H.R. 755 (ih) To amend the Organic Act of Guam to provide restitution to the people of Guam who suffered atrocities such as personal injury, forced labor, forced marches, internment, and death during the occupation of Guam in World War II, and for other p...

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106th CONGRESS

  2d Session

                               H. R. 755

_______________________________________________________________________

                                 AN ACT

          To establish the Guam War Claims Review Commission.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 755

_______________________________________________________________________

                                 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'' (hereinafter 
referred to as the ``Commission'').
    (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 
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.--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. 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 competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter II 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 equivalent to the minimum rate of basic pay payable for GS-15 of 
the General Schedule under section 5332(a) of such title.

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 
        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 
        with war claims paid to United States citizens or nationals who 
        lived in or had holdings in foreign countries and other 
        possessions of the United States occupied by the Japanese 
        during World War II;
            (5) estimate the total amount 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 
        established submit a report, including any comments or 
        recommendations 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.

    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 
        Commission.

SEC. 7. TERMINATION OF COMMISSION.

    The Commission shall terminate 30 days after submission of its 
report.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $500,000 to carry out this 
Act.

            Passed the House of Representatives September 12, 2000.

            Attest:

                                                                 Clerk.

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