H. R. 308
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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 mem-
bers who by virtue of their background and experience are particu-
larly 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 appoint-
ments in the competitive service. Section 3161 of title 5, United
States Code, shall apply to the executive director and other
employees of the Commission.
H. R. 308—2
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 experi-
enced the taking and occupation of Guam by Japanese military
forces, noting especially the effects of infliction of death, per-
sonal 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 estab-
lished submit a report, including any comments or recommenda-
tions 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 Commis-
sion.
(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