[House Report 106-815]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-815
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GUAM WAR CLAIMS REVIEW COMMISSION ACT
_______
September 6, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 755]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 755) 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
PURPOSE OF THE BILL
The purpose of H.R. 755 is 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.
BACKGROUND AND NEED FOR LEGISLATION
The United States acquired the territory of Guam in the
western Pacific Ocean from Spain at the conclusion of the
Spanish-American War in 1898. The residents of Guam promptly
became U.S. nationals on the transfer of sovereignty from Spain
to America under terms of the Treaty of Paris. As U.S.
nationals, the people of Guam were steadfastly loyal to the
Nation throughout the first half of the century, including the
dark years of occupation by Japan in World War II.
Truly, it was during the reign of the invaders from the
nearby Empire of Japan on American flag soil that the people of
Guam demonstrated their unwavering loyalty to the United States
in spite of the grievous atrocities of war, which included
executions, mayhem, forced labor and marches, internment, and
deprivation of fundamental human and civil rights. The U.S.
nationals of Guam risked their lives and property to actively
support U.S. forces liberating Guam and ending the foreign
occupation of an American territory.
With the American flag once again flying over Guam, the
campaign to end the war moved forward. Guam's close proximity
to Japan initially made the territory vulnerable for
occupation, However, Guam's location became an ideal staging
area for the American offense that ended World War II in 1945.
There is a lot of historical information available to show
that the United States had every intention of remedying the
issue of war restitution for the people of Guam. In 1945, at
the urging of the Acting Secretary of the Navy to the House of
Representatives, the Guam Meritorious Claims Act was enacted
which authorized the Navy to adjudicate and settle war claims
in Guam for property damage for a period of one year. Claims in
excess of $5,000 for personal injury or death were to be
forwarded to Congress. Unfortunately, that Act never fulfilled
its intended purposes due to the limited time frame for claims
and the preoccupation with the local population to recover from
the war, resettle their homes, and rebuild their lives.
On March 25, 1947, the Hopkins Commission, a civilian
commission appointed by the U.S. Navy Secretary, issued a
report which revealed the flaws of the 1945 Guam Meritorious
Claims Act and recommended that the Act be amended to provide
on-the-spot settlement and payment of all claims, including
property, death and personal injury. However, despite the
recommendations of the Hopkins Commission, the U.S. government
failed to remedy the flaws of the Guam Meritorious Act when it
enacted the War Claims Act of 1948, legislation which provided
compensation for U.S. citizens who were victims of the Japanese
war effort during World War II. This Act did not cover
Guamanians, who were U.S. nationals and not U.S. citizens.
Subsequently, Guamanians finally became U.S. citizens under the
1950 Organic Act of Guam.
In 1962, there was another attempt by Congress to address
the remaining U.S. citizens and nationals that had not received
reparations from previous enacted laws. Once again, however,
Guamanians were inadvertently made ineligible because
policymakers assumed that the War Claims Act of 1948 included
them. Thus, Guam was left out of the 1962 act.
Leaders of Guam have repeatedly asked the United States to
address the oversight. Action has been taken by every Guam
delegate to Congress, including Delegates Antonio Won Pat and
Ben Blaz, to directly authorize Guam war restitution. The last
legislative action on the issue was during the 104th Congress
when the House Resources Committee favorably reported Guam
Delegate Robert A. Underwood's Guam War Restitution bill, H.R.
2041, out of Committee on October 11, 1996. There was no
similar action during the 105th Congress.
One of the major obstacles to a resolution of restitution
to Guam has been the lack of a comprehensive list of claimants
by the federal government and the related amounts of
reparations. A recent solution proposed during Congressional
hearings was to temporarily establish a federal commission to
first determine the universe of claims.
COMMITTEE ACTION
H.R. 755 was introduced on February 11, 1999, by
Congressman Robert A. Underwood (D-GU). The bill was referred
to the Committee on Resources. On April 13, 2000, the Committee
held a hearing on the bill. On June 28, 2000, the full
Resources Committee met to mark up the bill. Congressman
Underwood offered an amendment in the nature of a substitute to
establish a temporary federal commission by the Secretary of
the Interior, lasting no more than 10 months at a cost not to
exceed $500,000, to estimate the total amount necessary to
compensate the people of Guam for death, personal injury,
forced labor, forced march, and internment. The amendment was
adopted by voice vote. The bill as amended was then ordered
favorably reported to the House of Representatives by voice
vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
CONSTITUTIONAL AUTHORITY STATEMENT
Article IV, section 3 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 6, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 755, the Guam War
Claims Review Commission Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely.
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 755--Guam War Claims Review Commission Act
H.R. 755 would establish the Guam War Claims Review
Commission to consider restitution for those individuals who
resided on the island of Guam, a territory of the United
States, during its occupation by the Japanese in World War II.
Under H.R. 755, the five commission members would establish
eligibility requirements, determine the number of individuals
who meet such requirements, and estimate the total amount that
would be necessary to adequately compensate them for damages
suffered during Japan's occupation. The commission would have
nine months to report its findings to the Congress. To fund the
costs of the commission, the bill would authorize the
appropriation of $500,000.
Assuming appropriation of the authorized amount, CBO
estimates that implementing H.R. 755 would cost $500,000 in
fiscal year 2001. Because the bill would not affect direct
spending or receipts, pay-as-you-go procedures would not apply.
(The bill does not authorize the payment of restitution; such
authority would require a separate act of the Congress.) H.R.
755 contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would have no
significant impact on the budgets of state, local, or tribal
governments.
The CBO staff contact is John R. Righter. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.