[Congressional Record Volume 157, Number 1 (Wednesday, January 5, 2011)]
[Extensions of Remarks]
[Page E10]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    STATEMENT OF SUPPORT FOR H.R. 44, THE GUAM WORLD WAR II LOYALTY 
                            RECOGNITION ACT

                                 ______
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                       Wednesday, January 5, 2011

  Ms. BORDALLO. Mr. Speaker, today I have introduced H.R. 44, the Guam 
World War II Loyalty Recognition Act, a bill that would implement the 
findings of the Guam War Claims Review Commission. Since being elected 
to the House of Representatives 8 years ago, I have introduced a 
version of this legislation in each Congress. Last Congress, this bill 
titled H.R. 44 passed the House on four separate occasions, once as 
standalone legislation and three times as part of the annual National 
Defense Authorization Acts.
  This bill would implement the recommendations of the Guam War Claims 
Review Commission, which was appointed by Secretary of the Interior 
Gale Norton and established by an Act of the 107th Congress (Public Law 
107-333). The Review Commission, in a unanimous report to Congress in 
June 2004, found that there were significant disparities in the 
treatment of war claims for the people of Guam as compared with war 
claims for other Americans. The Review Commission also found that the 
occupation of Guam was especially brutal due to the unfailing loyalty 
of the people of Guam to the United States of America. The people of 
Guam were subjected to forced labor, forced marches, internment, 
beatings, rapes and executions, including public beheadings. The Review 
Commission recommended that Congress remedy this injustice through the 
enactment of legislation to authorize payment of claims in amounts 
specified. Specifically, the bill would authorize discretionary 
spending to pay claims consistent with the recommendations of the 
commission.
  It is important to note that the Review Commission found that the 
United States Government seized Japanese assets during the war and that 
the record shows that settlement of claims was meant to be paid from 
these forfeitures. Furthermore, the United States signed a Treaty of 
Peace with Japan on September 8, 1951, which precludes Americans from 
making claims against Japan for war reparations. The treaty closed any 
legal mechanism for seeking redress from the Government of Japan, and 
the United States Government has settled claims for U.S. citizens and 
other nationals through various claims programs authorized by Congress.
  The House of Representatives has continually been supportive of this 
legislation, passing the bill with bi-partisan support in 110th and 
111th Congresses. The issue continues to stall in the Senate despite 
support from the administration and supportive Senators. In the 111th 
session of Congress, I worked to add the text of H.R. 44 to the 
National Defense Authorization Act for fiscal year 2010. This was 
unsuccessful because of the objections of Senators regarding the 
precedent that this legislation may establish notwithstanding the 
findings of the Guam War Claims Review Commission, which found that no 
new precedent was being made and that its recommendations were based on 
similar claims programs for similar circumstances. However, as a 
compromise, report language was added to the final statement of 
managers which called for additional hearings to review Guam War Claims 
matter in the 2nd Session of the 111th Congress. The House Armed 
Services Committee upheld its commitment and held a hearing on December 
2, 2009 to further investigate the purpose and need for enacting H.R. 
44. Last year, I worked again to include compromise language for H.R. 
44 in National Defense Authorization Act for fiscal year 2011. Given 
the time constraints for floor time at the end of the session, the Guam 
War Claims provision had to be removed by the Senate in order for the 
final defense authorization bill to pass by unanimous consent in the 
Senate.
  However, during negotiations on the defense authorization bill for 
fiscal year 2011 there was agreement that payment of claims to 
descendants of survivors of the Japanese occupation who suffered 
personal injury should be removed from the legislation. I accepted this 
compromise because I felt it was important to bring closure to this 
issue and that the objections to this provision by some Senators cannot 
be overcome at this time. As such, the bill I introduce today is 
compromise language that removes such claims payments and reflects the 
agreed upon compromise reached during negotiations on last year's 
defense authorization bill.
  Congressional passage of this bill this Congress has a direct impact 
on the future success of the military build-up. The need for Guam War 
Claims was brought about because of mishandling of war claims 
immediately following World War II by the Department of the Navy. The 
long-standing inequity with how Guam was treated for war reparations 
lingers today. If we do not bring this matter to a close I believe that 
support for the military build-up will erode and impact the readiness 
of our forces and the bilateral relationship with Japan.
  Mr. Speaker, resolving this issue is a matter of justice. This 
carefully crafted compromise legislation addresses the concerns of 
several Senators, and has the approval of both Senator John McCain and 
Senator Carl Levin. This bill represents a unique opportunity to right 
a wrong because many of the survivors of the occupation are nearing the 
end of their lives. It is important that the Congress act on the 
recommendations of the Guam War Claims Review Commission to finally 
resolve this longstanding injustice for the people of Guam.

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