[Congressional Record Volume 155, Number 140 (Thursday, October 1, 2009)]
[Senate]
[Pages S10007-S10009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ALASKA TERRITORIAL GUARD

  Ms. MURKOWSKI. Madam President, on January 22 of this year, I came to 
the floor to inform our colleagues in the Senate about a decision by 
the Department of Defense that service in the Alaska Territorial Guard 
during World War II would not be regarded as Active-Duty service for 
purposes of military retirement. That decision reversed the position 
that had previously been taken by the Army that this service did count 
toward military retirement.
  As a consequence, 26 elderly Alaskans, descendants of the aboriginal 
people who originally inhabited Alaska, 26 Native people, predominantly 
Eskimo, were about to see a substantial reduction in their military 
pensions, this all happening in the dead of an Alaska winter when we 
were paying extraordinarily high fuel prices.
  At that time when I came to the floor, I wondered out loud what kind 
of government, what kind of ``Cruella'' would cut the pensions of 26 
elderly people who stood up to defend Alaska and our Nation during 
World War II with absolutely no prior warning, no advanced notice? The 
answer was our government, on advice of the lawyers.
  In the Defense Appropriations Act for fiscal year 2001, Congress 
recognized service in the Alaska Territorial Guard as Active-Duty 
service. Section 8147 required the Secretary of Defense to issue 
discharge certificates to each member of the Alaska Territorial Guard 
under honorable conditions if the Secretary determined the nature and 
duration of the service of the individual so warrants. The military 
first concluded that included retirement benefits and then abruptly 
reversed that position with immediate effect.
  As Lieutenant Colonel McNorton explained in a story carried by the 
Associated Press, section 8147 applies to military benefits, including 
health benefits, but it does not make members of the Territorial Guard 
eligible for retirement pay.
  I must emphasize, at this point, that no Alaska Territorial guardsman 
claimed a military pension solely because of his service in the 
Territorial Guard. The Alaska Territorial Guard was created in 1942 and 
disbanded in 1947. Many members of the ``Tundra Army,'' as some called 
it, continued to serve in the Alaska National Guard and other units of 
the military. That service, combined with service in the Territorial 
Guard, forms the basis for the claim.
  I have come to learn that when you use the term ``Cruella'' on the 
Senate floor, people sit up and take notice. My remarks were 
telegraphed across the blogosphere and national media outlets. The 
response that came from across the country to the plight of the 26 
elderly Alaskans was truly heartwarming. Across the ideological 
spectrum, the response from the American people was outrage over this 
situation. The high level of national interest in the plight of these 
Alaska Territorial Guard members was not lost on the senior leaders of 
the Army. The Secretary of the Army rose to the occasion. He reached 
into his emergency and extraordinary expense fund--the triple E fund--
to continue the payments to those elders for 60 days, in the hope that 
Congress would have an opportunity to address the issue by then.
  My colleague, Senator Begich, and I promptly introduced legislation 
to correct that situation, but the legislation was not considered 
before the 60 days of temporary payments ran out. The Alaska 
Legislature stepped up to fill the gap, and they enacted legislation to 
continue the payments from State funds until February of 2010 in order 
to, again, give Congress the time to fix the problem.
  With the support of our colleagues--and I especially appreciate the 
leadership and support from Senator Levin, my colleague and friend 
Senator Inouye, and Senator Cochran--language to clarify that service 
in the Alaska Territorial Guard counts toward eligibility for 
retirement pay that was included in that 2010 Defense authorization 
bill----
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Ms. MURKOWSKI. Madam President, it was my understanding that I was to 
have 15 minutes under this time agreement; is that correct?
  The ACTING PRESIDENT pro tempore. The Chair is aware of no such 
agreement, and the time for the Republican side has expired.
  Ms. MURKOWSKI. Madam President, I do have additional comments I wish 
to make. I ask unanimous consent that I have 5 minutes to conclude 
these remarks, if that is acceptable.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Ms. MURKOWSKI. Madam President, I also wish to recognize my friend 
and colleague, Senator McCain, who was there at the end to help us with 
this issue.
  The people of Alaska thank our colleagues, Senator Inouye, Senator 
McCain, and so many others for the consideration that was given these 
Alaska Territorial guardsmen. Last Friday, we were disappointed to 
learn that some in the administration might not share our enthusiasm 
for putting this matter to bed and restoring the retirement benefits 
for the 26 elderly Alaska Native veterans.
  The statement of administration position on the Defense 
appropriations bill contains two sentences that read as follows:

       The administration objects to a new General Provision that 
     would count as ``active duty'' service the time the Alaska 
     Territorial Guard members served during World War II. This 
     provision would establish a precedent of treating service 
     performed by a State employee as active duty for purposes of 
     the computation of retired pay.

  The notion that restoring these benefits establishes a precedent of 
treating service performed by a State employee as active-duty service 
defies logic and it defies history. Not only is it inconsistent with 
the letter of Congress's finding in section 8147 of the 2001 Defense 
Appropriations Act that the service was indeed Federal service, it is 
inconsistent with the facts, and I believe it is inconsistent with the 
law.
  When our Lieutenant Governor--retired LTG Craig Campbell--heard this, 
he remarked:

       The administration doesn't understand what the territorial 
     guard is. This was an initiative of the Federal Government. 
     They provided a federal service.

  General Campbell recently retired as Adjutant General of the Alaska 
National Guard, and he is absolutely correct on this.
  The Alaska Territorial Guard was created back in 1942 to protect 
Alaska from invasion by the Japanese. The notion that Japan had an 
interest in Alaska was far from speculative, as we know. The Japanese 
bombed Dutch Harbor and landed in Attu and Kiska in the Aleutian Chain. 
Enemy submarines lurked in the Bering Sea.
  The ATG was organized by U.S. Army MAJ Marvin Marston under the 
leadership of a territorial Governor who reported to Washington. These 
were Uncle Sam's men. All who served were volunteers. They were not 
State employees. It was organized in the name of the President of the 
United States, and it was armed by the U.S. Army. The operations of the 
units were inspected by the U.S. Army, and the unit was disbanded in 
1947 by order of the U.S. Army. The unit was well known

[[Page S10008]]

for its skill in protecting Alaska. These gentlemen were Native hunters 
and fishermen, but they knew the land better than any soldier that the 
army might have sent up from the lower 48. They kept watch over 5,000 
miles of coastline for enemy vessels and submarines, shooting down 
Japanese balloon bombs, protecting the Lend-Lease Route between Alaska 
and Russia and recovering downed airmen. These were the core missions 
of the territorial guard.
  It is very disappointing that 62 years after the Alaska Territorial 
Guard was disbanded the value of their service to our Nation and to our 
success in World War II has been drawn into question.
  When I came to the floor on January 22 of this year, I gave the 
Defense Department the benefit of the doubt. I believe, as did General 
Campbell and his staff judge advocate, that the 2000 legislation 
entitled members of the ATG to all the military benefits merited by 
their service. The military at one time held that position, but then on 
January 22, they didn't. I called upon the Department of Defense to 
work with me, to work with Senator Begich, to make things right. The 
Alaska congressional delegation wrote to the President to enlist his 
personal support for this effort.
  Nine years now have passed since Congress determined that service in 
the Alaska Territorial Guard during World War II was Federal service. 
Nine years have passed since the Secretary of Defense ordered that 
these brave members of the tundra army who remain alive are entitled to 
discharge certificates from the U.S. Army; 9 years since they were 
granted full Federal veterans benefits. I would suggest it is 9 years 
too late for the Defense Department to reopen the question of whether 
service in the ATG was Federal service. The Congress has answered this 
question with finality.
  I mentioned that many Americans have registered their opinions on the 
Internet over the administration's position on territorial guard 
retirement benefits. Many think it is cruel to continue to deny these 
benefits. And many believe the administration's position denigrates the 
service of the Alaska Territorial Guard. Some have suggested the men 
who served deserve an apology. But one perceptive individual suggested, 
I doubt that President Obama actually made this decision or even knows 
about it.
  So once again, I ask that President Obama personally support us in 
our quest to obtain justice for a few elderly Alaska Natives who once 
served our Nation with patriotism, with pride, and with distinction.
  President Obama, show some heart, do the right thing, and support our 
efforts to restore military retirement benefits for these 26 
individuals.
  With that, Madam President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Alaska.
  Mr. BEGICH. Madam President, I ask unanimous consent to speak as in 
morning business for up to 7 minutes.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Hearing no objection, it is so ordered.
  Mr. BEGICH. Madam President, I rise today to seek the continued 
support of my colleagues for recognition of a group of patriotic heroes 
who defended our Nation and Alaska from our enemies in World War II.
  In 1935, famed Army GEN Billy Mitchell told Congress:

       I believe that in the future, whoever holds Alaska will 
     hold the world. I think it is the most important strategic 
     place in the world.

  General Mitchell was right. Less than a decade later, Alaska became 
the first American soil occupied by a foreign enemy since the 
Revolutionary War. To counter Japanese aggression against the territory 
of Alaska during World War II, a group of Alaskan Natives voluntarily 
formed the Alaska Territorial Guard. These brave men engaged in direct 
combat, as described by my colleague from Alaska, Senator Murkowski, 
with the enemy in protecting all of Alaska. They shot down Japanese air 
balloons, conducted scouting patrols, carried out rescue missions of 
downed airmen, and built military airstrips and rescue shelters.
  They played a key role in logistics support for the U.S. military 
stationed in Alaska by delivering food, ammunition, and other equipment 
to the forces. Their actions were vital to successful U.S. military 
efforts, preventing our enemies from securing a strategic location 
during the war.
  As you can see by these photos surrounding me, the Alaska Territorial 
Guard was a unique group. They were mostly subsistence hunters and 
fishermen--the main breadwinners in their families--living in some of 
the most remote villages in the entire country. Receiving no pay or 
recognition for their service, the territorial guard mission was driven 
by a single value: patriotism.
  Many of these members continued their service for years in the U.S. 
military after the Alaska Territorial Guard was disbanded in 1947. 
Unfortunately, the contributions of the Alaska Territorial Guard during 
World War II went unrecognized for half a century. In 2000, Congress 
finally acknowledged our Nation's debt to these brave men by qualifying 
their time spent in the Alaska Territorial Guard as Federal service.
  Congress also directed the Secretary of the Army to issue discharge 
certificates to all those who served in the territorial guard. These 
discharge certificates entitled ATG members to veterans' benefits and 
was interpreted by the Department of Defense to count as service in the 
Alaska Territorial Guard toward retirement credit. Twenty-six former 
members of the Alaska Territorial Guard finally began receiving a well-
earned pension from the government. At long last, the sacrifice and the 
contributions of Alaskan Natives during World War II were recognized.
  Then in January of this year, abruptly and without warning, the 
Defense Finance and Accounting Service stopped issuing pensions to 
these 26 guardsmen. This was based on the finding that their service 
was not Federal and, therefore, the payments were not legal. 
Thankfully, former Army Secretary Pete Geren issued temporary payments 
to ease the economic hardship experienced by these heroes while 
we worked on a more permanent solution.

  To its credit, the Alaska legislature stepped up where the Federal 
government fell short. The State is paying their pensions until 
Congress can provide a permanent legislative solution or until February 
2010, whichever comes first. I cannot imagine another situation where 
Congress would stand by and let veterans' entitlements be revoked and 
their sacrifices go unrecognized.
  Luckily, my Senate colleagues also recognized this injustice. I thank 
my colleague, Senator Murkowski, who introduced S. 342, a bill to 
provide for the treatment of service as a member of the Alaska 
Territorial Guard during World War II as active service for purposes of 
retired pay to restore pensions. I am a proud cosponsor of this 
legislation.
  Working together with the leader of the Armed Services Committee, 
Senator Levin, and the ranking member, Senator McCain, we were able to 
secure similar legislation to restore those pensions in an amendment to 
the National Defense Authorization Act for the year 2010, supported 
unanimously by the Senate. Most recently, the Senate Appropriations 
Committee included the same provision in the Defense Appropriations Act 
for fiscal year 2010.
  However, I was extremely disappointed to learn in the statement of 
administration policy for fiscal year 2010 Defense Appropriations bill 
that the national administration has voiced objection to the provision 
that would count Alaska Territorial Guard service as active-duty time 
for retirement purposes. I remind my colleagues that the Alaska 
Territorial Guard members were not State employees. They were patriotic 
Alaska Natives answering the call of duty from their country.
  Allowing their service in the Alaska Territorial Guard to count as 
Federal service cannot set a precedent because there is no other group 
like them in this country. They served the United States in a time of 
war by defending an American territory from the enemy. They engaged in 
combat. And they did this because they felt the same sense of 
patriotism during World War II that every active member of the Army and 
Air Force and every other military branch did.
  These brave Alaskans are now in their 70s and 80s. Just this past 
Monday, one of them--Nicholai E. Nicholai

[[Page S10009]]

of Kwethluk--passed away before he could see this issue resolved. I ask 
my colleagues for their continued support to ensure that the now 25 
Alaskan Natives who defended this Nation receive their earned pension 
by supporting the provisions in the National Defense Authorization Act 
and Defense Appropriations Act for fiscal year 2010.
  I also join my colleague Senator Murkowski in asking the 
administration to reexamine their objection to restoring the retirement 
payments and honoring our World War II veterans. Our time is running 
short to correct this injustice and restore these modest payments. The 
Federal Government turned its back on these men at the end of the war. 
I hope Congress and my colleagues in the Senate won't let that happen.
  I yield the remainder of my time.

                          ____________________