[Congressional Record Volume 146, Number 106 (Tuesday, September 12, 2000)]
[House]
[Pages H7414-H7416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        GUAM WAR RESTITUTION ACT

  Mr. WALDEN of Oregon. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 755) to amend the Organic Act of Guam to provide 
restitution to the people of Guam who suffered atrocities such as 
personal injury, forced labor, forced marches, internment, and death 
during the occupation of Guam in World War II, and for other purposes, 
as amended.
  The Clerk read as follows:

                                H.R. 755

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Guam War Claims Review 
     Commission Act''.

     SEC. 2. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is hereby established a 
     commission to be known as the ``Guam War Claims Review 
     Commission'' (hereinafter referred to as the ``Commission'').
       (b) Members.--The Commission shall be composed of 5 members 
     who by virtue of their background and experience are 
     particularly suited to contribute to the achievement of the 
     purposes of the Commission. The members shall be appointed by 
     the Secretary of the Interior not later than 60 days after 
     funds are made available for this Act. Two of the members 
     shall be selected as follows:
       (1) One member appointed from a list of three names 
     submitted by the Governor of Guam.
       (2) One member appointed from a list of three names 
     submitted by the Guam Delegate to the United States House of 
     Representatives.
       (c) Chairperson.--The Commission shall select a Chairman 
     from among its members. The term of office shall be for the 
     life of the Commission.
       (d) Compensation.--Members of the Commission shall not be 
     paid for their service as members, but in the performance of 
     their duties, shall receive travel expenses, including per 
     diem in lieu of subsistence, in accordance with sections 5702 
     and 5703 of title 5, United States Code.
       (e) Vacancy.--Any vacancy in the Commission shall be filled 
     in the same manner as the original appointment.

     SEC. 3. STAFF.

       The Commission may appoint and fix the pay of an executive 
     director and other staff as it may require. The executive 
     director and other staff of the Commission may be appointed 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     may be paid without regard to the provisions of chapter 51 
     and subchapter II of chapter 53 of such title, relating to 
     the classification and General Schedule pay rates, except 
     that the compensation of any employees of the Commission may 
     not exceed a rate equivalent to the minimum rate of basic pay 
     payable for GS-15 of the General Schedule under section 
     5332(a) of such title.

     SEC. 4. ADMINISTRATIVE.

       The Secretary of the Interior shall provide the Commission, 
     on a reimbursable basis, such administrative support services 
     as the Commission may request.

     SEC. 5. DUTIES OF COMMISSION.

       The Commission shall--
       (1) review the facts and circumstances surrounding the 
     implementation and administration of the Guam Meritorious 
     Claims Act and the effectiveness of such Act in addressing 
     the war claims of American nationals residing on Guam between 
     December 8, 1941, and July 21, 1944;

[[Page H7415]]

       (2) review all relevant Federal and Guam territorial laws, 
     records of oral testimony previously taken, and documents in 
     Guam and the Archives of the Federal Government regarding 
     Federal payments of war claims in Guam;
       (3) receive oral testimony of persons who personally 
     experienced the taking and occupation of Guam by Japanese 
     military forces, noting especially the effects of infliction 
     of death, personal injury, forced labor, forced march, and 
     internment;
       (4) determine whether there was parity of war claims paid 
     to the residents of Guam under the Guam Meritorious Claims 
     Act with war claims paid to United States citizens or 
     nationals who lived in or had holdings in foreign countries 
     and other possessions of the United States occupied by the 
     Japanese during World War II;
       (5) estimate the total amount necessary to compensate the 
     people of Guam for death, personal injury, forced labor, 
     forced march, and internment; and
       (6) not later than 9 months after the Commission is 
     established submit a report, including any comments or 
     recommendations for action, to the Secretary of the Interior, 
     the Committee on Resources and the Committee on the Judiciary 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources and the Committee on the Judiciary of 
     the Senate.

     SEC. 6. POWERS OF THE COMMISSION.

       Subject to general policies that the Commission may adopt, 
     the Chairman of the Commission--
       (1) shall exercise the executive and administrative powers 
     of the Commission; and
       (2) may delegate such powers to the staff of the 
     Commission.

     SEC. 7. TERMINATION OF COMMISSION.

       The Commission shall terminate 30 days after submission of 
     its report.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $500,000 to carry 
     out this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. Walden) and the gentleman from Guam (Mr. Underwood) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon (Mr. Walden).


                             General Leave

  Mr. WALDEN of Oregon. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on H.R. 755, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. WALDEN of Oregon. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 755, the Guam War 
Restitution Act.
  H.R. 755 will establish a temporary commission to review an important 
matter for the people of Guam that has been unresolved since World War 
II. An American territory, Guam, was invaded and occupied by Japan 
during the Second World War, and the U.S. nationals of Guam suffered 
immensely because of their loyalty to the United States.
  Although there was an intention to provide restitution to the people 
of Guam for loss of life and property due to the war, post-war 
restitution acts by Congress inadvertently excluded the U.S. nationals 
of Guam.
  H.R. 755 would create a temporary Federal commission lasting no more 
than 10 months and costing no more than half a million dollars. The 
commission would estimate the amount appropriate to compensate the 
people of Guam for their deaths, permanent injury, forward labor, 
forced marches, and internment during World War II.
  The administration supports H.R. 755, and I ask my colleagues to vote 
in support of this very important piece of legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. UNDERWOOD asked and was given permission to revise and extend 
his remarks.)
  Mr. UNDERWOOD. Mr. Speaker, today is a momentous occasion for the 
people of Guam. With the passage of this legislation, the Guam War 
Claims Review Commission, the people of Guam will move one step closer 
to being healed from the brutalities of enemy occupation during World 
War II.
  For nearly 3 years the people of Guam were subjected to horrendous 
acts inflicted by an enemy occupier. Many were executed by firing 
squads or beheadings. The entire island was in fact an internment camp, 
and families whose lives were once consumed with farming and 
subsistence living were now forced to labor to the needs of its 
occupiers.
  But the will of the people of Guam was much stronger than the 
infliction cast upon them by the Japanese. They concealed the presence 
of U.S. military men who remained on the island by moving them from 
house to house. They composed songs, such as ``Uncle Sam, please come 
back to Guam,'' and made makeshift American flags from tattered rags as 
a reminder that America would soon return.
  Some even organized small militia units, often only teenaged boys, to 
bedevil Japan soldiers, hoping to ease the matter for the return of 
U.S. military forces, and America did. In July of 1944, U.S. naval 
forces began the liberation of Guam. For days they bombarded the island 
to draw out the enemy, and paved the way for America's invasion. 
Marines stormed the beaches of Guam's capital, Hagatna, and the 
southern villages of Asan, Sumay, and Agat. The liberation of Guam was 
achieved on July 21, 1944.
  Soon after, the acting Secretary of the Navy, H. Strive Hensel, 
recommended to Congress that legislation be enacted to provide relief 
to the people of Guam through the settlement of meritorious claims. 
Congress responded by enacting the 1945 Guam Meritorious Claims Act, 
and authorized the Navy to adjudicate claims for property resulting 
from Japanese occupation. Claims in excess of $5,000 or for personal 
injury or death were to be forwarded to Congress for settlement.
  Several years later, there was a civilian commission appointed by the 
Secretary of the Navy, referred to as the Hopkins Commission, to study 
and make recommendations on the naval administration of Guam. The 
Commission reported that the settlements and payments for war damage 
claims on property, personal injury, and death had proceeded slowly, 
and that immediate steps should be taken to hasten this process and to 
resolve unfair and unsound distinctions in the allowance for claims.
  It was clear at this time that the Guam Meritorious Claims Act, as 
acknowledged even in 1947, was falling short of what the original 
intent was.
  The Commission went on to report that because claims exceeding $5,000 
needed to be forwarded to Congress, locals were more inclined to reduce 
their claim in order to receive financial help immediately.
  Their final recommendation was that review in Washington of claims 
between $5,000 and $10,000 did not seem to serve any useful purpose, 
and that sufficient reliance and trust should be placed with naval 
authorities in Guam to safeguard the national interests.
  Congress failed to act on the Commission's recommendation, and that 
is why we are here today. H.R. 755 establishes a Federal Commission to 
review the historical records of claims made by the people of Guam in 
the wake of World War II. The Commission will make its recommendation 
to Congress as to how we can finally resolve the issue of war claims 
for Guam.
  For more than two decades, this issue has been aggressively pursued 
by the leaders of Guam. Locally, a Commission had been established to 
establish a record of claims that merited awards.
  On the Federal level, each one of my predecessors has introduced 
legislation to address this issue. Their combind efforts have helped 
bring us to the point we are at today, the closest we have been. I am 
hopeful that once the work of the Commission is completed, we can 
finally heal this very painful memory and bring justice to the World 
War II generation in Guam.
  I want to especially thank the chairman of the Committee on 
Resources, the gentleman from Alaska (Mr. Young), for his assistance in 
bringing this matter to the floor, and our senior Democrat, the 
gentleman from California (Mr. George Miller), for his steadfast 
support and cosponsorship of this measure, as well as the chairman, the 
gentleman from Illinois (Mr. Hyde), who has been very supportive of 
this endeavor.

                              {time}  1615

  It has been with their help that we have been able to address past 
concerns on this issue and move forward legislation that brings us a 
step closer to justice.

[[Page H7416]]

  Mr. Speaker, I yield 4 minutes to the gentleman from American Samoa 
(Mr. Faleomavaega).
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, I thank the gentleman from Guam (Mr. 
Underwood), the chief sponsor and author of this legislation for 
yielding me this time.
  Mr. Speaker, as has been so eloquently stated by the gentleman from 
Guam (Mr. Underwood) and others before me, reparations to the people of 
Guam, who were subjected to death, personal injury, forced labor, 
forced march and internment during World War II is long, long overdue.
  Mr. Speaker, before the military occupation of Guam, for some reason, 
it escapes me, at least this Member, the United States Territory of 
Guam was in existence. I have always asked the question why was it that 
these loyal Americans were not evacuated, properly evacuated before the 
occupation forces of Japan took over this island. Why was it that only 
U.S. citizens were evacuated? This bugs the heck out of me, Mr. 
Speaker.
  As has been noted, Guam was the only land under the jurisdiction of 
the United States to be occupied by Japanese military forces during 
World War II. The people of Guam could have, I suppose, greeted this 
new force with open arms, and perhaps spared themselves some of the 
misery they suffered during 3 years of brutal occupation by military 
forces of the Japanese government. But these loyal Americans did not. 
They were proud Americans before the occupation, during the occupation, 
and after the occupation.
  In response to their loyalty, Mr. Speaker, 55 years later, we are 
still debating whether we should establish a commission to study 
whether the people of Guam who suffered from such atrocities during 
this occupation period should receive proper reparations.
  Mr. Speaker, it has been 55 years. Even the Navy supported 
reparations decades ago, and direct action on the part of this Congress 
is still long overdue.
  Mr. Speaker, it is my understanding that legislation has been 
introduced for how many years now. I support this legislation but still 
feel compelled to speak out that we should be doing more. This bill was 
introduced 19 months ago. Today, with 19 legislative days left in the 
Congress, we are finally getting around to passing a bill which still 
has to go to the Senate.
  Mr. Speaker, we can and we should do better than this. I urge my 
colleagues to support this bill.
  Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank the gentleman from American Samoa (Mr. 
Faleomavaega) for those very kind comments. Just on a personal note, I 
think this is a very emotional piece of legislation for the people of 
Guam in terms of my own family. My parents endured the occupation. I am 
the only member of my family that was born after World War II. I think 
the imprint of the war experience on our lives as a people and our 
lives as family members are very strong.
  This will bring a justice and sense of fairness to a long struggle 
for the people of Guam and for all of the families of Guam.
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in support of 
H.R. 755--the Guam War Claims Review Commission Act. I thank Mr. 
Underwood for his work on this substitute version of H.R. 755 which 
addresses concerns that have been raised in previous Congresses. This 
legislation has been, in one form or another, offered by every delegate 
from Guam to Congress since the people of Guam began electing delegates 
to Congress in the 1970's.
  In my years of service on the Resources Committee, I have had the 
privilege of meeting many from Guam who traveled a great distance to 
share their wartime memories of Japanese occupation. Their stories are 
compelling and regrettable. Their experiences often sounded 
unbelievable but they were very real. I recall an elder woman who came 
to testify before our Committee--Mrs. Beatrice Elmsley. She bore a scar 
along her neck. A permanent reminder of her attempted beheading at the 
hands of Japanese soldiers.
  To the American public, Guam's story is not widely well-known. The 
island's loyalty to the United States before, during, and after World 
War II has never been questioned. Our fellow citizens are proud and 
patriotic Americans and if they were not fully made whole from the 
atrocities they faced from Japanese occupation, then we should make a 
good faith effort to correct those errors.
  That we have been able to overcome concerns raised in the past over 
this legislation, while still recognizing the validity of reexamining 
war claim awards made to the people of Guam in the wake of World War 
II, is truly a milestone. We would not have reached this point if it 
weren't for the patience, diligence, and tenacity of Mr. Underwood. I 
congratulate him for his persistence and ask my colleagues to give this 
measure their full support.
  Mr. UNDERWOOD. Mr. Speaker, I yield back the balance of my time.
  Mr. WALDEN of Oregon. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Stearns). The question is on the motion 
offered by the gentleman from Oregon (Mr. Walden) that the House 
suspend the rules and pass the bill, H.R. 755, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read:

       A bill to establish the Guam War Claims Review Commission.
  A motion to reconsider was laid on the table.

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