I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Guam War Claims Re-
view 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, per-
sonal injury, forced labor, forced march, and intern-
ment.
(6) On July 21, 1944, the United States liber-
ated Guam from Japanese occupation.
(7) On June 9, 1945, in a letter from the Hon-
orable H. Strive Hensel, Acting Secretary of the
Navy, to the Honorable Sam Rayburn, Speaker of
the House of Representatives, Mr. Hensel trans-
mitted proposed legislation to provide relief to the
residents of Guam through the settlement of meri-
torious claims.
(8) On November 15, 1945, the Guam Meri-
torious 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 Japa-
nese 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 com-
mission, referred to as the Hopkins Commission, to
study and make recommendations on the Naval ad-
ministration of Guam.
(10) On March 25, 1947, the Hopkins Commis-
sion 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 imme-
diate 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 imme-
diate payments of claims not in excess of $5,000 but
that claims above that amount must go to Wash-
ington for further action with an indefinite time re-
quired 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 hon-
esty and fairness of the Guamanians in presenting
their claims, that review in Washington of claims be-
tween $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 Meri-
torious 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 reha-
bilitating the island and redressing damages suffered
by its people from the occupation of Japan, Con-
gress 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, intern-
ment, 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 Meri-
torious Claims Act and the War Claims Act of 1948.
(24) Guam war restitution is long overdue.
(25) Congress supports the findings and rec-
ommendations of the Hopkins Commission and rec-
ognizes 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 nec-
essary 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 Re-
view Commission’’ (in this Act referred to as the ‘‘Com-
mission’’).
(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 mem-
bers 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 com-
petitive 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 equiv-
alent 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 Com-
mission, on a reimbursable basis, such administrative sup-
port services as the Commission may request.
SEC. 6. DUTIES OF COMMISSION.
The Commission shall—
(1) review the facts and circumstances sur-
rounding the implementation and administration of
the Guam Meritorious Claims Act and the effective-
ness of such Act in addressing the war claims of
American nationals residing on Guam between De-
cember 8, 1941, and July 21, 1944;
(2) review all relevant Federal and Guam terri-
torial laws, records of oral testimony previously
taken, and documents in Guam and the Archives of
the Federal Government regarding Federal pay-
ments of war claims in Guam;
(3) receive oral testimony of persons who per-
sonally 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 Commis-
sion is established submit a report, including any
comments or recommendations for action, to the
Secretary of the Interior, the Committee on Re-
sources and the Committee on the Judiciary of the
House of Representatives and the Committee on En-
ergy 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 administra-
tive 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 con-
siders 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 Gen-
eral Schedule. The services of an expert or consultant may
be procured without compensation if the expert or consult-
ant agrees to such an arrangement, in writing, in advance.
(d) SUPPORT OF FEDERAL AGENCIES.—Upon re-
quest of the Commission, the head of any Federal depart-
ment 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 sub-
mission 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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