Text: H.R.308 — 107th Congress (2001-2002)All Information (Except Text)
Public Law No: 107-333 (12/16/2002)
[107th Congress Public Law 333]
[From the U.S. Government Printing Office]
[[Page 116 STAT. 2873]]
Public Law 107-333
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
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
(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
(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
Approved December 16, 2002.
LEGISLATIVE HISTORY--H.R. 308:
SENATE REPORTS: No. 107-172 (Comm. on Energy and Natural Resources).
Vol. 147 (2001):
Mar. 13, considered and passed
Vol. 148 (2002):
Nov. 19, considered and passed