II

106TH CONGRESS

2D SESSION S. 2983

To provide for the return of land to the Government of Guam, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27, 2000

Mr. AKAKA (for himself and Mr. INOUYE) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

A BILL

To provide for the return of land to the Government of

Guam, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Guam Omnibus Oppor5 tunities Act’’.

6 SEC. 2. GUAM LAND RETURN ACT.

7 (a) SHORT TITLE.—This section may be cited as the

8 ‘‘Guam Land Return Act’’.

9 (b) DEFINITIONS.—In this section:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means—

3 (A) the Administrator of General Services;

4 or

5 (B) the head of any Federal agency with

6 authority to dispose of excess real property on

7 Guam.

8 (2) BASE CLOSURE LAW.—The term ‘‘base clo9 sure law’’ means—

10 (A) the Defense Base Closure and Realign11 ment Act of 1990 (part A of title XXIX of

12 Public Law 101–510; 10 U.S.C. 2687 note);

13 (B) title II of the Defense Authorization

14 Amendments and Base Closure and Realign15 ment Act (Public Law 100–526; 10 U.S.C.

16 2687 note); or

17 (C) any similar law that provides base clo18 sure authority.

19 (3) DIRECTOR.—The term ‘‘Director’’ means

20 the Director of the United States Fish and Wildlife

21 Service.

22 (4) EXCESS REAL PROPERTY.—The term ‘‘ex23 cess real property’’ means excess property (as is de24 fined in section 3 of the Federal Property and Ad-
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1 ministrative Services Act of 1949 (40 U.S.C. 472))

2 that—

3 (A) is real property; and

4 (B) was acquired by the United States be5 fore the date of enactment of this section.

6 (5) GOVERNMENT.—The term ‘‘Government’’

7 means the Government of Guam.

8 (6) GUAM NATIONAL WILDLIFE REFUGE.—The

9 term ‘‘Guam National Wildlife Refuge’’ includes

10 land to which the Federal Government holds title

11 that is located within the refuge overlay under the

12 jurisdiction of the Department of Defense, identified

13 as Department of Defense land in figure 3, on page

14 74, and as submerged land in figure 7, on page 78,

15 of the document entitled ‘‘Final Environmental As16 sessment for the Proposed Guam National Wildlife

17 Refuge, Territory of Guam, July 1993’’.

18 (7) PUBLIC PURPOSE.—The term ‘‘public pur19 pose’’ means—

20 (A) a public benefit purpose for which the

21 United States may dispose of property under

22 section 203 of the Federal Property and Ad23 ministrative Services Act of 1949 (40 U.S.C.

24 484) (including under the Federal Property

25 Management Regulations under section 101–47
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1 of title 41, Code of Federal Regulations (or any

2 successor regulation) promulgated under that

3 Act); or

4 (B) public benefit uses described under the

5 Guam Excess Lands Act (108 Stat. 3116).

6 (c) TRANSFER OF EXCESS REAL PROPERTY.—

7 (1) NOTICE OF AVAILABILITY.—Except as pro8 vided in subsection (f), before screening excess real

9 property located on Guam for Federal use under sec10 tion 202 of the Federal Property and Administrative

11 Services Act of 1949 (40 U.S.C. 483), the Adminis12 trator shall notify the Government that the property

13 is available for transfer to the Government under

14 this section.

15 (2) OPPORTUNITY FOR ACQUISITION BY

16 GUAM.—

17 (A) IN GENERAL.—If, not later than 180

18 days after the receipt of notice under paragraph

19 (1), the Government notifies the Administrator

20 that the Government intends to acquire the

21 property that is the subject of the notice under

22 paragraph (1), the Administrator shall transfer

23 the property to the Government in accordance

24 with subsections (d) and (e).
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1 (B) NO NOTICE FROM GOVERNMENT.—If

2 the Government does not notify the Adminis3 trator under subparagraph (A), or notifies the

4 Administrator that the Government does not in5 tend to acquire the property that is the subject

6 of a notice under paragraph (1), the Adminis7 trator shall dispose of the property in accord8 ance with the Federal Property and Adminis9 trative Services Act of 1949 (40 U.S.C. 471 et

10 seq.).

11 (d) COMPENSATION.—A transfer of excess real prop12 erty under subsection (c) to the Government for a public

13 purpose shall be made without reimbursement or other

14 compensation from the Government.

15 (e) CONDITIONS.—

16 (1) RESTRICTIVE COVENANTS.—All transfers of

17 excess real property under subsection (c) to the Gov18 ernment shall be subject to such restrictive cov19 enants as the Administrator determines to be nec20 essary to ensure that—

21 (A) the use of the property is compatible

22 with continued military activities on Guam;

23 (B) the use of the property is consistent

24 with the environmental condition of the prop25 erty;
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1 (C) access is available to the United States

2 to conduct any additional environmental reme3 diation or monitoring that may be required con4 cerning the property;

5 (D) to the extent the property was trans6 ferred for a public purpose, the property is so

7 used; and

8 (E) to the extent the property has been

9 used by another Federal agency for a minimum

10 of 2 years, the transfer to the Government is

11 subject to the terms and conditions of any per12 mit interests of the Federal agency until the ex13 piration of the permits concerned.

14 (2) CONSULTATION.—In the case of real prop15 erty on Guam reported as excess by a military de16 partment, and in all cases with respect to paragraph

17 (1)(A), the Administrator shall consult with the Sec18 retary of Defense regarding the restrictive covenants

19 to be imposed on a transfer of the property.

20 (3) OTHER LAWS.—

21 (A) IN GENERAL.—All transfers of excess

22 real property under subsection (c) to the Gov23 ernment shall be subject to all applicable Fed24 eral laws, except section 2696 of title 10,

25 United States Code.
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1 (B) NONAPPLICABILITY OF CERTAIN

2 LAW.—Any property that the Government is

3 given an opportunity to acquire under sub4 section (c) shall not be subject to section 501

5 of the Stewart B. McKinney Homeless Assist6 ance Act (42 U.S.C. 11411).

7 (f) EXEMPTIONS.—Notwithstanding the fact that

8 real property located on Guam and described in this sub9 section may be excess real property, this section shall not

10 apply—

11 (1) to real property that is located within the

12 Guam National Wildlife Refuge, which shall be

13 transferred in accordance with subsection (g);

14 (2) to real property described in the Guam Ex15 cess Lands Act (108 Stat. 3116), which shall be dis16 posed of in accordance with that Act; or

17 (3) to real property on Guam that is declared

18 to be excess real property as a result of a base clo19 sure law.

20 (g) TREATMENT OF GUAM NATIONAL WILDLIFE

21 REFUGE LAND.—

22 (1) NOTIFICATION OF AVAILABILITY; NEGOTIA23 TIONS.—

24 (A) IN GENERAL.—The Administrator

25 shall notify the Government and the Director of
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1 the declaration of any real property within the

2 Guam National Wildlife Refuge as excess real

3 property.

4 (B) DISCUSSIONS.— For not more than

5 180 days after the date on which the Adminis6 trator provides a notice under subparagraph

7 (A), the Government and the Director may en8 gage in discussions toward an agreement pro9 viding for the future ownership and manage10 ment of the excess real property.

11 (2) TRANSFER AND MANAGEMENT UNDER

12 AGREEMENT.—If—

13 (A) the Government and the Director

14 reach an agreement under paragraph (1)(B)

15 within the period specified in that paragraph;

16 and

17 (B) not less than 60 days before the trans18 fer of the excess real property under the agree19 ment, the agreement is submitted to the Com20 mittee on Resources of the House of Represent21 atives and the Committee on Energy and Nat22 ural Resources of the Senate;

23 the property shall be transferred and managed in ac24 cordance with the agreement and subject to this sec25 tion.
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1 (3) EFFECT OF LACK OF AGREEMENT.—Except

2 as provided in paragraph (4), if the Government and

3 the Director do not reach an agreement under para4 graph (1)(B), the Administrator shall submit to

5 Congress a report that contains—

6 (A) a description of the status of the dis7 cussions of the Government and the Director;

8 and

9 (B) recommendations on the likelihood of

10 resolution of differences of, and comments

11 made by, the Director and the Government.

12 (4) MILITARY JURISDICTION.—

13 (A) IN GENERAL.—If property that is the

14 subject of a notice under paragraph (1)(A) is

15 under the jurisdiction of the Secretary of De16 fense, the Secretary of Defense may transfer

17 administrative jurisdiction over the property to

18 the Administrator.

19 (B) CONGRESSIONAL AUTHORIZATION OF

20 TRANSFERS.—Absent an agreement on the fu21 ture ownership and use of property referred to

22 in subparagraph (A), except by an Act of Con23 gress specifically identifying the property—

24 (i) administrative jurisdiction over the

25 property shall not be transferred to a Fed-
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1 eral agency other than the Department of

2 Defense; and

3 (ii) the property shall not be conveyed

4 out of Federal ownership.

5 (5) EVENTUAL AGREEMENT.—If—

6 (A) the Government and the Director

7 reach an agreement under paragraph (1)(B) be8 fore Congress acts in response to a report sub9 mitted under paragraph (3); and

10 (B) not less than 60 days before the trans11 fer of the excess real property under the agree12 ment, the agreement is submitted to the Com13 mittee on Resources of the House of Represent14 atives and the Committee on Energy and Nat15 ural Resources of the Senate;

16 the property shall be transferred and managed in ac17 cordance with the agreement and subject to this sec18 tion.

19 (h) DUAL CLASSIFICATION OF PROPERTY.—If a par20 cel of real property on Guam that is declared excess real

21 property as a result of a base closure law is located within

22 the boundary of the Guam National Wildlife Refuge, the

23 parcel of property shall be disposed of in accordance with

24 the base closure law.
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1 (i) AUTHORITY TO PROMULGATE REGULATIONS.—

2 The Administrator, after consultation with the Secretary

3 of Defense and the Secretary of Interior, may promulgate

4 such regulations as the Administrator determines are nec5 essary to carry out this section.

6 SEC. 3. GUAM FOREIGN DIRECT INVESTMENT EQUITY ACT.

7 (a) SHORT TITLE.—This section may be cited as the

8 ‘‘Guam Foreign Direct Investment Equity Act’’.

9 (b) IN GENERAL.—Section 31(d) of the Organic Act

10 of Guam (48 U.S.C. 1421i(d)) is amended by adding at

11 the end the following:

12 ‘‘(3) RATE OF TAX.—In applying as the Guam

13 Territorial income tax the income-tax laws in force

14 on Guam under subsection (a), the rate of tax under

15 sections 871, 881, 884, 1441, 1442, 1443, 1445,

16 and 1446 of the Internal Revenue Code of 1986 on

17 any item of income from sources within Guam shall

18 be the same as the rate that would apply with re19 spect to the item were Guam treated as part of the

20 United States for purposes of the treaty obligations

21 of the United States.’’.

22 (c) CERTAIN GUAM-BASED TRUSTS EXEMPT.—This

23 section shall not apply to any Guam-based trust formed

24 under division 2 of title 11 of chapter 160 of the Guam

25 Code Annotated.
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1 (d) EFFECTIVE DATE.—The amendment made by

2 subsection (b) shall apply to amounts paid after the date

3 of enactment of this Act.

4 SEC. 4. IMPORTATION OF BETEL NUTS (‘‘ARECA NUTS’’) FOR

5 PERSONAL CONSUMPTION.

6 (a) DEFINITIONS.—In this section:

7 (1) BETEL NUTS.—The term ‘‘betel nuts’’

8 means husked betel nuts grown on Guam.

9 (2) CUSTOMS TERRITORY OF THE UNITED

10 STATES.—The term ‘‘customs territory of the United

11 States’’ has the meaning given the term in general

12 note 2 of the Harmonized Tariff Schedule of the

13 United States.

14 (b) IMPORTATION OF BETEL NUTS.—Notwith15 standing any other provision of law (including sections

16 402 and 801 of the Federal Food, Drug, and Cosmetic

17 Act (21 U.S.C. 342, 381)), Guam shall be deemed to be

18 within the customs territory of the United States in the

19 case of importation from Guam into the United States of

20 betel nuts (also known as ‘‘areca nuts’’) by an individual

21 for personal consumption by the individual.

22 SEC. 5. COMPACT IMPACT REPORTS.

23 Section 104(e)(2) of Public Law 99–239 (99 Stat.

24 1788) is amended—
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1 (1) by striking the first sentence and inserting

2 the following:

3 ‘‘(1) IN GENERAL.—The Governor of any of the

4 United States territories, commonwealths, or the

5 State of Hawaii may report to the Secretary of the

6 Interior, not later than February 1 of each year,

7 with respect to the financial and social impacts of

8 the compacts of free association on the Governor’s

9 respective jurisdiction.

10 ‘‘(2) TRANSMITTAL TO CONGRESS.—The Sec11 retary of the Interior shall review and transmit any

12 such reports to Congress with the comments and

13 recommendations of the Administration.

14 ‘‘(3) GRANTS.—The Secretary of the Interior

15 shall, either directly or, subject to available technical

16 assistance funds, through a grant to the affected ju17 risdiction, provide for a census of Micronesians at

18 intervals of not more than 5 years from each decen19 nial United States census using generally acceptable

20 statistical methodologies for each of the impact ju21 risdictions where the Governor requests the assist22 ance, except that the total expenditures to carry out

23 this sentence may not exceed $300,000 in any

24 year.’’; and
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1 (2) by striking ‘‘Reports submitted’’ and insert2 ing the following:

3 ‘‘(4) CONTENTS OF REPORTS.—Reports sub4 mitted’’.

5 SEC. 6. GUAM WAR CLAIMS REVIEW COMMISSION.

6 (a) FINDINGS.—Congress finds that—

7 (1) under the Treaty of Paris in 1898, which

8 ended the war between Spain and the United States,

9 the United States acquired sovereignty over Guam;

10 (2) for 51 years, from the end of the Spanish11 American War until the transfer of Guam to the De12 partment of the Interior in September 1949, Guam

13 was administered by the Department of the Navy,

14 and the people of Guam were United States nation15 als until August 1, 1950, when they became United

16 States citizens on the enactment of Organic Act of

17 Guam (48 U.S.C. 1421 et seq.);

18 (3) Japanese armed forces invaded Guam on

19 December 8, 1941, and occupied Guam for nearly 3

20 years;

21 (4) Guam was the only United States territory,

22 possession, or State with civilians present that was

23 occupied by the Japanese armed forces during World

24 War II;
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1 (5) during this period of Japanese occupation,

2 the people of Guam were subjected to death, per3 sonal injury, forced labor, forced march, and intern4 ment;

5 (6) on July 21, 1944, the United States liber6 ated Guam from Japanese occupation;

7 (7) on June 9, 1945, in a letter from the Hon8 orable H. Strive Hensel, Acting Secretary of the

9 Navy, to the Honorable Sam Rayburn, Speaker of

10 the House of Representatives, Mr. Hensel trans11 mitted proposed legislation to provide relief to the

12 residents of Guam through the settlement of meri13 torious claims;

14 (8) the Act of November 15, 1945 (commonly

15 known as ‘‘the Guam Meritorious Claims Act’’) (59

16 Stat. 582, chapter 483) authorized the Secretary of

17 the Navy to adjudicate and settle claims, for a pe18 riod of 1 year, for property damage occurring on

19 Guam during the occupation of Japanese forces; cer20 tification of claims in excess of $5,000 or any claims

21 for personal injury or death were required to be for22 warded to Congress;

23 (9) on January 8, 1947, Secretary of the Navy

24 James Forrestal appointed a civilian commission,

25 known as the ‘‘Hopkins Commission’’, to study and
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1 make recommendations on the Naval administration

2 of Guam;

3 (10) on March 25, 1947, the Hopkins Commis4 sion submitted a report (referred to in this section

5 as the ‘‘Report’’) to Secretary Forrestal stating—

6 (A) that settlements and payments for war

7 damage claims on property, personal injury,

8 and death had proceeded slowly;

9 (B) that immediate steps should be taken

10 to hasten the process and to remove unsound

11 and unfair distinctions in the allowance for

12 claims; and

13 (C) that when many claimants were ad14 vised that the local Naval Claims Commission

15 had power to settle and make immediate pay16 ments of claims not in excess of $5,000, but

17 that claims above that amount were required to

18 be forwarded to Washington for further action

19 with an indefinite time required for payment,

20 the claimants agreed to reduce their claims to

21 below $5,000 in order to receive money for

22 much-needed personal rehabilitation;

23 (11) the Report—

24 (A) recommended that the Act of Novem25 ber 15, 1945, be amended to authorize Navy of-
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1 ficials to provide immediate settlement and pay2 ment of all claims; and

3 (B) stated that officials of the Naval

4 Claims Commission testified to the basic hon5 esty and fairness of the Guamanians in pre6 senting their claims, that review in Washington

7 of claims between $5,000 and $10,000 did not

8 serve any useful purpose, and that sufficient re9 liance and trust should be placed with the

10 Naval authorities on Guam to safeguard the na11 tional interest;

12 (12) the War Claims Act of 1948 (62 Stat

13 1240, chapter 826), was enacted to address victims

14 of World War II;

15 (13) that Act authorized the creation of a com16 mission to make inquiries and reports to settle

17 claims of American citizens and military personnel

18 imprisoned during World War II, civilian American

19 citizens captured by the Imperial Japanese Govern20 ment, United States contractual employees, and reli21 gious organizations located in the Philippines;

22 (14) despite the recommendations of the Hop23 kins Commission to amend the Act of November 15,

24 1945, the War Claims Act of 1948 did not address
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1 the claims arising out of the Japanese occupation of

2 Guam;

3 (15) in 1950, Congress enacted the Organic Act

4 of Guam (48 U.S.C. 1421 et seq.), granting the peo5 ple of Guam United States citizenship and a meas6 ure of self-government;

7 (16) on September 8, 1951, the United States,

8 along with 47 allied powers, signed a peace treaty

9 with Japan that waived all claims of reparations

10 against Japan by United States citizens;

11 (17) in 1962, Congress amended the War

12 Claims Act of 1948 to address the United States

13 citizens and nationals that had not received repara14 tions under the previously-enacted laws, but the peo15 ple of Guam were excluded from the amendment be16 cause Federal policymakers believed that the people

17 of Guam had been covered under the War Claims

18 Act of 1948;

19 (18) as a consequence, despite the study and

20 recommendations of the Hopkins Commission, which

21 concluded that reparations for Guam as provided by

22 the Act of November 15, 1945 fell short of rehabili23 tating the island and redressing damages suffered by

24 its people from the occupation of Japan, Congress
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1 failed to address the recommendations of the Hop2 kins Commission under the War Claims Act of 1948;

3 (19) on December 30, 1980, the Government of

4 Guam created a Guam Reparations Commission,

5 which compiled war damage claims for death, per6 sonal injury, forced labor, forced march, and intern7 ment from survivors or descendants who did not re8 ceive full reparations under the Act of November 15,

9 1945;

10 (20) since Guam was given the authority to be

11 represented in Congress by an elected representative

12 in 1972, each Delegate from Guam to the House of

13 Representatives has introduced legislation to correct

14 the flaws of the Act of November 15, 1945, and the

15 War Claims Act of 1948;

16 (21) Guam war restitution is long overdue;

17 (22) Congress supports the findings and rec18 ommendations of the Hopkins Commission and rec19 ognizes the declining population of survivors from

20 the Japanese occupation of Guam in World War II;

21 and

22 (23) there is sufficient cause to revisit Guam

23 war restitution by establishing a commission to re24 view the relevant history and to determine the ap25 propriate relief damages to eligible claimants, the
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1 eligibility requirements, and the total amount nec2 essary for compensation to the people of Guam who

3 experienced the occupation by Japanese military

4 forces from December 8, 1941, to July 21, 1944.

5 (b) ESTABLISHMENT OF COMMISSION.—

6 (1) ESTABLISHMENT.—There is established a

7 commission to be known as the ‘‘Guam War Claims

8 Review Commission’’ (referred to in this section as

9 the ‘‘Commission’’).

10 (2) MEMBERS.—

11 (A) QUALIFICATIONS.—The Commission

12 shall be composed of 5 members who by virtue

13 of their background and experience are particu14 larly suited to contribute to the achievement of

15 the purposes of the Commission.

16 (B) APPOINTMENT.—Not later than 60

17 days after funds are made available to carry out

18 this section, the Secretary of the Interior shall

19 appoint the members of the Commission, of

20 whom—

21 (i) 1 shall be appointed from a list of

22 3 names submitted by the Governor of

23 Guam; and
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1 (ii) 1 shall be appointed from a list of

2 3 names submitted by the Delegate of

3 Guam to the House of Representatives.

4 (3) CHAIRPERSON.—The Commission shall se5 lect a Chairman from among its members.

6 (4) TERM.—The term of a member of the Com7 mission shall be the life of the Commission.

8 (5) VACANCIES.—A vacancy in the Commission

9 shall be filled in the same manner as the original ap10 pointment.

11 (6) COMPENSATION.— A member of the Com12 mission shall serve without compensation, but shall

13 be reimbursed for travel, subsistence, and other nec14 essary expenses incurred by the member in the per15 formance of the duties of the Commission in accord16 ance with chapter 57 of title 5, United States Code.

17 (c) STAFF.—The Commission may appoint and fix

18 the pay of an executive director and such other staff as

19 the Commission may require without regard to the provi20 sions of title 5, United States Code, governing appoint21 ments in the competitive service or to the provisions of

22 chapter 51 and subchapter II of chapter 53 of that title

23 relating to the classification and General Schedule pay

24 rates, except that the compensation of any employees of

25 the Commission may not exceed a rate equivalent to the
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1 minimum rate of basic pay payable for GS–15 of the Gen2 eral Schedule under section 5332(a) of that title.

3 (d) ADMINISTRATIVE SUPPORT.—The Secretary of

4 the Interior shall provide the Commission, on a reimburs5 able basis, such administrative support services as the

6 Commission may request.

7 (e) DUTIES.—The Commission shall—

8 (1) review the facts and circumstances sur9 rounding the implementation and administration of

10 the Act of November 15, 1945, and the effectiveness

11 of that Act in addressing the war claims of Amer12 ican nationals residing on Guam between December

13 8, 1941, and July 21, 1944;

14 (2) review all relevant Federal and Guam terri15 torial laws, records of oral testimony previously

16 taken, and documents on Guam and the Archives of

17 the Federal Government regarding Federal pay18 ments of war claims on Guam;

19 (3) receive oral testimony of persons who per20 sonally experienced the taking and occupation of

21 Guam by Japanese military forces, noting especially

22 the effects of infliction of death, personal injury,

23 forced labor, forced march, and internment;

24 (4) determine whether there was parity of war

25 claims paid to the residents of Guam under the Act
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1 of November 15, 1945, with war claims paid to

2 United States citizens or nationals who lived in or

3 had holdings in foreign countries and other posses4 sions of the United States occupied by the Japanese

5 during World War II;

6 (5) estimate the amount necessary to com7 pensate the people of Guam for death, personal in8 jury, forced labor, forced march, and internment;

9 and

10 (6) not later than 270 days after all of the

11 members of the Commission are appointed, submit

12 to the Secretary of the Interior, the Committee on

13 Resources and the Committee on the Judiciary of

14 the House of Representatives, and the Committee on

15 Energy and Natural Resources and the Committee

16 on the Judiciary of the Senate a report that includes

17 any comments or recommendations for action.

18 (f) POWERS OF THE COMMISSION.—Subject to gen19 eral policies that the Commission may adopt, the Chair20 man of the Commission—

21 (1) shall exercise the executive and administra22 tive powers of the Commission; and

23 (2) may delegate those powers to the staff of

24 the Commission.
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1 (g) TERMINATION OF COMMISSION.—The Commis2 sion shall terminate on the date that is 30 days after the

3 date on which the Commission submits the report under

4 subsection (e)(6).

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $500,000.

Æ