[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 308 Reported in Senate (RS)]

                                                       Calendar No. 437
107th CONGRESS
  1st Session
                                H. R. 308

                          [Report No. 107-172]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2000

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             June 24, 2002

              Reported by Mr. Bingaman, without amendment

_______________________________________________________________________

                                 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:

                                                 JEFF TRANDAHL,

                                                                 Clerk.




                                                       Calendar No. 437

107th CONGRESS

  2d Session

                               H. R. 308

                          [Report No. 107-172]

_______________________________________________________________________

                                 AN ACT

          To establish the Guam War Claims Review Commission.

_______________________________________________________________________

                             June 24, 2002

                       Reported without amendment