Text: H.R.308 — 107th Congress (2001-2002)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 107-333 (12/16/2002)

 
[107th Congress Public Law 333]
[From the U.S. Government Printing Office]


[DOCID: f:publ333.107]

[[Page 116 STAT. 2873]]

Public Law 107-333
107th Congress

                                 An Act


 
  To establish the Guam War Claims Review Commission. <<NOTE: Dec. 16, 
                          2002 -  [H.R. 308]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Guam War Claims Review 
Commission Act. 50 app. 2061 note.>>  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 members who 
by virtue of their background and experience are particularly suited to 
contribute to the achievement of the purposes of the 
Commission. <<NOTE: Deadline.>>  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 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.

[[Page 116 STAT. 2874]]

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 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) <<NOTE: Deadline. Reports.>>  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.

    (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 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 
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

[[Page 116 STAT. 2875]]

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 submission 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.

    Approved December 16, 2002.

LEGISLATIVE HISTORY--H.R. 308:
---------------------------------------------------------------------------

SENATE REPORTS: No. 107-172 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 147 (2001):
                                    Mar. 13, considered and passed 
                                        House.
                                                        Vol. 148 (2002):
                                    Nov. 19, considered and passed 
                                        Senate.

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