Airlines Do Not Have Authority to Adopt a Preventative Role; the State Department and DHS Have Programs That Attempt to Prevent International Parental Child Abductions

		Airlines Do Not Have the Authority to Enforce Court and Custody Orders but Have Policies and Procedures for Boarding Children Traveling Alone

As private sector entities, airlines in the United States do not have the  authority to verify or enforce court and custody orders. The State Department Has Measures Related to the Issuance of Children’s Passports, while DHS Has Measures to Intercept an Abductor at the Airport

The State Department has preventative measures that are focused outside  of the airport environment, before a suspected abductor reaches an airport  with a child, while DHS’s measures focus on preventing child abductions  once an abductor reaches an airport with a child. Stakeholders Identified Two Additional Options— a Parental-Consent Letter Requirement and a High-Risk Abductor List—That May Help Prevent International Parental Child Abductions, but Cited Limitations

		Federal Agency Officials, Nongovernmental Organizations, and Others Identified Two Potential Options: a Parental- Consent Letter Requirement and a High- Risk Abductor List

Concerns about increasing cases of international parental child abductions  have led federal agency officials, nongovernmental organizations, and  others to suggest a number of potential options aimed at preventing such  abductions. A parental-consent letter requirement could specify that children traveling  alone or without both parents on international flights be required to have a  note of consent from the nonaccompanying parent(s) authorizing the child  to travel. A program to identify adults at high risk for committing child abductions  could operate similarly to DHS’s Prevent Departure program but would  apply to U.S. citizens—such a program may require additional statutory  authority. Stakeholder Views Indicate That Consent Letters May be Impractical, while a High-Risk Abductor List May Help Prevent Some Abductions

			Parental Consent Letters Appear Impractical

Federal agency, airline, and nongovernmental organization stakeholders  reported that the presence of some type of parental-consent letter  requirement may be effective in deterring some parents from attempting to  abduct their children abroad. Stakeholders, however, pointed out that the relatively difficult and time- consuming steps needed to place a child and potential abductor on this list  may limit its effectiveness. Recommendation for Executive Action

To further help prevent international parental child abductions involving  airline flights, particularly for persons identified as high risk for attempting  such abductions, we recommend that the Secretary of Homeland Security  consider creating a program similar to the child abduction component of  the Prevent Departure program that would apply to U.S. citizens. DHS  concurred with our recommendation and agreed with our conclusions. However, while stating its commitment to working with the Department of  State and other stakeholders to better prevent these abductions, DHS also  discussed challenges, including "potential constitutional, operational,  privacy, and resource issues," to viably implementing a high-risk abductor  list for U.S. citizens. Appendix I: Scope and Methodology

In response to your request, this report provides (1) information on  policies and measures airlines, federal agencies, and other entities have to  prevent international parental child abductions involving airline flights and  (2) options federal agencies, nongovernmental organizations, airlines, and  others could consider to prevent international parental child abductions  involving airline flights, as well as the advantages and limitations of those  options. Our focus was  primarily on international parental child abductions that occur when a  parent, family member, or person acting on behalf of the parent or family  takes a child from the country violating the rights of the custodial parent  or guardian left behind.
Why GAO Did This Study

Since 2000, the annual number of new international parental child abduction cases reported to the Department of State--many of which likely involved air travel--has nearly tripled. Such abductions occur when a parent, family member, or person acting on behalf thereof, takes a child to another country in violation of the custodial parent's or guardian's rights. Once a child is abducted, the laws, policies, and procedures of the foreign country determine the child's return. Thus, preventing such abductions can help keep parents and children from being separated for a long period or indefinitely. As requested, this report addresses (1) the policies and measures airlines, federal agencies, and others have to prevent international parental child abductions on airline flights and (2) options federal agencies, airlines, and others could consider for helping prevent such abductions on airline flights, as well as the advantages and limitations of those options. To perform this work, GAO reviewed applicable laws and policies, interviewed government officials, and surveyed airlines and nonprofit associations.

What GAO Found

As private sector entities, airlines do not have the authority to verify or enforce court and custody orders in an effort to prevent international parental child abductions and thus, upon request, work in cooperation with law enforcement. The Department of State has measures such as a dual-signature passport requirement and a passport notification program that are focused on preventing abductions before abductors reach an airport. The Department of Homeland Security (DHS) has measures that are focused on prevention when abductors reach the airport, such as a Prevent Departure list which prevents non-U.S. citizens from departing on an international flight with a child of concern, if certain criteria are met. DHS also checks the National Crime Information Center Missing Persons File and has partnered with other agencies to distribute AMBER Alerts at airports if child abductions meet certain criteria. Two options--a parental-consent letter requirement and a high-risk abductor list--were cited by stakeholders (federal agency, airline, and nongovernmental organization officials) as having potential to prevent abductions, but consent letters may be impractical to adopt while a high-risk list may help prevent some abductions. A consent letter policy could require that children traveling alone, or without both parents, have a note of consent from the nonaccompanying parents authorizing the child to travel. Stakeholders GAO met with and surveyed noted that such consent letters may be effective in deterring some abductions, but the relative ease in forging a letter along with other significant issues indicate that such a requirement is not a practical option. A high-risk abductor list program could operate similarly to the Prevent Departure list program but would apply to U.S. citizens. While stakeholders pointed out certain limitations to such a high-risk abductor list--such as the relatively difficult and time-consuming steps needed to place a child and potential abductor on this list--such a list may be helpful in preventing abductions on airline flights.

What GAO Recommends

GAO recommends that DHS consider creating a program similar to the child abduction component of its Prevent Departure program that would apply to U.S. citizens. DHS concurred with the recommendation, but cited challenges toward implementing it, such as potential constitutional, operational, privacy, and resource issues.