[Congressional Record Volume 147, Number 33 (Tuesday, March 13, 2001)]
[House]
[Pages H848-H851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GUAM WAR CLAIMS REVIEW COMMISSION ACT
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 308) to establish the Guam War Claims Review Commission, as
amended.
The Clerk read as follows:
H.R. 308
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'' (in this Act referred to as the ``Commission'').
(b) Members.--The Commission shall be composed of five
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.--Notwithstanding section 3, 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. EMPLOYEES.
The Commission may appoint an executive director and other
employees as it may require. The executive director and other
employees of the Commission may be appointed without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service. Section 3161 of
title 5, United States Code, shall apply to the executive
director and other employees of the Commission.
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;
(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 as compared with awards made to other similarly affected
United States citizens or nationals in territory occupied by
the Imperial Japanese military forces during World War II;
(5) advise on any additional compensation that may be
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.
(a) Authority of Chairman.--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.
(b) Hearings and Sessions.--For the purpose of carrying out
its duties under section 5, the Commission may hold hearings,
sit and act at times and places, take testimony, and receive
evidence as the Commission considers appropriate. The
Commission may administer oaths or affirmations to witnesses
appearing before it.
(c) Experts and Consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title
[[Page H849]]
5, United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of
basic pay for GS-15 of the General Schedule. The services of
an expert or consultant may be procured without compensation
if the expert or consultant agrees to such an arrangement, in
writing, in advance.
(d) Support of Federal Agencies.--Upon request of the
Commission, the head of any Federal department or agency may
provide support to the Commission to assist it in carrying
out its duties under section 5.
SEC. 7. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submission of
its report under section 5(6).
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
Utah (Mr. Hansen) and the gentleman from Guam (Mr. Underwood) each will
control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 308, the Guam War Restitution Act. This act
will establish a temporary commission to review an important matter
that has been unresolved since World War II.
Just 4 hours after the Japanese attack on Pearl Harbor located in the
territory of Hawaii, Japan invaded the American territory of Guam. The
invasion and occupation caused immense suffering to the U.S. citizens
and nationals living in Guam because of their intense loyalty to the
United States. We cannot forget the sacrifices these men, women, and
children made to keep our Nation and people free.
Although there was an intention to provide restitution to U.S.
nationals of Guam, like other U.S. citizens, for loss of lives and
property due to the war, postwar restitution acts by Congress
mistakenly excluded them. Mr. Speaker, H.R. 308 would begin to correct
this oversight by creating a temporary Federal commission that would
determine the right amount to compensate the people of Guam for their
deaths, permanent injury, forced labor, forced marches, and internment
during World War II. This commission will last no more than 10 months
and cost no more than half a million dollars.
Last year, the House unanimously passed the Guam War Restitution Act,
and I ask my colleagues to again vote in favor of this good piece of
legislation.
Mr. Speaker, I reserve the balance of my time.
(Mr. UNDERWOOD asked and was given permission to revise and extend
his remarks.)
Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, on January 30, 2001, I reintroduced H.R. 308, the Guam
War Claims Review Commission Act. This bill is virtually identical to
H.R. 755, which passed the House on September 12, 2000. Unfortunately,
the Senate was unable to act on the bill before sine die adjournment of
the 106th Congress.
Today marks a momentous occasion for the people of Guam. The early
consideration and passage of H.R. 308 is a significant step toward the
healing of the people who experienced the brutalities of enemy
occupation during World War II, and for that I also would like to
express my personal gratitude to the gentleman from Utah (Mr. Hansen),
the chairman of the committee, and the gentleman from West Virginia
(Mr. Rahall) for their consideration and speedy action on this
particular piece of legislation.
Legislation regarding Guam war restitution has been introduced by
every Guam delegate to Congress beginning with Guam's first delegate,
Antonio Won Pat, and including my predecessor, General Ben Blaz. Mr.
Speaker, H.R. 308 is a careful compromise that incorporates many
congressional and Department of Interior recommendations that have been
made over the years during which this issue has been considered. The
measure before us today creates a process by establishing a Federal
commission to review relevant historical facts and circumstances
surrounding the war claims of Guamanians who suffered as a result of
the Japanese occupation of the island during World War II. This process
will determine eligible claimants, eligibility requirements, and the
total amount necessary for compensation for the people of Guam who
experienced death, personal injury, forced labor, forced march, and
internment.
Today, I come before this distinguished body of individuals who
represent a great Nation and a great people to tell a little story
about their fellow Americans from across the Pacific who endured the
atrocities of war to keep the spirit of America alive. I will once
again tell of the experiences of the people of Guam during World War II
and the many efforts to bring closure to this horrible chapter in their
lives. I will tell this story in hopes that inside knowledge and
understanding will be gained and the process to restore equity will
move forward, and that the people of Guam, the World War II generation
of the people of Guam, will be finally made whole.
Pursuant to the Treaty of Paris in 1898, which ended the war between
Spain and the United States, the United States acquired sovereignty
over Guam and Guam has remained an American territory since that time.
On December 8, 1941, Japanese armed forces invaded Guam and seized
control of the island from the United States.
From this moment on, Guam's place in American history was tragically
etched. Guam was the only U.S. territory or possession or State with
civilians present which was occupied by enemy forces during World War
II. The island, with its population of approximately 22,000 civilians,
was subjected to death, personal injury, forced labor, forced march,
and internment by Japanese soldiers. Many were executed by firing
squads or beheadings; and the entire island was an internment camp, and
families whose lives were once consumed with farming and subsistence
living were now forced to labor for the needs of their occupiers.
But the will of the people of Guam was much stronger than the
infliction cast upon them by the Japanese military. They concealed the
presence of U.S. servicemen who remained on the island by moving them
from house to house; they composed American patriotic songs and made
makeshift American flags from tattered rags as a reminder, as a boost
to their spirits, that America would soon return. Some even organized
small militia units, often only teenaged boys to bedevil Japanese
soldiers, hoping to ease the path for the return of U.S. military
forces.
On July 21, 1944, American forces liberated Guam. Emerging from the
hills en mass were a loyal and grateful people for the return of their
American countrymen from across the Pacific. In response to this, on
June 9, 1945, in a letter from the Honorable Strive Hansel, Acting
Secretary of the Navy, to then Speaker of the House Sam Rayburn, Mr.
Hansel transmitted proposed legislation to provide relief to the
residents of Guam through the settlement of what was called
``meritorious claims.'' On November 15, 1945, the Guam Meritorious
Claims Act authorized the Secretary of the Navy to adjudicate and
settle claims for a period of only 1 year for property damage only
occurring on Guam during the Japanese occupation. Certification of
claims in excess of $5,000 or any claims of personal injury or death
were to be forwarded to Congress.
On June 8, 1947, Navy Secretary Forrestal appointed a civilian
commission labeled the Hopkins Commission to study and make
recommendations on the Naval administration of Guam. One of their
strongest recommendations was that the war claims of the people of Guam
should be addressed, and especially claims on personal injury and
death, and that immediate steps should be taken to hasten this process.
The report also stated that while many claimants were advised that the
local Navy Claims Commission had the power to settle and make immediate
payment of claims not in excess of $5,000, that claims above that
amount must go to Washington, which, of course, resulted in absolutely
no action.
The report recommended that the Guam Meritorious Claims Act be
amended to authorize naval officials to provide immediate, on-the-spot
settlements.
{time} 1515
In response to this particular circumstance, and in fact to the
circumstance involving all American nationals and citizens who
experienced occupation, the 1948 War Claims Act
[[Page H850]]
was enacted by Congress to address all of American victims of World War
II. The War Claims Act of 1948 authorized the creation of a commission
to make inquiries and settle the claims of American citizens and
nationals and military personnel imprisoned during World War II.
Despite recommendations from the Hopkins Commission, the War Claims
Act of 1948 excluded Guam. This led to the anomaly that many people
from Guam who happened to be in the Philippines at the time were
eligible for war claims, whereas their families who remained on Guam
under enemy occupation were ineligible.
In 1950, Congress passed the Organic Act of Guam which made the
people U.S. citizens. In 1951, the United States signed a peace treaty
with Japan, which meant that no further claims by the people of Guam
could be addressed directly to the Japanese. The people of Guam were
left in this anomalous position of being unable to settle their claims
directly with Japan.
In 1962, the War Claims Act of 1948 was further amended, and again
Guam was not included. As a consequence, and despite the study and
recommendations of the Hopkins Commission, which concluded that
reparations for Guam that were provided by the Guam Meritorious Claims
Act fell short of rehabilitating the island and redressing damages
suffered by its people from the occupation of Guam, Congress still
failed to address the recommendations. Today we are left with this
situation.
For more than 2 decades, the issue has been aggressively pursued by
the leaders of Guam. On December 30, 1980, the Government of Guam
created a Guam Reparations Commission which compiled war damage claims
for death, forced labor, forced march, internment, or injury for
survivors or descendants who did not receive any reparations under the
Guam Meritorious Claims Act. On the Federal level, as I have indicated,
each of my predecessors introduced legislation to address this issue.
These combined efforts have brought us to this point today, and I am
hopeful once the work of the commission is completed, we can finally
heal this very painful memory in Guam's history.
Mr. Speaker, H.R. 308 is simple. It establishes a Federal process to
review the relevant historical facts, determine the eligible claimants,
the eligibility requirements and the total amount necessary for
compensation arising from the Japanese occupation of Guam.
Last year, the Congressional Budget Office estimated that the cost of
this would be minimal and would not affect direct spending or receipts.
Moreover, considering that the island of Guam had a very small
population during the nearly 3 years of occupation during the war and
given the available Federal and territorial records on this matter, I
anticipate that any Federal commission which is established under this
bill would be able to complete its work expeditiously and provide
Congress with the necessary recommendations to resolve this long-
standing issue in a timely and fair fashion.
Mr. Speaker, I thank the gentleman from Utah (Mr. Hansen), chairman
of the Committee on Resources, for his assistance in bringing this
matter to the floor, and the gentleman from West Virginia (Mr. Rahall),
our ranking Democrat member. It has been with their help that we have
been able to address past concerns on this issue and move a step closer
to justice in an expeditious fashion in the 107th Congress.
Mr. UNDERWOOD. Mr. Speaker, I yield such time as he may consume 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 would like to commend our good
chairman of the Committee on Resources, the gentleman from Utah (Mr.
Hansen), for his support, and our ranking member, the gentleman from
West Virginia (Mr. Rahall), for his endorsement of this important
legislation.
Mr. Speaker, as has been so eloquently stated by the gentleman from
Guam (Mr. Underwood), the commission to review reparations for the
people of Guam, who were subjected to death, forced labor, forced
marches and internment during World War II is long overdue.
Guam was the only land under the jurisdiction of the United States to
be occupied by Japanese forces during World War II. The people of Guam
could have, I suppose, Mr. Speaker, greeted Japanese military forces
with open arms and perhaps spared themselves some of the misery they
suffered during 3 years of brutal occupation by Japanese forces, but
they did not. These native Guamanians were proud Americans since the
annexation of Guam by America in 1898 after the Spanish-American War.
In response to their loyalty, 56 years after the Secretary of the
Navy was authorized to adjudicate these claims, we are still debating
whether we should establish a commission to study whether the people of
Guam who suffered during this occupation should receive reparations.
Mr. Speaker, it has been 56 years. Even the Department of the Navy
supported reparations decades ago. Direct action on the part of this
Congress is long, long overdue. This legislation has been introduced in
every Congress since Guam has had a delegate in the U.S. House of
Representatives to address the war, the subject of the World War II
atrocities committed by Japanese soldiers against these loyal
Americans. This is my seventh term now in this Chamber. I can
personally attest that the gentleman from Guam (Mr. Underwood) has been
trying to get this issue addressed since he has been here, and our
former colleague, Mr. Ben Blaz, did the same before him, and before Mr.
Blaz, Mr. Tony Won Pat in the 1970s.
Mr. Speaker, I support this legislation. I also feel compelled to
speak out that we should be doing more. A similar bill passed the House
late last year, and I appreciate the leadership agreeing to take up
this bill early in this Congress so the Senate will have more time to
act on it.
Mr. Speaker, the territory of Guam stands today as one of our most
important strategic centers throughout the Asian Pacific region. Our
Nation has established well over a $10 billion military presence in
Guam, a first-class Air Force base that has proved so crucial in
bombing operations during the Vietnam War, and a naval installation
that is critical to provide resources and support for our armed forces
throughout the Asian-Pacific region.
Mr. Speaker, I want to reinforce these points to my colleagues in the
House as to why this legislation is so important and why it needs the
support of this body. One, some 22,000 native Guamanians were the only
Americans living in the land area under the sovereignty of the United
States that was occupied for some 3 years by Japanese military forces
during World War II. Two, I am not going to ask why it was the policy
of our government to evacuate only U.S. citizens living in Guam, but
leave the native Guamanians, who were all U.S. nationals, subject to
the control and sovereignty of our own government, they were left to
fend for themselves for these 3 years while the Japanese occupied the
island of Guam.
Mr. Speaker, for 3 years, these United States nationals were subject
to some of the worst atrocities committed by Japanese military forces
during their occupation of Guam from 1941 to 1944.
Mr. Speaker, this is not a pleasant story to share with my colleagues
today, but we need to put ourselves in the shoes of some of the
descendents of these families who suffered so much. It is not a
pleasant story to hear when the head of one's father has been
decapitated by a Japanese soldier, or if one's mother or sister or wife
was being raped by these Japanese forces.
I only say just a fraction, from talking to some of the descendents
who are still living today, of the atrocities; and just the forced
marches. The way that these people were treated, I say it even borders
on genocide.
Mr. Speaker, I plead with my colleagues today, let this bill pass. We
owe it to these proud Americans.
Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I ask for favorable consideration of this bill. I thank
all involved.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of
H.R. 308, the Guam Claims Review Commission Act. This legislation takes
essential steps toward identifying all
[[Page H851]]
relevant facts and circumstances of the implementation and
effectiveness of the Guam Meritorious Claims Act. Everyone needs to be
fairly compensated.
From December 8, 1941, until July 21, 1944 Japanese armed forces
occupied the U.S. territory of Guam. During that period, residents of
Guam were subjected to injury, forced labor, internment, and, in some
cases, death. In 1945, Congress passed the Guam Meritorious Claims Act
(PL 79-224), which, for a period of one year, authorized the Navy to
settle claims for property damage on Guam resulting from the Japanese
occupation. Claims for property damage exceeding $5,000 and claim for
personal injury or death, however, had to be forwarded to Congress. A
report issued in 1947 by a civilian commission appointed by the
secretary found, among other things, that some claimants offered to
reduce their claim below $5,000 to expedite their claims.
H.R. 308 would establish Guam War Claims Review Commission, composed
of five uncompensated members appointed by the Interior secretary with
input from Guam's governor and House delegate. The commission would
have nine months to submit a report containing comments and
recommendations to Congress and the executive branch.
As part of that process, the commission would review all relevant
Federal and Guam territorial law, Guam and U.S. archives regarding
Federal payments for war claims in Guam; receive testimony of
individuals who personally experienced the occupations; determine
whether there was parity of war claims paid to the residents of Guam as
compared with awards made similarly affected U.S. citizens or nations
in other occupied territories; and advise whether additional
compensation may be necessary to compensate the people of Guam for
death, personal injury, forced labor, and internment.
The commission should have been created before long ago. We can,
however, take appropriate action today to ensure that claimants are
justly compensated by the United States of America. I urge my
colleagues to support H.R. 308.
Mr. UNDERWOOD. Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Gillmor). The question is on the motion
offered by the gentleman from Utah (Mr. Hansen) that the House suspend
the rules and pass the bill, H.R. 308, 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.
A motion to reconsider was laid on the table.
____________________