H.Res. 1326House111th Congress (2009-2011)Passed Congress

Calling on the Government of Japan to address the urgent problem of abduction to and retention of United States citizen children in Japan, to work closely with the Government of the United States to return these children to their custodial parent or to the original jurisdiction for a custody determination in the United States, to provide left-behind parents immediate access to their children, and to adopt without delay the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Introduced May 5, 2010

Legislative Activity

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11 earlier actions
HouseFloor Latest Action

The title of the measure was amended. Agreed to without objection.

September 29, 2010 • 4:02 PM

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HouseIntro Referral

Introduced in House

May 5, 2010

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E751)

May 5, 2010

HouseIntro Referral

Referred to the House Committee on Foreign Affairs.

May 5, 2010

HouseFloor

Mr. Berman moved to suspend the rules and agree to the resolution, as amended.

September 28, 2010 • 3:25 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7043-7048)

September 28, 2010 • 3:25 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H. Res. 1326.

September 28, 2010 • 3:25 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

September 28, 2010 • 3:55 PM

HouseFloor

Considered as unfinished business. (consideration: CR H7258-7259)

September 29, 2010 • 3:54 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and agree to the resolution, as amended Agreed to by the Yeas and Nays: (2/3 required): 416 - 1 (Roll no. 553).(text: CR 9/28/2010 H7043-7044)

September 29, 2010 • 4:02 PM

HouseFloor

On motion to suspend the rules and agree to the resolution, as amended Agreed to by the Yeas and Nays: (2/3 required): 416 - 1 (Roll no. 553). (text: CR 9/28/2010 H7043-7044)

September 29, 2010 • 4:02 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 29, 2010 • 4:02 PM

HouseFloor

The title of the measure was amended. Agreed to without objection.

September 29, 2010 • 4:02 PM

Floor Debate

23 members

What members said about H.Res. 1326 on the floor

8 Republicans15 Democrats
Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Sep 28, 2010

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, first of all let me thank Chairman Berman and Ileana Ros-Lehtinen, our Ranking Member, for their leadership in helping to shepherd…

Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · Sep 28, 2010

Mr. Speaker, I rise today to express my support and sympathy for U.S. parents who are not able to see their children, when those children are in the custody of other family members in another…

James P. Moran
Rep. James P. MoranD-VA-8 · Sep 28, 2010

Mr. Speaker, I thank my friend from Tennessee; I thank my colleague from New Jersey (Mr. Smith); and, of course, Chairman Berman. Mr. Speaker, the United States and Japan have a strong and critical…

Charles W. Boustany, Jr.
Rep. Charles W. Boustany, Jr.R-LA-7 · Sep 29, 2010

I yield myself such time as I may consume. (Mr. BOUSTANY asked and was given permission to revise and extend his remarks.) Mr. Speaker, everyone in this Chamber salutes the heroic actions of those…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · Sep 29, 2010

Mr. Speaker, pursuant to House Resolution 1674, I call up the bill (H.R. 847) to amend the Public Health Service Act to extend and improve protections and services to individuals directly impacted by…

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Lamar Smith
Rep. Lamar SmithR-TX-21 · Sep 29, 2010

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this bill presents a sensitive issue with regard to compensation for those who are suffering ailments as a result of the recovery…

Anthony D. Weiner
Rep. Anthony D. WeinerD-NY-9 · Sep 29, 2010

I thank the gentleman from New Jersey. You know, I have heard some people describe this bill as an entitlement bill, as if people are lining up to get this benefit. Like someone would really want to…

Peter T. King
Rep. Peter T. KingR-NY-3 · Sep 29, 2010

I thank the gentleman for yielding. Mr. Speaker, I rise in strong support of H.R. 847, and at the outset, let me commend my colleagues, Carolyn Maloney and Jerry Nadler, for the truly outstanding job…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Sep 29, 2010

I thank the gentleman, but I, in turn, want to salute Congressman Peter King, Congresswoman Carolyn Maloney, Congressman Jerry Nadler, and the entire bipartisan New York delegation for giving us this…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Sep 29, 2010

Mr. Speaker, I rise in strong support of H.R. 847, the James Zadroga 9/11 Health and Compensation Act of 2010. This important legislation was reported by the Energy and Commerce Committee with…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 29, 2010

I traveled this journey with all of you. And Congresswoman Maloney, I wanted to come and thank you, along with the chairpersons of the Energy and Commerce and the Judiciary Committees, for never…

John Shimkus
Rep. John ShimkusR-IL-19 · Sep 29, 2010

Mr. Speaker, I yield 5 minutes to my colleague and friend, the gentleman from New York (Mr. King). Mr. Speaker, I reserve the balance of my time. I continue to reserve my time. I don't think we do. I…

Joe Barton
Rep. Joe BartonR-TX-6 · Sep 29, 2010

Mr. Speaker, I yield myself 5 minutes. (Mr. BARTON of Texas asked and was given permission to revise and extend his remarks.) Mr. Speaker, I rise in respectful but sincere opposition to the pending…

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Zoe Lofgren
Rep. Zoe LofgrenD-CA-16 · Sep 29, 2010

Mr. Speaker, I rise again today in support of H.R. 847, the James Zadroga 9/11 Health and Compensation Act of 2010. Voting for this bill is essential if we want to honor the true heroes of 9/11.…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-8 · Sep 29, 2010

Mr. Speaker, many folks from New Jersey, both first responders and workers, went to New York after this tragedy. There is no question that, when you look at the records, that there were people from…

Gary G. Miller
Rep. Gary G. MillerR-CA-42 · Sep 29, 2010

Mr. Speaker, I rise in support of House Resolution 1326, a resolution calling on the Government of Japan to immediately address the growing problem of American children abducted to Japan. Since 1994,…

Howard L. Berman
Rep. Howard L. BermanD-CA-28 · Sep 28, 2010

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1326) calling on the Government of Japan to immediately address the growing problem of abduction to and retention of…

Xavier Becerra
Rep. Xavier BecerraD-CA-31 · Sep 29, 2010

Mr. Speaker, I rise today in support of H. Res. 1326, a resolution calling on the Government of Japan to immediately address the urgent problem involving United States citizen children who are…

Gary L. Ackerman
Rep. Gary L. AckermanD-NY-5 · Sep 29, 2010

Mr. Speaker, I rise today in the strongest possible support of the 9/11 Health and Compensation Act, H.R. 847. Mr. Speaker, we are here again on the floor of the House to consider doing the decent…

Christopher J. Lee
Rep. Christopher J. LeeR-NY-26 · Sep 29, 2010

Mr. Speaker, I have a motion to recommit at the desk. In its present form. Mr. Speaker, I, like many of my colleagues, am a strong supporter of the underlying provisions in H.R. 847, the James…

Joseph Crowley
Rep. Joseph CrowleyD-NY-7 · Sep 29, 2010

I thank my colleague and friend from New York (Mr. Rangel) for yielding me this time. Mr. Speaker, I rise in strong support of this bill. I would like to thank those who are here today for the debate…

Rush Holt
Rep. Rush HoltD-NJ-12 · Sep 29, 2010

Mr. Speaker, as a cosponsor of the James Zadroga 9/11 Health and Compensation Act of 2010, I urge passage of this important bill. Today the House has the opportunity to honor the rescue and recovery…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Sep 29, 2010

I thank the gentleman for his leadership and for yielding and for his hard work for 6 years. It took us 4 years in college, and it has been 6 years on this bill. The time to pass the James Zadroga…

Rush Holt
Rep. Rush HoltD-NJ-12 · Sep 29, 2010

Mr. Speaker, the resolution before us this week addresses a painful issue: the problem of international parental child abduction. Over the last several years, I've gained a greater understanding of…

Bill Text

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Engrossed in HouseIssued September 29, 2010

H. RES. 1326

In the House of Representatives, U. S.,

September 29, 2010

RESOLUTION

Whereas Japan is an important partner with the United States and shares interests in the areas of economy, defense, global peace and prosperity, and the protection of the human rights of the two nations’ respective citizens in an increasingly integrated global society;

Whereas the Government of Japan acceded in 1979 to the International Covenant on Civil and Political Rights that states “States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children [Article 23]”;

Whereas since 1994, the Office of Children’s Issues (OCI) at the United States Department of State had opened over 214 cases involving 300 United States citizen children abducted to or wrongfully retained in Japan, and as of September 17, 2010, OCI had 95 open cases involving 136 United States citizen children abducted to or wrongfully retained in Japan;

Whereas the United States Congress is not aware of any legal decision that has been issued and enforced by the Government of Japan to return a single abducted child to the United States;

Whereas Japan has not acceded to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention), resulting in the continued absence of an immediate civil remedy that as a matter of urgency would enable the expedited return of abducted children to their custodial parent in the United States where appropriate, or otherwise immediately allow access to their United States parent;

Whereas the Government of Japan is the only G–7 country that has not acceded to the Hague Convention;

Whereas the Hague Convention would not apply to most abductions occurring before Japan’s ratification of the Hague Convention, requiring, therefore, that Japan create a separate parallel process to resolve the abductions of all United States citizen children who currently remain wrongfully removed to or retained in Japan, including the 136 United States citizen children who have been reported to the United States Department of State and who are being held in Japan against the wishes of their parent in the United States and, in many cases, in direct violation of a valid United States court order;

Whereas the Hague Convention provides enumerated defenses designed to provide protection to children alleged to be subjected to a grave risk of physical or psychological harm in the left-behind country;

Whereas United States laws against domestic violence extend protection and redress to Japanese spouses;

Whereas there are cases of Japanese consulates located within the United States issuing or reissuing travel documents of dual-national children notwithstanding United States court orders restricting travel;

Whereas Japanese family courts may not actively enforce parental access and joint custody arrangements for either a Japanese national or a foreigner, there is little hope for children to have contact with the noncustodial parent;

Whereas the Government of Japan has not prosecuted an abducting parent or relative criminally when that parent or relative abducts the child into Japan, but has prosecuted cases of foreign nationals removing Japanese children from Japan;

Whereas according to the United States Department of State’s April 2009 Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction, abducted children are at risk of serious emotional and psychological problems and have been found to experience anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt, and fearfulness, and as adults may struggle with identity issues, their own personal relationships, and parenting;

Whereas left-behind parents may encounter substantial psychological, emotional, and financial problems, and many may not have the financial resources to pursue civil or criminal remedies for the return of their children in foreign courts or political systems;

Whereas, on October 16, 2009, the Ambassadors to Japan of Australia, Canada, France, Italy, New Zealand, Spain, the United Kingdom, and the United States, all parties to the Hague Convention, called upon Japan to accede to the Hague Convention and to identify and implement measures to enable parents who are separated from their children to establish contact with them and to visit them;

Whereas, on January 30, 2010, the Ambassadors to Japan of Australia, France, New Zealand, the United Kingdom and the United States, the Charges d’Affaires ad interim of Canada and Spain, and the Deputy Head of Mission of Italy, called on Japan’s Minister of Foreign Affairs, submitted their concerns over the increase in international parental abduction cases involving Japan and affecting their nationals, and again urged Japan to sign the Hague Convention;

Whereas the Government of Japan has recently created a new office within the Ministry of Foreign Affairs to address parental child abduction and a bilateral commission with the Government of the United States to share information on and seek resolution of outstanding Japanese parental child abduction cases; and

Whereas it is critical for the Governments of the United States and Japan to work together to prevent future incidents of international parental child abduction to Japan, which damages children, families, and Japan’s national image with the United States: Now, therefore, be it

That—

(1)

the House of Representatives—

(A)

condemns the abduction and wrongful retention of all children being held in Japan away from their United States parents;

(B)

calls on the Government of Japan to immediately facilitate the resolution of all abduction cases, to recognize United States court orders governing persons subject to jurisdiction in a United States court, and to make immediately possible access and communication for all children with their left-behind parents;

(C)

calls on the Government of Japan to include Japan’s Ministry of Justice in work with the Government of the United States to facilitate the identification and location of all United States citizen children alleged to have been wrongfully removed to or retained in Japan and for the immediate establishment of procedures and a timetable for the resolution of existing cases of abduction, interference with parental access to children, and violations of United States court orders;

(D)

calls on the Government of Japan to review and amend its consular procedures to ensure that travel documents for children are issued with due consideration to any orders by a court of competent jurisdiction and with notarized signatures from both parents;

(E)

calls on Japan to accede to the 1980 Hague Convention on the Civil Aspects of International Child Abduction without delay and to promptly establish judicial and enforcement procedures to facilitate the immediate return of children to their habitual residence and to establish procedures for recognizing rights of parental access; and

(F)

calls on the President of the United States and the Secretary of State to continue raising the issue of abduction and wrongful retention of those United States citizen children in Japan with Japanese officials and domestic and international press; and

(2)

it is the sense of the House of Representatives that the United States should—

(A)

recognize the issue of child abduction to and retention of United States citizen children in Japan as an issue of paramount importance to the United States within the context of its bilateral relationship with Japan;

(B)

work with the Government of Japan to enact consular and passport procedures and legal agreements to prevent parental abduction to and retention of United States citizen children in Japan;

(C)

review its advisory services made available to United States citizens domestically and internationally from the Department of State, the Department of Defense, the Department of Justice, and other government agencies to ensure that effective and timely assistance is given to United States citizens in preventing the incidence of wrongful retention or removal of children and acting to obtain the expeditious return of their children from Japan;

(D)

review its advisory services for members of the United States Armed Forces, particularly those stationed in Japan by the Department of Defense and the United States Armed Forces, to ensure that preventive education and timely legal assistance are made available; and

(E)

call upon the Secretary of State to establish procedures with the Government of Japan to resolve immediately any parental child abduction or access issue reported to the United States Department of State.

Clerk.