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Union Calendar No. 476
106th CONGRESS
2d Session
H. R. 755
[Report No. 106-815]
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 purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 1999
Mr. Underwood (for himself, Mr. Abercrombie, Mr. Faleomavaega, Mr.
Kennedy of Rhode Island, Mr. Romero-Barcelo, Mrs. Christian-
Christensen, Mr. Lipinski, Mr. Frost, Mr. Holden, and Mr. Ortiz)
introduced the following bill; which was referred to the Committee on
Resources
September 6, 2000
Additional sponsors: Mr. Hyde and Mr. George Miller of California
September 6, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 11, 1999]
_______________________________________________________________________
A BILL
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 purposes.
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. 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, personal injury, forced labor,
forced march, and internment.
(6) On July 21, 1944, the United States liberated Guam from
Japanese occupation.
(7) On June 9, 1945, in a letter from the Honorable H.
Strive Hensel, Acting Secretary of the Navy, to the Honorable
Sam Rayburn, Speaker of the House of Representatives, Mr.
Hensel transmitted proposed legislation to provide relief to
the residents of Guam through the settlement of meritorious
claims.
(8) On November 15, 1945, the Guam Meritorious 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
Japanese 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 commission, referred to as the
Hopkins Commission, to study and make recommendations on the
Naval administration of Guam.
(10) On March 25, 1947, the Hopkins Commission 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 immediate 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 immediate payments of claims not in excess of
$5,000 but that claims above that amount must go to Washington
for further action with an indefinite time required 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 honesty and fairness
of the Guamanians in presenting their claims, that review in
Washington of claims between $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 Meritorious 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 rehabilitating the island and redressing
damages suffered by its people from the occupation of Japan,
Congress 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, internment, 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 Meritorious Claims Act and the War Claims Act of 1948.
(24) Guam war restitution is long overdue.
(25) Congress supports the findings and recommendations of
the Hopkins Commission and recognizes 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 necessary 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 Review Commission'' (hereinafter
referred to as the ``Commission'').
(b) Members.--The Commission shall be composed of 5 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. 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 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. 5. ADMINISTRATIVE.
The Secretary of the Interior shall provide the Commission, on a
reimbursable basis, such administrative support services as the
Commission may request.
SEC. 6. 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. 7. 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. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submission of its
report.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $500,000 to carry out this
Act.
Union Calendar No. 476
106th CONGRESS
2d Session
H. R. 755
[Report No. 106-815]
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