[Congressional Record (Bound Edition), Volume 155 (2009), Part 4]
[House]
[Pages 4374-4381]
[From the U.S. 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. 44) to implement the recommendations of the Guam War Claims 
Review Commission.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 44

       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.

[[Page 4375]]

       (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 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, 2013, 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, 2013.

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

                              {time}  1415


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to include extraneous material on the bill under consideration.

[[Page 4376]]

  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 today to urge my colleagues to pass 
H.R. 44, the Guam World War II Loyalty Recognition Act.
  First, I thank Chairman Nick Rahall and former Ranking Member Don 
Young for their leadership on this issue, for their support in passing 
the bill in the last Congress, and for bringing it back to the floor 
today given that the other body was unable to pass it before adjourning 
last year.
  Mr. Speaker, this bill, H.R. 44, is the same bill that was passed by 
the House of Representatives with broad bipartisan support on May 8, 
2007. I have reintroduced it with the support of many colleagues.
  I want to thank also Majority Leader Steny Hoyer, Chairman John 
Conyers of the House Committee on the Judiciary, Chairman Ike Skelton 
of the Committee on Armed Services, and the gentleman from Wisconsin 
(Mr. Sensenbrenner), the former chairman of the Committee on the 
Judiciary, for their steadfast support of this bill.
  H.R. 44 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 that Congress provided for following the 
occupation of Guam from December 8, 1941, to July 21, 1944.
  The review commission, Mr. Speaker, which was appointed by the 
Secretary of the Interior, Gale Norton, in September of 2003, was 
mandated by Congress 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 as a result of the hostilities during World War 
II.
  The review commission was mandated to advise the Congress 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 order to provide parity. In accomplishing its tasks, the 
review commission held 2 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 as compared to the programs authorized for all 
other Americans similarly affected. It recommended that Congress remedy 
this injustice through the enactment of legislation which is before us 
today. I think it is very important that we note the first finding of 
the review commission's report:
  ``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 just part of the overall burden of 
war.''
  Today, Mr. Speaker, we again 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. 44 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 the liberation, Congress did not provide for war 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.''
  This is a matter that each one of my predecessors has worked to bring 
to the attention of Congress. The late Mr. Antonio Won Pat, the first 
Delegate to serve in this institution, first pursued a resolution of 
this issue, which was followed by the efforts of our second 
representative to Congress--retired Marine Brigadier General Ben Blaz, 
himself--who survived the occupation.
  Mr. Speaker, Mr. Blaz is with us today, and I would like to point out 
that he has written a wonderful account and a very accurate account of 
the remembrance of the occupation years in World War II. It is called 
``Let Us Remember.'' I know that many of my colleagues have read this 
book, and he is here today to lend support to H.R. 44. My immediate 
predecessor, Congressman Robert Underwood, sponsored the legislation in 
the 107th Congress that was passed with unanimous approval and that 
created the review commission.
  So 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 26 
years. As I stated the last time this bill came to the floor, 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. So the issue has 
thoroughly been examined.
  I want to thank Jim Zoia, staff director of the Natural Resources 
Committee, and Tony Babauta, staff director of the Insular Affairs 
Subcommittee. I also acknowledge the counsels to the committee, Rick 
Healy, Brian Modeste, as well as Lisa Pittman and Harry Burroughs from 
the Republican staff, who have worked on this legislation.
  Again, we stand on the brink of an historic moment for the people of 
Guam. I regret, Mr. Speaker, that many survivors of the occupation of 
Guam are not with us today, and we know that others will pass away 
before this bill completes its legislative journey, but we have this 
moment to recall why we continue this effort 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 the faith in our Nation, of hope in our God and of love for 
our families.
  As I stated in 2007, Mr. Speaker, if I could vote on final passage of 
this bill, it would be my greatest honor to recognize the people of 
Guam by voting, but since I cannot vote as a Delegate, I offer all of 
my colleagues the honor of recognizing their fellow Americans by voting 
to pass H.R. 44 today.
  I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  The distinguished gentlelady from Guam has adequately explained this 
particular bill. I, personally, have no further comment, but I wish to 
yield 3 minutes to the gentleman from South Carolina (Mr. Wilson) to 
speak to this particular bill.
  Mr. WILSON of South Carolina. Mr. Speaker, it is my honor to join in 
supporting H.R. 44. This bill had actually passed the House last year 
with bipartisan support.
  I want to commend the Congresswoman from Guam for her leadership on 
this issue. I have had the privilege of traveling with Ms. Bordallo 
around

[[Page 4377]]

the world. Everywhere I go, she finds persons of Chamorro descent, 
people who are originally from the territory of Guam, and you can tell 
immediately there is deep affection between the people whom she 
represents and their Member of Congress. Additionally, you can tell how 
wonderful the people are of Guam by their extraordinary loyalty and 
service to the people of the United States.
  I had the extraordinary privilege last week of participating in a 
program with Major General Donald Goldhorn, the Adjutant General of the 
Guam National Guard. I was present with Congresswoman Bordallo and with 
our colleague, Congressman and Ranking Member Solomon Ortiz of Texas. 
We were present at the National Guard program where the National Guard 
of Guam was recognized as the number one National Guard in the United 
States in terms of percentage of membership of state or territory.
  I particularly was very appreciative. I am a 31-year veteran of the 
Reserves and Guard. I have three sons serving in the Army National 
Guard, and so I know of the great opportunities that can be had by 
serving in the National Guard. The territory of Guam has truly come 
forward to be first in our country of percentage of membership.
  It has already been stated, but in my visit last week, we visited the 
memorial to the Marines who liberated Guam in July 1944. It was 
extraordinary to find out that, within 1 hour of the attack on Pearl 
Harbor, the people of Guam were under attack by the Imperial Japanese 
forces. They seized control of the Island of Guam. The island was 
inhabited by 22,000 United States nationals. The island was occupied 
for 31 months. It was very brutal. The people were subject to 
executions, beatings, rape, forced labor, and forced march. All of the 
residents were interned in concentration camps in the closing months of 
the occupation.
  This week, I had the extraordinary opportunity to read a book about 
the occupation by former Congressman Ben Blaz, a retired major general 
of the Marine Corps. It was very moving to see his tribute. This was a 
13-year-old boy who sadly lived his teenage years under the brutal 
occupation of the Imperial Japanese forces. There are so many facts in 
there that the American people should know, but one of them that was 
particularly shocking to me was that there were six Americans, military 
personnel, who escaped as the Japanese seized control of the island. 
Five of them upon capture were summarily executed. The sixth person was 
hidden during the 31-month occupation and survived thanks to the people 
of Guam.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. BISHOP of Utah. I yield 1 minute to the gentleman from South 
Carolina.
  Mr. WILSON of South Carolina. I also would like to point out that the 
Guam Meritorious Claims Act of 1945 was passed within months of the 
cessation of hostilities for the immediate relief of the people of 
Guam, but there are deficiencies, obviously, that have been discovered 
in the last 64 years. They need to be corrected.
  I also want to point out that, last week, the strategic importance of 
Guam was recognized by the agreement between Japan and the United 
States, and 8,000 Marines are being relocated from Okinawa to Guam.
  I am, again, grateful to be here. We have extraordinary fellow 
citizens living on Guam--great Americans. Therefore, I urge that we 
adopt H.R. 44, which will update a statute that is flawed.
  Ms. BORDALLO. Mr. Speaker, I would like to thank my colleague Mr. 
Wilson for his very supportive words on this bill.
  At this time, I would like to recognize my dear colleague from the 
United States Virgin Islands, the Honorable Donna Christensen, for 5 
minutes.
  Mrs. CHRISTENSEN. Mr. Speaker, I rise also in strong support of H.R. 
44, the Guam World War II Loyalty Recognition Act, and urge my 
colleagues to support its passage.
  I want to begin by welcoming former Delegate Ben Blaz as well but 
especially in commending my colleague and friend from Guam, the 
Honorable Madeleine Bordallo, for her steadfast and dedicated efforts 
to the enactment of this bill. Since becoming a Member of this House 6 
years ago, nothing has been more important to her than the enactment of 
this 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, as you heard, were subject to the 
severest and most inhumane public treatment--torture as well as death 
at the hands of the Japanese--and they have waited much too long for 
this compensation. The Guam War Claims Review Commission rightly found 
that Guam's residents were inequitably treated under the Guam 
Meritorious Claims Act and subsequent Federal laws meant to address 
World War II personal injury claims.
  This commission, which was established pursuant to legislation 
sponsored 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.

                              {time}  1430

  The struggle for fair compensation for the people of Guam has been 
ongoing now for more than 60 years. Sadly, many of the Chamorros who 
suffered these atrocities, as Ms. Bordallo has said, 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 this is long 
overdue, and by doing so today, we will honor their memories and 
provide compensation to these brave Americans.
  I worked with Congresswoman Bordallo during the last Congress to 
secure enough votes to pass similar legislation out of the House, but 
we ran out of time before we were able to get it out of the other body.
  It's my fervent hope that our efforts will enjoy greater success in 
this Congress, and I again urge my colleagues to vote in favor of H.R. 
44. The people of Guam have waited long enough.
  Mr. BISHOP of Utah. Mr. Speaker, it is my pleasure to yield 2 minutes 
to the gentleman from California (Mr. Daniel E. Lungren).
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I rise in support 
of H.R. 44. It has been articulated very well on this floor as to the 
reasons why this should be supported. I would like to suggest for 
Members on my side of the aisle that they might consider voting for 
this in tribute to our former colleague, Mr. Blaz--who was on the 
floor--a brigadier general of the United States Marine Corps, a Member 
of Congress for a number of terms, including those during which I was 
here the first time around; and, as importantly, a fellow graduate of 
the University of Notre Dame. I salute General Blaz.
  We are talking about facts that go to instances or events that 
occurred some 60-plus years ago. Sometimes we only hear about that by 
reading it in the history books and we attempt to try and place 
ourselves there to understand.
  We don't have to do that today. General Blaz is here. He went through 
it as a young boy. He is a credit to this country, he's a credit to 
Guam, he's a credit to this institution. He is an example of the 
triumph of American forces during World War II and what they allowed 
the people that they liberated to become. From rather modest beginnings 
in a war zone, he picked himself up, was educated in one of the finest 
universities in this country, became a member of the United States 
Marine Corps, rose to the position of brigadier general, and later had 
the privilege of representing those same people with whom he lived in 
an occupation status later on here in the House of Representatives.
  If there is any question about the loyalty of the people of Guam, if 
there is any question about what they suffered, if there is any 
question about the justice of this bill, it can be answered by just 
looking at this gentleman, Mr. Blaz. It is an honor for me to be here 
on the floor when he is here visiting us again to talk in favor of this 
bill.
  I would hope that there would be a unanimous vote for this bill.

[[Page 4378]]


  Ms. BORDALLO. Mr. Speaker, I would like to now recognize the 
distinguished gentleman from American Samoa (Mr. Faleomavaega) for as 
much time as he may consume.
  Mr. FALEOMAVAEGA. I thank the gentlelady.
  Mr. Speaker, I rise today in strong support of H.R. 44, the Guam 
World War II Loyalty Recognition Act. I certainly want to thank 
Chairman Nick Rahall of our Natural Resources Committee, Congressman 
Don Young, and Doc Hastings from Washington for their leadership in 
bringing this bill to the floor for consideration.
  I especially want to thank the chief sponsor, the current chairwoman 
of the Natural Resources Subcommittee on Insular Affairs, Oceans and 
Wildlife, my good friend and colleague, Congresswoman Madeleine 
Bordallo, for her tireless efforts to continue to raise this important 
issue, now this form of legislation, before our Members for 
consideration.
  Mr. Speaker, in World War II, Guam, as a U.S. territory, was occupied 
by the Imperial Japanese military forces for nearly 3 years until the 
U.S. Armed Forces liberated Guam and its people in 1944. After World 
War II, the U.S. Congress in 1945 passed the Guam Meritorious Claims 
Act which authorized the Secretary of the Navy to appoint a claims 
commission in an effort to compensate the residents of Guam for their 
sufferings during the war.
  Almost six decades later, Mr. Speaker--this is 60 years now--Congress 
established the Guam War Claims Review Commission to determine whether 
there is parity of war claims paid to Guam residents in 1945 as 
compared with awards made under other Federal laws to similarly 
affected U.S. citizens or nationals in territories occupied by Japanese 
forces during World War II.
  In 2004, the review commission submitted its report which became the 
focus of the Natural Resources Committee oversight hearing last year. 
And it was further clear that awards were needed. Moreover, the 
commission recommended that Congress acknowledges both the suffering of 
the people of Guam during the enemy occupation of Guam during World War 
II.
  The bill before us today seeks to fulfill the recommendations of the 
review commission. This bill recognizes the suffering and the loyalty 
of the people of Guam, Mr. Speaker.
  Unfortunately, this bill was never passed by the Senate last year 
despite its having been hot-lined on multiple occasions. It was the 
subject of repeated objections, including a live objection on the 
Senate floor when unanimous consent was made to pass last year.
  Mr. Speaker, every former Member of Congress representing the 
territory of Guam has spoken about the deficiencies in making Guam 
whole after World War II. Our former colleague, the late Congressman 
Antonio Wan Pat, former Congressman General Ben Blaz, who is with us 
today, and former Congressman Robert Underwood had raised the issue 
throughout their service in this body. 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.
  There were some of the key findings of the commission. If the U.S. 
has a moral obligation to pay proper compensations for war claims, that 
there was a lack of parity in war claims for Guam when compared to 
other war claims' programs established by the Congress that Guam was 
erroneously--I don't know if not purposefully--excluded from the 
coverage under title II of the War Claims Act.
  This legislation is vitally important, Mr. Speaker, because it 
addresses these long-standing inequities against the people of Guam. By 
implementing the recommendations of the 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 siege.
  I strongly support this legislation. And may I remind my colleagues, 
our Nation committed a grave injustice, as far as I'm concerned, 
concerning this issue. Sixty years, Mr. Speaker. How much longer are we 
going to have to wait for the people of Guam to get proper compensation 
for this tremendous wrong that was committed against them by Japanese 
military forces? Atrocities were committed against the people of Guam. 
And this piece of legislation embodies all they're asking for.
  I suspect that we have currently probably a $40 billion military 
presence in this territory that is so important and vital to our 
strategic and military interests, and yet we cannot even provide 
compensation for the loss of lives these people had to suffer and 
endure for 3 years under Japanese occupation in World War II. Where is 
the justice in this, Mr. Speaker? Where is the fairness? Where are the 
Members of this body to give proper voters support for this long-
standing injustice that has not been remedied by the Congress?
  Mr. Speaker, as an example, my good friend and former colleague, 
Member of the Congress, Brigadier General Ben Blaz, at that time was a 
youth that 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, who reiterated to our colleagues as some of his close 
relatives were beheaded Japanese style in the presence of other people 
of Guam. And this took place for some 3 years, 3 years, Mr. Speaker.
  And I could never forget the words echoed by my good friend General 
Blaz. He said, ``We are equal in war but not in peace.'' What a 
profound statement, as far as I'm concerned.
  Yes, the people of Guam sacrificed their sons and daughters to fight 
our enemies in our wars, but when it comes to giving proper 
compensation and remedy for its people, somehow after 60 years we seem 
to give a blind eye not really giving any real sense of importance 
about what happened in the lives of these people during the 3 years the 
Japanese forces took over this territory.
  Why, for the life of me, Mr. Speaker, it has taken all of these years 
in simply trying to make this inequity fair and just for the people and 
for the benefit of Guam, I do not understand.
  And if I may just for a second, Mr. Speaker, I would like to have a 
colloquy with my colleague from Guam, Madeleine Bordallo.
  As a senior Member of the House Armed Services Committee, do you 
think the territory of Guam has any importance as an insular member of 
our family as territories representing the United States in this part 
of the world?
  Ms. BORDALLO. Yes, I do. Guam is strategically located in the 
Pacific. And at this particular time, we are looking at a large 
military buildup in Guam.
  Mr. FALEOMAVAEGA. Is it your understanding that we are about to spend 
some $15 billion to transfer some 9,000 Marines from Okinawa and some 
40,000 dependents to be placed in Guam because of its military 
importance to our Nation's security interests?
  Ms. BORDALLO. Yes.
  Mr. FALEOMAVAEGA. What is the gentlelady's estimates in terms of the 
value of all of the military installations that we now have in place in 
Guam.
  Ms. BORDALLO. The value?
  Mr. FALEOMAVAEGA. Twenty billion, thirty billion? Anderson Air Force 
Base, the naval bases; all of the military presence that we have in 
Guam?
  Ms. BORDALLO. It's priceless.
  Mr. FALEOMAVAEGA. You would say in the billions?
  Ms. BORDALLO. In the billions.
  Mr. FALEOMAVAEGA. And would you suppose to suggest that maybe all 
we're asking for is some couple of pennies compared to the billions 
that we have? And where are the people of Guam in terms of the 
sacrifices that they've had to make; the lands that have been taken, 
one-third of Guam is now controlled by the military?
  Ms. BORDALLO. That is correct.
  Mr. FALEOMAVAEGA. I'd like to ask the gentlelady also is it true that

[[Page 4379]]

since the closing of Subic Bay and Clark Air Force base that Guam then 
became vitally important, even to this day, to the defense of our 
national security interests in this region of the world?
  Ms. BORDALLO. That is correct.
  Mr. FALEOMAVAEGA. I thank the gentlelady.
  And I want to thank my good friend, the gentleman from California, 
for complementing and for supporting this legislation.
  My good friends and Mr. Speaker, this is not a Republican or a 
Democratic bill. It is a bill in the interests of the needs of our 
fellow Americans who suffered tremendous atrocities in the hands of 
Japanese military forces during World War II. And all we're asking here 
is fair, fairness and equity, and for justice to the people of Guam.
  Mr. BISHOP of Utah. Mr. Speaker, it's my pleasure to yield 2 minutes 
to the gentlelady from North Carolina (Ms. Foxx).
  Ms. FOXX. I thank my colleague from Utah.
  Mr. Speaker, you know, I was not aware of this bill until today, and 
I am sure that this is a very worthwhile program and that certainly we 
want to honor the people who have fought to help keep this country 
free; however, I am very concerned about the expenditure of another 
$131 million in addition to the trillions and billions that we are 
recently committing ourselves to.
  I mentioned earlier that I had some young people that I was concerned 
about. There's a little boy in my district by the name of Noah Zenger 
who's having a birthday very soon. And he wanted to come to Washington 
to see the Congress in action, and he brought his brother, Ben, and his 
sisters, Emma and Savannah, with him.
  They are the ones that are going to bear the responsibility for our 
profligate spending here. Where is it going to end? How much debt are 
we going to place on these children and their families?
  American families are hurting and need relief. And yet, we continue 
to engage in out-of-control spending.
  Now, I have to say at least this bill is being debated out in the 
open. It is not like the bills that have been debated or have been 
settled on recently in secret, the Reid-Pelosi secret Congress, which 
has been bringing these very expensive bills to us to vote on. The $1 
trillion stimulus bill that's only going to stimulate more government 
and more debt. There's going to be a half trillion dollar omnibus 
spending bill that's going to fund the government for only 7 months.

                              {time}  1445

  And then we've got this $75 billion bill for the President's mortgage 
bailout proposal. Where is it going to end? We just continue to spend, 
spend, spend.
  Ms. BORDALLO. Mr. Speaker, may I inquire as to how much time is 
remaining on both sides.
  The SPEAKER pro tempore. The gentlelady from Guam has 1\1/2\ minutes, 
and the gentleman from Utah has 12 minutes.
  Ms. BORDALLO. I would like to yield the balance of our time to our 
next speaker, who is the gentleman from Puerto Rico (Mr. Pedro 
Pierluisi).
  Mr. PIERLUISI. Mr. Speaker, I rise in strong support of H.R. 44.
  I want to begin by commending the gentlelady from Guam (Ms. 
Bordallo), who has worked tirelessly for years to steer this important 
bill through the legislative process. Ms. Bordallo's legislation was 
approved by the House in 2007 but was not taken up by the Senate. I 
believe that passage of her bill is long overdue, and I respectfully 
urge my colleagues in both Chambers to support it.
  H.R. 44 will acknowledge the courageous loyalty shown by the U.S. 
nationals of Guam during the Japanese occupation in World War II. 
Chairman Rahall, in remarks delivered several years ago, summarized 
life in occupied Guam in stark terms: ``For more than 2\1/2\ years, 
brutal atrocities were committed against the people of Guam. The 
horrific acts of public beheadings, beatings and rapes were burned into 
the memories of parents and children. And in an island community of 
22,000, everyone knew one another, and so no one escaped the tragedies 
of war-time occupation.''
  Mr. Speaker, this bill is more than a symbolic gesture. It reflects 
the view that solemn speeches about sacrifice and loyalty are nice, and 
they are necessary, but they are not enough. This legislation embodies 
the determination of a grateful Nation to move beyond rhetoric and to 
provide tangible assistance to a relatively small universe of U.S. 
citizens whose bravery and suffering have yet to be adequately 
addressed.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. BISHOP of Utah. If the gentleman from Puerto Rico is not 
complete, I would be happy to yield him 1 minute.
  Mr. PIERLUISI. I will continue.
  Ms. Bordallo's bill would authorize the Federal Government to pay 
compensation to two categories of persons; first, to living Guam 
residents who were seriously injured or interned during the occupation; 
and second, to the surviving family members of those Guam residents who 
were killed or seriously injured in the course of their occupation. The 
eligibility criteria established by the bill are fair and transparent, 
and the amount of compensation prescribed is reasonable.
  Mr. Speaker, H.R. 44 would essentially implement the recommendations 
of the Guam War Claims Review Commission, which was established by the 
Congress. The Review Commission submitted its final report in June 
2004. The report concluded that the war claims process created in 1945 
to compensate the people of Guam was deficient in key respects. The 
Commission observed that many residents of Guam missed the window in 
which to file claims as a result of language barriers, high illiteracy 
rates, and the lack of newspapers and telephones on the island.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. BISHOP of Utah. I yield the gentleman another 30 seconds.
  Mr. PIERLUISI. Thank you so much.
  The Commission recommended that the United States provide additional 
compensation to the two categories of claimants I mentioned earlier.
  Mr. Speaker, it is likely that more pages have been written about 
World War II and its aftermath than any other subject. Today, we have 
an opportunity to write an important new chapter about an aspect of the 
conflict that has not received the attention it deserves.
  I am proud to join Ms. Bordallo in what is clearly a sacred mission 
for her and the good people of Guam and in what ought to be viewed as a 
worthy endeavor by all Americans.
  Mr. BISHOP of Utah. I yield 2 minutes to the gentleman from Tennessee 
(Mr. Roe).
  Mr. ROE of Tennessee. Mr. Speaker, this week the House is scheduled 
to consider the fiscal year 2009 Omnibus Appropriations Act, which is 
going to spend an additional $410 billion. After spending $700 billion 
to bail out Wall Street, another $787 billion for what is supposedly 
stimulus, perhaps supporters of this week's bill just believe that 
spending another $410 billion has lost a lot of its significance and 
will go unnoticed. It cannot and it will not.
  The folks in Tennessee assume that when you spend $2 trillion in just 
discretionary spending--never mind spending on Social Security, 
Medicare and Medicaid--that it gets easier to find some savings and set 
priorities because $2 trillion is a staggering amount of money. I have 
to tell them that, in Congress, the opposite is true; the more you 
spend here, the more difficult it is to set priorities.
  It's time to get our Nation's financial house in order. We can only 
do that by debating the spending package, but once again, it appears we 
will be faced with a take-it-or-leave-it package of priorities that 
will be subject to almost no scrutiny or debate. If we're going to 
restore fiscal responsibility, we must carefully review this package 
and demand that excessive spending be eliminated.
  I thank the general for his service.
  Mr. BISHOP of Utah. May I inquire if there are any other speakers 
that the gentlelady from Guam has.

[[Page 4380]]


  Ms. BORDALLO. I have no further speakers, but I do want to go on 
record to thank you, the gentleman from Utah (Mr. Bishop), for the 
courtesy of giving us extra time on this side. Thank you.
  Mr. BISHOP of Utah. So that we can maintain this in some kind of 
order, I do not have any other speakers. I would just like to say in 
conclusion that we start a process here today which is somewhat strange 
as we enter into this next week. We have eight bills that are coming up 
from our particular committee--seven of which I actually support, 
including this one--and yet we are now committing them over to the 
death now of the Federal graveyard known as the United States Senate, 
where they shall probably languish for the next 2 years, only to be 
resurrected in the 112th session of Congress in some kind of omnibus 
form. We're doing probably the son of S.R. 22 even as we speak.
  However, having said that, I appreciate the words that have been 
spoken about this particular bill.
  And I would be willing, Mr. Speaker, to yield 2 minutes to the 
gentlelady from Guam if she would like to conclude on this debate, and 
then that would be sufficient for me.
  Ms. BORDALLO. I thank the gentleman for yielding me this time.
  I want to take this moment just to read a passage here: ``Why is the 
United States Government, not the Government of Japan, paying for these 
war claims? This may be a question that many would ask. Well, following 
World War II, American nationals and citizens were awarded some 
compensation from the Federal Government for certain war-time losses, 
yet Guamanians were excluded.
  ``In 1945, the United States Congress acknowledged and attempted to 
remedy the needs of Guamanians by passing the Guam Meritorious Claims 
Act within weeks after the cessation of hostilities. The bill was an 
attempt to provide immediate relief to the people of Guam for the 
sacrifices and the sufferings they endured during the Imperial Japanese 
occupation of the island. Unfortunately, the intent of the legislation 
was never fully realized. Then, the United States signed a treaty of 
peace with Japan on September 8, 1951 which precluded American citizens 
from making claims against Japan for war reparations.'' I think that's 
very, very important; it precluded American citizens from making claims 
against Japan for war reparations.
  ``The treaty closed any legal mechanism for seeking redress from the 
Government of Japan. And moreover, bureaucratic bungling of the Guam 
Meritorious Claims Act of 1945, post World War II, hindered many 
Guamanians from receiving the appropriate level of support. Since Guam 
had no representation in Congress until 1973, it was difficult for 
Guamanians to advocate for better implementation of the legislation.''
  So, again, I thought it was important to explain this. Many people 
have asked why isn't Japan responsible for this. And so I thought I 
would include this in the Record, Mr. Speaker. And I urge my colleagues 
to vote for the bill, H.R. 44.
  Mr. ABERCROMBIE. Mr. Speaker, I rise today to support legislation 
that has been introduced by my colleague, Congresswoman Bordallo. H.R. 
44, 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 long and violent 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. These sufferers wanted nothing more than survival and 
liberation under the U.S. flag.
  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. In the 110th Congress, 
the House passed H.R. 1595 under a suspension of the rules but the 
Senate was not able to act on the measure before final adjournment. 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 continues to call for a resolution to this 
open wound and 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. HONDA. Mr. Speaker, as Chair of the Congressional Asian Pacific 
American Caucus, I rise today in support of H.R. 44, the Guam World War 
II Loyalty Recognition Act, which recognizes the great suffering and 
loyalty of the people of Guam during the Japanese occupation of Guam in 
World War II.
  On December 8, 1941, concurrent with the attack on Pearl Harbor, 
Imperial Japanese forces invaded and seized control of the island of 
Guam, a United States Territory. Guam was occupied for the following 
thirty months, during which time its people were subjected to 
executions, beatings, rape, forced labor, and forced marches. In the 
final months of the occupation, all residents were interned in 
concentration camps.
  The Guam Meritorious Claims Act of 1945 provided some relief to 
residents of Guam, but in 2004, the Guam War Claims Review Commission 
determined that there was a lack of parity in war claims for the people 
of Guam compared to other war claims programs authorized by Congress 
for similarly-affected U.S. citizens and U.S. nationals. The Commission 
felt that the U.S. government had a ``moral obligation'' to provide 
redress for the people of Guam, which is the goal of H.R. 44. As an 
original cosponsor of the bill, I support this objective 
wholeheartedly.
  I am proud to honor and recognize the patriotism shown by the people 
of Guam and the sacrifices they made during World War II and I urge my 
colleagues to vote ``yes'' on H.R. 44. This is long-overdue legislation 
to compensate eligible residents of Guam for deaths and injuries 
suffered during the Japanese occupation.
  Mr. SKELTON. Mr. Speaker, let me express my support for H.R. 44, the 
Guam World War 2 Loyalty Recognition Act.
  As my colleagues know, during World War II, the people of Guam 
endured great suffering under the occupation of the military forces of 
the Japanese Empire. H.R. 44 would give appropriate recognition to the 
extraordinary hardships endured by the people of Guam and the loyalty 
they demonstrated to the United States of America during 32 months of 
occupation. The bill would also provide for compensation for the 
victims and relatives of those who suffered and for research, 
education, and media efforts to memorialize the occupation.
  I recently had the opportunity to visit Guam and I was reminded of 
the strategic importance it plays in preserving the security of our 
nation. We must never lose sight of what the people of Guam have done, 
and continue to do, for the United States.
  Mr. BISHOP of Utah. 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. 44.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.

[[Page 4381]]


  Mr. ROE of Tennessee. 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 motion will be 
postponed.

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