text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Suspend Brazil GSP Act''.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--Congress finds the following:
              (1) According to the Department of State, there are at 
          least 50 cases involving at least 64 children who were habitual 
          residents of the United States and who were removed to Brazil 
          by one parent, wrongfully denying custody to the parent in the 
          United States, and who have not been returned to the United 
          States as required under the Convention on the Civil Aspects of 
          International Child Abduction, done at the Hague on October 25, 
          1980 (TIAS 11670; in this section referred to as the ``Hague 
          Convention'').
              (2) David Goldman, a United States citizen and resident of 
          New Jersey, has been trying unsuccessfully since June 2004 to 
          secure the return of his son Sean to the United States where 
          Sean maintained his habitual residence until his mother, Bruna 
          Bianchi Ribeiro Goldman, removed Sean to Brazil.
              (3) On September 3, 2004, Mr. Goldman filed an application 
          for the immediate return of Sean to the United States under the 
          Hague Convention to which both the United States and Brazil are 
          party and which entered into force between Brazil and the 
          United States on December 1, 2003.
              (4) Pursuant to Article 12 of the Hague Convention, the 
          judicial authority of Brazil was required to order Sean's 
          return to the United States ``forthwith'', customarily defined 
          under international law as within six weeks after an 
          application for return has been filed.
              (5) On October 13, 2005, the Brazilian court refused to 
          return Sean in contravention of Brazil's obligations under the 
          Hague Convention even though it found that Sean was a habitual 
          resident of the United States and, pursuant to international 
          law, had been wrongfully removed and retained in Brazil.
              (6) On August 22, 2008, Mrs. Goldman passed away in Brazil 
          leaving Sean without a mother and separated from his biological 
          father in the United States. Instead of returning Sean to the 
          custody of his father David, Mrs. Goldman's second husband, 
          Joao Paulo Lins e Silva, petitioned the Brazilian courts for 
          custody rights over Sean.
              (7) On September 25, 2008, Mr. Goldman filed an amended 
          application under the Hague Convention against Mr. Lins e Silva 
          for the return of custody over Sean.
              (8) On June 1, 2009, a federal court judge in Brazil 
          ordered that Sean be turned over to the United States consulate 
          in Rio de Janeiro and returned to his father on June 3, 2009. 
          The court further ordered that, following a 30-day adaptation 
          period in the United States, Mr. Goldman be given full custody 
          over Sean.
              (9) On June 2, 2009, one Brazilian Supreme Court justice 
          suspended the order of the first level of the Federal Court on 
          the basis of a motion filed by the Progressive Party, a small 
          Brazilian political party, that objects to the application of 
          the Hague Convention in Brazil. This suspension must now be 
          heard by the full Supreme Court, could further delay the 
          Goldman case for months, and could prevent the return of any 
          other abducted children to the United States.
              (10) Brazil is a primary beneficiary under the Generalized 
          System of Preferences program. In 2008, Brazil received duty-
          free status under the GSP for United States imports totaling 
          $2.75 billion.
              (11) A country that refuses to abide by its international 
          obligations pursuant to the Hague Convention and recognize the 
          international rights of parents and their children from the 
          United States should not be able to export goods to the United 
          States duty-free under the Generalized System of Preferences 
          program.
      (b) Declaration of Purpose.--The purpose of this Act is to--
              (1) attain the immediate return of Sean Goldman and all 
          children to the United States who are being held wrongfully in 
          Brazil in contravention of the Hague Convention; and
              (2) impress upon the judiciary, central authority, and law 
          enforcement of Brazil the importance of abiding by their 
          respective obligations pursuant to the Hague Convention.
  
  SEC. 3. SUSPENSION OF APPLICATION OF GENERALIZED SYSTEM OF PREFERENCES 
                FOR BRAZIL.
  
      (a) Notification of Suspension of Duty-Free Treatment.--Not later 
  than 7 days after the date of the enactment of this Act, the President 
  shall notify the member countries of the World Trade Organization that 
  the United States is suspending the application of Generalized System 
  of Preferences for Brazil in accordance with the requirements of this 
  section.
      (b) Suspension of Duty-Free Treatment.--
              (1) In general.--Not later than 30 days after the date of 
          the enactment of this Act, the President shall suspend the 
          application of Generalized System of Preferences for Brazil.
              (2) Waiver.--The President may waive the application of 
          paragraph (1) if the President determines and reports to the 
          appropriate congressional committees that it is important to 
          the national interests of the United States to do so.
      (c) Reinstatement of Duty-Free Treatment.--The President may 
  reinstate the application of Generalized System of Preferences for 
  Brazil if the President certifies to the appropriate congressional 
  committees that the following requirements have been satisfied:
              (1) The central authority of Brazil is complying with its 
          obligations under the Convention on the Civil Aspects of 
          International Child Abduction, done at the Hague on October 25, 
          1980 (TIAS 11670; in this section referred to as the ``Hague 
          Convention'') with respect to international child abduction 
          cases involving children from the United States.
              (2) The judicial system of Brazil is complying with its 
          obligations under the Hague Convention with respect to 
          international child abduction cases involving children from the 
          United States.
              (3) The law enforcement system of Brazil is complying with 
          its obligations under the Hague Convention with respect to 
          international child abductions cases involving children from 
          the United States.
  
  SEC. 4. DEFINITIONS.
  
      In this section:
              (1) Appropriate congressional committees.--The term 
          ``appropriate congressional committees'' means--
                      (A) the Committee on Foreign Affairs and the 
                  Committee on Ways and Means of the House of 
                  Representatives; and
                      (B) the Committee on Foreign Relations and the 
                  Committee on Finance of the Senate.
              (2) Generalized system of preferences.--The term 
          ``Generalized System of Preferences'' means duty-free treatment 
          provided to eligible articles from beneficiary developing 
          countries under title V of the Trade Act of 1974 (19 U.S.C. 
          2461 et seq.).
target: Suspend Brazil GSP Act - Declares that it is the purpose of this Act to: (1) attain the immediate return of Sean Goldman and all children of the United States who are being held wrongfully in Brazil in contravention of the Convention on the Civil Aspects of International Child Abduction (Hague Convention); and (2) impress upon Brazil the importance of abiding by their obligations under the Hague Convention with respect to international child abduction cases involving children from the United States.
  
  Directs the President to: (1) notify World Trade Organization (WTO) member countries, not later than seven days after enactment of this Act, that the United States is suspending the Generalized System of Preferences (GSP) for Brazil; and (2) suspend, not later than 30 days after enactment of this Act, GSP and duty-free treatment for Brazil.
  
  Authorizes the President to reinstate GSP and duty-free treatment for Brazil if he certifies to Congress that Brazil is complying with the Hague Convention.
feat_title: To suspend the application of Generalized System of Preferences for Brazil until such time as Brazil complies with its obligations toward the United States under the Convention on the Civil Aspects of International Child Abduction.