H.Res. 1326

Calling on the Government of Japan to immediately address the growing problem of abduction to and retention of United States citizen minor children in Japan, to work closely with the Government of the United States to return these children to their custod

Sponsor	Rep. Moran, James P.
Committee	Foreign Affairs
Date	September 28, 2010 (111th Congress, 2nd Session)
Staff Contact	Ben Howard

H.Res. 1326 is expected to be considered on the floor of the House on Tuesday, September 28, 2010, under a motion to suspend the rules, requiring a two-thirds majority vote for passage. The legislation was introduced by Rep. James Moran (D-VA) on May 5, 2010.

H.Res. 1326 would resolve that the House of Representatives:

• “Condemns the abduction and retention of all minor children being held in Japan away from their United States parents in violation of their human rights and United States and international law;
• “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;
• “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 minor citizen children alleged to have been wrongfully removed to or retained in Japan and for the immediate establishment of a protocol for the resolution of existing cases of abduction, interference with parental access to children, and violations of United States court orders;
• “Calls on the Government of Japan to establish immediately a protocol and timetable to amend its Civil Code to allow for enforceable rights of parental access and communication between minor children and their divorced or separated parents including parents who are not Japanese citizens;
• “Calls on the Government of Japan to review and amend its consular procedures to ensure that travel documents for minor children are not issued in violation of United States court orders;
• “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 credibly the immediate return of children to their habitual residence and to establish protocols for the organization of rights of international parental access; and
• “Calls on the President of the United States and the Secretary of State to seek immediately to identify credibly all United States citizen minor children who have been wrongfully removed to and who are retained currently in Japan and to raise the issue of abduction and wrongful retention of those United States citizen minor children in Japan with Japanese officials and domestic and international press; and

 

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

• “Recognize the issue of child abduction to and retention of United States citizen minor children in Japan as a central foreign policy issue of paramount importance to the United States within the context of its bilateral relationship with Japan;
• “Work with the Government of Japan to enact consular procedures and legal agreements to prevent parental abduction to and retention of United States citizen minor children in Japan;
• “Encourage the Government of Japan to adopt the policy of not issuing duplicate passports when a United States judge has restricted a child's travel or ordered the surrender of passports and to otherwise require notarized signatures from both parents before issuing a passport to a child;
• “Review its advisory services made available to United States citizens from the Department of State, 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 minor children and acting to obtain the expeditious return of their children from Japan;
• “Call upon the Secretary of Defense to include the issues of child abduction and the protection of members of the United States Armed Forces and their families stationed abroad in any current or future status of forces agreement;
• “Call upon the Secretary of State to enact immediately a Memorandum of Understanding with the Government of Japan to establish a bilateral protocol with procedures to address immediately any parental child abduction or access issue reported to the United States Department of State; and
• “Urge the Department of State to include international child abduction and Japan's actions regarding abductions as a human rights violation under its Country Reports on Human Rights Practices.”