II
Calendar No. 437
107TH CONGRESS
1ST SESSION
H. R. 308
[Report No. 107–172]
IN THE SENATE OF THE UNITED STATES
MARCH 14, 2000
Received; read twice and referred to the Committee on Energy and Natural
Resources
JUNE 24, 2002
Reported by Mr. BINGAMAN, without amendment
AN ACT
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,
HR 308 RS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Guam War Claims Re-
view Commission Act’’.
SEC. 2. 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.—Notwithstanding section 3,
members of the Commission shall not be paid for their
service as members, but in the performance of their duties,
HR 308 RS
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 di-
rector and other employees of the Commission may be ap-
pointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service. Section 3161 of title 5, United States Code, shall
apply to the executive director and other employees of the
Commission.
SEC. 4. 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. 5. 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
HR 308 RS
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
HR 308 RS
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. 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 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 5, 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-
HR 308 RS
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 5.
SEC. 7. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after sub-
mission of its report under section 5(6).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $500,000 to
carry out this Act.
Passed the House of Representatives March 13,
2001.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 437
107TH CONGRESS
2D SESSION
H. R. 308
[Report No. 107–172]
AN ACT
To establish the Guam War Claims Review
Commission.
JUNE 24, 2002
Reported without amendment