or actionable results. This raises the issue of whether taxpayer money is being utilized efficiently, as highlighted by the concerns about the lack of oversight or evaluation mechanisms for the study's progress and outcomes.

Additionally, the vague language regarding the timeframe for the Secretary of State to "seek to enter into an agreement" with a nongovernmental organization to conduct the study could lead to potential delays or obstacles in ensuring that the funds are used promptly and effectively. Without explicit criteria for what constitutes success in forming such agreements, there might be difficulties in ensuring that the study commences in a timely fashion, which could affect the ultimate goal of addressing international child abduction more effectively.

Conclusion

In summary, while the allocation of $1,000,000 for fiscal years 2025 and 2026 represents a significant financial commitment towards studying international child abduction, the legislation lacks specific provisions on how the findings will be utilized, who will oversee the study’s progress, or what benchmarks will measure its success. These gaps could lead to inefficiencies and reduce the overall impact of the funds invested in the study, raising valid concerns about accountability and the potential for actionable change from this financial undertaking.

Issues

  • Section 4: The term 'grave harm' in the study requirement is subjective and not clearly defined, which may lead to ambiguity in evaluating the outcomes and effectiveness of the study. This lack of clarity could result in ineffective use of the $1,000,000 authorized for the study for fiscal years 2025 and 2026.

  • Section 3: The section lacks clarity on the methods and resources consular officers are expected to use to annually locate and contact an abducted individual who has reached the age of 16. This could lead to inefficiency and resource wastage if the individual is unreachable or unresponsive.

  • Section 2: The changes to the definition in paragraph (3), specifically concerning 'a parent seeking rights of access or return', could result in ambiguity due to international legal standards and the varied interpretations by different jurisdictions. This might complicate legal proceedings and protect different parties unequally.

  • Section 4: There is no provision on how the results of the study on international parental child abduction will be used or implemented, which raises concerns about whether the allocated funds will lead to meaningful policy changes or actions.

  • Section 3: There is a lack of detail on how the actions taken by consular officers are monitored or evaluated, which may lead to inefficient spending without accountability, especially given the undefined enforcement mechanisms.

  • Section 2: The long list of committees defined as 'appropriate congressional committees' could result in administrative burdens or oversight challenges, complicating efficient governance and decision-making.

  • Section 4: The language regarding the timeframe for the Secretary of State to 'seek to enter into an agreement' is vague and lacks definition of what constitutes a completed attempt or the protocol if an agreement cannot be reached within the specified time.

  • Section 4: The bill does not provide a mechanism for oversight or evaluation of the study's progress and outcomes, leading to potential accountability issues in the use of the appropriated funds.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The Sean and David Goldman Act Amendments is the short title for this piece of legislation.

2. Definitions Read Opens in new tab

Summary AI

The amendments to the Sean and David Goldman International Child Abduction Prevention and Return Act define an "abduction case" to include any case involving applications filed by parents seeking access or return of a child. Additionally, the term "appropriate congressional committees" includes specific committees from both the House of Representatives and the Senate. The amendment also changes a numerical reference in paragraph (11) from 16 to 18.

3. Action in the case of abducted children who reach the age of 16 Read Opens in new tab

Summary AI

The bill amends the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 to require that when an abducted child turns 16, a U.S. consular officer must annually reach out to them, help verify their location, and inform them of their rights to obtain a passport and specific benefits when they turn 18, unless assistance is no longer requested.

4. Study of international parental child abduction Read Opens in new tab

Summary AI

The section mandates that the Secretary of State collaborates with a suitable nonprofit organization to study and report on the serious negative effects of international parental child abduction on both the kidnapped children and their parents left behind. It allocates $1 million each for the years 2025 and 2026 to fund this research.

Money References

  • “(2) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated $1,000,000 for each of fiscal years 2025 and 2026 to carry out the study described in paragraph (1).”.