[Pages S2982-S2986]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

By Mr. THOMAS (for himself, Mr. Enzi, Mr. Thurmond, Mr. Helms,
Mr. Hagel, and Mr. Smith of Oregon):
S. 1903. A bill to prohibit the return of veterans memorial objects
to foreign nations without specific authorization in law; to the
Committee on Veterans Affairs.

the veterans memorial physical integrity act of 1998

Mr. THOMAS. Mr. President, I come to the floor today to introduce S.
1903, a bill to prohibit the return to a foreign country of any portion
of a memorial to American veterans without the express authorization of
Congress.
I would not have thought that a bill like this was necessary, Mr.
President. It would never have occurred to me that an American
President would even briefly consider dismantling part of a memorial to
American soldiers who died in the line of duty in order to send

[[Page S2983]]

a piece of that memorial to a foreign country. But a real possibility
of just that happening exists in my state of Wyoming involving what are
known as the ``Bells of Balangiga.''
In 1898, the Treaty of Paris brought to a close the Spanish-American
War. As part of the treaty, Spain ceded possession of the Philippines
to the United States. At about the same time, the Filipino people began
an insurrection in their country. In August 1901, as part of the
American effort to stem the insurrection, a company of 74 officers and
men from the 9th Infantry, Company G, occupied the town of Balangiga on
the island of Samar. These men came from Ft. Russell in Cheyenne,
Wyoming--today's F.E. Warren Air Force Base.
On September 28 of that year, taking advantage of the preoccupation
of the American troops with a church service for the just-assassinated
President McKinley, a group of Filipino insurgents infiltrated the
town. Only three American sentries were on duty that day. As described
in an article in the November 19, 1997 edition of the Wall Street
Journal:

Officers slept in, and enlisted men didn't bother to carry
their riffles as they ambled out of their quarters for
breakfast. Balangiga had been a boringly peaceful site since
the infantry company arrived a month earlier, according to
military accounts and soldiers' statements. The quiet ended
abruptly when a 23 year old U.S. sentry named Adolph Gamlin
walked past the local police chief. In one swift move, the
Filipino grabbed the slightly built Iowan's rifle and smashed
the butt across [Gamlin's] head. As PFC Gamlin crumpled, the
bells of Balangiga began to peal.
With the signal, hundreds of Filipino fighters swarmed out
of the surrounding forest, armed with clubs, picks and
machete-like bolo knives. Others poured out of the church;
they had arrived the night before, disguised as women
mourners and carrying coffins filled with bolos. A sergeant
was beheaded in the mess tent and dumped into a vat of
steaming wash water. A young bugler was cut down in a nearby
stream. The company commander was hacked to death after
jumping out a window. Besieged infantrymen defended
themselves with kitchen forks, mess kits and baseball bats.
Others threw rocks and cans of beans.
Though he was also slashed across the back, PFC.
. . Gamlin came to and found a rifle. By the time he and the other
survivors fought their way to the beach, 38 US soldiers were dead and
all but six of the remaining men had been wounded.

The remaining soldiers escaped in five dug-out canoes. Only three
boats made it to safety on Leyte. Seven men died of exposure at sea,
and another eight died of their wounds; only twenty of the company's
seventy-four members survived.
A detachment of fifty-four volunteers from 9th Infantry units
stationed at Leyte returned to Balangiga and recaptured the village.
They were reinforced a few days later from Companies K and L of the
11th Infantry Regiment. When the 11th Infantry was relieved on October
18 by Marines, the 9th Infantry took two of the church bells used to
signal the attack with them back to Wyoming as a memorial to the fallen
soldiers.
The bells have been displayed in front of the base flagpole on the
central parade grounds since that time. The bells were placed in two
openings in a large, specially-constructed masonry wall with a bronze
plaque dedicating the memorial to the memory of the fallen soldiers.
Since at least 1981, there have been on-and-off discussions in
various circles in Cheyenne, Washington, and Manila about the future of
the bells, including the possibility of returning them to the
Philippines. Most recently, the Philippine government--having run into
broad opposition to their request to have both bells returned to them--
has proposed making a copy of both bells, and having both sides keep
one copy and one original.
Opposition to this proposal from local and national civic and
veterans groups has been very strong. Mr. President, I ask unanimous
consent that the text of a letter from the national office of the
Veterans of Foreign Wars dated January 6, 1998; from the VFW's
Department of Wyoming dated December 5, 1997; and from the United
Veterans Council of Wyoming dated March 27, 1998; be printed in the
Record.
The PRESIDING OFFICER. Without objection.
Mr. THOMAS. Mr. President, in the last few months, developments have
indicated to me that the White House is seriously contemplating
returning one or both of the bells to the Philippines. This year marks
the 100th anniversary of the Treaty of Paris, and a state visit by
President Fidel Valdes Ramos--his last as President--to the United
States has been planned for this month. The disposition of the bells
has been high on President Ramos' agenda; he has spoken personally to
President Clinton and several members of Congress about it over the
last three years, and has indicated he will do so on this visit. Since
January, the Filipino press has included almost weekly articles on the
bells' supposed return, including one in the Manila Times last week
which reported that a new tower to house the bells is being constructed
in Borongon, Samar, to receive them in May.
In addition, inquiries to me from various agencies of the
Administration soliciting the opinion of the Wyoming congressional
delegation on the issue have increased in frequency. I have also
learned that the Defense Department, perhaps in conjunction with the
Justice Department, has recently prepared a legal memorandum outlining
its opinion of who actually controls the disposition of the bells.
In response to this apparent groundswell, the Wyoming congressional
delegation wrote a letter to President Clinton on January 9 of this
year to make clear our opposition to removing the bells. Mr. President,
I ask unanimous consent that the text of that letter be inserted in the
Record.
The PRESIDING OFFICER. Without objection.
Mr. THOMAS. Mr. President, in response to that letter, on March 26 I
received a letter from Sandy Berger of the National Security Council
which I think is perhaps the best indicator of the direction the White
House is headed on this issue. Mr. President, I ask unanimous consent
that the text of that letter be inserted in the Record.
THE PRESIDING OFFICER. Without objection.
MR. THOMAS. Mr. President, I cannot fathom that this issue has gotten
to this point. First, it is very evident to me that the Constitution
precludes the President from returning the bells without Congressional
assent. Article IV, section 3, clause 2 provides: ``The Congress shall
have Power to dispose of and make all needful Rules and Regulations
respecting . . . Property belonging to the United States.'' The bells
are certainly property of the United States as contemplated by this
clause, and thus clearly can only constitutionally be disposed of by
Congress--not by the President.
Second, I was amazed to find, even in these days of political
correctness and revisionist history, that a U.S. President--our
Commander-in-Chief--would appear to be ready to ignore the wishes of
our veterans and tear down a memorial to U.S. soldiers who died in the
line of duty in order to send part of it back to the country in which
they were killed. Amazed, that is, until I recalled this President's
fondness for sweeping apologies and what some might view as flashy P.R.
gestures, as most recently evidenced by his Africa trip.
Third, I was amazed to learn that during a state visit when our two
countries should be discussing the on-going Asian financial crisis and
its ramifications, East Asian security issues, and other issues of
long-range significance, President Ramos has proposed discussing only
three topics, all parochial: the bells, pension payments to Filipino
veterans, and a Subic Bay-related waste issue. Amazed, that is Mr.
President, until I was reminded that the candidate President Ramos is
supporting in the upcoming presidential elections is running in third
place in the polls and might just get a much-needed boost if his mentor
could return from Washington with a bell or a check from the U.S.
Treasury in hand.
Mr. President, to the veterans of Wyoming, and the United States as a
whole, the bells represent a lasting memorial to those fifty-four
American soldiers killed as a result of an unprovoked insurgent attack
in Balangiga on September 28, 1901. In their view, which I share, any
attempt to remove either or both of the bells--and in doing so actually
physically dismantling a war memorial--is a desecration of that memory.
History brought the bells to Wyoming, and it is there they should
remain.
Consequently, I am introducing S. 1903 today to protect the bells and

[[Page S2984]]

similar veterans memorials from such an ignoble fate. The bill is not
complicated, and in my view simply restates what already appears in
black and white in the Constitution; it prohibits the transfer of a
veterans memorial, or any portion thereof, to a foreign country or
government unless specifically authorized by law.
The bill is supported by all of Wyoming's veterans groups, and I am
pleased to be joined in this effort by my good friend and colleague
from Wyoming Senator Enzi, as well as by the distinguished Chairman of
the Armed Services Committee, Senator Thurmond; the distinguished
Chairman of the Foreign Relations Committee, Senator Helms; and my
fellow subcommittee Chairmen on the Foreign Relations Committee Senator
Hagel and Senator Smith of Oregon, as original cosponsors.
Representative Barbara Cubin is introducing similar legislation today
in the House. I trust that my colleagues will support its swift
passage.
Mr. President, I ask unanimous consent that the full text of this
bill be printed in the Record.
There being no objection, the items were ordered to be printed in the
Record, as follows:

S. 1903

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. PROHIBITION ON RETURN OF VETERANS MEMORIAL OBJECTS
WITHOUT SPECIFIC AUTHORIZATION IN LAW.

(a) Prohibition.--Notwithstanding any other provision of
law, the President may not transfer a veterans memorial
object to a foreign country or entity controlled by a foreign
government, or otherwise transfer or convey such object to a
person or entity for purposes of the ultimate transfer or
conveyance of such object to a foreign country or entity
controlled by a foreign government, unless specifically
authorized by law.
(b) Definitions.--In this section:
(1) Entity controlled by a foreign government.--The term
``entity controlled by a foreign government'' has the meaning
given that term in section 2536(c)(1) of title 10, United
States Code.
(2) Veterans memorial object.--The term ``veterans memorial
object'' means any object, including a physical structure or
portion thereof, that--
(A) is located at a cemetery of the National Cemetery
System, war memorial, or military installation in the United
States;
(B) is dedicated to, or otherwise memorializes, the death
in combat or combat-related duties of members of the United
States Armed Forces; and
(C) was brought to the United States from abroad as a
memorial of combat abroad.
____

Veterans of Foreign Wars of

the United States,

January 6, 1998.
Hon. Douglas K. Bereuter,
Chairman, East Asia Subcommittee, Committee on International
Relations, U.S. House of Representatives, Washington, DC.
RE: Bells of Balangiga
Dear Mr. Chairman: Recently, we learned that Mr. Robert
Underwood, U.S. Representative from Guam, has introduced
House Resolution 312 urging the President to authorize the
transfer of ownership of one of the Bells of Balangiga to the
Philippines. In brief, the Bells of Balangiga, which serve as
a war memorial to U.S. Army soldiers killed by insurgents in
the Philippines in 1901, are located at E.E. Warren Air Force
Base in Cheyenne, Wyoming. The proposal of the Philippine
Ambassador to return one of the bells to the Philippines is
opposed by veterans and the supporting community in Wyoming.
Although the 98th National Convention of the Veterans of
Foreign Wars of the United States did not adopt a Resolution
on this issue, the VFW does have a position on the Bells of
Balangiga. After carefully reviewing the history and
background of the issue involving the Bells of Balangiga, the
VFW opposes and rejects any compromise or agreement with the
government of the Philippines which would result in the
return of any of the Bells of Balangiga to the Philippines.
The church bells were paid for with American blood in 1901
when they were used to signal an unprovoked attack by
insurrectionists against an American Army garrison which
resulted in the massacre of 45 American soldiers. The Bells
serve is a permanent memorial to the sacrifice of the
American soldiers from Fort D.A. Russell (Wyoming) who gave
their lives for their country while doing their duty. We do
not think any of the bells should be given back to the
Philippines. To return the bells sends the wrong message to
the world. In addition, local Wyoming veterans and other
citizens are opposed to dismantling the sacred monument and
returning any part of it to the Philippines.
In the past several years, the Philippine Government has
made several attempts to get the Bells of Balangiga returned
to their country. To date, they have not been successful in
any their attempts to get the bells returned. For the past 95
years, two of the bells have been enshrined at Fort Russell/
Warren AFB in Wyoming. The third is with the U.S. Army's 9th
Infantry in the Republic of Korea.
Recently, Philippine President Fidel Ramos ordered his
United States Ambassador, Paul Rabe, to step up his effort on
the bells hoping to have them returned in time for next
summer's celebration of 100 years of Philippine independence.
In October 1997, Ambassador Paul Rabe suggested a compromise
solution. He suggested returning one of the bells to the
Philippines thereby giving both nations an original and the
opportunity to make a replica. In fact, the justification for
the latest proposal of the Philippine government is fatally
flawed. The Bells of Balangiga played no part at all in
Admiral Dewey's defeat of the Spanish Navy at Manila Bay in
1898. Subsequently, that naval defeat forced the Spanish to
relinquish control of the Philippine Islands to the U.S. The
soldiers killed were from Fort D.A. Russell and were ordered
to the Philippine Islands because a savage guerrilla war had
broken out after the conclusion of the Spanish-American War
of 1898. Therefore, we believe the bells have no significance
or connection to the celebration of Philippine independence.
Kenneth Weber, Commander of the VFW Department of Wyoming,
expressed the feelings of local Wyoming veterans and
supporters when he said, ``The members of the Veterans of
Foreign Wars of the United States . . . will not stand idle
and allow a sacred memorial to those soldiers killed while
doing their duty to be dismantled.''
We believe the Wyoming veterans are correct on this issue.
The bells should stay right where they are--in Wyoming and
with the 9th Regiment.
Respectfully,
Kenneth A. Steadman, Executive Director.
____

VFW, Department of Wyoming

December 5, 1997.
Kenneth Weber,
Torrington, WY.
The VFW Department of Wyoming is making the following
statement on behalf of its veterans for immediate media
release:
As the Commander of the Department of Wyoming Veterans of
Foreign Wars, I have followed the current debate concerning
the Bells of Balangiga with a great deal of interest. It is
becoming apparent that this issue is not going away soon. Two
of three bells are located at the Cheyenne's F.E. Warren Air
Force Base as a permanent memorial to Fort D.A. Russell
soldiers who lost their lives in 1901 as a result of hostile
action during the Philippine rebellion. American soldiers
stationed at then Fort D.A. Russell, now Warren Air Force
Base, were ordered to the Philippine Islands because of a
savage guerrilla war which had broken out following the
Spanish-American War of 1898.
Now the Republic of the Philippines, as they have several
times in the past, has requested the return of one or both
bells to their country. This time, their justification is
apparently to celebrate their 100 year anniversary of
independence from Spain. The interesting part of their
argument, is the simple fact that the Bells of Balangiga
played no role in Admiral Dewey's defeat of the Spanish Navy
at Manila Bay in 1898 and Spain's subsequent relinquishing
control of the Philippine Islands to the United States
government.
Evidently, the current posturing by the Republic of the
Philippines is only another attempt to have the Bells of
Balangiga returned. The United States government has
repeatedly, and for all the right reasons, refused to return
the bells to them.
The members of the Veterans of Foreign Wars, a veterans
organization whose roots go back to the Spanish-American War
of 1898, will not stand idle and allow a sacred memorial to
those soldiers killed while doing their duty be dismantled.
We can only continue to hope that the people who have taken
the time to speak out in favor of returning the bells would
get their facts straight before engaging the media in any
further debate. When all the facts are known regarding the
circumstances surrounding the Bells of Balangiga, any
compromise offer with the Philippine government remains
unacceptable.
Sincerely yours,
Kenneth Weber,
Commander.
____

United Veterans Council of Wyoming

Cheyenne, WY, March 27, 1998.
The President of the United States,
William Jefferson Clinton
Washington, DC.
Dear President Clinton: Member organizations of the United
Veterans Council of Wyoming, Inc. are in receipt of White
House letter dated March 26, 1998 asking the Wyoming
Congressional Delegation to reevaluate the compromise
approach to resolving the bells of Balangiga question, and we
would like to respond.
Wyoming veterans are aware of the long-standing ties with
the Philippines during World War II, and after. We have taken
into account the fact that U.S. veterans and our allies lived
among the Filipinos during the war, fought shoulder to
shoulder with them, and together defeated the Japanese
invaders to preserve Philippine freedom and way of life. Many
died retaking the Philippine islands from Japanese forces.
Veterans who believe the bells should remain in Wyoming do so
without malice towards the people of the Philippines. No one
denies the contributions and sacrifices made by the Filipinos
during

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the war effort and to continued prosperity afterwards. We
clearly understand honor, comradeship, and the sacrifices
veterans of both countries have made.
We believe that we have made our reasons for not
compromising on the return of the bells very clear. As the
VFW and others have continually pointed out, the bells of
Balangiga played no part in Admiral Dewey's defeat of the
Spanish navy at Manila Bay in 1898, three years before the
bells were used to signal the 1901 massacre of US soldiers
garrisoned within the village of Balangiga. The premeditated
massacre was particularly brutal on the surprised and
outnumbered soldiers. We believe that the bells have no
significance or connection to this centennial year of
celebration of the Philippine's independence from Spain.
As stated in a recent article from the Manila Times, it is
known that the Philippine government is designing a war
memorial to the Balangiga Bells, rather than for their use as
a symbol of independence from Spain. It appears that
representatives of the Philippine government are not being
straightforward regarding their true intentions, if a bell is
returned.
The Philippine government has yet to present a compelling
argument justifying a reversal of the U.S. government's long-
standing decision to not return the bells. Mr. Berger says,
``he understands the concerns of those who are worried that
any altercation of the existing monument might cause present
day Americans to forget the sacrifices of past generations.''
Though Mr. Berger shares our worries, it appears that our
government, by continuing on its present course, will allow
such sacrifices to be forgotten sooner than later. It is an
affront to the soldiers who died, and their survivors, to
suggest that a permanent memorial be dismantled for no better
reasons than are being provided by the Philippine government.
Sincerely yours,
Jim Lloyd,
President.
____

Wyoming Delegation,

January 9, 1998.
President Bill Clinton,
The White House, Washington, DC.
Dear President Clinton: The Wyoming delegation wishes to
express our opposition to any plan to remove the Bells of
Balangiga from F.E. Warren Air Force Base in Cheyenne,
Wyoming, to the Philippines. Many times and for many years,
the government of the Philippines has tried to have the bells
returned. The United States government has rightfully
rejected every attempt. Most recently, there have been
proposals by the Philippine government and in Congress to
transfer one of the original bells to the Philippines and
keep one at F.E. Warren. We find this ``compromise'' proposal
wholly unacceptable and an affront to the soldiers massacred
in Balangiga.
The Philippines became an American possession after the
Spanish-American War, but peace in the islands was delayed by
a bloody civil war. American soldiers at Fort D.A. Russell,
now F.E. Warren Air Force Base, were sent to the Philippines
as part of the American military force dispatched to the
area. On September 29, 1901, guerilla forces on the island of
Samar used the bells to sound a surprise attack on American
troops stationed in the village of Balangiga. Of the 76
Americans stationed in Balangiga, only 20 returned home. The
survivors brought the bells back to Wyoming as a memorial to
their fallen comrades.
Wyoming's many veterans, represented by the Veterans of
Foreign Wars and the American Legion, strongly oppose
removing the bells. For our veterans the bells serve as a
constant reminder of the men who died in that surprise
attack. The Wyoming delegation has always opposed desecrating
this memorial for the same reason.
Preserving this memorial will serve as a symbol that
American troops who serve around the world will not be
forsaken. It also reaffirms to the world that the United
States will protect its forces serving around the world if
they are attacked.
On behalf of America's soldiers who have made the ultimate
sacrifice, please join with us in refusing all present and
future efforts to dismantle this memorial.
Sincerely,
Craig Thomas,
U.S. Senator.
Michael B. Enzi,
U.S. Senator.
Barbara Cubin,
Member of Congress.
____

The White House, Washington,
March 26, 1998.
Dear Senator Thomas: Thank you for your letter concerning
the bells of Balangiga and the proposed compromise solution
for addressing this issue. I am writing on behalf of the
President to request that you not oppose the compromise
solution. We believe it effectively takes into account the
interests and sensitivities of both American veterans and the
people of the Philippines.
I understand American forces brought the two bells of
Balangiga to Wyoming following the Philippine insurrection of
1901, and that they currently are on display at F.E. Warren
Air Force Base in Cheyenne. As you may know, Philippine
President Fidel Ramos is eager to explore the possibility of
returning at least one of the bells during this centennial
year of the Philippines' declaration of independence from
Spain. President Ramos will be the President's guest at the
White House on April 10, 1998. The bells of Balangiga will be
one of the principal issues on the discussion agenda.
I appreciate the importance of the bells to Wyoming
veterans who consider them to be symbols of the supreme
sacrifice American soldiers, sailors and airmen often have
had to make far from home. At the same time, Filipinos see
the bells as representative of a struggle for national
independence lasting more than five centuries.
Our longstanding ties with the Philippines were forged in
the intense combat of World War II by tens of thousands of
Americans and Filipinos. Growing out of this experience is a
relationship, which is closer on a person-to-person level
than with any other country in East Asia. The Philippines is
a key ally in the Asia Pacific and shares our commitment to
democratic and free market principles. Presidential elections
in May of this year will re-enforce the democratic traditions
and institutions Filipinos have so eagerly embraced.
I believe a compromise solution, by which the United States
and the Philippines would each retain custody of one of the
original bells, offers a unique opportunity to honor both the
American soldiers who gave their lives in the town of
Balangiga and the centennial celebration of the Philippines'
first step toward democracy. I understand the concerns of
those who are worried that any alteration of the existing
monument might cause present day Americans to forget the
sacrifices of past generations. But the historical
significance of Balangiga rests on the fact that today the
United States and the Philippines are united in a common
cause of promoting stability and prosperity throughout the
Asia Pacific region. I urge you and your colleagues from the
Wyoming Congressional Delegation to reevaluate the compromise
approach to resolving the bells of Balangiga question.
Sincerely,
Samuel R. Berger,
Assistant to the President for National Security Affairs.

Mr. ENZI. Mr. President, I rise to join my colleague, the senior
Senator from my state of Wyoming, in the effort to safeguard the
integrity of the nation's military memorials from the politically
expedient demands of foreign governments--in this case the so-called
``Bells of Balangiga'' war memorial located in Wyoming's capital city
of Cheyenne. I too, am amazed that such legislation is necessary.
Amazed, but not surprised. After all, this is a President who seems to
have no qualms about throwing overboard those states and communities
who have not proven politically valuable to him. I recall his
unilateral Utah land grab of the Grand Escalante. I also recall that
he, with the Vice President at his side, signed the Presidential
directive for that action in Arizona, so unpopular was it in the State
of Utah. His unilateral forest roads construction moratorium is another
such example of his proclivity for government by executive fiat.
Many people contend that church bells are not a fitting subject for a
war memorial. The circumstances surrounding these particular bells,
however, are not normal. As the Senior Senator from Wyoming related,
those bells were not used by Philippino insurgents to call the faithful
to prayer that harrowing morning. They were used instead to signal the
massacre of Wyoming troops as they sat down, unarmed, to breakfast. Of
the 74 officers and men in the garrison, only twenty survived. Eye
witness accounts had some of the attackers disguised as women, their
weapons hidden beneath their dresses. Many others smuggled their
weapons into the village hidden in the coffins of children. Under those
circumstances, one must conclude that the bells in question were used
to kill. Consequently I feel their use as the subject for a war
memorial is wholly appropriate.
This is especially true in light of their intended purpose if
returned to the Philippines. As everyone concedes, the Philippine
government desires the return of these bells in time for their 100th
anniversary of independence. Apparently, these bells do not represent a
religious symbol for the Philippine government either.
Most significant of all, however, is the purpose they currently
serve. Contrary to the assumptions of many, they do not memorialize
American foreign policies of the time. Nor do they serve as a tribute
to our political system, America's turn of the century notions of race
relations, or the performance of the American troops who served there
during that conflict. Rather, these bells memorialize one thing and one
thing only: The tragic and premature deaths of 54 young men who
volunteered to do the bidding of the American people. For this purpose
I believe

[[Page S2986]]

these bells serve as a most fitting memorial indeed and I am opposed to
its dismantlement.
It is time to honor our veterans, our war dead, and the principle
that in this country, we do not submit to government by Presidential
fiat. I ask the support of my colleagues for this legislation.
______