September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7043 and extend their remarks and include There was no objection. tion on the Civil Aspects of Inter- extraneous material on the bill under Mr. SMITH of New Jersey. Mr. national Child Abduction, as amended. consideration. Speaker, I yield myself such time as I The Clerk read the title of the resolu- The SPEAKER pro tempore. Is there may consume. objection to the request of the gen- (Mr. SMITH of New Jersey asked and tion. tleman from California? was given permission to revise and ex- The text of the resolution is as fol- There was no objection. tend his remarks.) lows: Mr. BERMAN. Mr. Speaker, I rise in Mr. SMITH of New Jersey. Mr. strong support of the bill, and I yield Speaker, I rise in support of this im- H. RES. 1326 myself such time as I may consume. portant national security measure. Mr. Whereas Japan is an important partner Mr. Speaker, the bill before us, the with the United States and shares interests Security Cooperation Act of 2010, has Speaker, this legislation is comprised of three components. First, it author- in the areas of economy, defense, global three major components. First, it in- peace and prosperity, and the protection of cludes implementing legislation for the izes the transfer of certain naval ves- the human rights of the two nations’ respec- defense trade treaties between the sels to U.S. friends and allies abroad, tive citizens in an increasingly integrated United States and two of our closest al- including India, Greece and Taiwan. global society; lies, the United Kingdom and Aus- It also includes language previously Whereas the Government of Japan acceded tralia, respectively. These treaties will adopted by the House that strengthens in 1979 to the International Covenant on support the longstanding special rela- the U.S. commitment to the security of Civil and Political Rights that states tionship shared by the U.S., the United the Jewish state of Israel by expediting ‘‘States Parties to the present Covenant Kingdom, and Australia by stream- the process for approving foreign mili- shall take appropriate steps to ensure equal- lining the processes for transferring tary sales to that country and by ex- ity of rights and responsibilities of spouses certain controlled items among our tending the dates and the amounts of as to marriage, during marriage and at its items to support combined military U.S. excess equipment that can be dissolution. In the case of dissolution, provi- transferred to Israel from regional sion shall be made for the necessary protec- and counterterrorism operations, coop- tion of any children [Article 23]’’; erative security and research, and stockpiles. Thirdly, it provides a statutory basis Whereas since 1994, the Office of Children’s other defense projects. The imple- Issues (OCI) at the United States Depart- menting legislation also provides a for the President to implement defense ment of State had opened over 214 cases in- clear statutory basis for enforcement trade cooperation treaties signed be- volving 300 United States citizen children ab- of the treaties, including the prosecu- tween the government of the United ducted to or wrongfully retained in Japan, tion of those who violate their require- States and the governments of the U.K. and as of September 17, 2010, OCI had 95 open ments. and Australia respectively. These trea- cases involving 136 United States citizen Second, S. 3847 gives Israel the same ties represent a fundamental shift in children abducted to or wrongfully retained status as our NATO allies Australia, the way the United States conducts de- in Japan; Japan, New Zealand and South Korea fense trade with its closest allies. Whereas the United States Congress is not with regard to the length of the con- Rather than reviewing export li- aware of any legal decision that has been gressional review period for U.S. arms censes, the treaties will establish a issued and enforced by the Government of sales. The security relationship be- structure in which trade in defense ar- Japan to return a single abducted child to tween the U.S. and Israel is vital and ticles, technology, and services can the United States; Whereas Japan has not acceded to the 1980 strong, and Israel deserves the same take place more freely between ap- Hague Convention on the Civil Aspects of treatment as these other nations. proved communities in the United International Child Abduction (the Hague Finally, this bill authorizes the States, the United Kingdom, and Aus- Convention), resulting in the continued ab- transfer by grant and sale of excess tralia where such trade is in support of sence of an immediate civil remedy that as a naval vessels to India, Greece, Chile, combined military and counterterror- matter of urgency would enable the expe- Morocco, and Taiwan to better assist ism operations, joint research and de- dited return of abducted children to their them with their legitimate defense velopment, production and support pro- custodial parent in the United States where needs, and in so doing strengthens our grams, and mutually agreed upon appropriate, or otherwise immediately allow relationship with these nations. projects where the end user is the U.K., access to their United States parent; Mr. Speaker, I reserve the balance of the Australian Government, or U.S. Whereas the Government of Japan is the my time. Government end users. only G-7 country that has not acceded to the Mr. BILBRAY. Mr. Speaker, I yield Mr. Speaker, I yield back the balance Hague Convention; myself such time as I may consume. Whereas the Hague Convention would not Mr. Speaker, I appreciate the chair- of my time. apply to most abductions occurring before man’s action on this item. Let me just Mr. BERMAN. Mr. Speaker, I yield Japan’s ratification of the Hague Conven- say as probably the only Member of back the balance of my time. tion, requiring, therefore, that Japan create Congress of Australian ancestry, I The SPEAKER pro tempore. The a separate parallel process to resolve the ab- want to point out that the British, we question is on the motion offered by ductions of all United States citizen children might have had a couple of run-ins the gentleman from California (Mr. who currently remain wrongfully removed to with the British every once in a while BERMAN) that the House suspend the or retained in Japan, including the 136 over the last few centuries, but the rules and pass the bill, S. 3847. United States citizen children who have been The question was taken; and (two- reported to the United States Department of only country, the only country that State and who are being held in Japan fought in every war in the last century thirds being in the affirmative) the rules were suspended and the bill was against the wishes of their parent in the and this last century alongside the United States and, in many cases, in direct United States was those men and passed. A motion to reconsider was laid on violation of a valid United States court women from Australia. order; I am very proud to be able to serve the table. Whereas the Hague Convention provides here in Congress and be able to support f enumerated defenses designed to provide pro- this bill in this forum. I think that we CALLING ON JAPAN TO ADDRESS tection to children alleged to be subjected to just have to remember that too often CHILD ABDUCTION CASES a grave risk of physical or psychological we take our allies for granted, our harm in the left-behind country; truly close friends, who are close to us Mr. BERMAN. Mr. Speaker, I move Whereas United States laws against domes- in many ways. But in some of us, it is to suspend the rules and agree to the tic violence extend protection and redress to closer than others, and I hope that resolution (H. Res. 1326) calling on the Japanese spouses; somewhere I can be able to stick this Government of Japan to immediately Whereas there are cases of Japanese con- to my cousins in Queensland, Aus- address the growing problem of abduc- sulates located within the United States issuing or reissuing travel documents of tralia, and point out that I was here to tion to and retention of United States citizen minor children in Japan, to dual-national children notwithstanding at least speak in favor of this bill. United States court orders restricting travel; Mr. Speaker, I yield the balance of work closely with the Government of the United States to return these chil- Whereas Japanese family courts may not my time to the gentleman from New actively enforce parental access and joint Jersey (Mr. SMITH), and I ask unani- dren to their custodial parent or to the custody arrangements for either a Japanese mous consent that he be allowed to original jurisdiction for a custody de- national or a foreigner, there is little hope control that time. termination in the United States, to for children to have contact with the non- The SPEAKER pro tempore. Is there provide left-behind parents immediate custodial parent; objection to the request of the gen- access to their children, and to adopt Whereas the Government of Japan has not tleman from California? without delay the 1980 Hague Conven- prosecuted an abducting parent or relative

VerDate Mar 15 2010 06:23 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.110 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7044 CONGRESSIONAL RECORD — HOUSE September 28, 2010 criminally when that parent or relative ab- ders by a court of competent jurisdiction and What it does is it addresses the ab- ducts the child into Japan, but has pros- with notarized signatures from both parents; duction of American citizen children to ecuted cases of foreign nationals removing (E) calls on Japan to accede to the 1980 Japan, as you might imagine, a very, Japanese children from Japan; Hague Convention on the Civil Aspects of very important issue for the families Whereas according to the United States International Child Abduction without delay Department of State’s April 2009 Report on and to promptly establish judicial and en- involved and for the governments of Compliance with the Hague Convention on forcement procedures to facilitate the imme- both the United States and Japan. the Civil Aspects of International Child Ab- diate return of children to their habitual res- Japan is a vital partner and a friend duction, abducted children are at risk of se- idence and to establish procedures for recog- of the United States, but on the issue rious emotional and psychological problems nizing rights of parental access; and of international parental child abduc- and have been found to experience anxiety, (F) calls on the President of the United tion our two countries’s viewpoints are eating problems, nightmares, mood swings, States and the Secretary of State to con- substantially different and progress sleep disturbances, aggressive behavior, re- tinue raising the issue of abduction and has been painfully slow. Once Amer- sentment, guilt, and fearfulness, and as wrongful retention of those United States adults may struggle with identity issues, ican children are abducted to Japan, citizen children in Japan with Japanese offi- the left-behind parents have little or their own personal relationships, and par- cials and domestic and international press; enting; and no access to them, even though their Whereas left-behind parents may encoun- (2) it is the sense of the House of Rep- children are dual U.S. and Japanese ter substantial psychological, emotional, resentatives that the United States should— citizens. Currently there are 136 U.S. and financial problems, and many may not (A) recognize the issue of child abduction citizen children abducted to and held in have the financial resources to pursue civil to and retention of United States citizen Japan. or criminal remedies for the return of their children in Japan as an issue of paramount Japan is the only G–7 country that is children in foreign courts or political sys- importance to the United States within the not a signatory to the Hague Conven- tems; context of its bilateral relationship with tion that governs international paren- Whereas, on October 16, 2009, the Ambas- Japan; sadors to Japan of Australia, Canada, tal child abduction. We urge the Japa- (B) work with the Government of Japan to nese government to ratify the conven- France, Italy, New Zealand, Spain, the enact consular and passport procedures and United Kingdom, and the United States, all legal agreements to prevent parental abduc- tion as quickly as possible. parties to the Hague Convention, called upon tion to and retention of United States cit- The Japanese government also needs Japan to accede to the Hague Convention izen children in Japan; to create a process to resolve existing and to identify and implement measures to (C) review its advisory services made avail- cases of American children who are enable parents who are separated from their able to United States citizens domestically being held in Japan against the wishes children to establish contact with them and and internationally from the Department of of their parents in the United States, to visit them; State, the Department of Defense, the De- and in many cases in direct violation of Whereas, on January 30, 2010, the Ambas- partment of Justice, and other government sadors to Japan of Australia, France, New a valid U.S. court order. Steps need to agencies to ensure that effective and timely Zealand, the United Kingdom and the United be taken immediately to help facilitate assistance is given to United States citizens States, the Charges d’Affaires ad interim of in preventing the incidence of wrongful re- dialogue, visitation, and greater access Canada and Spain, and the Deputy Head of tention or removal of children and acting to for the left-behind parents with their Mission of Italy, called on Japan’s Minister obtain the expeditious return of their chil- children. of Foreign Affairs, submitted their concerns dren from Japan; Our children are the most important over the increase in international parental (D) review its advisory services for mem- and cherished resource, and it is a trag- abduction cases involving Japan and affect- bers of the United States Armed Forces, par- ing their nationals, and again urged Japan to edy for everyone involved when they ticularly those stationed in Japan by the De- sign the Hague Convention; are taken away and denied access to Whereas the Government of Japan has re- partment of Defense and the United States one of their parents. These children cently created a new office within the Min- Armed Forces, to ensure that preventive have a right to enjoy the love of both istry of Foreign Affairs to address parental education and timely legal assistance are parents and the benefits of both their made available; and child abduction and a bilateral commission Japanese and American cultures. with the Government of the United States to (E) call upon the Secretary of State to es- tablish procedures with the Government of Mr. Speaker, I urge my colleagues to share information on and seek resolution of support this resolution. outstanding Japanese parental child abduc- Japan to resolve immediately any parental child abduction or access issue reported to I reserve the balance of my time. tion cases; and Mr. SMITH of New Jersey. Mr. Whereas it is critical for the Governments the United States Department of State. Speaker, I yield myself such time as I of the United States and Japan to work to- The SPEAKER pro tempore. Pursu- gether to prevent future incidents of inter- ant to the rule, the gentleman from may consume. Mr. Speaker, first of all let me thank national parental child abduction to Japan, California (Mr. BERMAN) and the gen- Chairman BERMAN and ILEANA ROS- which damages children, families, and Ja- tleman from New Jersey (Mr. SMITH) LEHTINEN, our Ranking Member, for pan’s national image with the United States: each will control 20 minutes. Now, therefore, be it their leadership in helping to shepherd The Chair recognizes the gentleman Resolved, That— this legislation to the floor today, and from California. (1) the House of Representatives— I want to thank my good friend and (A) condemns the abduction and wrongful GENERAL LEAVE retention of all children being held in Japan colleague Mr. MORAN for his sponsor- Mr. BERMAN. Mr. Speaker, I ask ship. I am very proud to join him as away from their United States parents; unanimous consent that all Members (B) calls on the Government of Japan to the original cosponsor of this very im- immediately facilitate the resolution of all may have 5 legislative days to revise portant and very timely resolution. abduction cases, to recognize United States and extend their remarks and include You know, Mr. Speaker, last year we court orders governing persons subject to ju- extraneous material on the resolution learned and really the country learned risdiction in a United States court, and to under consideration. a great deal about this growing prob- make immediately possible access and com- The SPEAKER pro tempore. Is there lem of international child abduction munication for all children with their left- objection to the request of the gen- with the case of David Goldman, whose behind parents; tleman from California? son was abducted for 5 years at the (C) calls on the Government of Japan to in- There was no objection. clude Japan’s Ministry of Justice in work time, to Brazil. Thankfully, after a full with the Government of the United States to Mr. BERMAN. Mr. Speaker, I yield court press, he was not only reunited, facilitate the identification and location of myself such time as I may consume. but he is now safe, father and son, in all United States citizen children alleged to Mr. Speaker, I am in strong support New Jersey. have been wrongfully removed to or retained of this resolution. It is a bipartisan res- But what we learned, the lessons in Japan and for the immediate establish- olution, and if I might just take a sec- learned from that, was that far too lit- ment of procedures and a timetable for the ond to mention that the two real lead- tle has been done to help the other resolution of existing cases of abduction, in- ers in the movement to this resolution 2,800 American children who have been terference with parental access to children, and in pushing the underlying issue, a and violations of United States court orders; abducted to foreign countries, often in (D) calls on the Government of Japan to very important one, Mr. MORAN of Vir- defiance of court orders that had said review and amend its consular procedures to ginia and Mr. SMITH of New Jersey, are you cannot leave. ensure that travel documents for children on the floor, both I believe to speak on This resolution that we are consid- are issued with due consideration to any or- this resolution. ering today, H. Res. 1326, is an urgent

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.071 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7045 appeal to the government of Japan to And the list goes on. Chris Savoie’s with identity issues, their own per- end its complicity and/or its indiffer- children, Isaac and Rebecca Savoie, sonal relationships, and parenting. ence to international child abduction. were abducted in 2009 to Japan by their I urge my colleagues to support H. Res. 1326, calling on Japan to end the b 1530 mother, in violation of a Tennessee State order of joint custody and in vio- child abuse of international child ab- Frankly, Mr. Speaker, American pa- lation of Tennessee statutes. As a re- duction. tience has finally run out. At present, sult of the mother’s selfish actions, Mr. I reserve the balance of my time. at least 136 American children are Savoie has been awarded sole custody The SPEAKER pro tempore. Without being held in Japan against the wishes of the children, but Japan will not rec- objection, the gentleman from Ten- of their American parent, and in many ognize either the joint custody or the nessee will control the time. cases, in violation of valid U.S. court sole custody award. Although Chris is There was no objection. orders. According to the Department of the children’s father, the Japanese Mr. TANNER. Mr. Speaker, I am Defense, in 2009 alone—and we just got Government will not enforce any ac- pleased at this time to yield 10 minutes to the gentleman from Virginia (Mr. this by way of a report—10 American cess or communication with his chil- MORAN). children were abducted to Japan from dren. Mr. MORAN of Virginia. Mr. Speak- members of the U.S. Armed Forces. Mr. Speaker, for 50 years we have er, I thank my friend from Tennessee; That’s in 2009 alone. It is simply unac- seen all talk and no action on the part I thank my colleague from New Jersey ceptable and unconscionable that of the Japanese Government. Japan (Mr. SMITH); and, of course, Chairman today Japan still has no mechanism to has never issued and enforced a legal equitably issue and enforce a return or BERMAN. decision to return a single American Mr. Speaker, the United States and visitation order for children. It is intol- child. The circumstances of each par- erable that the lawless and damaging Japan have a strong and critical alli- ticular abduction seem not to matter. ance. It is based on shared interests act of child abduction goes unpunished Once in Japan, the abducting parent is in a civilized nation. When an Amer- and values and our common support for untouchable and the children are bereft political and economic freedoms, ican parent who has taken every legal of their American parent for the rest of precaution to ensure their child is not human rights, and international law. their childhood. France, Canada, Italy, abducted realizes that his or her child Japan, for example, is second to none New Zealand, Spain, and the United has disappeared, their heart breaks and in supporting President Barack Kingdom have all repeatedly asked a lifetime of waiting and pleading for Obama’s vision of a ‘‘world without nu- Japan to work with them on returning action by both the U.S. and the Japa- clear weapons,’’ and advocating for nu- their abducted children. Japan’s inac- nese Government begins. clear disarmament and nonprolifera- Patrick Braden is one such father. tion on the issue is a thorn in the side tion. Japan has also recently doubled Mr. Braden took every possible legal of their relations with the entire inter- its civilian aid to Afghanistan, helping precaution to protect his daughter national community. in our mission there to a great and im- Japan’s current inaction violates its from abduction and to maintain his portant extent. duties under the International Cov- presence in her life as her father. How- But, Mr. Speaker, this resolution in- ever, in 2006, Mr. Braden’s infant enant on Civil and Political Rights Ar- volves 214 cases involving more than daughter, Melissa, was abducted from ticle 23, completely and unjustly ignor- 300 American children who have been her home by her mother, in violation of ing the equal rights of one parent. H. abducted to Japan and/or wrongfully a Los Angeles Superior Court order Res. 1326 calls upon Japan to imme- retained in Japan since 1994. These giving both parents access to the child diately and urgently establish a proc- American children are in Japan be- and prohibiting international travel ess for the resolution of abduction and cause they were kidnapped by a parent with the child by either parent. Mr. wrongful retention of American chil- with Japanese citizenship. Despite a Braden has been unjustly cut off from dren. Japan must find the will to estab- shared concern within the inter- his daughter by the covert illegal ac- lish today a process that would justly national community, the Japanese tions of the mom and daily worries and equitably end the cruel separation Government has yet to accede to the that his daughter is being abused by a currently endured by parents and chil- 1980 Hague Convention on the Civil As- grandparent who has a history of such dren alike. pects of International Child Abduction abuse. H. Res. 1326 also calls on Japan to or create any other mechanism to re- Likewise, Sergeant Michael Elias join the Hague Convention on the Civil solve international child abductions. hopes and waits and pleads with two Aspects of International Child Abduc- Japan’s existing family law system, governments, the U.S. Government and tion. The Convention sets out the which dates back to the 1600s, neither the Japanese Government, because we international norms for resolution of recognizes joint custody nor actively haven’t done enough to work out some abduction and wrongful retention cases enforces parental access agreements way of reuniting his family. While sta- and would create a framework to that have been adjudicated by United tioned in Japan, he met the woman quickly resolve future cases—and States courts. Essentially, American who would become his wife. She came would act as a deterrent to parents parents must beg to see their abducted to the United States and they were who now feel that they can abduct children and have no legal recourse if married in New Jersey in 2005. Jade their child to Japan and never be the taking parent decides to deny them was born in 2006 and Michael in 2007. caught. In light of the misuse of Japa- access. That’s wrong. In no case has Sadly, his wife started an affair while nese consulates in the Elias case, H. the Japanese Government facilitated Michael was on active duty in Iraq. Res. 1326 also calls on Japan to ensure the return to a parent outside their Their marriage came to an end in that its consulates are not accessories country. 2008, with a judge granting both par- to parental kidnapping. Japan must So the intent of this resolution is to ents custody and requiring the sur- put into place a system that stops the bring the plight of these parents to the render of the children’s American and issuing or reissuing of passports with- forefront of the public consciousness. It Japanese passports because their moth- out the explicit and verifiable consent calls on the Japanese Government to er had threatened to abduct the chil- of the American parent. ratify the 1980 Hague Convention on dren. Tragically, the Japanese con- Finally, Japan must recognize the the Civil Aspects of International Child sulate reissued Japanese passports for terrible damage to children and fami- Abduction so that Japan will commit the children in violation of the valid lies caused by international child ab- to a process that will return abducted U.S. court orders restricting travel and duction. Children who have suffered an children to their custodial parent in in violation of U.S. federal criminal pa- abduction are at risk of serious emo- the United States and elsewhere, where rental kidnapping statutes. Sergeant tional and psychological problems and appropriate, or otherwise immediately Elias has not seen his children since have been found to experience anxiety, at least allow access to their non-Japa- 2008. And the Japanese Government has eating problems, nightmares, mood nese parent. done nothing to assist in their return swings, sleep disturbances, aggressive The Japanese Government doesn’t or in the return of Patrick Braden’s behavior, resentment, guilt, and fear- consider it a crime and will not pros- daughter. fulness, and as adults may struggle ecute a Japanese citizen that abducts a

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.177 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7046 CONGRESSIONAL RECORD — HOUSE September 28, 2010 child and moves the child across na- Japanese maternal grandmother and is I particularly thank the parents who tional borders, which essentially denied access by her father. So her fa- have committed themselves, devoted makes Japan complicit in what many ther is living and wants to be with his themselves to reuniting with their foreign governments consider to be a child. The mother is deceased, and he children. Who would not do that? That crime, including the United States can’t even see the child because of the is why this resolution is so important. Government, which considers it kid- protection provided by the Japanese I trust that it will be passed unani- napping. Government. mously. There is the case of Isaac and Re- b 1540 Mr. SMITH of New Jersey. I yield becca Savoie. This was mentioned by myself 2 minutes. Japan does, however, prosecute cases Mr. SMITH. They were abducted just Mr. Speaker, after all of the publicity of foreign nationals who remove Japa- last year by their mother in violation surrounding David Goldman, several nese children from Japan, which vio- of a Tennessee State court order. You people, including Patrick Braden, lates any basic sense of fairness. So shouldn’t be messing with Tennessee walked into my office and said that they apply a different law if somebody State courts. In violation of a Ten- they had been totally frustrated not abducts a child from Japan than they nessee State court order of joint cus- just by the Japanese Government but, apply if somebody abducts a child from tody and Tennessee statutes, they were to some extent, by our own. the United States or from another for- taken to Japan. Both children have We need the tools at the State De- eign country and brings the child to been denied any communication by and partment, at the Office of Children’s Japan, where they have haven from the access to their father. So the mother is Issues, to more effectively promote the law. It is infuriating to learn, frankly, holding them in Japan, and the father interests of American parents and of that Japanese officials have issued cannot have access to either child even American abducted children. I’ve intro- travel documents and passports to though the court has ordered it. duced legislation, and my good friend these abductors in defiance of pre- There is one other case. Again, this is JIM MORAN is one of the cosponsors. It viously established U.S. custody or- typical of so many other cases—more is legislation which would comprehen- ders. In some cases, they have given than 100. Lastly, the Eliases—one child sively give the Administration real false names to the children being kid- aged 4, the other aged 2. They were ab- tools to make this a government-to- napped to Japan, issuing false pass- ducted just about a year and a half ago, government fight rather than a David ports so that they are directly in December of 2008, from New Jersey. versus Goliath fight, where it is one in- complicit in these abductions. It was in violation of another court dividual fighting a court system and a Now, there are numerous heart- order prohibiting the removal of the government in a faraway land. breaking abduction stories, and I am children from the State of New Jersey. Paul Toland walked into my office, just going to mention a few because Yet they were taken out of the coun- who is JIM MORAN’S constituent—he Mr. SMITH went into several. try. The children’s father tries des- walked into his office as well—and we One case, though, in particular, perately to have contact with his chil- have both been trying to help him. which I want to underscore involves a dren, but he is forbidden to have that Here is a man who served honorably as case from my district in Virginia, contact. This father needs to be men- a commander in the United States which is right across the river from the tioned specifically. Navy; and for over 6 years, close to 7 Nation’s Capital. It involves a Japa- Here is an Iraqi war veteran. He was years, he has not seen his daughter. As nese mother who, for fear of what shot twice in the service of our coun- my good friend and colleague pointed might happen to her child, has to re- try. He was dragged from a vehicle that out, the grandmother has custody. Just quest that her name not be used. Her had been destroyed by a mine, and he like David Goldman, his wife had husband, who is not Japanese, fled to returned home only to find an empty passed away, the man whose son was Japan because he is a lawyer, and he home and his children abducted. Right abducted to Brazil, and somebody else knew that he would find safe haven now, without this resolution’s achiev- had custody of his child. Paul Toland’s from Virginia court orders in violation ing its objective, he will have very lit- case is similar. of U.S. law. So, here, he kidnapped a tle hope in ever seeing or hearing from Patrick Braden invited me down to child from a Japanese mother, knowing his children again. the Japanese Embassy. I have to tell that he could take the child to Japan So, as tragic as these cases are, more you, as a father of four, I was moved to and that he would find haven there are developing as we speak. According tears when a group of left-behind par- from any prosecution under U.S. laws to this year’s statistics provided by the ents and people concerned about left- and not even have to allow access of U.S. Embassy in Japan, the number of behind parents and abducted children the child to the mother. cases of parental child abduction to gathered in front of the Japanese Em- It gets even worse. Japan has doubled in the past 2 years bassy. Despite having no contact with her and has more than quadrupled in the So what did Patrick do? children, this woman has to continue past 4 years. The problem of abduction In a very dignified and very respect- to pay child support, and the address isn’t going away. It’s only getting ful way, he requested that he at least on the payment statement is the only worse. These children who have been get to see his child. It was her birthday connection she has with her children. abducted to Japan have not only lost that day. There was a birthday cake to That is wrong. their previous precious connections Melissa, who was halfway around the Mr. SMITH mentioned the Braden with their parents, but they have been world. We all sang Happy Birthday, and case. Melissa Braden was secretly ab- deprived of their full heritage, their he blew out the candles. He was miss- ducted from her home in 2006 by her families and culture. ing her again for another year. It goes mother and brought to Japan in viola- American parents are calling on the on and on. tion of previous Los Angeles Superior U.S. Government to urgently intervene This has to be resolved, Mr. Speaker. Court orders, which gave both parents and to quickly find a diplomatic solu- We need our President, our Secretary access to the child and prohibited tion. They have no other voice in this of State and the Congress to get behind international travel with the child by convoluted process. That’s what we are these left-behind parents and to get be- either parent. Yet the mother was able asking for. These parents are not going hind bringing back our abducted chil- to take the child from the father in to give up. dren. If there is a custody issue, resolve violation of court orders, and she is I want to thank Chairman BERMAN it in the courts of habitual residence. protected by the Japanese Govern- and particularly two of his staff mem- ment. bers, JJ Ong and Jessica Lee, for their b 1550 There is the case of Erika Toland, tireless efforts; Mr. SMITH and his staff; That’s where those custody issues who was abducted in 2003 from Negishi and my own staff—Tim Aiken, legisla- need to be fought out, not in a land United States Navy Family housing in tive director; Yasmine Taeb; and Shai like Japan where abduction is treated Yokohama to Tokyo, Japan, by her Tamari. They have worked diligently with kid gloves and actually embraced. now-deceased mother. So the mother is with these parents. I thank them for I said previously, ‘‘with indifference.’’ deceased, but she is being held by her their efforts. Sometimes I wonder if it’s indifference

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.114 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7047 in the way the Japanese Government On April 5, I cosigned a letter to Japan’s partment on this issue. I would appreciate deals with this. They are a safe harbor Foreign Minister, a letter authored by our your kind understanding and your support for child abductors, and that brings towards our continued efforts. Committee’s distinguished Chairman, Mr. BER- Identical letters will be sent to each mem- dishonor to the government, in my MAN, requesting that the Government of Japan ber signatory of your April 5, 2010 letter. opinion. provide us a status report on its actions in this Sincerely, Mr. MORAN of Virginia. Will the matter. Then, on May 12, I chose to cospon- ICHIRO FUJISAKI, gentleman yield? sor H. Res. 1326. Ambassador Extraor- Mr. SMITH of New Jersey. I yield to My intention was—by cosigning the Chair- dinary and Pleni- the gentleman. man’s letter and co-sponsoring this resolu- potentiary of Japan Mr. MORAN of Virginia. I appreciate tion—to provide additional incentive to the to the United States your mentioning Mr. Toland. He, for 2 of America. Government of Japan to work with our govern- ‘‘We understand that your government es- years, has worked with our office day ment in trying to find ways to bring U.S. par- tablished a new Office of Child Custody with- in and day out. He will not give up on ents together with their children in Japan. in the Foreign Ministry. We would like to his child, but he has made it clear we I am pleased to inform you that in the past learn more about the new office, including now are his only hope and that of more four months—thanks in large part to the lead- who and how many staff are dedicated to than 100 parents who are desperate to ership and dedication of my colleagues and this office; the mission of the office and du- see their children. They have been de- friends, Mr. MORAN and Mr. SMITH—significant ties of its staff; and how this new office in- nied. Thank you for particularly men- progress has been made. In that time, the tends to address the systemic challenges and tioning Mr. Toland. resolve existing cases of international paren- Government of Japan has taken serious steps tal child abduction.’’ The SPEAKER pro tempore. The to address this matter and to lay the ground- The Ministry of Foreign Affairs established time of the gentleman has expired. work for an ongoing process, in close co- the Division for Issues related to Child Cus- Mr. SMITH of New Jersey. I yield operation with the Government of the United tody in December 2009. The Division is to su- myself the balance of my time to con- States. pervise various efforts regarding child cus- clude. On August 11, I received a copy of Japan’s tody issues within the Ministry of Foreign I want to thank my friend for his response to our letter. The response makes it Affairs. The Division was established within the leadership on this. This is a bipartisan clear that a great deal more remains to be issue. This is a human rights issue of Foreign Policy Bureau, which is the head bu- done by both of our governments, but the re- reau in the Ministry. The Senior Foreign American parents and of American sponse also shows Japan has certainly taken Policy Coordinator is assigned to be the Di- children. We rightfully speak out on some significant first steps. vision’s director. Ten staff, including offi- human rights abuses in China and I seek unanimous consent to submit for the cials of the related divisions, are assigned to Darfur and all over the world wherever RECORD a copy of Japan’s response describ- the Division and a full time staff was added and whenever they occur. This is a ing those steps. The letter is detailed and spe- in May 2010 to strengthen its function. The Division is closely working with re- human rights abuse that’s occurring cific. It reflects a willingness by the Govern- against our own families, and our gov- lated divisions on major issues related to ment of Japan first to reorganize itself to deal international child custody. For example, ernment—and this goes through suc- more effectively with this matter and, even the Division is coordinating following en- cessive administrations, Republican more importantly, a clear readiness to take deavors in the Ministry of Foreign Affairs; and Democrat—does not do enough. concrete actions to prevent future cases considering the possibility of joining the You know, I don’t know how many where parents are unable to be with their chil- Convention; informing Japanese nationals you have ever seen that Seinfeld epi- dren. residing in foreign countries of local laws sode with the Penske file which gets For these reasons, it is very clear that the and regulations; and considering possible measures to facilitate consular visits and moved around from left to right and Government of Japan is taking seriously the George doesn’t do anything of, really, child visitations, etc. Also, the Division is expressions of concern from Members of this working on facilitating discussions with re- substance with it. We have very good body, and I believe those efforts should be lated ministries like the Ministry of Justice, people at the State Department who recognized. timely explaining developments on inter- have these files in hand that would EMBASSY OF JAPAN, national child custody issues to Diet mem- love to do more but they lack the Washington, DC. bers and liaising with media, etc. The Divi- tools. They lack the ability authorized Hon. ENI F.H. FALEOMAVAEGA, sion is also promoting public awareness on by this Congress and by law to take it House of Representatives, this issue in Japan, and as a part of its exer- to the next level. Washington, DC. cise, it is cooperating with the Japan Fed- This is a government-to-government DEAR CHAIRMAN FALEOMAVAEGA: I am send- eration of Bar Associations to hold a sympo- ing this letter under the instruction of Min- sium on the Convention. fight. Had it not been for the Congress ister for Foreign Affairs of Japan in response Besides the consideration process of the rallying around David Goldman, Sean to your letter dated April 5th, 2010. Hague Convention, existing cases of cross- Goldman would still be in Brazil today The child custody issues are complex and border removal of children have to be ad- because there would have been another each parent may claim his/her own assertion. dressed, including visitation issues. As a part appeal in the court and another appeal. The Government of Japan is making sincere of such an effort, we established a US-Japan They run out the clock and then the efforts to deal with this issue, from the consultative group and started the discus- child is an adult. That’s what is hap- standpoint that the welfare of the child sion. should be of utmost importance. We are well Under the current Japanese legal system, pening to all 2,800 American abducted aware of and sympathetic to the plight of the Japanese government does not have the children. The abductors are playing a children and families who have been affected authority to order or instruct a parent who game, a very dangerous game; and in by unfortunate child custody disputes in- is alleged to have taken away a child to per- Japan, as Mr. MORAN and I know so volving Japanese and American citizens. mit his or her child to meet with the child’s well, nobody comes back. The officials at the political level in the other parent, or U.S. consular officers. Mean- Our government has to get serious. Ministry of Foreign Affairs are in close con- while, regardless of their nationalities, under This resolution puts all of us on record tact with their counterparts in the Ministry Japanese law, parents who claim their chil- and says we mean business. This is of Justice to address this issue. As for the dren were taken improperly may seek re- dress—including possibly gaining custody of only the first step. Hague Convention, which you also raised in your letter, the Government of Japan is seri- their children and their children’s return or Mr. FALEOMAVAEGA. Mr. Speaker, I rise ously considering the possibility of joining asserting other rights regarding their chil- today to express my support and sympathy for the Convention, and we are accelerating our dren, like visitations—by availing them- U.S. parents who are not able to see their consideration process, which was initiated selves of established judicial proceedings children, when those children are in the cus- by Prime Minister Hatoyama. Aside from the (conciliation/determination) based on the tody of other family members in another coun- Convention, we are also discussing possible Domestic Relations Procedure Act. In in- try. I am committed to doing everything I can ways for the consular officers of the U.S. in stances where a party violates an agreement to help these parents be reunited with their Japan and parents who claim that their chil- relating to custody or visitation obtained through such proceedings, or does not com- children. However, I believe strongly that if we dren were taken to Japan to have better ac- cess to their children. ply with orders issued in such proceedings adopt H. Res. 1326 today, we will undermine Please find attached an information sheet which relate to custody, visitation, etc., the the progress that has been made by our Gov- that responds to other points referred in aggrieved party may request the family ernment and the Government of Japan on this your letter. The Ministry will continue to courts to recommend the other parties to extremely important matter. have close consultation with the State De- fulfill their obligations. Also, although there

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.180 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7048 CONGRESSIONAL RECORD — HOUSE September 28, 2010 are some restrictions from the viewpoint of freedom of religion and association as Greek metal objects within the wall, the Church of the child’s best interest, the parties may re- Cypriots in the occupied areas are unable to the Holy Virgin in the site of Trachonas was quest the family court to force direct com- worship freely due to the restricted access to used as a dancing school until the Turkish pliance or order compulsory payment to en- religious sites and continued destruction of occupiers built a road that destroyed part of force an order on return of child, and request the property of the Church of Cyprus; it in March 2010, the Church of the Templars the court to order compulsory payment to Whereas according to the United Nations- was converted into a night club, and the enforce court order on visitation, depending brokered Vienna III Agreement of August 2, Church of Panagia Trapeza in Acheritou vil- on the facts of each case. There have been 1975, ‘‘Greek-Cypriots in the north of the is- lage was used as a sheep stall before it was many cases where return of children and vis- land are free to stay and they will be given recently destroyed by looters removing itation were successfully implemented under every help to lead a normal life, including fa- metal objects from medieval graves within the current system. cilities for education and for the practice of the church; In addition, there have been cases where their religion . . .’’; Whereas the Republic of Cyprus discovered US embassy or consular officials were unable Whereas according to the Secretary Gen- iron-inscribed crosses stolen from Greek to resolve child custody matters but sought eral’s Report on the United Nations Oper- cemeteries in the north in trucks owned by and received assistance from Ministry of ation in Cyprus in June 1996, the Greek Cyp- a Turkish-Cypriot firm that intended to send Foreign Affairs of Japan (MOFA). In these riots and Maronites living in the northern them to India to be recycled; instances, MOFA officials made diligent and part of the island ‘‘were subjected to severe Whereas United States art dealer Peggy even intensive efforts to convey the US gov- restrictions and limitations in many basic Goldberg was found culpable for illegally ernment’s request to the Japanese parents in freedoms, which had the effect of ensuring marketing 6th century mosaics from the question and/or their lawyers through all ap- that inexorably, with the passage of time, Panagia Kanakaria church because the judge propriate measures, including making tele- the communities would cease to exist.’’; found that a ‘‘thief obtains no title or right phone calls and sending letters. Because par- Whereas the very future and existence of of possession of stolen items’’ and therefore ents, children and their families usually historic Greek Cypriot, Maronite, and Arme- ‘‘a thief cannot pass any right of ownership have very complicated feelings in such mat- nian communities are now in grave danger of . . . to subsequent purchasers.’’; ters, the Ministry’s contacts are often re- extinction; Whereas the extent of the illicit trade of jected at first. However, the MOFA officials Whereas the Abbot of the Monastery of the religious artifacts from the churches in the make repeated efforts to contact them and Apostle Barnabas is routinely denied permis- Turkish occupied areas of northern Cyprus to hold sincere talks with them. sion to hold services or reside in the mon- by Turkish black market dealer Aydin In the US-Japan consultative group, we astery of the founder of the Church of Cyprus Dikmen was exposed following a search of would like to exchange information about and the Bishop of Karpass has been refused his property by the Bavarian central depart- the current situation regarding consular vis- permission to perform the Easter Service for ment of crime which confiscated Byzantine its and child visitations and discuss effective the few enclaved people in his occupied dio- mosaics, frescoes, and icons valued at over and appropriate means and methods and cese; Ö30 million; points to be improved with regard to these Whereas there are only two priests serving Whereas a report prepared by the Law Li- systems. the religious needs of the enclaved in the brary of Congress on the ‘‘Destruction of Karpas peninsula, Armenians are not allowed Cultural Property in the Northern Part of Mr. SMITH of New Jersey. I yield access to any of their religious sites or in- Cyprus and Violations of International Law’’ back the balance of my time. come generating property, and Maronites are for the U.S. Helsinki Commission details Mr. TANNER. I yield back the bal- unable to celebrate the mass daily in many what obligations the Government of Turkey ance of my time, Mr. Speaker. churches; has as the occupying power in northern Cy- The SPEAKER pro tempore. The Whereas in the past Muslim Alevis were prus for the destruction of religious and cul- question is on the motion offered by forced out of their place of prayer and until tural property there under international law; recently were denied the right to build a new Whereas the Hague Convention of 1954 for the gentleman from California (Mr. place of worship; the Protection of Cultural Property During BERMAN) that the House suspend the Whereas under the Turkish occupation of Armed Conflict, of which Turkey is a party, rules and agree to the resolution, H. northern Cyprus, religious sites have been states in article 4(3) that the occupying Res. 1326, as amended. systematically destroyed and a large number power undertakes to ‘‘Prohibit, prevent and, The question was taken. of religious and archaeological objects ille- if necessary, put a stop to any form of theft, The SPEAKER pro tempore. In the gally looted, exported, and subsequently sold pillage or misappropriation of any acts of opinion of the Chair, two-thirds being or traded in international art markets, in- vandalism directed against cultural prop- cluding an estimated 16,000 icons, mosaics, erty’’; in the affirmative, the ayes have it. and mural decorations stripped from most of Whereas according to the 1970 United Na- Mr. MORAN of Virginia. Mr. Speak- the churches, and 60,000 archaeological items tions Educational, Scientific and Cultural er, on that I demand the yeas and nays. dating from the 6th to 20th centuries; Organization (UNESCO) Convention on the The yeas and nays were ordered. Whereas at a hearing held on July 21, 2009, Means of Prohibiting and Preventing the Il- The SPEAKER pro tempore. Pursu- entitled ‘‘Cyprus’ Religious Cultural Herit- licit Import, Export and Transfer of Owner- ant to clause 8 of rule XX and the age in Peril’’ by the U.S. Helsinki Commis- ship which has been ratified by Cyprus and Chair’s prior announcement, further sion, Michael Jansen provided testimony de- Turkey, parties are required to take steps to proceedings on this motion will be tailing first-hand accounts of Turkish sol- prevent illicit traffic through the adoption diers throwing icons from looted churches of legal and administrative measures and the postponed. onto burning pyres during the Turkish inva- adoption of an export certificate for any cul- f sion and provided testimonies of how church- tural object that is exported, and ‘‘illicit’’ CALLING ON TURKISH-OCCUPIED es were left open to both looters and vandals refers to any export or transfer of ownership with nothing done to secure the religious of cultural property under compulsion that CYPRUS TO PROTECT RELIGIOUS sites by the Turkish forces occupying north- arises from the occupation of a country by a ARTIFACTS ern Cyprus; foreign power; Mr. TANNER. Mr. Speaker, I move to Whereas Dr. Charalampos G. Whereas according to the European Court suspend the rules and agree to the reso- Chotzakakoglou also provided testimony to of Human Rights in its judgment in the case lution (H. Res. 1631) calling for the pro- the U.S. Helsinki Commission that around of Cyprus v. Turkey of May 10, 2001, Turkey 500 churches, monasteries, cemeteries, and was responsible for continuing human rights tection of religious sites and artifacts other religious sites have been desecrated, abuses under the European Convention on from and in Turkish-occupied areas of pillaged, looted, and destroyed, including Human Rights throughout its 27-year mili- northern Cyprus as well as for general one Jewish cemetery; tary occupation of northern Cyprus, includ- respect for religious freedom. Whereas 80 Christian churches have been ing restricting freedom of movement for The Clerk read the title of the resolu- converted into mosques, 28 are being used by Greek Cypriots and limiting access to their tion. the Turkish army as stores and barracks, 6 places of worship and participation in other The text of the resolution is as fol- have been turned into museums, and many aspects of religious life; lows: others are used for other nonreligious pur- Whereas the European Court further ruled poses such as coffee shops, hotels, public that Turkey’s responsibility covers the acts H. RES. 1631 baths, nightclubs, stables, cultural centers, of soldiers and subordinate local administra- Whereas the Government of Turkey in- theaters, barns, workshops, and one is even tors because the occupying Turkish forces vaded the northern area of the Republic of used as a mortuary; have effective control of the northern part of Cyprus on July 20, 1974, and the Turkish Whereas expert reports indicate that since the Republic of Cyprus; military continues to illegally occupy the 2004 several churches have been leveled, such Whereas in March 2008, President territory to this day; as St. Catherine Church in Gerani which was Christofias and former Turkish Cypriot lead- Whereas the Church of Cyprus has filed an bulldozed in mid-2008, the northern wall of er Talat agreed to the setting up of a ‘‘Tech- application against Turkey with the Euro- the Chapel of St. Euphemianos in Lysi which nical Committee on Cultural Heritage’’ with pean Court of Human Rights for violations of was destroyed by looters as they removed all a mandate to engage in ‘‘serious work’’ to

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.064 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE