IIB

106TH CONGRESS

2D SESSION H. R. 755

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 13, 2000

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

Resources

AN ACT

To establish the Guam War Claims Review Commission.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 755 RFS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Guam War Claims Re3 view Commission Act’’.

4 SEC. 2. ESTABLISHMENT OF COMMISSION.

5 (a) ESTABLISHMENT.—There is hereby established a

6 commission to be known as the ‘‘Guam War Claims Re7 view Commission’’ (hereinafter referred to as the ‘‘Com8 mission’’).

9 (b) MEMBERS.—The Commission shall be composed

10 of five members who by virtue of their background and

11 experience are particularly suited to contribute to the

12 achievement of the purposes of the Commission. The mem13 bers shall be appointed by the Secretary of the Interior

14 not later than 60 days after funds are made available for

15 this Act. Two of the members shall be selected as follows:

16 (1) One member appointed from a list of three

17 names submitted by the Governor of Guam.

18 (2) One member appointed from a list of three

19 names submitted by the Guam Delegate to the

20 United States House of Representatives.

21 (c) CHAIRPERSON.—The Commission shall select a

22 Chairman from among its members. The term of office

23 shall be for the life of the Commission.

24 (d) COMPENSATION.—Members of the Commission

25 shall not be paid for their service as members, but in the

26 performance of their duties, shall receive travel expenses,
3

HR 755 RFS

1 including per diem in lieu of subsistence, in accordance

2 with sections 5702 and 5703 of title 5, United States

3 Code.

4 (e) VACANCY.—Any vacancy in the Commission shall

5 be filled in the same manner as the original appointment.

6 SEC. 3. STAFF.

7 The Commission may appoint and fix the pay of an

8 executive director and other staff as it may require. The

9 executive director and other staff of the Commission may

10 be appointed without regard to the provisions of title 5,

11 United States Code, governing appointments in the com12 petitive service, and may be paid without regard to the

13 provisions of chapter 51 and subchapter II of chapter 53

14 of such title, relating to the classification and General

15 Schedule pay rates, except that the compensation of any

16 employees of the Commission may not exceed a rate equiv17 alent to the minimum rate of basic pay payable for GS–

18 15 of the General Schedule under section 5332(a) of such

19 title.

20 SEC. 4. ADMINISTRATIVE.

21 The Secretary of the Interior shall provide the Com22 mission, on a reimbursable basis, such administrative sup23 port services as the Commission may request.

24 SEC. 5. DUTIES OF COMMISSION.

25 The Commission shall—
4

HR 755 RFS

1 (1) review the facts and circumstances sur2 rounding the implementation and administration of

3 the Guam Meritorious Claims Act and the effective4 ness of such Act in addressing the war claims of

5 American nationals residing on Guam between De6 cember 8, 1941, and July 21, 1944;

7 (2) review all relevant Federal and Guam terri8 torial laws, records of oral testimony previously

9 taken, and documents in Guam and the Archives of

10 the Federal Government regarding Federal pay11 ments of war claims in Guam;

12 (3) receive oral testimony of persons who per13 sonally experienced the taking and occupation of

14 Guam by Japanese military forces, noting especially

15 the effects of infliction of death, personal injury,

16 forced labor, forced march, and internment;

17 (4) determine whether there was parity of war

18 claims paid to the residents of Guam under the

19 Guam Meritorious Claims Act with war claims paid

20 to United States citizens or nationals who lived in or

21 had holdings in foreign countries and other posses22 sions of the United States occupied by the Japanese

23 during World War II;

24 (5) estimate the total amount necessary to com25 pensate the people of Guam for death, personal in-
5

HR 755 RFS

1 jury, forced labor, forced march, and internment;

2 and

3 (6) not later than 9 months after the Commis4 sion is established submit a report, including any

5 comments or recommendations for action, to the

6 Secretary of the Interior, the Committee on Re7 sources and the Committee on the Judiciary of the

8 House of Representatives and the Committee on En9 ergy and Natural Resources and the Committee on

10 the Judiciary of the Senate.

11 SEC. 6. POWERS OF THE COMMISSION.

12 Subject to general policies that the Commission may

13 adopt, the Chairman of the Commission—

14 (1) shall exercise the executive and administra15 tive powers of the Commission; and

16 (2) may delegate such powers to the staff of the

17 Commission.

18 SEC. 7. TERMINATION OF COMMISSION.

19 The Commission shall terminate 30 days after sub20 mission of its report.
6

HR 755 RFS

1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated $500,000 to

3 carry out this Act.

Passed the House of Representatives September 12,

2000.

Attest: JEFF TRANDAHL,

Clerk.