[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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