[Congressional Record Volume 165, Number 125 (Wednesday, July 24, 2019)]
[House]
[Pages H7351-H7353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAKING TECHNICAL CORRECTIONS TO GUAM WORLD WAR II LOYALTY RECOGNITION
ACT
Mr. SAN NICOLAS. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 1365) to make technical corrections to the Guam World
War II Loyalty Recognition Act, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1365
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TECHNICAL CORRECTIONS TO GUAM WORLD WAR II LOYALTY
RECOGNITION ACT.
Title XVII of division A of Public Law 114-328 is amended--
(1) in section 1703(e)--
(A) by striking ``equal to'' and inserting ``not to
exceed''; and
(B) by striking ``covered into the Treasury as
miscellaneous receipts'' and inserting ``used to reimburse
the applicable appropriations'';
(2) in section 1704(a) by striking ``, subject to the
availability of appropriations,'' and inserting ``from the
Claims Fund''; and
(3) by striking section 1707(a).
SEC. 2. BUDGETARY TREATMENT OF TECHNICAL AMENDMENTS.
(a) Determination of Budgetary Effects.--As the budgetary
effects for spending provided by this Act were estimated and
offset as part of the enactment of the Guam World War II
Loyalty Recognition Act (title XVII of division A of Public
Law 114-328), the budgetary effects of this Act shall be
determined as if the amendments made by this Act were
included in the enactment of the Guam World War II Loyalty
Recognition Act (title XVII of division A of Public Law 114-
328), for purposes of the Congressional Budget Act of 1974
and the Statutory Pay-As-You-Go Act of 2010.
(b) Pay-As-You-Go Compliance.--The budgetary effects of
this Act, for the purpose of complying with the Statutory
Pay-As-You-Go Act of 2010, shall be determined by reference
to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Guam (Mr. San Nicolas) and the gentleman from Utah (Mr. Curtis) each
will control 20 minutes.
The Chair recognizes the gentleman from Guam.
General Leave
Mr. SAN NICOLAS. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the measure under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Guam?
There was no objection.
Mr. SAN NICOLAS. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I include in the Record revised CBO materials.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 12, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1365, a bill to
make technical corrections to the Guam World War II Loyalty
Recognition Act. This cost estimate supersedes the estimate
transmitted on July 10, 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Phillip L. Swagel, Director.
Enclosure.
H.R. 1365, A BILL TO MAKE TECHNICAL CORRECTIONS TO THE GUAM WORLD WAR II LOYALTY RECOGNITION ACT--AS REPORTED BY
THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JULY 11, 2019
[By fiscal year, millions of dollars]
----------------------------------------------------------------------------------------------------------------
2019 2019-2024 2019-2029
----------------------------------------------------------------------------------------------------------------
Direct Spending (Outlays)................................. 0 40 40
Revenues.................................................. 0 0 0
Deficit Effect............................................ 0 40 40
Spending Subject to Appropriation (Outlays)............... 0 0 0
Statutory pay-as-you-go procedures apply?................. Yes Mandate Effects
Increases on-budget deficits in any of the four No Contains No
consecutive 10-year periods beginning in 2030?........... intergovernmental
mandate?
Contains priNote-sector
mandate?
----------------------------------------------------------------------------------------------------------------
H.R. 1365 would authorize a portion of customs duties and
federal income taxes collected in Guam to be spent to
compensate certain residents and surviving family members for
their treatment during the island's occupation by Japanese
military forces during World War II. Those customs duties and
income taxes are currently deposited in the Treasury as
miscellaneous receipts.
Using information from the Department of Justice about how
much compensation is due, CBO estimates that enacting H.R.
1365 would increase direct spending by $40 million for
compensation payments as funds become available over the
2020-2023 period.
The costs of the legislation (detailed in Table 1) fall
within budget function 800 (general government).
TABLE 1--ESTIMATED INCREASES IN DIRECT SPENDING UNDER H.R. 1365
[By fiscal year, millions of dollars]
----------------------------------------------------------------------------------------------------------------
2019-
2019 2020 2021 2022 2023 2024 2024
----------------------------------------------------------------------------------------------------------------
Estimated Budget Authority...................... 0 12 12 12 4 0 40
Estimated Outlays............................... 0 12 12 12 4 0 40
----------------------------------------------------------------------------------------------------------------
This estimate supersedes the CBO estimate for H.R. 1365, a
bill to make technical corrections to the Guam World War II
Loyalty Recognition Act that was transmitted on July 10,
2019. Although the five-year and ten-year totals are correct,
the initial estimate indicated that there would be some costs
in 2019. The legislation has not yet passed either House of
Congress and CBO assumes it would be enacted near the end of
fiscal year 2019. Given that timing, CBO expects spending
would probably commence in fiscal year 2020.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Mr. SAN NICOLAS. Mr. Speaker, this marks the first time that I have
taken to this floor to deliver remarks as a Member of Congress. My
constituents can attest to the fact that I have never been one known to
shy away from a microphone. However, the gravitas of H.R. 1365 that I
bring to the floor today is of such consequence that I chose to
withhold the privilege of this floor until this day.
While H.R. 1365 is a bipartisan bill that would simply make technical
corrections to the current Guam World War II Loyalty Recognition Act,
it is the final component of a 75-year saga rooted in loyalty, faith,
hope, and love in the midst of unimaginable suffering.
The Guam World War II Loyalty Recognition Act was passed by Congress
and signed into law at the end of 2016, recognizing the sacrifices the
people of Guam endured at the hands of foreign occupiers during World
War II. Nearly 78 years ago, foreign enemies bombed
[[Page H7352]]
Pearl Harbor and then made their way east, taking control of Guam from
United States naval forces, many of which were evacuated prior to the
invasion.
The civilian population of Guam, regarded as Americans by the enemy,
were left undefended, for all intents and purposes. In the 974 days of
enemy occupancy, too many of the people of Guam, who today are American
citizens, were injured, raped, maimed, murdered, and even forced to dig
their own grave sites or those of their family and friends.
These atrocities occurred due to the unwavering patriotism of the
people of Guam.
An 83-year-old survivor clearly remembers her family risking their
lives to hide and care for the only living U.S. Navy soldier left on
the island, who was tasked with sending information to our forces
overseas. She shared her observations of enemy soldiers going village
to village, looking for radioman George Tweed and leaving a trail of
tortured and dead in their path.
Another 83-year-old survivor shared how he witnessed his childhood
friend beaten up every day just for looking American.
One survivor, who was 5 years old at the time, testified to
remembering her mother, pregnant with her sibling, after being severely
beaten, hemorrhage to a slow death while performing forced labor under
the grueling Sun. The baby did not survive either.
Though our people experienced such cruel acts, we remained vigilant
with the hope and faith that the United States would return and
liberate us from enemy forces. Seventy-five years ago this past Sunday,
true to their word, our servicemen took to the shores of Guam, many of
whom gave their lives to reclaim the island, and rescued those left who
survived the brutality.
These stories are the memories of our survivors who continue to carry
the heavy burdens of war post-liberation. These survivors, who were
steadfast in their devotion to this country, the United States of
America, were left out when America forgave its vanquished enemies from
any form of redress to those who suffered under their occupation.
Almost 3 years ago, Congress voted to pass the Guam World War II
Loyalty Recognition Act, providing those remaining survivors with a
Federal claims process to seek adjudicated compensation for wartime
suffering, a Federal process that, today, 75 years later, has one final
hurdle to clear with H.R. 1365 to make those who qualified whole. Of
the over 14,000 who suffered, 3,663 survivors have filed claims, with
many of the nearly 11,000 having passed before this process could even
begin.
Nonetheless, the Foreign Claims Settlement Commission, since October
of last year, has certified over 600 claims, and the Commission
continues to adjudicate all claims filed.
Unfortunately, pertinent technical language was left out of the
original bill, preventing the Department of the Treasury from making
payments for claims adjudicated and certified for compensation by the
Foreign Claims Settlement Commission. H.R. 1365 makes the necessary
corrections to the Guam World War II Loyalty Recognition Act to see
Congress' intent through, and it was drafted in close consultation with
the Department of the Treasury and the Department of the Interior, to
ensure the language's efficacy.
Mr. Speaker, it is important to note for my colleagues that the
moneys used for payment of these claims does not create a new expense
category for the budget. I repeat, H.R. 1365 does not create a new
expense category for the Federal budget. Instead, the moneys deposited
in the Guam War Claims Fund is funding that originates from Guam's
section 30 Federal income tax transfer payments, essentially moneys
already due to the government of Guam. As such, funding for these
claims do not represent a new expense but a reprogramming of existing
expenses.
It is also important to note that these claimants are not just
constituents of mine. Many claimants live in 46 other States and
territories and are constituents to 265 districts across our Nation. We
have claimants in Alabama; Alaska; Arizona; Arkansas; California;
Colorado; Connecticut; Florida; Georgia; Hawaii; Idaho; Illinois;
Indiana; Iowa; Kansas; Kentucky; Louisiana; Maryland; Massachusetts;
Michigan; Minnesota; Mississippi; Missouri; Montana; Nebraska; Nevada;
New Hampshire; New Jersey; New Mexico; New York; North Carolina; Ohio;
Oklahoma; Oregon; Pennsylvania; Rhode Island; South Carolina; South
Dakota; Tennessee; Texas; Utah, the great State that my colleague this
evening represents; Virginia; Washington; Washington, D.C.; Wisconsin;
Wyoming; the Commonwealth of the Northern Mariana Islands; and Guam.
Over these past 75 years, our World War II survivors and their
families have made their home throughout this country. Notwithstanding
our current political status, our sons, daughters, mothers, fathers,
brothers, and sisters have died defending the freedom that liberators
brought to our shores 75 years ago.
{time} 2115
While we struggle on Guam under inequities and supplemental security
income, Medicaid, and even basic voting rights, we remain the Sparta of
America, with the highest per capita armed services recruitment rates
in the country.
The brutality of the enemy 75 years ago could not break the resolve
of our relationship with the United States of America and the
generations since then and, to this very day, reflect this exemplary
patriotism in our rights of service and those who made the ultimate
sacrifice.
Mr. Speaker, I humbly ask my colleagues for their support in passing
H.R. 1365 so the Greatest Generation of Guam who instilled in us this
faith in American democracy can finally receive the long-awaited
closure they have been seeking since the end of World War II.
As a gracious victor who assumed the responsibility for postwar
peace, the passage of H.R. 1365 represents an unreconciled act of grace
by the United States of America to a people who suffered for their
loyalty to America. Perhaps most importantly, it represents an
affirmation that, while slow to turn, and sometimes too slow, the
wheels of justice in the land of the free do eventually come full
circle.
A loyal people await the ultimate passage of H.R. 1365. And I am
humbled to not only represent them in this body, but to extend my
thanks on their behalf to the Speaker, majority leader, majority whip,
committee chairs of jurisdiction, my minority leader, and ranking
committee members who have made this moment possible, and to my
colleagues on both sides of the aisle who, today, do us the tremendous
honor of seeing this measure through this House.
Mr. Speaker, I reserve the balance of my time.
Mr. CURTIS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 1365.
As the gentleman has so well already explained, this bill would
authorize the release of certain funds from the Guam Treasury that have
been set aside to pay Guam World War II survivor claims.
Many individuals living on the island during the Japanese occupation
suffered injury and, in some cases, death.
In 2016, Congress enacted the Guam World War II Loyalty Recognition
Act to provide for the adjudication of claims and for the payment of
compensation as recommended by the Guam War Claims Review Commission in
their 2004 report. However, legislation and language in the act
unintentionally prevented funds from being provided to World War II
survivors and their heirs. This bill fixes the original act's language
to ensure survivors can receive these claims.
Mr. Speaker, I urge adoption of this measure. I have no additional
speakers, and I yield back the balance of my time.
Mr. SAN NICOLAS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I would like to thank my colleague on the other side of
the aisle for his support.
Mr. Speaker, I want to extend my appreciation to various individuals
and entities for their unyielding support and assistance in pushing
this bill forward.
I thank Ms. Irene Sgambelluri, an 89-year-old war survivor who flew
out
[[Page H7353]]
here on her own to take meetings at the White House and who now has a
White House special assistant on speed dial; Congressman Kilili Sablan
for his assistance in moving this bill through the process; my
predecessors for laying much groundwork over many years that brings us
to this inflection point; my leadership counterparts in Guam; the
speaker of the Legislature of Guam and the Republican Party of Guam,
who recognized and endorsed this very important bipartisan measure.
Lastly, I want to thank the senior citizens of Guam, our war
survivors whose sacrifices, patience, and fortitude have given us the
strength and inspiration to bring this to closure on their behalf.
I urge my colleagues to support the legislation, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Guam (Mr. San Nicolas) that the House suspend the rules
and pass the bill, H.R. 1365, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________