Procedures for Children Abducted to the United States; Final Rule, 64539-64540 [E8-25929]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Rules and Regulations]
[Pages 64539-64540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25929]


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DEPARTMENT OF STATE

22 CFR Part 94

[Public Notice 6417]


Procedures for Children Abducted to the United States; Final Rule

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is adopting as a final rule the 
regulations regarding incoming parental abduction cases pursuant to the 
Hague Convention on the Civil Aspects of International Child Abduction. 
Incoming cases will be processed by the United States Central Authority 
(USCA), the Office of Children's Issues in the Bureau of Consular 
Affairs within the U.S. Department of State or an entity designated by 
the USCA.

DATES: This rule is effective October 30, 2008.

FOR FURTHER INFORMATION CONTACT: Corrin M. Ferber, CA/OCS/PRI, U.S. 
Department of State, Room 4039, 2201 C Street, NW., Washington, DC 
20520; telephone: (202) 736-9172 (this is not a toll free number). 
Hearing- or speech-impaired persons may use the Telecommunications 
Devices for the Deaf (TDD) by contacting the Federal Information Relay 
Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: These regulations were originally published 
as an interim final rule on August 15, 2008, Volume 73, Number 159, 
page 47829-47831. No comments were received and we are adopting these 
regulations as final without change.
    Since 1988, the Department of State has served as the United States 
Central Authority (USCA) under the Hague Convention on the Civil 
Aspects of International Child Abduction (Hague Convention). The Office 
of Children's Issues (CI) in the Department's Bureau of Consular 
Affairs serves as the primary point of contact for abduction cases and 
is responsible for processing all Hague Convention applications seeking 
the return of children wrongfully removed or retained in the United 
States from any other Hague Convention contracting state. In addition, 
CI is responsible for facilitating access rights under the Hague 
Convention. In FY 2007, CI processed approximately 575 cases involving 
821 children who were allegedly abducted from or retained outside the 
United States in other Hague contracting countries. Another 355 cases 
involving 518 children who were allegedly abducted to or retained in 
the United States from other Hague contracting countries were also 
processed in FY2007 (Hague incoming cases).
    The processing of incoming Hague Convention applications requires 
case officers to communicate with foreign Central Authorities about 
incoming cases, to determine the whereabouts of children wrongfully 
taken to the United States, to attempt to promote the voluntary return 
of abducted children, and to facilitate the initiation of judicial 
proceedings with a view toward

[[Page 64540]]

securing the return of abducted children. Many of the case officer 
functions involve extensive contact with local law enforcement 
officials, social service agencies, legal aid organizations and local 
bar associations.
    22 CFR Part 94 is being amended to reflect the fact that CI will 
resume case officer functions for Hague Convention cases where a child 
has been abducted to or retained in the United States, or will select 
an entity to assist the Central Authority to carry out these 
obligations. Since 1996, these functions have been carried out by the 
National Center for Missing and Exploited Children (NCMEC). See 61 FR 
7069 (Feb. 26, 1996); 60 FR 66073 (Dec. 21, 1995). CI continued to 
perform the remaining USCA functions during this time and retained 
ultimate responsibility for all incoming cases, while the Department of 
State retained all inherently governmental functions, including matters 
of Hague Convention interpretation and policy direction. In March 2008, 
in an effort to reintegrate these various USCA functions, CI 
significantly modified its agreement with the Department of Justice's 
Office of Juvenile Justice and Delinquency Prevention and NCMEC such 
that CI would resume the case officer functions.
    This change reflects the expansion of CI's capacity to manage the 
full range of case officer functions for incoming Hague abduction 
cases. During the past 12 years, CI has significantly increased its 
capacity to carry out casework, including its ability to liaise with 
other federal agencies; federal, state and local law enforcement; 
domestic and foreign social service agencies, non-governmental 
organizations; legal aid organizations; and local bar associations. The 
Office of the Inspector General (OIG) noted in its 2005 report that 
case officers exhibit the necessary combination of tact, empathy, and 
professionalism required to do this work. Further, it noted that the 
ability and commitment of the caseworkers was evident and well 
supported by management team within CI. The findings of the OIG 
indicate that CI has developed the necessary tools to manage incoming 
casework since entering into its initial agreement with NCMEC in 1995. 
This development, coupled with CI's desire to provide consistent, 
efficient services to parents, and an interest in maintaining clear 
communications with foreign Central Authorities, makes this an 
appropriate time for CI to resume responsibility for handling incoming 
Hague Convention cases, or, alternatively, to select an entity to 
assist in the carrying out of these functions.
    The Department of State originally published this as an interim 
final rule on August 15, 2008, Volume 73, Number 159, page 47829-47831. 
No comments were received.

Regulatory Findings

    The Department is publishing this rule in accordance with the 
exemption contained in 5 U.S.C. 553(a)(2) for matters relating to 
agency management or personnel. The transfer of responsibility over 
incoming Hague Convention cases back to the Office of Children's Issues 
at the Department of State primarily affects internal workload 
distribution and management of the USCA functions.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    Since this action is exempt from notice and comment procedures 
contained in 5 U.S.C. 553, and no other statute mandates such 
procedures, no analysis under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) is required. However, these changes to the regulations are 
not expected to have a significant impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act, 5 
U.S.C. 601-612, and Executive Order 13272, section 3(b).

The Small Business Regulatory Enforcement Fairness Act of 1996

    This final rule is not a major rule, as defined by 5 U.S.C. 804, 
for purposes of congressional review of agency rulemaking under the 
Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 
104-121. This rule will not result in an annual effect on the economy 
of $100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of the United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Public Law 104-4, 109 Stat. 64, 2 U.S.C. 1532, generally requires 
agencies to prepare a statement before proposing or adopting any rule 
that may result in an annual expenditure of $100 million or more 
(adjusted annually for inflation) by state, local, or tribal 
governments, or by the private sector. This rule will not result in any 
such expenditure nor will it significantly or uniquely affect small 
governments.

Executive Orders 12372 and 13132: Federalism

    This rule does not have federalism implications warranting the 
application of Executive Orders No. 12372 and No. 13132. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.

Executive Order 12866: Regulatory Review

    The Department of State does not consider this final rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
generally exempt from Executive Order 12866 except to the extent that 
it is promulgating regulations in conjunction with a domestic agency 
that are significant regulatory actions. The Department has 
nevertheless reviewed the regulation to ensure its consistency with the 
regulatory philosophy and principles set forth in that Executive Order.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.
The Paperwork Reduction Act of 1995
    Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501, et 
seq., Federal agencies must obtain approval from OMB for most 
collections of information they conduct, sponsor, or require through 
regulation. The Department of State has determined that this rule does 
not require new collection of information for purposes of the PRA.

List of Subjects in 22 CFR Part 94

    Infants and children, Reporting and recordkeeping requirements, 
Treaties.

0
For the reasons set forth in the preamble, 22 CFR Part 94 is amended to 
read as follows:

PART 94--INTERNATIONAL CHILD ABDUCTION

0
Accordingly, the interim final rule amending 22 CFR 94 which was 
published at 73 FR 47829 on August 15, 2008, is adopted as a final rule 
without change.

[FR Doc. E8-25929 Filed 10-29-08; 8:45 am]
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