[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 308 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 308

          To establish the Guam War Claims Review Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2001

Mr. Underwood introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
          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. FINDINGS.

    Congress makes the following findings:
            (1) Pursuant to 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 to the United States Department of the 
        Interior in September 1949, Guam was administered by the United 
        States Department of the Navy, and the people of Guam were 
        United States nationals until August 1, 1950, when they became 
        United States citizens upon the enactment of Guam's Organic 
        Act.
            (3) On December 8, 1941, Japanese armed forces invaded Guam 
        and seized control of the island from the United States, and 
        occupied Guam which then had a population of approximately 
        22,290, for nearly 3 years.
            (4) Guam was the only United States territory, possession, 
        or State with civilians present, which 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) On November 15, 1945, the Guam Meritorious Claims Act 
        (Public Law 79-224) 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 to be forwarded to 
        Congress.
            (9) On January 8, 1947, United States Navy Secretary James 
        Forrestal appointed a civilian commission, referred to 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 (hereinafter referred to as the ``Report'') to Navy 
        Secretary Forrestal, which summarized that settlements and 
        payments for war damaged claims on property, personal injury, 
        and death had proceeded slowly and stated that immediate steps 
        should be taken to hasten this process and to remove unsound 
        and unfair distinctions in the allowance for claims.
            (11) The Report also stated 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 must go to Washington 
        for further action with an indefinite time required for 
        payment, they offered or agreed to reduce their claim to below 
        $5,000 and accept the loss above that amount, in order to 
        receive money for much-needed personal rehabilitation.
            (12) The Report recommended that the Guam Meritorious 
        Claims Act be amended to authorize Naval officials to provide 
        immediate ``on the spot'' settlement and payment of all claims.
            (13) The Report also 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 seem to 
        serve any useful purpose, and that sufficient reliance and 
trust should be placed with the Naval authorities in Guam to safeguard 
the national interest.
            (14) The War Claims Act of 1948 (Public Law 80-896), was 
        enacted by the Congress to address victims of World War II.
            (15) The War Claims Act of 1948 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.
            (16) Despite the recommendations from the Hopkins 
        Commission to amend the Guam Meritorious Claims Act, the War 
        Claims Act of 1948 did not address the claims arising out of 
        the Japanese occupation of Guam.
            (17) In 1950, Congress passed the Organic Act of Guam 
        (Public Law 81-630), granting the people of Guam United States 
        citizenship and a measure of self-government.
            (18) On September 8, 1951, the United States, along with 47 
        Allied Powers, signed a peace treaty with Japan, in San 
        Francisco, which waived all claims of reparations against Japan 
        by United States citizens.
            (19) In 1962, Congress passed Public Law 87-846, which 
        amended the War Claims Act of 1948 and addressed the remaining 
        United States citizens and nationals that had not received 
        reparations from previous enacted laws.
            (20) The people of Guam were excluded from the 1962 law 
        because Federal policymakers believed that they were included 
        in the War Claims Act of 1948.
            (21) As a consequence, despite the study and 
        recommendations of the Hopkins Commission, which concluded that 
        reparations for Guam as provided by the Guam Meritorious Claims 
        Act 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.
            (22) On December 30, 1980, the Government of Guam created a 
        Guam Reparations Commission which, among its other duties, 
        compiled war damage claims for death, forced labor, forced 
        march, internment, or injury, from survivors or descendants who 
        did not receive any or full reparations under the Guam 
        Meritorious Claims Act.
            (23) Since given the authority to be represented in 
        Congress by an elected representative in 1972, each Delegate 
        from Guam to the United States House of Representatives has 
        introduced legislation to correct the historical flaws of the 
        Guam Meritorious Claims Act and the War Claims Act of 1948.
            (24) Guam war restitution is long overdue.
            (25) 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.
            (26) Congress finds 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 in Guam 
        from December 8, 1941, to July 21, 1944.

SEC. 3. 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.--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. 4. STAFF.

    The Commission may appoint and fix the pay of an executive director 
and other staff as it may require. The executive director and other 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such 
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 such title.

SEC. 5. ADMINISTRATIVE.

    The Secretary of the Interior shall provide the Commission, on a 
reimbursable basis, such administrative support services as the 
Commission may request.

SEC. 6. 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. 7. 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 6, 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 6.

SEC. 8. TERMINATION OF COMMISSION.

    The Commission shall terminate 30 days after submission of its 
report under section 6(5).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $500,000 to carry out this 
Act.
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