MADELEINE Z. BORDALLO
427 Cannon House Office Building
Washington, D.C. 20515-5301
Phone: (202) 225-1188
Fax: (202) 226-0341
November 16, 2009

Dear Mr. Unpingco,

I write to update you on the status of H.R. 44 the "Guam World War II Loyalty Recognition Act." As you know, I was successful in having the full text of H.R. 44 included in the House passed National Defense Authorization Act (NDAA) for Fiscal Year 2010. There was no similar language in the Senate version of the NDAA. Unfortunately, after weeks of negotiations, leaders of the House and Senate Armed Services Committee did not include H.R. 44 in the final defense authorization bill.

During these negotiations, which spanned several weeks, Senator Carl Levin, Chairman of the Senate Armed Services Committee, and Senator John McCain, Ranking Republican Member of the Senate Armed Services Committee, raised concerns about keeping Guam war claims in the final defense authorization bill. Their objections focused on the precedent that might be set for future defense authorization bills if Guam war claims remained in this year's final defense bill, which I asserted was not an issue and was in line with the recommendations of the non-partisan Guam War Claims Review Commission. Chairman Levin and Ranking Member McCain offered to keep war claims in the final defense bill only if claims were awarded solely to those killed during the war and to living survivors of the occupation, which was a position that I did not accept.

Chairman Levin and Ranking Member McCain did offer a compromise offering that the House Armed Services Committee and the Senate Armed Services Committee hold hearings on H.R. 44. Additionally, I received a commitment that H.R. 44 will again be addressed in the National Defense Authorization Act for Fiscal Year 2011 if it has not been resolved by other legislative means in the Senate by next year.

While I am disappointed that H.R. 44 was not included in the final Defense Authorization bill, the compromise that was reached allows another opportunity to bring closure to this issue by next year. I believe that hearings on H.R. 44 would allow the Senate's concerns to be aired openly, and help build momentum for its final passage. We continue to have the support of the Obama Administration, House leadership and the community. I have formally sent in requests to hold a hearing on both the House and Senate side on H.R. 44 and continue working with my colleagues to finally resolve this important issue.

I want to thank you for the work that you have done to mobilize our community.

Sincerely,
/s/
MADELEINE Z. BORDALLO
Member of Congress

It is important to note that Senators McCain and Levin claim a bad precedent for attaching an amendment to the Defense Appropriation, yet compensation to the Philippine Scouts was attached to the Stimulus Bill.http://www.npr.org/templates/story/story.php?storyId=101024302

In addition, the heirs of deceased Japanese Americans wrongfully interned in the US were permitted to receive reparations from the United States. http://law.justia.com/us/codes/title50a/50a_69_1_1_.html

The question is, why were Senators McCain and Levin claiming that bad precedent would be established when the precedent already existed?

Therefore we are continuing to gather signatures to support the Guam WWII Loyalty Recognition Act. Those of you who have already signed this petition, please do not sign again, but get your relatives and friends to sign.

All of you who have signed the petition please call and email the above referenced Senators and tell them you are voters and support HR44. Email your Senators at:

http://www.senate.gov/general/contact_information/senators_cfm.cfm

and your House Representatives at:

https://writerep.house.gov/writerep/welcome.shtml

Please also send your emails to the Senators below.

In addition is urgent that you get your friends, relatives and others to sign this petition. We have 1366 signatures. WE NEED MORE SIGNATURES!!!