[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2983 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2983

 To provide for the return of land to the Government of Guam, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2000

 Mr. Akaka (for himself and Mr. Inouye) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the return of land to the Government of Guam, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guam Omnibus Opportunities Act''.

SEC. 2. GUAM LAND RETURN ACT.

    (a) Short Title.--This section may be cited as the ``Guam Land 
Return Act''.
    (b) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means--
                    (A) the Administrator of General Services; or
                    (B) the head of any Federal agency with authority 
                to dispose of excess real property on Guam.
            (2) Base closure law.--The term ``base closure law'' 
        means--
                    (A) the Defense Base Closure and Realignment Act of 
                1990 (part A of title XXIX of Public Law 101-510; 10 
                U.S.C. 2687 note);
                    (B) title II of the Defense Authorization 
                Amendments and Base Closure and Realignment Act (Public 
                Law 100-526; 10 U.S.C. 2687 note); or
                    (C) any similar law that provides base closure 
                authority.
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) Excess real property.--The term ``excess real 
        property'' means excess property (as is defined in section 3 of 
        the Federal Property and Administrative Services Act of 1949 
        (40 U.S.C. 472)) that--
                    (A) is real property; and
                    (B) was acquired by the United States before the 
                date of enactment of this section.
            (5) Government.--The term ``Government'' means the 
        Government of Guam.
            (6) Guam national wildlife refuge.--The term ``Guam 
        National Wildlife Refuge'' includes land to which the Federal 
        Government holds title that is located within the refuge 
        overlay under the jurisdiction of the Department of Defense, 
        identified as Department of Defense land in figure 3, on page 
        74, and as submerged land in figure 7, on page 78, of the 
        document entitled ``Final Environmental Assessment for the 
        Proposed Guam National Wildlife Refuge, Territory of Guam, July 
        1993''.
            (7) Public purpose.--The term ``public purpose'' means--
                    (A) a public benefit purpose for which the United 
                States may dispose of property under section 203 of the 
                Federal Property and Administrative Services Act of 
                1949 (40 U.S.C. 484) (including under the Federal 
                Property Management Regulations under section 101-47 of 
                title 41, Code of Federal Regulations (or any successor 
                regulation) promulgated under that Act); or
                    (B) public benefit uses described under the Guam 
                Excess Lands Act (108 Stat. 3116).
    (c) Transfer of Excess Real Property.--
            (1) Notice of availability.--Except as provided in 
        subsection (f), before screening excess real property located 
        on Guam for Federal use under section 202 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        483), the Administrator shall notify the Government that the 
        property is available for transfer to the Government under this 
        section.
            (2) Opportunity for acquisition by guam.--
                    (A) In general.--If, not later than 180 days after 
                the receipt of notice under paragraph (1), the 
                Government notifies the Administrator that the 
                Government intends to acquire the property that is the 
                subject of the notice under paragraph (1), the 
                Administrator shall transfer the property to the 
                Government in accordance with subsections (d) and (e).
                    (B) No notice from government.--If the Government 
                does not notify the Administrator under subparagraph 
                (A), or notifies the Administrator that the Government 
                does not intend to acquire the property that is the 
                subject of a notice under paragraph (1), the 
                Administrator shall dispose of the property in 
                accordance with the Federal Property and Administrative 
                Services Act of 1949 (40 U.S.C. 471 et seq.).
    (d) Compensation.--A transfer of excess real property under 
subsection (c) to the Government for a public purpose shall be made 
without reimbursement or other compensation from the Government.
    (e) Conditions.--
            (1) Restrictive covenants.--All transfers of excess real 
        property under subsection (c) to the Government shall be 
        subject to such restrictive covenants as the Administrator 
        determines to be necessary to ensure that--
                    (A) the use of the property is compatible with 
                continued military activities on Guam;
                    (B) the use of the property is consistent with the 
                environmental condition of the property;
                    (C) access is available to the United States to 
                conduct any additional environmental remediation or 
                monitoring that may be required concerning the 
                property;
                    (D) to the extent the property was transferred for 
                a public purpose, the property is so used; and
                    (E) to the extent the property has been used by 
                another Federal agency for a minimum of 2 years, the 
                transfer to the Government is subject to the terms and 
                conditions of any permit interests of the Federal 
                agency until the expiration of the permits concerned.
            (2) Consultation.--In the case of real property on Guam 
        reported as excess by a military department, and in all cases 
        with respect to paragraph (1)(A), the Administrator shall 
        consult with the Secretary of Defense regarding the restrictive 
        covenants to be imposed on a transfer of the property.
            (3) Other laws.--
                    (A) In general.--All transfers of excess real 
                property under subsection (c) to the Government shall 
                be subject to all applicable Federal laws, except 
                section 2696 of title 10, United States Code.
                    (B) Nonapplicability of certain law.--Any property 
                that the Government is given an opportunity to acquire 
                under subsection (c) shall not be subject to section 
                501 of the Stewart B. McKinney Homeless Assistance Act 
                (42 U.S.C. 11411).
    (f) Exemptions.--Notwithstanding the fact that real property 
located on Guam and described in this subsection may be excess real 
property, this section shall not apply--
            (1) to real property that is located within the Guam 
        National Wildlife Refuge, which shall be transferred in 
        accordance with subsection (g);
            (2) to real property described in the Guam Excess Lands Act 
        (108 Stat. 3116), which shall be disposed of in accordance with 
        that Act; or
            (3) to real property on Guam that is declared to be excess 
        real property as a result of a base closure law.
    (g) Treatment of Guam National Wildlife Refuge Land.--
            (1) Notification of availability; negotiations.--
                    (A) In general.--The Administrator shall notify the 
                Government and the Director of the declaration of any 
                real property within the Guam National Wildlife Refuge 
                as excess real property.
                    (B) Discussions.-- For not more than 180 days after 
                the date on which the Administrator provides a notice 
                under subparagraph (A), the Government and the Director 
                may engage in discussions toward an agreement providing 
                for the future ownership and management of the excess 
                real property.
            (2) Transfer and management under agreement.--If--
                    (A) the Government and the Director reach an 
                agreement under paragraph (1)(B) within the period 
                specified in that paragraph; and
                    (B) not less than 60 days before the transfer of 
                the excess real property under the agreement, the 
                agreement is submitted to the Committee on Resources of 
                the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate;
        the property shall be transferred and managed in accordance 
        with the agreement and subject to this section.
            (3) Effect of lack of agreement.--Except as provided in 
        paragraph (4), if the Government and the Director do not reach 
        an agreement under paragraph (1)(B), the Administrator shall 
        submit to Congress a report that contains--
                    (A) a description of the status of the discussions 
                of the Government and the Director; and
                    (B) recommendations on the likelihood of resolution 
                of differences of, and comments made by, the Director 
                and the Government.
            (4) Military jurisdiction.--
                    (A) In general.--If property that is the subject of 
                a notice under paragraph (1)(A) is under the 
                jurisdiction of the Secretary of Defense, the Secretary 
                of Defense may transfer administrative jurisdiction 
                over the property to the Administrator.
                    (B) Congressional authorization of transfers.--
                Absent an agreement on the future ownership and use of 
                property referred to in subparagraph (A), except by an 
                Act of Congress specifically identifying the property--
                            (i) administrative jurisdiction over the 
                        property shall not be transferred to a Federal 
                        agency other than the Department of Defense; 
                        and
                            (ii) the property shall not be conveyed out 
                        of Federal ownership.
            (5) Eventual agreement.--If--
                    (A) the Government and the Director reach an 
                agreement under paragraph (1)(B) before Congress acts 
                in response to a report submitted under paragraph (3); 
                and
                    (B) not less than 60 days before the transfer of 
                the excess real property under the agreement, the 
                agreement is submitted to the Committee on Resources of 
                the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate;
        the property shall be transferred and managed in accordance 
        with the agreement and subject to this section.
    (h) Dual Classification of Property.--If a parcel of real property 
on Guam that is declared excess real property as a result of a base 
closure law is located within the boundary of the Guam National 
Wildlife Refuge, the parcel of property shall be disposed of in 
accordance with the base closure law.
    (i) Authority To Promulgate Regulations.--The Administrator, after 
consultation with the Secretary of Defense and the Secretary of 
Interior, may promulgate such regulations as the Administrator 
determines are necessary to carry out this section.

SEC. 3. GUAM FOREIGN DIRECT INVESTMENT EQUITY ACT.

    (a) Short Title.--This section may be cited as the ``Guam Foreign 
Direct Investment Equity Act''.
    (b) In General.--Section 31(d) of the Organic Act of Guam (48 
U.S.C. 1421i(d)) is amended by adding at the end the following:
            ``(3) Rate of tax.--In applying as the Guam Territorial 
        income tax the income-tax laws in force on Guam under 
        subsection (a), the rate of tax under sections 871, 881, 884, 
        1441, 1442, 1443, 1445, and 1446 of the Internal Revenue Code 
        of 1986 on any item of income from sources within Guam shall be 
        the same as the rate that would apply with respect to the item 
        were Guam treated as part of the United States for purposes of 
        the treaty obligations of the United States.''.
    (c) Certain Guam-Based Trusts Exempt.--This section shall not apply 
to any Guam-based trust formed under division 2 of title 11 of chapter 
160 of the Guam Code Annotated.
    (d) Effective Date.--The amendment made by subsection (b) shall 
apply to amounts paid after the date of enactment of this Act.

SEC. 4. IMPORTATION OF BETEL NUTS (``ARECA NUTS'') FOR PERSONAL 
              CONSUMPTION.

    (a) Definitions.--In this section:
            (1) Betel nuts.--The term ``betel nuts'' means husked betel 
        nuts grown on Guam.
            (2) Customs territory of the united states.--The term 
        ``customs territory of the United States'' has the meaning 
        given the term in general note 2 of the Harmonized Tariff 
        Schedule of the United States.
    (b) Importation of Betel Nuts.--Notwithstanding any other provision 
of law (including sections 402 and 801 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 342, 381)), Guam shall be deemed to be within 
the customs territory of the United States in the case of importation 
from Guam into the United States of betel nuts (also known as ``areca 
nuts'') by an individual for personal consumption by the individual.

SEC. 5. COMPACT IMPACT REPORTS.

    Section 104(e)(2) of Public Law 99-239 (99 Stat. 1788) is amended--
            (1) by striking the first sentence and inserting the 
        following:
            ``(1) In general.--The Governor of any of the United States 
        territories, commonwealths, or the State of Hawaii may report 
        to the Secretary of the Interior, not later than February 1 of 
        each year, with respect to the financial and social impacts of 
        the compacts of free association on the Governor's respective 
        jurisdiction.
            ``(2) Transmittal to congress.--The Secretary of the 
        Interior shall review and transmit any such reports to Congress 
        with the comments and recommendations of the Administration.
            ``(3) Grants.--The Secretary of the Interior shall, either 
        directly or, subject to available technical assistance funds, 
        through a grant to the affected jurisdiction, provide for a 
        census of Micronesians at intervals of not more than 5 years 
        from each decennial United States census using generally 
        acceptable statistical methodologies for each of the impact 
        jurisdictions where the Governor requests the assistance, 
        except that the total expenditures to carry out this sentence 
        may not exceed $300,000 in any year.''; and
            (2) by striking ``Reports submitted'' and inserting the 
        following:
            ``(4) Contents of reports.--Reports submitted''.

SEC. 6. GUAM WAR CLAIMS REVIEW COMMISSION.

    (a) Findings.--Congress finds that--
            (1) under the Treaty of Paris in 1898, which ended the war 
        between Spain and the United States, the United States acquired 
        sovereignty over Guam;
            (2) for 51 years, from the end of the Spanish-American War 
        until the transfer of Guam to the Department of the Interior in 
        September 1949, Guam was administered by the Department of the 
        Navy, and the people of Guam were United States nationals until 
        August 1, 1950, when they became United States citizens on the 
        enactment of Organic Act of Guam (48 U.S.C. 1421 et seq.);
            (3) Japanese armed forces invaded Guam on December 8, 1941, 
        and occupied Guam for nearly 3 years;
            (4) Guam was the only United States territory, possession, 
        or State with civilians present that was occupied by the 
        Japanese armed forces during World War II;
            (5) during this period of Japanese occupation, the people 
        of Guam were subjected to death, personal injury, forced labor, 
        forced march, and internment;
            (6) on July 21, 1944, the United States liberated Guam from 
        Japanese occupation;
            (7) on June 9, 1945, in a letter from the Honorable H. 
        Strive Hensel, Acting Secretary of the Navy, to the Honorable 
        Sam Rayburn, Speaker of the House of Representatives, Mr. 
        Hensel transmitted proposed legislation to provide relief to 
        the residents of Guam through the settlement of meritorious 
        claims;
            (8) the Act of November 15, 1945 (commonly known as ``the 
        Guam Meritorious Claims Act'') (59 Stat. 582, chapter 483) 
        authorized the Secretary of the Navy to adjudicate and settle 
        claims, for a period of 1 year, for property damage occurring 
        on Guam during the occupation of Japanese forces; certification 
        of claims in excess of $5,000 or any claims for personal injury 
        or death were required to be forwarded to Congress;
            (9) on January 8, 1947, Secretary of the Navy James 
        Forrestal appointed a civilian commission, known as the 
        ``Hopkins Commission'', to study and make recommendations on 
        the Naval administration of Guam;
            (10) on March 25, 1947, the Hopkins Commission submitted a 
        report (referred to in this section as the ``Report'') to 
        Secretary Forrestal stating--
                    (A) that settlements and payments for war damage 
                claims on property, personal injury, and death had 
                proceeded slowly;
                    (B) that immediate steps should be taken to hasten 
                the process and to remove unsound and unfair 
                distinctions in the allowance for claims; and
                    (C) that when many claimants were advised that the 
                local Naval Claims Commission had power to settle and 
                make immediate payments of claims not in excess of 
                $5,000, but that claims above that amount were required 
                to be forwarded to Washington for further action with 
                an indefinite time required for payment, the claimants 
                agreed to reduce their claims to below $5,000 in order 
                to receive money for much-needed personal 
                rehabilitation;
            (11) the Report--
                    (A) recommended that the Act of November 15, 1945, 
                be amended to authorize Navy officials to provide 
                immediate settlement and payment of all claims; and
                    (B) stated that officials of the Naval Claims 
                Commission testified to the basic honesty and fairness 
                of the Guamanians in presenting their claims, that 
                review in Washington of claims between $5,000 and 
                $10,000 did not serve any useful purpose, and that 
                sufficient reliance and trust should be placed with the 
                Naval authorities on Guam to safeguard the national 
                interest;
            (12) the War Claims Act of 1948 (62 Stat 1240, chapter 
        826), was enacted to address victims of World War II;
            (13) that Act authorized the creation of a commission to 
        make inquiries and reports to settle claims of American 
        citizens and military personnel imprisoned during World War II, 
        civilian American citizens captured by the Imperial Japanese 
        Government, United States contractual employees, and religious 
        organizations located in the Philippines;
            (14) despite the recommendations of the Hopkins Commission 
        to amend the Act of November 15, 1945, the War Claims Act of 
        1948 did not address the claims arising out of the Japanese 
        occupation of Guam;
            (15) in 1950, Congress enacted the Organic Act of Guam (48 
        U.S.C. 1421 et seq.), granting the people of Guam United States 
        citizenship and a measure of self-government;
            (16) on September 8, 1951, the United States, along with 47 
        allied powers, signed a peace treaty with Japan that waived all 
        claims of reparations against Japan by United States citizens;
            (17) in 1962, Congress amended the War Claims Act of 1948 
        to address the United States citizens and nationals that had 
        not received reparations under the previously-enacted laws, but 
        the people of Guam were excluded from the amendment because 
        Federal policymakers believed that the people of Guam had been 
        covered under the War Claims Act of 1948;
            (18) as a consequence, despite the study and 
        recommendations of the Hopkins Commission, which concluded that 
        reparations for Guam as provided by the Act of November 15, 
        1945 fell short of rehabilitating the island and redressing 
        damages suffered by its people from the occupation of Japan, 
        Congress failed to address the recommendations of the Hopkins 
        Commission under the War Claims Act of 1948;
            (19) on December 30, 1980, the Government of Guam created a 
        Guam Reparations Commission, which compiled war damage claims 
        for death, personal injury, forced labor, forced march, and 
        internment from survivors or descendants who did not receive 
        full reparations under the Act of November 15, 1945;
            (20) since Guam was given the authority to be represented 
        in Congress by an elected representative in 1972, each Delegate 
        from Guam to the House of Representatives has introduced 
        legislation to correct the flaws of the Act of November 15, 
        1945, and the War Claims Act of 1948;
            (21) Guam war restitution is long overdue;
            (22) Congress supports the findings and recommendations of 
        the Hopkins Commission and recognizes the declining population 
        of survivors from the Japanese occupation of Guam in World War 
        II; and
            (23) there is sufficient cause to revisit Guam war 
        restitution by establishing a commission to review the relevant 
        history and to determine the appropriate relief damages to 
        eligible claimants, the eligibility requirements, and the total 
        amount necessary for compensation to the people of Guam who 
        experienced the occupation by Japanese military forces from 
        December 8, 1941, to July 21, 1944.
    (b) Establishment of Commission.--
            (1) Establishment.--There is established a commission to be 
        known as the ``Guam War Claims Review Commission'' (referred to 
in this section as the ``Commission'').
            (2) Members.--
                    (A) Qualifications.--The Commission shall be 
                composed of 5 members who by virtue of their background 
                and experience are particularly suited to contribute to 
                the achievement of the purposes of the Commission.
                    (B) Appointment.--Not later than 60 days after 
                funds are made available to carry out this section, the 
                Secretary of the Interior shall appoint the members of 
                the Commission, of whom--
                            (i) 1 shall be appointed from a list of 3 
                        names submitted by the Governor of Guam; and
                            (ii) 1 shall be appointed from a list of 3 
                        names submitted by the Delegate of Guam to the 
                        House of Representatives.
            (3) Chairperson.--The Commission shall select a Chairman 
        from among its members.
            (4) Term.--The term of a member of the Commission shall be 
        the life of the Commission.
            (5) Vacancies.--A vacancy in the Commission shall be filled 
        in the same manner as the original appointment.
            (6) Compensation.-- A member of the Commission shall serve 
        without compensation, but shall be reimbursed for travel, 
        subsistence, and other necessary expenses incurred by the 
        member in the performance of the duties of the Commission in 
        accordance with chapter 57 of title 5, United States Code.
    (c) Staff.--The Commission may appoint and fix the pay of an 
executive director and such other staff as the Commission may require 
without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service or to the provisions 
of chapter 51 and subchapter II of chapter 53 of that title relating to 
the classification and General Schedule pay rates, except that the 
compensation of any employees of the Commission may not exceed a rate 
equivalent to the minimum rate of basic pay payable for GS-15 of the 
General Schedule under section 5332(a) of that title.
    (d) Administrative Support.--The Secretary of the Interior shall 
provide the Commission, on a reimbursable basis, such administrative 
support services as the Commission may request.
    (e) Duties.--The Commission shall--
            (1) review the facts and circumstances surrounding the 
        implementation and administration of the Act of November 15, 
        1945, and the effectiveness of that Act in addressing the war 
        claims of American nationals residing on Guam between December 
        8, 1941, and July 21, 1944;
            (2) review all relevant Federal and Guam territorial laws, 
        records of oral testimony previously taken, and documents on 
        Guam and the Archives of the Federal Government regarding 
        Federal payments of war claims on Guam;
            (3) receive oral testimony of persons who personally 
        experienced the taking and occupation of Guam by Japanese 
        military forces, noting especially the effects of infliction of 
        death, personal injury, forced labor, forced march, and 
        internment;
            (4) determine whether there was parity of war claims paid 
        to the residents of Guam under the Act of November 15, 1945, 
        with war claims paid to United States citizens or nationals who 
        lived in or had holdings in foreign countries and other 
        possessions of the United States occupied by the Japanese 
        during World War II;
            (5) estimate the amount necessary to compensate the people 
        of Guam for death, personal injury, forced labor, forced march, 
        and internment; and
            (6) not later than 270 days after all of the members of the 
        Commission are appointed, submit to the Secretary of the 
        Interior, the Committee on Resources and the Committee on the 
        Judiciary of the House of Representatives, and the Committee on 
        Energy and Natural Resources and the Committee on the Judiciary 
        of the Senate a report that includes any comments or 
        recommendations for action.
    (f) Powers of the Commission.--Subject to general policies that the 
Commission may adopt, the Chairman of the Commission--
            (1) shall exercise the executive and administrative powers 
        of the Commission; and
            (2) may delegate those powers to the staff of the 
        Commission.
    (g) Termination of Commission.--The Commission shall terminate on 
the date that is 30 days after the date on which the Commission submits 
the report under subsection (e)(6).
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000.
                                 <all>