February 25, 1980

CONGRESSIONAL RECORD — HOUSE

ently, section 3(d) authorizes anddirects

the Secretary, upon request by the Governor acting pursuant to legislation, to
administer and enforce taxes imposed or
which may be imposed pursuant to sec-

tions 601, 603, 60-1 of Public Law 94-241.

Additionally, the Secretary of the Treas-

ury is authorized and directed to administer and enforce the collection of taxes
imposed pursuant to sections 602 of Public Law 94~241. Costs of the contract
shall be fully borne by the Secretary of

the Treasury without reimbursement or
other costs to the government of the
Commonwealth of the Northern Marianas Islands. This section further provides that the Sccretary of the Treasury

is obligated to train Northern Marianas
citizens, as defined in article ITI of Public Law 94-241, to assume ultimately the

administration and enforcement duties
required of the Secretary or his designee
for purposes of carrying out the provisions of sections 601, 602, 603, and 604 of

Public Law 94-241. Further, notwith-

standing any other provision of law, the

Secretaryof the Treasury or his designee
is authorized to the maximum extent
feasible, effective until the end of the
third full fiscal year following the date

‘of

enactment,

to

employ

and

train

Northern Marianas citizens without re-

gard to U.S. civil service or classification

laws or other employment ceilings imposed upon the Secretary of the Treas-

ury. Lastly, the Secretary of the Treas-

ury or his designee shall take such steps

as are necessary to insure that the proceeds of taxes collected under provisions

of sections 661, 602, 603, and 604 of Pub-

lic Luw 94-241 are covered directly, upon
collection, into the Treasury of the Com-

monwealth of the Northern Marianas Islands, and do not leave the islands.
The other new tax section for the NMI
provides that a person, as defined by section 7701(a) (1) of the Internal Revenue

Code, who resides in the Commonwealth
of the Northern Marianas Islands and
who is required to comply with thepro-

visions of section 601 of 94-241, shall be
exempted from the requirement of payment of the territorial income tax on in-

come derived from sources within the

Commonwealth of the Northern Marianas Islands for the taxable years begin-

ning after December 31, 1978, and before

January 1, 1981. The section further pro-

vides that nothing in the section shall be
construcd so as to relieve stich persons
froin the requirement of paying the territorial income tax on income derived
from sources outside of the Commonwealth of the Northern Marianas Islands.

The second part of this section (b)

provides that a person, as defined by sec-

tion 7701(a) (1) of the Internal Revenue
Code, who resides in the Commonwealth

of the Northern Marianas Islands and
who is required to comply with theprovisions of section 601 of Public Law 9424t shall be exempted from the requirement of payment of the territorjal in-

come tax for the taxable year beginning

after December 31, 1980, and before
January1, 1982, provided that the Secretary of the Treasury or his authorized

ernor of the Northern MarianasIslands,
acting pursuant to legislation enacted in
accordance with sections 5 and 7 orarti-

cle II of the Constitution of the Northern
Marianas Islands, has repealed sections
1, 2, 3, 4, and 5 of chapter 2 of Public Law
1-30 of the Commonwealthof the North-

ern Marianas Islands, or its successor, in
its entirety, effective December 31, 1981.
The last part of this new section (c)

clarifies the intent of the U.S. Congress
when it used the term “rebate” in sec-

tion 602 of Public Law 94-241 by providing that the.term “rebate” does not

permit the abatement of taxes. The in-

HL 1227

resulted from “duress, unfair influence,

or other unconsconable actions” and in

reference to such claims prohibited the

allowance of interest from the time of
acquisition to the date of the award o

such additional amounts as may b

awarded pursuant to this section.
This provision prohibiting the inclusion of compensatory interest frustrated
the purpose of providing complete re-

dress to the victims of these inequities.
The provision denied the right to the

court to include interest to compensate
claimants for the years during which

they had been deprived of the use and
enjoyment of the additional amounts

tent of Congress in the legislative history of section 602 of Public Law 94-241
specifically provides that taxes must be
collected by the government of the
Northern Marianas Islands prior to any

been paid. This provision contradicted
the stated purpose of the act to provide
land owners at long last with just com-

Northern Marianas Islands hus explicit

in H.R. 3756 (incorporating Representa-

rebate to taxpayers. Further, it should
be noted that the government of the
authority to rebate any taxes received
by it so it can rebate taxes which are
collected by the Federal Government

but transferred to the government of the
Nerthern Biarianas Islands pursuant to

section 703(h)

of Public Law 94-241.

Such rebate, lf utilized, should be in the
form of a line item indicating the taxpaying person receiving the rebate and
the amount of said rebate.
In title TII of H.R. 3756, we have a
number of items affecting Guam.

Tne Senate, in its section 301,
amended the 1977 law which set up the

procedures whereby Guamanians with
fand claims could file for compensation.

At the urging of our respected and distinguished colleaguc, Tony Won Par
(the author of H.R. 3395, which the
Senate incorporated into H.R, 3756), the
sentence in

(c)

of section 204 which

prohibited any interest from being paid

on legitimate claims has been repealed.
I support Congressman Won Par in deleting the prohibition against awarding

interest. His remarks today on the-sub-

which rightfully should previously have

pensation.

The present amendment, section 301

tive Won Pat's H.R. 1546), strikes the

sentence containing the provision pro-

hibiting compensatory interest and thus
removes this contradiction. It allows the
Guam District Court, upon finding that
less, than fair market value was paid as

a result, cither of duress, unfair influence, or other unconscionable actions, or
as a resuli of unfair, unjust, and inequitable actions of the United States, to first-

determine the aditional amount necessary to bring the original payment, into
line with the fair market value at the
time of acquisition and to add to this
amount reasonable compensatory interest to determine the amount of the
court’s judgment. It is our intention that

the inclusion of such compensatory in-

terest will bring the results of this statute ¢

into conformity with sencrally accepted *
Standards of U.S, law in determining
just compensation for governmental
taking of private property.
As amended, the statute affords the
basis to completely compensate 2 claim-

ant, not only for fhe original loss, but

for the years the claimant has been dsprived of full comvensation. This result
is in line with elemental concents of fairclaims program.
“The conference report on the “1977 ness and justice and at last will fill the
omnibus territories bill clearly stated purpose of the statute to truly redress
that the purpose of section 204 was to the inequities of the past.
provide redress for past inequities caused
We note hcre our disagreement with
by our Government where, as a result of some language under section 301, page
cither first, dures*. unfair influence, or 12 of the Senate Report 96-467. In the
otker unconscionable actions: or sec- last pararraph on that page, it says:
ond, unfair, unjust, and inequitable acAt the urging of Congressman Won Pat,
ject will become an important part of

the legislative history of the Guam land

tions of the United States, less than fair
morket value had been paid to private

the Committee has reconsidezed the prohibition in Nght of the requirement that the

of

plaintl?! prove actual fraud or duress on the
part of the United States.
:

The conference report to that bill
clearly indicated that the inclusion of

For the record, the statute (Public
Law 95-134), in which the Guam Iand
claims programis set forth, does not require that the plaintiff prove actual
fraud. In fact, the statute never men-

landowners

property.

for

the

acquisition

the term “unconscionable actions” and

the addition of the terms “unfair, unjust,
and ineaouitable actions of the United
States” was to avuid the imposition of
unreasonable

burdens

upon

claimants

to prove their claims and to reflect our
desire that those claims be viewed with
sympathy and sensitivity, as well as re-

flecting the clin:ate of the time.
In the section of that statute which

defined the term “fair compensation,”

designee is notified not later than Sep- ‘the statute provided a definition of this
tember 30, 1980, in writing by the Gov- terms only in those instances which had

tions fraud.

Since the 1977 act failed to include
language to provide a specific statute of
limitations for cases filed under the
Guam claims program, we have added
such language to section 301. All this
means is that everyone who has a claim
musé file it by April 1, 1982, the date

cited in the amendment.

if

Beyond April 1, 1982, however, should ‘

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