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DOI - 16610 - Guam War Claims Review Commission - Statutory (Congress Created)
Hide Section - GENERAL INFORMATION

GENERAL INFORMATION

Committee NameGuam War Claims Review CommissionAgency NameDepartment of the Interior
Fiscal Year2004Committee Number16610
Original Establishment Date12/16/2002Committee StatusTerminated
Actual Termination Date7/10/2004Committee URLhttp://www.doi.gov/oia/Stories/warclaim/finalwa...
New Committee This FYNoPresidential Appointments*No
Terminated This FYYesMax Number of Members*5
Current Charter Date9/10/2003Designated Fed Officer Position Title*Designate Federal Official
Date Of Renewal Charter9/10/2005Designated Federal Officer Prefix
Projected Termination Date7/10/2004Designated Federal Officer First Name*Stephen
Exempt From Renewal*NoDesignated Federal Officer Middle NameD.
Specific Termination AuthorityPL 107-333Designated Federal Officer Last Name*Sander
Establishment Authority*Statutory (Congress Created)Designated Federal Officer Suffix
Specific Establishment Authority*PL 107-333Designated Federal Officer Phone*(202) 208-4754
Effective Date Of Authority*12/16/2002Designated Federal Officer Fax*(202) 501-7759
Exempt From EO 13875 Discretionary Cmte Designated Federal Officer Email*stephen_sander@os.doi.gov
Committee Type*Ad hoc
Presidential*No
Committee Function*Grant Review Committee
Hide Section - RECOMMENDATION/JUSTIFICATIONS

RECOMMENDATION/JUSTIFICATIONS

Agency Recommendation*Terminate
Legislation to Terminate RequiredNo
Legislation Status 
How does cmte accomplish its purpose?*The Commission shall provide 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. A draft report shall be submitted to the Secretary of the Interior (Secretary) within 8 months from the date the charter is filed, with the final report submitted 9 months from the date the charter is filed 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
How is membership balanced?*The Commission is composed of five members appointed by the Secretary who by virtue of their background and experience are particularly suited to contribute to the achievement of the purposes of the Commission. Two members were appointed by the Secretary from separate lists candidates submitted by the Governor of Guam and the Delegate from Guam to the U.S. House of Representatives.
How frequent & relevant are cmte mtgs?*Estimated Number of Meetings per Year - 6 Estimated Total Meetings - 6
Why advice can't be obtained elsewhere?*The Commission is to 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. CMO is required to provide this information.
Why close or partially close meetings?All meetings (except those to discuss administrative details) will be open to the public.
Recommendation RemarksThis Commission has fulfilled it statutory duties to submit a report, which can be found at:

http://www.doi.gov/oia/Stories/warclaim/finalwarclaimrpt/Gumwarclaimsum.htm

The Commission's recommendations can be found on pages 79 through 82 of the report.
Hide Section - PERFORMANCE MEASURES

PERFORMANCE MEASURES

Outcome Improvement To Health Or Safety*NoAction Reorganize Priorities*No
Outcome Trust In GovernmentYesAction Reallocate ResourcesNo
Outcome Major Policy ChangesNoAction Issued New RegulationsNo
Outcome Advance In Scientific ResearchNoAction Proposed LegislationNo
Outcome Effective Grant MakingNoAction Approved Grants Or Other PaymentsNo
Outcome Improved Service DeliveryNoAction OtherNo
Outcome Increased Customer SatisfactionYesAction Commentn/A
Outcome Implement Laws/Reg RequirementsNoGrants Review*No
Outcome OtherNoNumber Of Grants Reviewed0
Outcome CommentNANumber Of Grants Recommended0
Cost Savings*NoneDollar Value Of Grants Recommended$0.00
Cost Savings CommentThe Commission's recommendations to the Congress call for the payment of additional war claims awards in excess of $100 million.Grants Review CommentThe work of the Commission did not involve Grants.
Number Of Recommendations*6Access Contact Designated Fed. Officer*No
Number Of Recommendations CommentRecommendation HighlightsUnder the Guam War Claims Review Commission Act, this Commission is directed to 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.After extensive research, review of information, discussion, and analysis, and the findings made in the preceding section, the Review Commission submits the following recommendations:1. Recognition - The Review Commission recommends that Congress acknowledge both the suffering of the Guamanians during the Japanese occupation of Guam in World War II and the loyalty shown by the Guamanians to the United States during the war.2. Category I: Claims for Death - The Review Commission recommends that Congress provide funding in an amount sufficient to pay compensation in a single lump-sum total amount of $25,000 to the eligible survivor(s), as defined below, of each resident of Guam who died or was killed, and whose death would have been compensable under the Guam Act and its regulations during the Japanese attack and occupation of the island, or incident to the liberation of the island.3. Category II: Claims for Personal Iniury, Includinq Rape and Malnutrition: Forced Labor: Forced March; and Internment, Including Hidinq to Avoid Capture - The Review Commission has found that, due to the passage of years since the 1944 liberation of Guam and the loss of relevant records, it is virtually impossible to differentiate among the survivors of the Japanese occupation of the island as to the types of harm they suffered-whether it was damage resulting from personal injury (including rape and malnutrition), internment (including hiding to avoid capture), forced labor, or forced march--or the extent of the harm suffered in each of their cases. Therefore, the Review Commission found that the most appropriate method for apportioning compensation for their suffer~ng would be to grant one single uniform lump-sum amount covering all categories of harm, irrespective of how many types of harm a person may have suffered. Accordingly, the Review Commission recommends thatCongress provide funding in an amount sufficient. to pay compensation in a single lump-sum amount of $12,000 'to each person who was a resident of Guam during the Japanese occupation and who personally suffered one or more of the types of harm in question, or to the eligible survivor(s) of such individual, subject to the conditions set forth below.4. Deductions - The Review Commission recommends that before any payment of compensation is made in a claim under Category I or Category II above, there should be deducted any amount of compensation previously paid under the Guam Act of 1945 of $1000 or more, in the case of Category I payments, or of $500 or more, in the case of Category II payments.5. Adiudication of Claims - The Review Commission makes the following additional recommendations:-- Administration by the FCSC - The FCSC, because of its experience and expertise in adjudication of claims, should be charged with creating a sub-commission modeled after the Micronesian Claims Commission. It is further recommended that this new Commission be composed of some Guamanian and some non-Guamanian commissioners.-- Filing period - A filing period of one year should be set for the filing of claims. The one-year period should commence on the effective date of any required implementing regulations.-- Appeals and Finality - Objections to and appeals of the new Commission's decisions should be to the Commission, and upon a rehearing, the decision. should become final and not subject to outside review by any court or agency.--Release and Notice - The acceptance of payment by an eligible individual under this proposal should be in full satisfaction of all claims arising out of the Japanese occupation of Guam during the war.-- Interest - No interest should be payable on the amounts awarded.6. Establishment of Foundation to Fund World War II Lovalty Scholarships -The Review Commission recommends the establishment of a Trust. Fund for scholarship, medical facilities, and other public purposes for the benefit of the people of Guam. The Review Commission further recommends that wi thin 90 days after the end of the period for the filing of claims as recommended above, the Board of Directors of the Trust Fund be authorized to submit a claim to the Guam Commission, on behalf of the Trust Fund, for any person who, while eligible as a Category I orCategory II claimant, failed to file .a claim for compensation. Any awards issued in such claims would be deposited in the Trust Fund.Further, in the event that an individual refuses in writing to accept an award and files the refusal with the Board of Directors of the Trust Fund, the amount of such award would pass to the Fund and no pament may be made to such individual at any time after such refusal. Additionally, credit for uncashed checks that become stale after the normal one-year period should be transferred to the Fund and should not be reissued to the payee.The activities of the Trust Fund should be modeled after the fund established under the Aleutian and Pribilof Islands Restitution Act of 1988. Disbursements may be made from the Trust Fund to sponsor research and educational activities, so that the events surrounding the wartime occupation and liberation of Guam as well as the loyalty of the people of Guam will be remembered, and so that the causes and circumstances of this and other wartime events may be illuminated and understood.Access Agency WebsiteYes
% of Recs Fully Implemented*0.00%Access Committee WebsiteNo
% of Recs Fully Implemented CommentThere are no recommendations directed to the Department of the Department of the Interior. The recommendations are for action by the United States Congress.Access GSA FACA WebsiteNo
% of Recs Partially Implemented*0.00%Access PublicationsNo
% of Recs Partially Implemented CommentNAAccess OtherNo
Agency Feedback*NoAccess CommentThe June 2004 final report of the Commission can be found on line at:http://www.doi.gov/oia/Stories/warclaim/finalwarclaimrpt/Gumwarclaimsum.htm
Agency Feedback Comment*NANarrative Description*Enacted by the U.S. Congress, the Organic Act of Guam (48 U.S.C. 1421a) provides that the Government of Guam's relations with the Federal Government in all matters not the program responsibility of another Federal department or agency, shall be under the general administrative supervision of the Secretary of the Interior. Therefore, the Guam War Claims Review Commission was placed by the Congress with the Department of the Interior.
Hide Section - COSTS

COSTS

Payments to Non-Federal Members*$0.00Est Payments to Non-Fed Members Next FY*$0.00
Payments to Federal Members*$0.00Est. Payments to Fed Members Next FY*$0.00
Payments to Federal Staff*$32,200.00Estimated Payments to Federal Staff*$0.00
Payments to Consultants*$56,081.00Est. Payments to Consultants Next FY*$0.00
Travel Reimb. For Non-Federal Members*$66,556.00Est Travel Reimb Non-Fed Members nextFY*$0.00
Travel Reimb. For Federal Members*$10,414.00Est Travel Reimb For Fed Members*$0.00
Travel Reimb. For Federal Staff*$11,463.00Est. Travel Reimb to Fed Staff Next FY*$0.00
Travel Reimb. For Consultants*$10,137.00Est Travel Reimb to Consultants Next FY*$0.00
Other Costs$100,000.00Est. Other Costs Next FY*$0.00
Total Costs$286,851.00Est. Total Next FY*$0.00
Federal Staff Support (FTE)*0.20Est. Fed Staff Support Next FY*0.00
Cost RemarksEst Cost Remarks
Hide Section - Interest Areas

Interest Areas

No interest areas selected for this committee.
Hide Section - MEMBERS,MEETINGS AND ADVISORY REPORTS

MEMBERS,MEETINGS AND ADVISORY REPORTS

To View all the members, meetings and advisory reports for this committee please click here
Hide Section - CHARTERS AND RELATED DOCS

CHARTERS AND RELATED DOCS

No Documents Found
Hide Section - DATA FROM PREVIOUS YEARS

DATA FROM PREVIOUS YEARS

Committee

Data from Previous Years

 
ActionCommittee System IDCommittee NameFiscal Year
 COM-015500Guam War Claims Review Commission2003