[House Report 106-815]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-815

======================================================================



 
                 GUAM WAR CLAIMS REVIEW COMMISSION ACT

                                _______
                                

 September 6, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 755]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 755) to amend the Organic Act of Guam to provide 
restitution to the people of Guam who suffered atrocities such 
as personal injury, forced labor, forced marches, internment, 
and death during the occupation of Guam in World War II, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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'' (hereinafter 
referred to as the ``Commission'').
  (b) Members.--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. 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 II 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 
        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 total amount 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.

  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.

SEC. 8. TERMINATION OF COMMISSION.

  The Commission shall terminate 30 days after submission of its 
report.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

                          PURPOSE OF THE BILL

    The purpose of H.R. 755 is to amend the Organic Act of Guam 
to provide restitution to the people of Guam who suffered 
atrocities such as personal injury, forced labor, forced 
marches, internment, and death during the occupation of Guam in 
World War II, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The United States acquired the territory of Guam in the 
western Pacific Ocean from Spain at the conclusion of the 
Spanish-American War in 1898. The residents of Guam promptly 
became U.S. nationals on the transfer of sovereignty from Spain 
to America under terms of the Treaty of Paris. As U.S. 
nationals, the people of Guam were steadfastly loyal to the 
Nation throughout the first half of the century, including the 
dark years of occupation by Japan in World War II.
    Truly, it was during the reign of the invaders from the 
nearby Empire of Japan on American flag soil that the people of 
Guam demonstrated their unwavering loyalty to the United States 
in spite of the grievous atrocities of war, which included 
executions, mayhem, forced labor and marches, internment, and 
deprivation of fundamental human and civil rights. The U.S. 
nationals of Guam risked their lives and property to actively 
support U.S. forces liberating Guam and ending the foreign 
occupation of an American territory.
    With the American flag once again flying over Guam, the 
campaign to end the war moved forward. Guam's close proximity 
to Japan initially made the territory vulnerable for 
occupation, However, Guam's location became an ideal staging 
area for the American offense that ended World War II in 1945.
    There is a lot of historical information available to show 
that the United States had every intention of remedying the 
issue of war restitution for the people of Guam. In 1945, at 
the urging of the Acting Secretary of the Navy to the House of 
Representatives, the Guam Meritorious Claims Act was enacted 
which authorized the Navy to adjudicate and settle war claims 
in Guam for property damage for a period of one year. Claims in 
excess of $5,000 for personal injury or death were to be 
forwarded to Congress. Unfortunately, that Act never fulfilled 
its intended purposes due to the limited time frame for claims 
and the preoccupation with the local population to recover from 
the war, resettle their homes, and rebuild their lives.
    On March 25, 1947, the Hopkins Commission, a civilian 
commission appointed by the U.S. Navy Secretary, issued a 
report which revealed the flaws of the 1945 Guam Meritorious 
Claims Act and recommended that the Act be amended to provide 
on-the-spot settlement and payment of all claims, including 
property, death and personal injury. However, despite the 
recommendations of the Hopkins Commission, the U.S. government 
failed to remedy the flaws of the Guam Meritorious Act when it 
enacted the War Claims Act of 1948, legislation which provided 
compensation for U.S. citizens who were victims of the Japanese 
war effort during World War II. This Act did not cover 
Guamanians, who were U.S. nationals and not U.S. citizens. 
Subsequently, Guamanians finally became U.S. citizens under the 
1950 Organic Act of Guam.
    In 1962, there was another attempt by Congress to address 
the remaining U.S. citizens and nationals that had not received 
reparations from previous enacted laws. Once again, however, 
Guamanians were inadvertently made ineligible because 
policymakers assumed that the War Claims Act of 1948 included 
them. Thus, Guam was left out of the 1962 act.
    Leaders of Guam have repeatedly asked the United States to 
address the oversight. Action has been taken by every Guam 
delegate to Congress, including Delegates Antonio Won Pat and 
Ben Blaz, to directly authorize Guam war restitution. The last 
legislative action on the issue was during the 104th Congress 
when the House Resources Committee favorably reported Guam 
Delegate Robert A. Underwood's Guam War Restitution bill, H.R. 
2041, out of Committee on October 11, 1996. There was no 
similar action during the 105th Congress.
    One of the major obstacles to a resolution of restitution 
to Guam has been the lack of a comprehensive list of claimants 
by the federal government and the related amounts of 
reparations. A recent solution proposed during Congressional 
hearings was to temporarily establish a federal commission to 
first determine the universe of claims.

                            COMMITTEE ACTION

    H.R. 755 was introduced on February 11, 1999, by 
Congressman Robert A. Underwood (D-GU). The bill was referred 
to the Committee on Resources. On April 13, 2000, the Committee 
held a hearing on the bill. On June 28, 2000, the full 
Resources Committee met to mark up the bill. Congressman 
Underwood offered an amendment in the nature of a substitute to 
establish a temporary federal commission by the Secretary of 
the Interior, lasting no more than 10 months at a cost not to 
exceed $500,000, to estimate the total amount necessary to 
compensate the people of Guam for death, personal injury, 
forced labor, forced march, and internment. The amendment was 
adopted by voice vote. The bill as amended was then ordered 
favorably reported to the House of Representatives by voice 
vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article IV, section 3 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 6, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 755, the Guam War 
Claims Review Commission Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely.
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 755--Guam War Claims Review Commission Act

    H.R. 755 would establish the Guam War Claims Review 
Commission to consider restitution for those individuals who 
resided on the island of Guam, a territory of the United 
States, during its occupation by the Japanese in World War II. 
Under H.R. 755, the five commission members would establish 
eligibility requirements, determine the number of individuals 
who meet such requirements, and estimate the total amount that 
would be necessary to adequately compensate them for damages 
suffered during Japan's occupation. The commission would have 
nine months to report its findings to the Congress. To fund the 
costs of the commission, the bill would authorize the 
appropriation of $500,000.
    Assuming appropriation of the authorized amount, CBO 
estimates that implementing H.R. 755 would cost $500,000 in 
fiscal year 2001. Because the bill would not affect direct 
spending or receipts, pay-as-you-go procedures would not apply. 
(The bill does not authorize the payment of restitution; such 
authority would require a separate act of the Congress.) H.R. 
755 contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would have no 
significant impact on the budgets of state, local, or tribal 
governments.
    The CBO staff contact is John R. Righter. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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