Daniel Inouye

Mr. INOUYE

Mr. INOUYE. Mr. President, for nearly 3 years, the people of Guam endured war time atrocities and suffering. As part of Japan's assault against the Pacific, Guam was bombed and invaded by Japanese forces within 3 days of the infamous attack on Pearl Harbor. At that time, Guam was administered by the United States Navy under the authority of a Presidential Executive order. It was also populated by then American nationals. For the first time since the War of 1812, a foreign power invaded United States soil. In 1952, when the United States signed a peace treaty with Japan, formally ending World War II, it waived the rights of American nationals, including those of Guamanians, to present claims against Japan. As a result of this action, American nationals were forced to seek relief from the Congress of the United States. Today, I rise to introduce the Guam War Restitution Act, which would amend the Organic Act of Guam and provide restitution to those who suffered atrocities during the occupation of Guam in World War II. There are several key components to this measure. The Restitution Act would establish specific damage awards to those who are survivors of the war, and to the heirs of those who died during the war. The specific damage awards would be as follows: First, $20,000 for death; second, $7,000 for personal injury; and third, $5,000 for forced labor, forced march, or internment. The Restitution Act would also establish specific damage benefits to the heirs of those who survived the war, who made previous claims but have since died. The specific damage benefits would be as follows: First, $7,000 for personal injury; and second, $5,000 for forced labor, forced march, or internment. Payments for benefits may either be in the form of a scholarship, payment of medical expenses, or a grant for first-time home ownership. This act would also establish a Guam trust fund from which disbursements will be made. Any amount left over in the Fund would be used to establish the Guam World War II Loyalty Scholarships at the University of Guam. A nine-member Guam Trust Fund Commission would be established to adjudicate and award all claims from the Trust Fund. The United States Congress previously recognized its moral obligation to the people of Guam and provided reparations relief by enacting the Guam Meritorious Claims Act on November 15, 1945 (Public Law 79-224). Unfortunately, the Claims Act was seriously flawed and did not adequately compensate Guam after World War II. The Claims Act primarily covered compensation for property damage and limited compensation for death or personal injury. Claims for forced labor, forced march, and internment were never compensated because the Claims Act excluded these from awardable injuries. The enactment of the Claims Act was intended to make Guam whole. The Claims Act, however, failed to specify postwar values as a basis for computing awards, and settled on prewar values, which did not reflect the true postwar replacement costs. Also, all property damage claims in excess of $5,000, as well as all death and injury claims, required congressional review and approval. This action caused many eligible claimants to settle for less in order to receive timely compensation. The Claims Act also imposed a 1-year time limit to file claims, which was insufficient as massive disruptions still existed following Guam's liberation. In addition, English was then a second language to a great many Guamanians. While a large number spoke English, few could read it. This is particularly important since the Land and War Claims Commission required written statements and often communicated with claimants in writing. The reparations program was also inadequate because it became secondary to overall reconstruction and the building of permanent military bases. In this regard, the Congress enacted the Guam Land Transfer Act and the Guam Rehabilitation Act (Public Laws 79-225 and 79-583) as a means of rehabilitating Guam. The Guam Land Transfer Act provided the means of exchanging excess Federal land for resettlement purposes, and the Guam Rehabilitation Act appropriated $6 million to construct permanent facilities for the civic populace of the island for their economic rehabilitation. Approximately $8.1 million was paid to 4,356 recipients under the Guam Meritorious Claims Act. Of this amount, $4.3 million was paid to 1,243 individuals for death, injury, and property damage in excess of $5,000, and $3.8 million to 3,113 recipients for property damage below $5,000. On June 3, 1947, former Secretary of the Interior Harold Ickes testified before the House Committee on Public Lands relative to the Organic Act, and strongly criticized the Department of the Navy for their ``inefficient and even brutal handling of the rehabilitation and compensation and war damage tasks.'' Secretary Ickes termed the procedures as shameful results. In addition, a committee known as the Hopkins Committee was established by former Secretary of the Navy James Forrestal in 1947 to assess the Navy's administration of Guam and American Samoa. An analysis of the Navy's administration of the reparation and rehabilitation programs was provided to Secretary Forrestal in a March 25, 1947 letter from the Hopkins Committee. The letter indicated that the Department's confusing policy decisions greatly contributed to the programs' deficiencies and called upon the Congress to pass legislation to correct its mistakes and provide reparations to the people of Guam. In 1948, the United States Congress enacted the War Claims Act of 1948 (Public Law 80-896), which provided reparation relief to American prisoners of war, internees, religious organizations, and employees of defense contractors. The residents of Guam were deemed ineligible to receive reparations under this Act because they were American nationals and not American citizens. In 1950, the United States Congress enacted the Guam Organic Act (81-630), granting Guamanians American citizenship and a measure of self-government. The Congress, in 1962, amended the War Claims Act to provide for claimants who were nationals at the time of the war and who became citizens. Again, the residents of Guam were specifically excluded. The Congress believed that the residents of Guam were provided for under the Guam Meritorious Claims Act. At that time, there was no one to defend Guam, as they had no representation in Congress. The Congress also enacted the Micronesian Claims Act for the Trust Territory of the Pacific Islands, but again excluded Guam in the settlement. In 1988, the now inactive Guam War Reparations Commission documented 3,365 unresolved claims. There are potentially 5,000 additional unresolved claims. In 1946, the United States provided over $390 million in reparations to the Philippines, and over $10 million to the Micronesian Islands in 1971 for atrocities inflicted by Japan. In addition, the United States provided over $2 billion in postwar aid to Japan from 1946 to 1951. Further, the United States government liquidated over $84 million in Japanese assets in the United States during the war for the specific purpose of compensating claims of its citizens and nationals. The United States did not invoke its authority to seize more assets from Japan under Article 14 of the Treaty of Peace, as other Allied Powers had done. The United States, however, did close the door on the claims of the people of Guam. A companion measure to my bill, H.R. 2200, was introduced in the House of Representatives by Representative Robert Underwood. The issue of reparations for Guam is not a new one for the people of Guam and for the United States Congress. It has been consistently raised by the Guamanian government through local enactments of legislative bills and resolutions, and discussed with congressional leaders over the years. The Guam War Restitution Act cannot fully compensate or erase the atrocities inflicted upon Guam and its people during the occupation by the Japanese military. However, passage of this Act would recognize our Government's moral obligation to Guam, and bring justice to the people of Guam for the atrocities and suffering they endured during World War II. I urge my colleagues to support this measure. Mr. President, I ask unanimous consent that the text of my bill be printed in the Record.

Mr. INOUYE

Mr. INOUYE. Mr. President, it was a sad day in our Nation's history, and more significantly, to its southernmost territory in the South Pacific, the islands of Tutuila and Manu'a known also as American Samoa, when a grand lady, a woman of great courage, a long-time educator, passed away peacefully in Honolulu, HI, on June 13, 1997. She was the late Hon. Seuva'ai Mere Tuiasosopo-Betham, former associate judge of the high court of American Samoa and former director of the American Samoa Department of Education. She was 65 years of age. ``Mere'' as she was popularly known, was born to the late High Chief Orator Mariota Tiumalu Tuiasosopo I of Vatia who was one of the signatories of the Deed of Cession between the islands of Tutuila and Manu'a and the United States of America in 1900. Her mother was the late Venise Pulefa'asisina-Tuiasosopo of the village of Amanave. During the islands' naval administration in 1950, Mere graduated as the only female out of 16 students in the first graduating class of the Amerika Samoa High School. High Chief Orator Tuiasosopo, a staunch educator and an influential person in Mere's life, who firmly believed in the vast opportunities offered by the new mother country, encouraged his daughter to study abroad. She attended Geneva College in Pennsylvania and experienced the lessons of life to persevere and be disciplined while thousands of miles away from her home in the South Pacific. After becoming one of the first Samoans ever to successfully complete college in 1954 and earning her teaching credentials, Mere returned to Samoa upon her parents wishes and delved into education, becoming one of the first teachers in the American Samoan educational system. Over four decades, Mere dedicated her life to the teaching of Samoan students. She began as a classroom teacher, then an adviser, a vice principal, a principal, and eventually rose to the prestigious position of assistant director of the Department of Education at a time when very few Samoans held administrative positions in government and the territory's chief executive was still appointed by the Secretary of Interior. In 1978, when American Samoa elected its first Samoan Governor, Mere was appointed as the first Samoan female to hold a cabinet office serving as director of the Education Department. Since the inception of formal education in American Samoa, Mere's name has been synonymous with its development. She initiated the local capacity building concept that involved efforts for staff development and the bilingual/bicultural education which consolidated the best in both Samoan and Western curricula. Her local capacity building grew out of the need to upgrade the total teaching force in American Samoa which was nearly 90 percent Samoan. She once said, that, . . . for every child to be able to learn well, he must be taught well . . . our people are our greatest and only valuable natural resource, it is imperative that we invest heavily in their development at all levels. In doing so, we invest in our country's future stability, growth, health and security. Inherent in Mere's insistence on local capacity building was her conviction that the only way citizens in a developing country like Samoa can ensure their survival amidst the influxes of the Western world, was to remain the masters of their land and development, and continue to reaffirm confidence in their ability to determine their own destiny. It is also the mechanism, she believed, the Samoan culture and American democracy could merge enabling Samoans to continue to live in peace and harmony. Mere's conceptualization, development, and materialization of the bilingual/bicultural educational system of American Samoa was an innovative approach to reconcile the fervent desire of Samoans to maintain their identity as a cultural entity while educating their people to meet the demands of the Western world. She held this notion for nearly 40 years and firmly ingrained it in all of her students, many of whom attest to the immense influence this great Samoan lady has had in their lives. Mrs. Betham received numerous awards as a leading educator in the Pacific. She received the Samoan Educator of the Year award presented to her by former U.S. Secretary of Education, Dr. Terrell H. Bell. He thanked her for her efforts to improve educational opportunities in the Pacific Basin saying, ``Progress in education (reform) depends most of all on the activities of leaders in each of our states and territories, and your example to the people of American Samoa has been bright * * *'' In 1991, Mere was appointed to the all-male high court of American Samoa which included seven Samoan associate judges who dealt mainly with land and ``matai'' [chieftain] title laws. Her wisdom and knowledge of the ``fa'a-Samoa'' [Samoan culture] was fiercely sought by many of the territory's leaders to help preserve the integrity and uniqueness of their Samoan heritage at the same time dispensing American justice. As part of the criteria of being an associate judge, Mere was initiated into her village's ``Nu'u o Ali'i,'' the council of chiefs, traditionally all-male in most Samoan villages. She was bestowed the Talking Chief title ``Seuva'ai,'' descriptive of one surging forward with determination but cognizant of her native surroundings and what the benefits will be to everyone. Mere epitomized the true legacy of an educator, who throughout her lifetime set precedents for Samoan people and especially for Pacific island women, teaching by example. As her island home developed under the guidance of the United States of America for almost a century now, she never forgot her role as an educated Samoan to maintain her indigenous culture. Judge Betham is survived by her husband of over 40 years, James ``Rusty'' M. Betham, five of her six children, five grandchildren, her 83-year-old mother-in-law, a number of brothers and sisters, and a large extended family in her native Samoa and the world over. She will be missed by all those who knew and loved her.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise today to join my distinguished colleague, Senator John McCain, as a co-sponsor of legislation to amend the Indian Gaming Regulatory Act of 1988. It is my understanding that this measure is substantially identical in most respects to the bill, S. 487, that was reported by the Committee on Indian Affairs in the last session of the Congress. Mr. President, over the years, in our various capacities as Members, chairman, and vice chairman of the Committee on Indian Affairs, Senator McCain and I have worked together on the complex and challenging issues which have typically loomed large on the horizons of Indian gaming. We have learned, from sometimes bitter experience, that in this arena, one most definitely cannot satisfy even some of the people some of the time--but we have continued to explore a range of solutions that might hold the potential for finding acceptance amongst the relevant parties in interest. Mr. President, it is my hope that in the days ahead, the chairman of the Indian Affairs Committee and I will be able to introduce a measure to amend the Indian Gaming Regulatory Act that will build upon this initiative, and the work that the Indian Affairs Committee has been engaged in--over the last 7 months. We are in the process of updating some of the provisions of the 1988 act--as well as identifying areas that may require a whole new approach. In the interim, of this we can be certain--there will be much discussion and a renewed round of debate on the merits of the measure that is being introduced today--but I commend my colleague for his continuing commitment to Indian country, and his efforts to address some of the more challenging issues of our times.

Mr. INOUYE

Mr. INOUYE. Mr. President, I rise today to join my distinguished colleague, Senator John McCain, as a co-sponsor of legislation to amend the Indian Gaming Regulatory Act of 1988. It is my understanding that this measure is substantially identical in most respects to the bill, S. 487, that was reported by the Committee on Indian Affairs in the last session of the Congress. Mr. President, over the years, in our various capacities as Members, chairman, and vice chairman of the Committee on Indian Affairs, Senator McCain and I have worked together on the complex and challenging issues which have typically loomed large on the horizons of Indian gaming. We have learned, from sometimes bitter experience, that in this arena, one most definitely cannot satisfy even some of the people some of the time--but we have continued to explore a range of solutions that might hold the potential for finding acceptance amongst the relevant parties in interest. Mr. President, it is my hope that in the days ahead, the chairman of the Indian Affairs Committee and I will be able to introduce a measure to amend the Indian Gaming Regulatory Act that will build upon this initiative, and the work that the Indian Affairs Committee has been engaged in--over the last 7 months. We are in the process of updating some of the provisions of the 1988 act--as well as identifying areas that may require a whole new approach. In the interim, of this we can be certain--there will be much discussion and a renewed round of debate on the merits of the measure that is being introduced today--but I commend my colleague for his continuing commitment to Indian country, and his efforts to address some of the more challenging issues of our times.

Mr. INOUYE

Mr. INOUYE. Mr. President, I intend to work with Senator Hutchison on separate authorizing legislation, and also agree with this proposed course of action.

Mr. INOUYE

Mr. INOUYE. Mr. President, I move to reconsider the vote by which the amendment was agreed to.

Mr. INOUYE. I ask unanimous consent.

Mr. INOUYE. No objection.

Mr. INOUYE. Mr. President, I move to reconsider the vote.

Mr. INOUYE. Mr. President, I move to reconsider the vote.

Mr. INOUYE. Mr. President, 40 years ago the United States shipping interests controlled the Mediterranean. Most of the cruise ships in the Mediterranean, if I may remind my colleagues, were made in the United States. They had crews of American sailors, and we carried passengers not only from the United States but all over the world. At the same time, we also dominated and controlled the cruise ship industry in the Caribbean. The same is true in the Pacific. For that matter, 40 years ago the United States shipping interests sailed the seven seas and controlled the seven seas. Today, we have one company that has one cruise ship. No shipyard has ever made a cruise ship since 1956. That is 40 years. For 40 years, our shipyards have not built a cruise ship. Today, we have one, an old ship. And what is the situation? The fastest growing part of the tourist industry of the world is cruise ships. We see that on television every night, every 30 minutes on just about every channel--love boats, holiday boats, and most of the passengers are American. These cruise ships are built in foreign shipyards, and they are manned by foreign sailors. It may interest you to know that just last week the Wall Street Journal reported that cruise ship workers on foreign flag vessels work between 16 to 18 hours a day and get paid by the cruise lines about $1.50 a day before tips--$1.50 a day before tips. That is their take- home pay because the cruise ship owner says, well, he has a free bunk; we give him three meals a day. This is gravy for him, $1.50 a day. That is why we cannot compete with them. We insist that all of our ships maintain the highest health standards. Wage and hour provisions that apply here in the Nation's Capital will apply on cruise ships manned by Americans. The cruise ships operating in the Hawaiian waters today pay not minimum wage but union declared wages. They are much, much higher than union wage, and they get paid more than $1.50 an hour. Many of us felt that the time had come to stop this, to reinvigorate the industry, and we came up with this plan. This plan reminds us of what happened to the United States in World War II--for that matter in World War I--the Korean conflict, and even in Vietnam. Since we do not have a fleet of troop carriers, we have always had to call upon private shipowners to come forth with their passenger vessels, convert them into troop carriers, and sail the seven seas. Mr. President, as a young man of 18, I crossed the Pacific on a luxury cruise ship which was converted into a troop carrier. Going across the Atlantic, I am sorry to say, it was not a cruise ship; it was a tanker, but there were many other cruise ships in operation at that time. This program, the Meritech Program, has been authorized. It has been operational. And up until now they have come up with plans on how to bring about the construction by private industry of passenger vessels that can be converted for defense purposes if the need should arise. This provision in this bill is to implement those plans. I can assure you, if the Senator from Arizona wishes, we will put in clear language that says this ship will be built with private funds. I can assure one and all that if this will satisfy my friend from Arizona, I would like this language put in the appropriate place: ``Provided further, that none of the funds provided in this or any other act may be obligated for the construction of vessels addressed by this section.'' If it is appropriate, I ask that this provision be made part of the bill before us.

Mr. INOUYE. That is the intent of the language. I believe the language is clear.

Mr. INOUYE. Mr. President, parliamentary inquiry. Does it mean that the McCain amendment is set aside?

Mr. INOUYE. Mr. President, I also thank the distinguished Senator from Pennsylvania. Telemedicine, particularly those initiatives focused on emergency and trauma care are essential for the highest quality medical care for our troops. I too look forward to working with the Senator from Pennsylvania in conference.

Mr. INOUYE. Mr. President, I say to my colleague from Connecticut that I believe that President Clinton, Vice President Gore, and others in this administration care deeply about environmental issues. Clearly the United States cannot resolve every environmental problem that exists in every part of the globe. However, under the circumstances, given the special relationship between the United States and Bermuda, it is particularly appropriate for the Secretary of Defense to study this problem and report back to the relevant committees. I will look forward to reading that report.

Mr. INOUYE. Mr. President, I say to my distinguished colleague from Connecticut that I am aware of matters related to the bases in Bermuda. I know, for example, that the bases in Bermuda very effectively contributed to United States. national security during World War II and throughout the cold war. I am also aware that with changed world circumstances, it became clear during the 1990's, that it was no longer necessary for the U.S. military to continue to maintain bases there. And, on September 1, 1995, U.S. military forces formally withdrew from the island. Certainly it seems very logicial for the Secretary of Defense to be asked to look into matters related to our presence there.

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. INOUYE. The Presiding Officer is correct.

Mr. INOUYE. We find no objection to the amendment. Mr. STEVENS addressed the Chair.

Mr. INOUYE. Mr. President, I move to reconsider the vote.

Mr. INOUYE. We concur. THE PRESIDING OFFICER. If there be no further debate, the question is on agreeing to the amendment.

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 858 (Purpose: To express the sense of the Senate regarding DOD printing costs)

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 856, As Modified

Mr. INOUYE

Mr. INOUYE. Mr. President, I commend my chairman, the distinguished Senator from Alaska, for his extraordinary brilliance in managing the bill before us, and to commend Mr. Steve Cortese and Mr. Charles Houy for assisting us in this happy journey.

Mr. INOUYE. I move to lay that motion on the table. The motion to lay on the table was agreed to.