Congressional Record—House H7043
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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.