[Congressional Record Volume 153, Number 74 (Monday, May 7, 2007)]
[House]
[Pages H4495-H4499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               GUAM WORLD WAR II LOYALTY RECOGNITION ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1595) to implement the recommendations of the Guam War 
Claims Review Commission, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1595

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Guam World 
     War II Loyalty Recognition Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Recognition of the suffering and loyalty of the residents of 
              Guam.
Sec. 3. Payments for Guam World War II claims.
Sec. 4. Adjudication.
Sec. 5. Grants program to memorialize the occupation of Guam during 
              world war II.
Sec. 6. Authorization of Appropriations.

     SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE 
                   RESIDENTS OF GUAM.

       (a) Recognition of the Suffering of the Residents of 
     Guam.--The United States recognizes that, as described by the 
     Guam War Claims Review Commission, the residents of Guam, on 
     account of their United States nationality, suffered 
     unspeakable harm as a result of the occupation of Guam by 
     Imperial Japanese military forces during World War II, by 
     being subjected to death, rape, severe personal injury, 
     personal injury, forced labor, forced march, or internment.
       (b) Recognition of the Loyalty of the Residents of Guam.--
     The United States forever will be grateful to the residents 
     of Guam for their steadfast loyalty to the United States of 
     America, as demonstrated by the countless acts of courage 
     they performed despite the threat of death or great bodily 
     harm they faced at the hands of the Imperial Japanese 
     military forces that occupied Guam during World War II.

     SEC. 3. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.

       (a) Payments for Death, Personal Injury, Forced Labor, 
     Forced March, and Internment.--Subject to section 6(a), after 
     receipt of certification pursuant to section 4(b)(8) and in 
     accordance with the provisions of this Act, the Secretary of 
     the Treasury shall make payments as follows:
       (1) Residents injured.--The Secretary shall pay compensable 
     Guam victims who are not deceased before any payments are 
     made to individuals described in paragraphs (2) and (3) as 
     follows:
       (A) If the victim has suffered an injury described in 
     subsection (c)(2)(A), $15,000.
       (B) If the victim is not described in subparagraph (A) but 
     has suffered an injury described in subsection (c)(2)(B), 
     $12,000.
       (C) If the victim is not described in subparagraph (A) or 
     (B) but has suffered an injury described in subsection 
     (c)(2)(C), $10,000.
       (2) Survivors of residents who died in war.--In the case of 
     a compensable Guam decedent, the Secretary shall pay $25,000 
     for distribution to eligible survivors of the decedent as 
     specified in subsection (b). The Secretary shall make 
     payments under this paragraph after payments are made under 
     paragraph (1) and before payments are made under paragraph 
     (3).
       (3) Survivors of deceased injured residents.--In the case 
     of a compensable Guam victim who is deceased, the Secretary 
     shall pay $7,000 for distribution to eligible survivors of 
     the victim as specified in subsection (b). The Secretary 
     shall make payments under this paragraph after payments are 
     made under paragraphs (1) and (2).
       (b) Distribution of Survivor Payments.--Payments under 
     paragraph (2) or (3) of subsection (a) to eligible survivors 
     of an individual who is a compensable Guam decedent or a 
     compensable Guam victim who is deceased shall be made as 
     follows:
       (1) If there is living a spouse of the individual, but no 
     child of the individual, all of the payment shall be made to 
     such spouse.
       (2) If there is living a spouse of the individual and one 
     or more children of the individual, one-half of the payment 
     shall be made to the spouse and the other half to the child 
     (or to the children in equal shares).
       (3) If there is no living spouse of the individual, but 
     there are one or more children of the individual alive, all 
     of the payment shall be made to such child (or to such 
     children in equal shares).
       (4) If there is no living spouse or child of the individual 
     but there is a living parent (or parents) of the individual, 
     all of the payment shall be made to the parents (or to the 
     parents in equal shares).
       (5) If there is no such living spouse, child, or parent, no 
     payment shall be made.
       (c) Definitions.--For purposes of this Act:
       (1) Compensable guam decedent.--The term ``compensable Guam 
     decedent'' means an individual determined under section 
     4(a)(1) to have been a resident of Guam who died or was 
     killed as a result of the attack and occupation of Guam by 
     Imperial Japanese military forces during World War II, or 
     incident to the liberation of Guam by United States military 
     forces, and whose death would have been compensable under the 
     Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a 
     timely claim had been filed under the terms of such Act.
       (2) Compensable guam victim.--The term ``compensable Guam 
     victim'' means an individual determined under section 4(a)(1) 
     to have suffered, as a result of the attack and occupation of 
     Guam by Imperial Japanese military forces during World War 
     II, or incident to the liberation of Guam by United States 
     military forces, any of the following:
       (A) Rape or severe personal injury (such as loss of a limb, 
     dismemberment, or paralysis).
       (B) Forced labor or a personal injury not under 
     subparagraph (A) (such as disfigurement, scarring, or burns).
       (C) Forced march, internment, or hiding to evade 
     internment.
       (3) Definitions of severe personal injuries and personal 
     injuries.--The Foreign Claims Settlement Commission shall 
     promulgate regulations to specify injuries that constitute a 
     severe personal injury or a personal injury for purposes of 
     subparagraphs (A) and (B), respectively, of paragraph (2).

     SEC. 4. ADJUDICATION.

       (a) Authority of Foreign Claims Settlement Commission.--
       (1) In general.--The Foreign Claims Settlement Commission 
     is authorized to adjudicate claims and determine eligibility 
     for payments under section 3.
       (2) Rules and regulations.--The chairman of the Foreign 
     Claims Settlement Commission shall prescribe such rules and 
     regulations as may be necessary to enable it to

[[Page H4496]]

     carry out its functions under this Act. Such rules and 
     regulations shall be published in the Federal Register.
       (b) Claims Submitted for Payments.--
       (1) Submittal of claim.--For purposes of subsection (a)(1) 
     and subject to paragraph (2), the Foreign Claims Settlement 
     Commission may not determine an individual is eligible for a 
     payment under section 3 unless the individual submits to the 
     Commission a claim in such manner and form and containing 
     such information as the Commission specifies.
       (2) Filing period for claims and notice.--All claims for a 
     payment under section 3 shall be filed within one year after 
     the Foreign Claims Settlement Commission publishes public 
     notice of the filing period in the Federal Register. The 
     Foreign Claims Settlement Commission shall provide for the 
     notice required under the previous sentence not later than 
     180 days after the date of the enactment of this Act. In 
     addition, the Commission shall cause to be publicized the 
     public notice of the deadline for filing claims in newspaper, 
     radio, and television media on Guam.
       (3) Adjudicatory decisions.--The decision of the Foreign 
     Claims Settlement Commission on each claim shall be by 
     majority vote, shall be in writing, and shall state the 
     reasons for the approval or denial of the claim. If approved, 
     the decision shall also state the amount of the payment 
     awarded and the distribution, if any, to be made of the 
     payment.
       (4) Deductions in payment.--The Foreign Claims Settlement 
     Commission shall deduct, from potential payments, amounts 
     previously paid under the Guam Meritorious Claims Act of 1945 
     (Public Law 79-224).
       (5) Interest.--No interest shall be paid on payments 
     awarded by the Foreign Claims Settlement Commission.
       (6) Remuneration prohibited.--No remuneration on account of 
     representational services rendered on behalf of any claimant 
     in connection with any claim filed with the Foreign Claims 
     Settlement Commission under this Act shall exceed one percent 
     of the total amount paid pursuant to any payment certified 
     under the provisions of this Act on account of such claim. 
     Any agreement to the contrary shall be unlawful and void. 
     Whoever demands or receives, on account of services so 
     rendered, any remuneration in excess of the maximum permitted 
     by this section shall be fined not more than $5,000 or 
     imprisoned not more than 12 months, or both.
       (7) Appeals and finality.--Objections and appeals of 
     decisions of the Foreign Claims Settlement Commission shall 
     be to the Commission, and upon rehearing, the decision in 
     each claim shall be final, and not subject to further review 
     by any court or agency.
       (8) Certifications for payment.--After a decision approving 
     a claim becomes final, the chairman of the Foreign Claims 
     Settlement Commission shall certify it to the Secretary of 
     the Treasury for authorization of a payment under section 3.
       (9) Treatment of affidavits.--For purposes of section 3 and 
     subject to paragraph (2), the Foreign Claims Settlement 
     Commission shall treat a claim that is accompanied by an 
     affidavit of an individual that attests to all of the 
     material facts required for establishing eligibility of such 
     individual for payment under such section as establishing a 
     prima facie case of the individual's eligibility for such 
     payment without the need for further documentation, except as 
     the Commission may otherwise require. Such material facts 
     shall include, with respect to a claim under paragraph (2) or 
     (3) of section 3(a), a detailed description of the injury or 
     other circumstance supporting the claim involved, including 
     the level of payment sought.
       (10) Release of related claims.--Acceptance of payment 
     under section 3 by an individual for a claim related to a 
     compensable Guam decedent or a compensable Guam victim shall 
     be in full satisfaction of all claims related to such 
     decedent or victim, respectively, arising under the Guam 
     Meritorious Claims Act of 1945 (Public Law 79-224), the 
     implementing regulations issued by the United States Navy 
     pursuant thereto, or this Act.
       (11) Penalty for false claims.--The provisions of section 
     1001 of title 18 of the United States Code (relating to 
     criminal penalties for false statements) apply to claims 
     submitted under this subsection.

     SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM 
                   DURING WORLD WAR II.

       (a) Establishment.--Subject to section 6(b) and in 
     accordance with this section, the Secretary of the Interior 
     shall establish a grants program under which the Secretary 
     shall award grants for research, educational, and media 
     activities that memorialize the events surrounding the 
     occupation of Guam during World War II, honor the loyalty of 
     the people of Guam during such occupation, or both, for 
     purposes of appropriately illuminating and interpreting the 
     causes and circumstances of such occupation and other similar 
     occupations during a war.
       (b) Eligibility.--The Secretary of the Interior may not 
     award to a person a grant under subsection (a) unless such 
     person submits an application to the Secretary for such 
     grant, in such time, manner, and form and containing such 
     information as the Secretary specifies.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) Guam World War II Claims Payments and Adjudication.--
     For purposes of carrying out sections 3 and 4, there are 
     authorized to be appropriated $126,000,000, to remain 
     available for obligation until September 30, 2012, to the 
     Foreign Claims Settlement Commission. Not more than 5 percent 
     of funds made available under this subsection shall be used 
     for administrative costs.
       (b) Guam World War II Grants Program.--For purposes of 
     carrying out section 5, there are authorized to be 
     appropriated $5,000,000, to remain available for obligation 
     until September 30, 2012.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Colorado (Mr. Lamborn) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
additional material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I rise in support of H.R. 1595, the Guam 
World War II Loyalty Recognition Act; and I thank Chairman Nick Rahall 
and Ranking Member Don Young for their leadership on this issue and 
their assistance in bringing this bill to the floor today.
  I also want to thank Majority Leader Steny Hoyer and Chairman John 
Conyers of the House Committee on the Judiciary for their support of 
this bill and for their assistance in expediting its consideration 
today.
  H.R. 1595 implements the recommendations of the Guam War Claims 
Review Commission, which was authorized by Public Law 107-333 to review 
the war claims program for Guam, which Congress provided for following 
the occupation of Guam from December 8, 1941 to July 21, 1944. The 
review commission, appointed by the Secretary of the Interior, Gale 
Norton, in September of 2003, was mandated to 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 similarly 
affected United States citizens or nationals in territory occupied by 
the Imperial Japanese military forces during World War II.
  Further, the review commission was mandated to 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. In accomplishing its task, the review commission held two 
days of hearings on Guam in December of 2003 to receive testimony from 
survivors of the occupation of Guam. The review commission also held 
hearings here in Washington, D.C. and consulted with a panel of experts 
in this field of law. The review commission completed its work and 
reported to Congress its findings and recommendations on June 9, 2004. 
The review commission found that there was a lack of parity between the 
war claims program authorized for Guam versus the programs authorized 
for all other Americans similarly affected and recommended that 
Congress remedy this injustice.
  I want to quote the first finding of the review commission's report 
for the benefit of all of my colleagues: ``The review commission finds 
that there is a moral obligation on the part of our national government 
to pay compensation for war damages in order to ensure to the extent 
possible that no single individual or group of individuals bears more 
than a just part of the overall burden of war.''

                              {time}  1445

  Today, Mr. Speaker, we consider a bill that would fulfill this moral 
obligation on the part of our National Government to a group of 
citizens, the people of Guam, most of whom were indigenous Chamorros, 
who bore the burden of a brutal occupation. The people of Guam were 
brutalized through public executions, beheadings, rape and severe 
injury, forced labor, forced march and internment in concentration 
camps.
  H.R. 1595 is called the Loyalty Recognition Act because the loyalty 
of the people of Guam to the United States during this 32-month enemy 
occupation should be honored. It is a tragic injustice of history that, 
following liberation, Congress did not provide for war

[[Page H4497]]

claims for the people of Guam in the same manner and with the same 
opportunities that were afforded to other Americans.
  The people who carried a disproportionate burden of the war were 
given less than other Americans when it came time to make our Nation 
whole, and those who gave more in blood got less in recognition. Over 
and over at the hearings on Guam, people said, ``We just want to be 
recognized. We just want to be treated with respect. We just want to 
receive the same restitution that other Americans received.''
  I want to acknowledge the excellent work of the Guam War Claims 
Review Commission chaired by Mauricio Tamargo, with Members Robert 
Lagomarsino, a former Member of Congress; Ms. Ruth Van Cleve, Director 
of the Office of Territories in the Department of Interior; former 
Chief Justice Ben Benjamin J. Cruz of the Guam Supreme Court; and 
Senator Antonio Unpingco of the Guam legislature. Their report provided 
the basis for today's bill, and their contributions are greatly 
appreciated.
  I also want to acknowledge the efforts of my predecessors to bring 
the war claims issue to the attention of Congress, beginning with our 
very first Delegate to Congress, the late Mr. Antonio B. Won Pat, 
followed by the efforts of our second Delegate to Congress, retired 
Marine Brigadier General Ben Blaz, who is here with us today on the 
floor to witness this discussion, and my immediate predecessor, 
Congressman Robert A. Underwood, whose legislation in the 107th 
Congress created the review commission. Our work today, and the 
historic progress of the Guam World War II Loyalty Recognition Act, is 
possible only because of the foundation that each of these contributed 
to this bipartisan effort.
  The issue of Guam war claims has been studied and examined by this 
body over the past 24 years. Several hearings have been held, and the 
record is replete with testimony from survivors, legal experts, 
historians and scholars. Committee staff members have played a valuable 
role in this process by ensuring the right questions were asked, that 
Members were briefed, and that the issue was thoroughly examined.
  I want to thank Jim Zoia, Staff Director of the Natural Resources 
Committee, and Tony Babauta, Staff Director of the Insular Affairs 
Subcommittee. Tony is a Chamorro from Guam, whose insights have been 
invaluable. I also acknowledge the counsels to the committee, Jeff 
Petrich, Brian Modeste, Lisa Pittman and Rich Stanton, who have worked 
very hard on this legislation.
  This afternoon, we stand on the brink of a historic moment for the 
people of Guam. I regret, Mr. Speaker, that many survivors of the 
occupation of Guam did not live to see this day, and I fear that some 
will pass away before this bill completes its legislative journey. But 
we have this moment to recall why we fight this fight, on whose behalf 
we are speaking today and why it is so vitally important to our Nation 
that we recognize the incredible sacrifices of the people of Guam 
during World War II.
  I very much doubt that any foreign power will ever again occupy 
American soil and place American citizens under subjugation. The story 
of the people of Guam will thus be a unique story, less known than the 
bombing of Pearl Harbor and other heroic stories of World War II. It is 
a story of faith in our Nation, of hope in our God and of love for our 
families.
  If I could vote, Mr. Speaker, on final passage of this bill, it would 
be my greatest honor to recognize the people of Guam by voting to pass 
this bill. But since I cannot vote as a Delegate, I offer all of my 
colleagues the honor of recognizing their fellow Americans and passing 
this bill today.
  God bless Guam. God bless the United States of America.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the majority has adequately explained the bill, and we 
have no further comment.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield 5 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 rise today in support of H.R. 1595, 
the Guam World War II Loyalty Recognition Act. I commend my good friend 
and colleague, the gentlelady from Guam, for introducing this 
legislation designed to address the lack of parity in the war claims 
paid to the residents of the people of Guam as compared to other U.S. 
citizens or nationals who were similarly affected during World War II.
  Mr. Speaker, every Guam Delegate to Congress has spoken about the 
deficiencies in making Guam whole after World War II. Our former 
colleagues Antonio Won Pat, General Ben Blaz, and former Congressman 
Robert Underwood had raised the issue throughout their service in the 
Congress.
  Through the efforts of Congressman Robert Underwood, a commission was 
established in the 107th Congress to review the historical record of 
addressing Guam's war claims. After completing its work, the Guam War 
Claims Review Commission found that a lack of parity existed in the 
case of war claims for the people of Guam.
  These were some of the key findings of the commission:
  That the U.S. has a moral obligation to pay proper compensation for 
war damages.
  That there is a lack of parity in war claims for Guam when compared 
to other war claims programs established by the U.S. Congress.
  That Guam was erroneously excluded from coverage under Title II of 
the War Claims Act.
  This legislation is vitally important because it addresses these 
long-standing inequities against the people of Guam by implementing the 
recommendations of the Guam War Claims Review Commission. It recognizes 
the sacrifices made by the people of Guam and their steadfast loyalty 
to the United States in the face of this adversity. It allows claims 
for death, personal injury, forced labor, forced marches and 
internment. It allows compensation to certain survivors of the deceased 
from the war; and it authorizes the Secretary of the Interior to award 
grants in support of activities to remember Guam's occupation.
  I strongly support this legislation.
  I submit to my colleagues, our Nation committed a grave injustice 
some 60 years ago against the people of Guam. For some unknown and 
mysterious reason, Mr. Speaker, the native Guamanians, who are U.S. 
Nationals, U.S. Nationals, meaning owing permanent allegiance to the 
United States, were not evacuated along with U.S. citizens at the time 
that they were living in Guam before the arrival of the Japanese 
forces.
  As a result, these patriotic Americans were left to fend for 
themselves, to contend with the Japanese takeover of the territory of 
Guam, and for nearly 3 years, the people of Guam were interned and were 
subjected to extreme tortures, even executions by public, beatings, 
rapes, forced labor, forced marches.
  A good example is right here in our midst, Mr. Speaker, my good 
friend and former Member of Congress representing the territory of 
Guam, retired Brigadier General Ben Blaz, at that time was a youth and 
was part of this forced evacuation. He personally witnessed some of the 
atrocities that were committed against his people by Japanese military 
forces.
  Our former colleague, Congressman Bob Underwood, also reiterated to 
our colleagues that some of his close relatives were beheaded in the 
presence of other people of Guam when this took place for some 3 years, 
some 3 years. And I can never forget the words echoed by my good 
friend, the general from Guam, when he said this, ``we are equal in war 
but not in peace.''
  Why, for the life of me, Mr. Speaker, it has taken all these years in 
simply trying to make this inequity fair and just for the benefit of 
the people of Guam I do not understand. It is as if these people were 
aliens or not members of the American family. We have had Guam for how 
many years? It was a territory of the United States, and this is what 
we did against these good people of Guam at the time of the war. Why we 
never evacuated them along with other U.S. citizens to this day is 
still a question. Why the Navy never

[[Page H4498]]

took them out of there before the arrival of the Japanese.
  I appeal to my colleagues, Mr. Speaker, that we pass this bill. It is 
long overdue. For the sake of justice, pass this legislation. I urge my 
colleagues to support this legislation.
  Again, I thank the good lady from Guam for her leadership and 
sponsorship of this bill.
  Mr. LAMBORN. Mr. Speaker, may I inquire if the majority has any more 
speakers?
  Ms. BORDALLO. Mr. Speaker, I have no more speakers. I reserve the 
balance of my time.
  Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, Mr. Speaker, I yield such time as he may 
consume to the gentleman from American Samoa (Mr. Faleomavaega) for a 
colloquy.
  Mr. FALEOMAVAEGA. Mr. Speaker, it has been said among some of the 
critics of this legislation, saying that the people of Guam were 
properly compensated already. I am sure the gentlelady has the correct 
information so that we can inform our colleagues this is not true.
  The way the whole thing has been presented, the procedures that were 
followed and the war claims that were made for the U.S. citizens left 
out the people of Guam. For some reason or another, I think our 
colleagues need to understand this a little more clearly.


                             Point of Order

  Mr. PRICE of Georgia. Mr. Speaker, I have a point of order.
  The SPEAKER pro tempore. The gentleman will state his point of order.
  Mr. PRICE of Georgia. Mr. Speaker, did the gentlelady just not state 
that she had no more speakers?
  The SPEAKER pro tempore. The gentleman is correct. The gentlewoman 
from Guam nevertheless had time remaining and did not yield it back.
  Ms. BORDALLO. That was my understanding at the time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I understood that she had not yielded 
her time. With 7 minutes remaining, I requested that there be a 
colloquy between myself and the gentlelady from Guam. Is there anything 
wrong with that?
  The SPEAKER pro tempore. The gentlewoman from Guam has 6 minutes 
remaining.
  Ms. BORDALLO. Mr. Speaker, if the gentleman will yield, in answer to 
the questions raised, let me just put it this way: There are several 
categories in the bill to pay for compensation. One is for living 
survivors of the occupation; $15,000 for rape or severe personal 
injury, such as loss of limb, dismemberment or paralysis; $12,000 for 
forced labor or personal injury that is less severe in nature, such as 
disfigurement, scaring or burns; $10,000 for forced march, internment 
or hiding to evade internment.
  Category two is for death claims, $25,000 to a spouse or children of 
a Guamanian who died during the occupation.
  Category three for descendants of deceased survivors; $7,000 to 
descendants of injured or interned survivors who have passed away, 
irrespective of the injury or the harm sustained.
  The total of this legislation, we are asking $126 million for claims 
and $5 million for grants for the Department of Interior to promote 
activities related to the occupation.
  Also another question, if I could answer, why is the U.S. paying for 
this instead of Japan? The United States inherited the obligation of 
reparations due to the treaty of peace with Japan which ended 
hostilities with Japan. It is the standard practice that citizens make 
claims to their own government arising from hostilities. It is the 
responsibility of the United States to make the people of Guam whole. 
Guamanians were U.S. nationals at the time of the occupation by Japan.
  Mr. FALEOMAVAEGA. I ask the gentlelady, were there any provisions 
where it required the Japanese Government to restore or to provide some 
form of compensation as part of this treaty arrangement?
  Ms. BORDALLO. Not to my knowledge. The U.S. inherited this.
  Mr. FALEOMAVAEGA. So the Japanese Government just simply said, well, 
don't ask us; ask the United States Government to provide this.
  Ms. BORDALLO. Due to the treaty of peace.
  Mr. FALEOMAVAEGA. So there was never any compensation or any support 
even from the Japanese Government to make whole what they did against 
the people, the residents of Guam?
  Ms. BORDALLO. That is correct. It is the United States responsibility 
to make Guam whole.
  Mr. FALEOMAVAEGA. I thank the gentlelady.
  Mr. ABERCROMBIE. Mr. Speaker, I rise today to support legislation 
that has been introduced by my colleague, Congresswoman Bordallo. H.R. 
1595, the Guam World War II Loyalty Recognition Act, would honor the 
residents of Guam for their loyalty and compensate them for the 
atrocities they suffered during the Japanese occupation of Guam.
  During World War II, Guam was invaded, seized and occupied by 
Imperial Japanese forces for nearly three years. The war destroyed much 
of Guam, including housing, public buildings, utilities and 
infrastructure. In addition, the people of Guam suffered many deaths 
and an untold number of acts of brutality. This ruthless brutality has 
left a lasting impact on the survivors of the war and the descendants 
of victims.
  In 1947, the Secretary of the Navy commissioned a civilian committee 
on the Naval Administration of Guam and American Samoa to prepare a 
report with specific recommendations. The report became known as the 
Hopkins Report and was submitted to the Secretary of the Navy in 1947. 
Among other things, the report addressed deficiencies in the war claims 
process for Guam immediately after the war ended. In the cover letter 
submitted with the report, the committee stated, ``Only so can justice 
be done to a valiant group of Americans who at great cost to themselves 
remained steadfastly loyal during the war . . . in so special a case 
this government could well be very generous in method of distributing 
its relief as well as generous in amount awarded. It has been 
neither.''
  Many decades later, the 107th Congress authorized the Guam War Claims 
Review Commission to determine if the people of Guam received parity in 
claims as compared to other Americans who experienced losses and 
damages during the war. In 2004, the Commission submitted their final 
report to Congress and found that Guam's residents were inequitably 
treated.
  There has been legislation to address this inequitable treatment in 
every Congress since 1985. Two hearings have been held, one in the 
108th Congress and one on in the 109th Congress. It is time to follow 
the recommendations made by both the Hopkins report and the Guam War 
Claims Review Commission by providing adequate reparations for the 
people of Guam. It is time to honor them for their sacrifices.
  Congresswoman Bordallo has done a fantastic job over the years to 
create the most fair and equitable legislation that Congress can pass. 
I hope the people of Guam know that this issue is being addressed and 
the people have not been forgotten.
  I urge my colleagues to support the people of Guam and vote for final 
passage.
  Mr. RAHALL. Mr. Speaker, I rise this today in strong support of the 
passage of H.R. 1595--the Guam World War II Loyalty Recognition Act. I 
also commend the gentlelady from Guam for her leadership on this issue. 
This legislation has bipartisan support and is being considered today 
because of her determination to seek justice.
  We are here this afternoon, taking a significant step forward to 
close a very painful chapter in Guam's history. From the time that Guam 
had been granted a delegate to Congress in the 1970's, throughout the 
service of our former colleagues--Mr. Won Pat, Mr. Blaz, and Mr. 
Underwood--this House has been made aware and constantly reminded that 
Guam and her people suffered unimaginable atrocities during its 
occupation by Japan during World War II. For nearly three years, the 
idyllic paradise became a land of panic, horror, suffering, and death.
  The personal testimonies of survivors of Guam's occupation has a 
strong history with the Committee on Natural Resources. They are 
emotional, sad, and graphic. Many of those survivors who appeared 
before the Committee to re-tell and, in essence, re-live the pain of 
occupation have since passed on. There are very few of the estimated 
22,000 Guamanians alive today who survived this era, and it is my hope 
that we can give them closure before none remain.
  There now have been two federally appointed Commissions that have 
reviewed the implementation and the parity treatment of Guam's 
experience--the Hopkins Commission in 1947, and the Review Commission 
in 2004. Both concluded that the people of Guam were either misinformed 
or mistreated. Either way, their recommendations to Congress--be it in 
1947 or in 2004--are that something needs to be done to make this 
right.
  The weight of history now falls on the shoulders of this House, 
nearly sixty-three years

[[Page H4499]]

after Guam's liberation. We have the opportunity by passing H.R. 1595 
to correct a great injustice for those patriotic Americans who 
withstood brutal occupation.
  The issue has been studied to exhaustion and the recommendations have 
remained the same. We should never forget their sacrifice for our 
country, nor should we allow for this inequity to continue.
  I urge my colleagues to support the passage of H.R. 1595--the Guam 
World War II Loyalty Act.
  Mrs. CHRISTENSEN. Mr. Speaker, I rise in strong support of H.R. 1595, 
the Guam World War II Loyalty Recognition Act and urge my colleagues to 
support its passage. I want to begin by commending my colleague and 
friend from Guam, the Honorable Madeleine Bordallo, for her steadfast 
and dedicated efforts towards enactment of this bill. Congresswoman 
Bordallo has been singularly focused--since arriving in the House--on 
the enactment of legislation to provide compensation for those of her 
constituents who suffered unspeakable acts of horror during World War 
II.
  Mr. Speaker, the people of Guam who were subject to public executions 
by beheading, personal injury, forced labor, forced march, rape and 
internment at the hands of the Japanese, have waited much too long for 
just compensation. The Guam War Claims Review Commission found that 
Guam's residents were inequitably treated under the Guam Meritorious 
Claims Act and subsequent Federal laws meant to address WWII personal 
injury claims.
  This Commission, which was established pursuant to legislation 
sponored by our former colleague from Guam, Robert Underwood, 
recommended that Congress enact legislation providing for additional 
compensation to Guam's residents. Thus the bill we are discussing 
today.
  The struggle for fair compensation for the people of Guam has been 
on-going for more than 60 years now. Sadly many of the Chamorros who 
suffered these atrocities have passed away but we must not let their 
suffering, largely due to the steadfast loyalty to the United States, 
be in vain. Passage of H.R. 1595 is long overdue and by doing so today, 
we will honor their memories and provide compensation to these brave 
Americans.
  I urge my colleagues to vote in favor of H.R. 1595.
  Ms. BORDALLO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1595, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. PRICE of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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