[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 308 Engrossed in House (EH)]
1st Session
H. R. 308
_______________________________________________________________________
AN ACT
To establish the Guam War Claims Review Commission.
107th CONGRESS
1st Session
H. R. 308
_______________________________________________________________________
AN ACT
To establish the Guam War Claims Review Commission.
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 War Claims Review Commission
Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Guam War Claims Review Commission'' (in this Act
referred to as the ``Commission'').
(b) Members.--The Commission shall be composed of five members who
by virtue of their background and experience are particularly suited to
contribute to the achievement of the purposes of the Commission. The
members shall be appointed by the Secretary of the Interior not later
than 60 days after funds are made available for this Act. Two of the
members shall be selected as follows:
(1) One member appointed from a list of three names
submitted by the Governor of Guam.
(2) One member appointed from a list of three names
submitted by the Guam Delegate to the United States House of
Representatives.
(c) Chairperson.--The Commission shall select a Chairman from among
its members. The term of office shall be for the life of the
Commission.
(d) Compensation.--Notwithstanding section 3, members of the
Commission shall not be paid for their service as members, but in the
performance of their duties, shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
(e) Vacancy.--Any vacancy in the Commission shall be filled in the
same manner as the original appointment.
SEC. 3. EMPLOYEES.
The Commission may appoint an executive director and other
employees as it may require. The executive director and other employees
of the Commission may be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service. Section 3161 of title 5, United States Code, shall apply to
the executive director and other employees of the Commission.
SEC. 4. ADMINISTRATIVE.
The Secretary of the Interior shall provide the Commission, on a
reimbursable basis, such administrative support services as the
Commission may request.
SEC. 5. DUTIES OF COMMISSION.
The Commission shall--
(1) review the facts and circumstances surrounding the
implementation and administration of the Guam Meritorious
Claims Act and the effectiveness of such 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 in
Guam and the Archives of the Federal Government regarding
Federal payments of war claims in 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 Guam Meritorious Claims Act
as compared with awards made to other similarly affected United
States citizens or nationals in territory occupied by the
Imperial Japanese military forces during World War II;
(5) advise on any additional compensation that may be
necessary to compensate the people of Guam for death, personal
injury, forced labor, forced march, and internment; and
(6) not later than 9 months after the Commission is
established submit a report, including any comments or
recommendations for action, 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.
SEC. 6. POWERS OF THE COMMISSION.
(a) Authority of Chairman.--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 such powers to the staff of the
Commission.
(b) Hearings and Sessions.--For the purpose of carrying out its
duties under section 5, the Commission may hold hearings, sit and act
at times and places, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may administer oaths
or affirmations to witnesses appearing before it.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay for GS-15 of the
General Schedule. The services of an expert or consultant may be
procured without compensation if the expert or consultant agrees to
such an arrangement, in writing, in advance.
(d) Support of Federal Agencies.--Upon request of the Commission,
the head of any Federal department or agency may provide support to the
Commission to assist it in carrying out its duties under section 5.
SEC. 7. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submission of its
report under section 5(6).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $500,000 to carry out this
Act.
Passed the House of Representatives March 13, 2001.
Attest:
Clerk.