[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2420 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2420

  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 during World War II, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              August 24 (legislative day, August 18), 1994

  Mr. Inouye introduced the following bill; which was read twice and 
               referred to the Committee on 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 during 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 applies to any 
Guamanian who would otherwise be eligible to file a claim under the 
first section of the Act of November 15, 1945 (59 Stat. 582, chapter 
483), but failed to meet the 1-year time limitation for filing of death 
or personal injury claims specified in the first section of such Act, 
or who suffered other compensable injuries if such Guamanian, an heir 
to such Guamanian, or next of kin of such Guamanian, meets the criteria 
for eligibility and other criteria set forth in this section and 
otherwise meets the requirements for filing a claim under this section, 
including meeting an applicable deadline for filing the claim.
    ``(b) Definitions.--For the purposes of this section:
            ``(1) Award.--The term `award' means the amount of 
        compensation payable for a claim made by an eligible claimant 
        pursuant to subsection (d)(1).
            ``(2) Benefit.--The term `benefit' means the amount of 
        compensation payable for a claim made by an eligible claimant 
        pursuant to subsection (d)(2).
            ``(3) Board.--The term `Board' means the Guam Restitution 
        Trust Fund Board of Directors established under subsection (h).
            ``(4) Claims fund.--The term `Claims Fund' means the Guam 
        Restitution Claims Fund established under 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) Eligible claimant.--The term `eligible claimant' 
        means an individual who meets the requirements of paragraph (1) 
        or (2) of subsection (d).
            ``(7) Guamanian.--The term `Guamanian' means any individual 
        who--
                    ``(A) resided in Guam during the period beginning 
                December 8, 1941, and ending September 2, 1945; and
                    ``(B) was a United States citizen or United States 
                national during the period specified in subparagraph 
                (A).
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(9) Trust fund.--The term `Trust Fund' means the Guam 
        Restitution Trust Fund established under 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 submitted 
        pursuant to subsection (d)(1) and claims for benefits submitted 
        pursuant to subsection (d)(2) in accordance with this section. 
        The Secretary may certify and disburse payments from funds made 
        available to the Secretary from the Claims Fund, and the Board 
        may certify and disburse payments from funds made available to 
        the Board 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 an oath administered by an 
        appropriate official (as determined by the Secretary). Such 
        claim shall include the following information:
                    ``(A) The name and age of the claimant.
                    ``(B) The village in which the claimant resided at 
                the time the compensable injury occurred.
                    ``(C) The approximate date on which compensable 
                injury was incurred.
                    ``(D) A brief description of the compensable injury 
                that is the subject of the claim.
                    ``(E) The circumstances that resulted in the 
                compensable injury.
                    ``(F) In the case of an award based on death as the 
                compensable injury, or the case of a claim for a 
                benefit, proof of the relationship of the claimant to 
                the deceased.
            ``(3) Time limitation for reviewing and certifying 
        claims.--Upon receipt of a claim submitted pursuant to this 
        subsection, the Secretary shall examine the claim to determine 
        if the claim conforms with the requirements of paragraph (2), 
        and certify the claim if such claim conforms with such 
        requirements, as expeditiously as practicable, but not later 
        than 18 months after the date of enactment of this section.
    ``(d) Eligibility.--
            ``(1) Eligibility for awards.--To be eligible for an award 
        under this section, the claimant shall meet the following 
        criteria:
                    ``(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 that meets the requirements of 
                subsection (c)(2).
                    ``(C) The claimant, at the time of submission of 
                the claim--
                            ``(i) furnishes proof of the compensable 
                        injury; or
                            ``(ii) produces affidavits by two witnesses 
                        to the compensable injury.
                    ``(D) The claimant files a claim under this section 
                by not later than 1 year after the date of enactment of 
                this section.
            ``(2) Eligibility for benefits.--To be eligible for a 
        benefit under this section, the claimant shall meet the 
        following criteria:
                    ``(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 that meets the 
                requirements of subsection (c)(2).
                    ``(C) The claimant, at the time of submission of 
                the claim--
                            ``(i) furnishes proof of the compensable 
                        injury; or
                            ``(ii) produces affidavits by two witnesses 
                        to the compensable injury.
                    ``(D)(i) Except as provided in clause (ii), the 
                claimant files a claim under this section not later 
                than 1 year after the date of enactment of this 
                section.
                    ``(ii) Any individual who proves consanguinity with 
                a claimant and who meets the criteria specified in 
                subparagraphs (A) through (C) may become eligible for a 
                prorated share of benefits accruing to such claim by 
                filing, in accordance with such procedures as the Board 
                may prescribe, a claim with the Board for such prorated 
                share.
            ``(3) Limitation on eligibility for awards and benefits.--A 
        claimant for an award or a benefit under this section may only 
        be eligible for an award arising out of one category of 
        compensable injuries specified in subparagraph (A), (B), or (C) 
        of subsection (b)(5).
    ``(e) Payments.--
            ``(1) Certification.--The Secretary shall certify each 
        award for which a payment is made under this section. The Board 
        shall certify each benefit for which a payment is made under 
        this section.
            ``(2) Awards.--Except as provided in paragraph (7), upon 
        the certification of an award under paragraph (1), the 
        Secretary shall pay an award from funds made available to the 
        Secretary from the Claims Fund in the applicable amount 
        specified in subparagraph (A), (B), or (C) of paragraph (3) to 
        the eligible claimant who submitted the claim for the award 
        pursuant to subsection (d)(1).
            ``(3) Award amounts.--The awards paid under this subsection 
        shall be in the following amounts:
                    ``(A) $20,000 for a death.
                    ``(B) $7,000 for a personal injury.
                    ``(C) $5,000 for forced labor, forced march, or 
                internment.
            ``(4) Benefits.--Except as provided in subsection (d)(2)(D) 
        and paragraph (7), upon the certification of a benefit under 
        paragraph (1), the Board shall pay to the eligible claimant who 
        submitted a claim to receive a benefit under subsection (d)(2) 
        a payment from funds made available to the Board from the Trust 
        Fund in an amount equal to the full amount of the benefit in 
        the applicable amount specified in subparagraph (A) or (B) of 
        paragraph (5).
            ``(5) Benefit amounts.--The benefits paid under this 
        subsection shall be in the following amounts:
                    ``(A) $7,000 for the category of personal injury.
                    ``(B) $5,000 for the category of forced labor, 
                forced march, or internment.
            ``(6) Refusal to accept payment.--If a claimant refuses to 
        accept a payment under this section, no payment may be made 
        under this section to such claimant after the date on which the 
        claimant refuses the payment, and the amount of the claim shall 
        not be withdrawn from the Claim Fund or the Trust Fund.
            ``(7) 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 who are claimants 
        for the same death, as provided in the probate laws of the 
        territory of Guam.
            ``(8) Order of payments.--The Secretary shall, to the 
        extent practicable, make payments under this section to 
        eligible claimants in descending order on the basis of the age 
        of the claimants.
    ``(f) Guam Restitution Claims Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States the Guam Restitution Claims Fund. The 
        Claims Fund shall consist of such amounts as are deposited in 
        the Fund pursuant to appropriations authorized under subsection 
        (m). The Secretary of the Treasury, with the concurrence of the 
        Secretary of the Interior, shall administer the Claims Fund. 
        Amounts in the Claims Fund shall only be available to the 
        Secretary of the Interior for disbursement pursuant to this 
        section.
            ``(2) Unobligated funds.--If the Secretary of the Interior 
        determines that all eligible claimants have been paid under 
        this section, the Secretary of the Treasury shall transfer any 
        unobligated funds remaining in the Claims Fund to the Trust 
        Fund on the date that is 60 days after the Secretary of the 
        Interior submits to Congress the final report required under 
        subsection (j)(3).
            ``(3) Administrative costs.--No administrative 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 made 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. The Trust 
        Fund shall consist of such amounts as are deposited in the Fund 
        pursuant to appropriations authorized under subsection (m) and 
        any interest earned on investment of amounts in the Trust Fund 
        under paragraph (2). The Trust Fund shall be administered by 
        the Secretary of the Treasury.
            ``(2) Investments.--The Secretary of the Treasury shall 
        invest amounts in the Trust Fund 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. The Board shall be 
        responsible for making disbursements from funds made available 
        by the Secretary of the Treasury to the Board from the Trust 
        Fund in the manner provided in this subsection.
            ``(2) Uses.--The Board may make disbursements from funds 
        made available to the Board from the Trust Fund only for the 
        following purposes:
                    ``(A) To sponsor research and public educational 
                activities in such manner as to ensure that--
                            ``(i) the events surrounding the wartime 
                        experiences and losses of the Guamanian people 
                        will be remembered; and
                            ``(ii) 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 postsecondary scholarships, first-time home 
                ownership loans, and any other purpose that the Board 
                may determine to be suitable.
                    ``(C) To cover the cost of reasonable 
                administrative expenses of the Board, including 
                expenses incurred under paragraphs (3)(C), (4), and 
                (5).
            ``(3) Membership.--(A) The Board shall be appointed by the 
        Secretary from nominations submitted by the Governor of Guam. 
        The Board shall be composed of nine members who are not 
        officers or employees of the Federal Government.
            ``(B)(i) Except as provided in subparagraphs (B) and (C), 
        members of the Board shall be appointed to serve for a term of 
        3 years.
            ``(ii) Of the members initially appointed to the Board--
                    ``(I) five members shall be appointed to serve for 
                a term of 3 years, and
                    ``(II) four members shall be appointed to serve for 
                a term of 2 years,
        as designated by the Secretary at the time of appointment.
            ``(iii)(I) Any member of the Board appointed to fill a 
        vacancy occurring before the expiration of the term for which a 
        member was originally appointed shall be appointed to serve for 
        the remainder of such term.
            ``(II) A member may serve after the expiration of the term 
        of such member until such time as a successor takes office.
            ``(III) No member may serve for more than two consecutive 
        terms.
            ``(C) Each member of the Board shall serve without pay, 
        except that each member of the Board shall be entitled to 
        receive reimbursement for travel, subsistence, and other 
        necessary expenses incurred by the member in carrying out the 
        functions of the Board, in the same manner as a person employed 
        intermittently in the United States Government is 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) A Chairperson of the Board shall be elected from 
        among the members of the Board.
            ``(4) Staff.--(A) The Board shall appoint a Director.
            ``(B) The Board may appoint and fix the pay of such 
        additional staff as the Board may require.
            ``(C) The Director and the additional staff of the Board--
                    ``(i) may be appointed--
                            ``(I) without regard to section 5311(b) of 
                        title 5, United States Code; and
                            ``(II) without regard to the provisions of 
                        such title governing appointments in the 
                        competitive service; and
                    ``(ii) may be paid without regard to the provisions 
                of chapter 51 and subchapter III of chapter 53 of title 
                5, United States Code, 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 1 year after the 
        initial meeting of the Board and annually thereafter, the Board 
        shall transmit to the President and to Congress a report 
        describing the activities of the Board.
    ``(i) Notice.--
            ``(1) In general.--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 considers appropriate concerning the period during 
        which claims may be filed under this section. The Secretary 
        shall ensure that the provisions of this section are widely 
        published in the territory of Guam and such other locations as 
        the Secretary considers appropriate.
            ``(2) Notice and assistance.--To the maximum extent 
        practicable, the Secretary shall provide prompt notification to 
        all individuals who may become eligible to make a claim for an 
        award or benefit under this section and to assist such 
        individuals in the preparation and filing of claims made under 
        this section.
    ``(j) Reports.--
            ``(1) Necessary compensation.--Not later than 18 months 
        after the date of enactment of this section, the Secretary 
        shall submit a report to Congress and the Governor of Guam that 
        contains a recommendation concerning the 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 for the 
                denials.
            ``(2) Annual report.--Not later than January 15 of the 
        first full fiscal year ending after submittal of the report 
        provided in paragraph (1), and annually thereafter, the 
        Secretary shall submit a report to Congress that contains the 
        following:
                    ``(A) The activities conducted by the Secretary 
                under this section.
                    ``(B) The status of the Claims Fund and Trust Fund.
                    ``(C) Any request for an appropriation that the 
                Secretary determines to be necessary in order to make 
                disbursement from the Claims Fund and Trust Fund.
            ``(3) Final award report.--At such time as the Secretary 
        determines that 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, by category of compensable 
                injury; and
                    ``(B) the final status of the Claims Fund and the 
                amount of any unobligated funds remaining in the Claims 
                Fund to be transferred to the Trust Fund pursuant to 
                subsection (f)(2).
    ``(k) Limitation.--
            ``(1) Limitation on remuneration for services.--
        Notwithstanding any other provision of law--
                    ``(A) any remuneration provided to any person on 
                account of services rendered on behalf of any eligible 
                claimant, or any association of eligible claimants, in 
                connection with any claim made under this section may 
                not exceed 5 percent of the amount of the claim; and
                    ``(B) any agreement between any person and an 
                eligible claimant or an association of eligible 
                claimants to provide remuneration in an amount that 
                exceeds the amount specified in this paragraph shall be 
                unlawful and void. Any agreement to the contrary shall 
                be unlawful and void.
            ``(2) Whoever, in the United States or elsewhere in an area 
        under the jurisdiction of the Federal Government, 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, shall be fined in 
        accordance with title 18, United States Code, or imprisoned not 
        more than 12 months, or both.
    ``(l) Disclaimer.--Nothing contained in this section shall 
constitute an obligation of the United States 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 are 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.''.
                                 <all>
S 2420 IS----2