[Congressional Record (Bound Edition), Volume 161 (2015), Part 1]
[Extensions of Remarks]
[Page 89]
[From the U.S. Government Publishing Office, www.gpo.gov]




               GUAM WORLD WAR II LOYALTY RECOGNITION ACT

                                  _____
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                        Tuesday, January 6, 2015

  Ms. BORDALLO. Mr. Speaker, today I have introduced 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 ten years ago, I have introduced a version of this 
legislation in each Congress. Over the last several Congresses, H.R. 44 
passed the House on five separate occasions.
  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 text that I introduce in this Congress addresses concerns that 
have been raised about the legislation. First, the text reflects a 
compromise that was reached with the Senate when they considered the 
legislation as a provision of the National Defense Authorization Act 
for Fiscal Year 2011. That compromise removes payment of claims to 
heirs of survivors who suffered personal injury during the enemy 
occupation. The bill continues to provide payment of claims to 
survivors of the occupation as well as to heirs of citizens of Guam who 
died during the occupation. The compromise continues to uphold the 
intent of recognizing the people of Guam for their loyalty to the 
United States during World War II.
  Further, the bill that I introduce today contains an offset for the 
estimated cost of the bill. I understood the concerns express by some 
of my colleagues in a July 14, 2011 hearing on this legislation. My 
colleagues expressed concern that there was no offset to pay for the 
cost of the bill. Guam war claims has a very simple offset that will 
pay for the cost of the legislation over time. The bill would be paid 
by section 30 funding remitted to Guam through the U.S. Department of 
Interior at any level above section 30 funds that were remitted to Guam 
in fiscal year 2012. With the impending relocation of Marines from 
Okinawa to Guam as well as additional Navy and Air Force personnel 
relocating to Guam it is expected that Guam will receive additional 
section 30 funds. Claims would then be paid out over time based off the 
additional amounts that were made available in any given year. Not only 
does this offset address payment of claims but it only impacts my 
jurisdiction and is a credible source of funding that will ensure that 
claims will be paid. Moreover, the Congressional Budget Office (CBO) 
indicates in Senate report 113-146 that accompanied S. 1237, the 
Omnibus Territories Act of 2012, that the offset ensures the bill would 
not cost the federal government additional funds. Specifically it 
states, ``any such future payments due to Guam that exceed the amount 
paid in 2012 would instead be paid to a new U.S. Treasury fund that 
would be available to make compensation payments. CB0 estimates that 
the collection and spending of those funds would have no significant 
net impact on direct spending over the 2015-2024 period.'' 
Congressional passage of this bill has a direct impact on the future 
success of the military buildup. 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 the 
Senate and fiscal conservatives in the House of Representatives. 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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