[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.

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