[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4741 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4741

  To amend the Organic Act of Guam to provide for 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 1994

Mr. Underwood introduced the following bill; which was referred jointly 
        to the Committees on Natural Resources and the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Organic Act of Guam to provide for 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guam War Restitution Act''.

SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM.

    The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended by 
adding at the end the following new section:

``SEC. 36. RECOGNITION OF DEMONSTRATED LOYALTY OF THE PEOPLE OF GUAM TO 
              THE UNITED STATES, AND THE SUFFERING AND DEPRIVATION 
              ARISING THEREFROM, DURING WORLD WAR II.

    ``(a) Application of Section.--This section shall apply to 
Guamanians who did not meet the one-year time limitation for filing of 
death or personal injury claims specified in the first section of the 
Act of November 15, 1945 (Chapter 483; 59 Stat. 582), or who suffered 
other compensable injuries if such Guamanians, their heirs or next of 
kin, meet the eligibility, time limitation for filing, and other 
criteria set forth in this section.
    ``(b) Definitions.--For the purposes of this section:
            ``(1) Award.--The term `award' means the amount of 
        compensation payable under subsection (c).
            ``(2) Benefit.--The term `benefit' means the amount of 
        compensation payable under subsection (d).
            ``(3) Board.--The term `Board' means the Guam Restitution 
        Trust Fund Board of Directors established by subsection (h).
            ``(4) Claims fund.--The term `Claims Fund' means the Guam 
        Restitution Claims Fund established by subsection (f)(1).
            ``(5) Compensable injury.--The term `compensable injury' 
        means one of the following three categories of injury incurred 
        during, or as a result of, World War II:
                    ``(A) Death.
                    ``(B) Personal injury.
                    ``(C) Forced labor, forced march, or internment.
            ``(6) Guamanian.--The term `Guamanian' means any person who 
        resided in the territory of Guam during the period beginning 
        December 8, 1941, and ending September 2, 1945, and who was a 
        United States citizen or national during the period.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(8) Trust fund.--The term `Trust Fund' means the Guam 
        Restitution Trust Fund established by subsection (g)(1).
    ``(c) General Authority of Secretary and Board; Requirements.--
            ``(1) In general.--The Secretary may receive, examine, and 
        render final decisions concerning claims for awards under 
        subsection (d) and benefits under subsection (e) filed in 
        accordance with this section. The Secretary may certify and 
        disburse payments from the Claims Fund, and the Board may 
        certify and disburse payments from the Trust Fund, in 
        accordance with this section.
            ``(2) Required information for inclusion in claims for 
        awards and benefits.--A claim for an award or benefit under 
        this section shall be made under oath and shall include--
                    ``(A) the claimant's name and age;
                    ``(B) the village in which the claimant resided at 
                the time the compensable injury occurred;
                    ``(C) the approximate date or dates when the 
                compensable injury incurred;
                    ``(D) a brief description of the compensable injury 
                being claimed;
                    ``(E) the circumstances leading up to that 
                compensable injury; and
                    ``(F) in the case of an award based on death as the 
                compensable injury and in the case of a claim for a 
                benefit, proof of the relationship of the claimant to 
                the deceased.
            ``(3) Time limitation applicable to secretary.--The 
        Secretary shall act expeditiously in the examination, 
        determination, and certification of submitted claims, but in no 
        event later than one year after the expiration of the time to 
        be issued by the Secretary.
    ``(d) Eligibility.--
            ``(1) Eligibility for awards.--To be eligible for an award 
        under this section, the following criteria must be met:
                    ``(A) The claimant is a living Guamanian who 
                personally received the compensable injury, except that 
                in a claim for death, a claimant may be the heir or 
                next of kin of the decedent Guamanian.
                    ``(B) The claimant files a claim with the Secretary 
                for a compensable injury containing all the information 
                required by subsection (c)(2).
                    ``(C) The claimant is able to furnish either proof 
                of the compensable injury or is able to produce 
                affidavits by two witnesses to the compensable injury.
                    ``(D) The claimant files a claim within one year 
                after the date of enactment of this section.
            ``(2) Eligibility for benefits.--To be eligible for 
        benefits under this section, the following criteria must be 
        met:
                    ``(A) The claimant is a living Guamanian who is an 
                heir or next of kin of the decedent Guamanian who 
                personally received the compensable injury and who died 
                after September 2, 1945.
                    ``(B) The claimant files a claim with the Secretary 
                or the Board for a compensable injury containing all 
                the information required by subsection (c)(2).
                    ``(C) The claimant is able to furnish either proof 
                of the compensable injury or is able to produce 
                affidavits by two witnesses to the compensable injury.
                    ``(D) The claimant files a claim within one year 
                after the date of enactment of this section; except 
                that persons who can prove consanguinity with claimants 
                who have met the criteria specified in subparagraphs 
                (A) through (C) may become eligible for pro rata share 
                of benefits accruing to such claim by filing a claim 
                with the Board at any time, by such procedures as the 
                Board may prescribe.
            ``(3) Limitation on eligibility for awards and benefits.--
        (A) A claimant may only be eligible for an award arising out of 
        one category of compensable injury.
            ``(B) A claimant may only be eligible for benefits arising 
        out of one category of compensable injury.
    ``(e) Payments.--
            ``(1) Certification.--The Secretary shall certify all 
        awards for payment, and the Board shall certify all benefits 
        for payment, under this section.
            ``(2) Awards.--The Secretary shall pay the following 
        amounts as an award to each eligible claimant under subsection 
        (d)(1) from the Claims Fund:
                    ``(A) $20,000 for the category of death.
                    ``(B) $7,000 for the category of personal injury.
                    ``(C) $5,000 for the category of forced labor, 
                forced march, or internment.
            ``(3) Benefits.--The Secretary shall pay the following 
        amounts as a benefit to each eligible claimant under subsection 
        (d)(2) from the Trust Fund:
                    ``(A) $7,000 for the category of personal injury.
                    ``(B) $5,000 for the category of forced labor, 
                forced march, or internment.
            ``(4) Refusal to accept payment.--If a claimant refuses to 
        accept a payment under paragraph (2) or (3), an amount equal to 
        such payment shall remain in the Claims Fund or Trust Fund, as 
        appropriate, and no payment may be made under this section to 
        such claimant at any future date.
            ``(5) Prorated payments related to claims for the same 
        death.--Payment of the award or benefit relating to death shall 
        be prorated among the heirs or next of kin claiming for the 
        same death, as provided in the Guam probate laws.
            ``(6) Order of payments.--The Secretary shall endeavor to 
        make payments under this section to eligible individuals in the 
        order of date of birth (with the oldest individual on the date 
        of the enactment of this Act or, if applicable, that 
        individual's survivors under paragraph (6), receiving full 
        payment first), until all eligible individuals have received 
        payment in full.
    ``(f) Guam Restitution Claims Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States the Guam Restitution Claims Fund, to be 
        administered by the Secretary of the Treasury, as directed by 
        the Secretary of the Interior. Amounts in the Claims Fund shall 
        only be available for disbursement by the Secretary of the 
        Interior in the amounts specified in subsection (e). In the 
        event that all eligible claims have been paid and a balance 
        exists in the Claims Fund, any unobligated funds shall be 
        transferred to the Trust Fund 60 days after the final report 
        required in subsection (j)(3) is submitted to Congress.
            ``(2) Limitation on use of amounts from claims fund.--No 
        cost incurred by the Secretary in carrying out this section 
        shall be paid from the Claims Fund or set off against, or 
        otherwise deducted from, any payment under this section to any 
        eligible claimant.
    ``(g) Guam Restitution Trust Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States the Guam Restitution Trust Fund, which 
        shall be administered by the Secretary of the Treasury.
            ``(2) Investments.--Amounts in the Trust Fund shall be 
        invested in accordance with section 9702 of title 31, United 
        States Code.
            ``(3) Uses.--Amounts in the Trust Fund shall be available 
        only for disbursement by the Board in accordance with 
        subsection (h).
    ``(h) Guam Restitution Trust Fund Board of Directors.--
            ``(1) Establishment.--There is established the Guam 
        Restitution Trust Fund Board of Directors, which shall be 
        responsible for making disbursements from the Trust Fund in the 
        manner provided in this subsection.
            ``(2) Uses.--The Board may make disbursements from the 
        Trust Fund only--
                    ``(A) to sponsor research and public educational 
                activities so that the events surrounding the wartime 
                experiences and losses of the Guamanian people will be 
                remembered, and so that the causes and circumstances of 
                this and similar events may be illuminated and 
                understood;
                    ``(B) to disburse available funds as benefits to 
                eligible claimants through a revolving fund for such 
                purposes as post-secondary scholarships, first-time 
                home ownership loans, and other suitable purposes as 
                may be determined by the Board; and
                    ``(C) for reasonable administrative expenses of the 
                Board, including expenses incurred under paragraphs 
                (3)(C), (4), and (5).
            ``(3) Membership.--(A) The Board shall be composed of nine 
        members appointed by the Secretary from recommendations made by 
        the Governor of Guam, from individuals who are not officers or 
        employees of the United States Government.
            ``(B)(i) Except as provided in subparagraphs (B) and (C), 
        members shall be appointed for terms of three years.
            ``(ii) Of the members first appointed--
                    ``(I) five shall be appointed for terms of three 
                years, and
                    ``(II) four shall be appointed for terms of two 
                years,
        as designed by the Secretary at the time of appointment.
            ``(iii) Any member appointed to fill a vacancy occurring 
        before the expiration of the term for which such member's 
        predecessor was appointed shall be appointed only for the 
        remainder of such term. A member may serve after the expiration 
        of such member's term until such member's successor has taken 
        office. No individual may be appointed as a member for more 
        than two consecutive terms.
            ``(C) Members of the Board shall serve without pay as such, 
        except that members of the Board shall be entitled to 
        reimbursement for travel, subsistence, and other necessary 
        expenses incurred by them in carrying out the functions of the 
        Board, in the same manner as persons employed intermittently in 
        the United States Government are allowed expenses under section 
        5703 of title 5, United States Code.
            ``(D) Five members of the Board shall constitute a quorum 
        but a lesser number may hold hearings.
            ``(E) The Chair of the Board shall be elected by the 
        members of the Board.
            ``(4)(A) The Board shall have a Director who shall be 
        appointed by the Board.
            ``(B) The Board may appoint and fix the pay of such 
        additional staff as it may require.
            ``(C) The Director and the additional staff of the Board 
        may be appointed without regard to section 5311(b) of title 5, 
        United States Code, and without regard to the provisions of 
        such title governing appointments in the competitive service, 
        and may be paid without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that the 
        compensation of any employee of the Board 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.
            ``(5) Administrative support services.--The Administrator 
        of General Services shall provide to the Board on a 
        reimbursable basis such administrative support services as the 
        Board may request.
            ``(6) Gifts and donations.--The Board may accept, use, and 
        dispose of gifts or donations of services or property for 
        purposes authorized under paragraph (2).
            ``(7) Annual report.--Not later than 12 months after the 
        first meeting of the Board and every 12 months thereafter, the 
        Board shall transmit to the President and to each House of the 
        Congress a report describing the activities of the Board.
    ``(i) Notice.--Not later than 90 days after the date of enactment 
of this section, the Secretary shall give public notice in the 
territory of Guam and such other places as the Secretary deems 
appropriate of the time when, and the time limitation within which, 
claims may be filed under this section. The Secretary shall assure that 
the provisions of this section are widely published in the territory of 
Guam and such other places as the Secretary deems appropriate, and the 
Secretary shall make every effort to advise promptly all persons who 
may be entitled to file claims under the provisions of this section and 
to assist them in the preparation and filing of their claims.
    ``(j) Reports.--
            ``(1) Compensation needed.--No later than 18 months after 
        enactment of this section, the Secretary shall submit a report 
        to Congress and the Governor of Guam with a recommendation of a 
        specific amount of compensation necessary to fully carry out 
        this section. The report shall include--
                    ``(A) a list of all claims, categorized by 
                compensable injury, which were approved under this 
                section; and
                    ``(B) a list of all claims, categorized by 
                compensable injury, which were denied under this 
                section, and a brief explanation for the reason 
                therefore.
            ``(2) Annual.--Beginning with the first full fiscal year 
        ending after submittal of the report provided in paragraph (1), 
        and annually thereafter, the Secretary shall submit an annual 
        report to Congress concerning the operations under this 
        section, the status of the Claims Fund and Trust Fund, and any 
        request for an appropriation in order to make disbursement from 
        the Claims Fund and Trust Fund. Such report shall be submitted 
        no later than January 15th of each year.
            ``(3) Final award report.--Once all awards have been paid 
        to eligible claimants, the Secretary shall submit a report to 
        Congress and to the Governor of Guam certifying--
                    ``(A) the total amount of compensation paid as 
                awards under this section, broken down by category of 
                compensable injury; and
                    ``(B) the final status of the Claims Fund and the 
                amount of any existing balance thereof.
    ``(k) Limitation.--Any remuneration on account of services rendered 
on behalf of any claimant, or any association of claimants, in 
connection with any claim or claims under this section may not exceed 5 
percent of the amount paid on such claim or claims under this section. 
Any agreement to the contrary shall be unlawful and void. Whoever, in 
the United States or elsewhere, demands or receives, on account of 
services so rendered, any remuneration in excess of the maximum 
permitted by this section, shall be guilty of a misdemeanor and upon 
conviction thereof, shall be fined in accordance with title 18, United 
States Code, imprisoned not more than 12 months, or both.
    ``(l) Disclaimer.--Nothing contained in this section shall 
constitute a United States obligation to pay any claim arising out of 
war. The compensation provided in this section is ex gratia in nature 
intended solely as a means of recognizing the demonstrated loyalty of 
the people of Guam to the United States, and the suffering and 
deprivation arising therefrom, during World War II.
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section. 
Amounts appropriated pursuant to this section are authorized to remain 
available until expended.''.

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HR 4741 IH----2