[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1078 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1078

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 1997

  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 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 ORGANIC ACT OF GUAM TO PROVIDE RESTITUTION.

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

``SEC. 35. RECOGNITION OF DEMONSTRATED LOYALTY OF GUAM TO UNITED 
              STATES, AND SUFFERING AND DEPRIVATION ARISING THEREFROM, 
              DURING WORLD WAR II.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Award.--The term `award' means the amount of 
        compensation payable under subsection (d)(2).
            ``(2) Benefit.--The term `benefit' means the amount of 
        compensation payable under subsection (d)(3).
            ``(3) Commission.--The term `Commission' means the Guam 
        Trust Fund Commission established by subsection (f).
            ``(4) Compensable injury.--The term `compensable injury' 
        means one of the following three categories of injury incurred 
        during and as a result of World War II:
                    ``(A) Death.
                    ``(B) Personal injury (as defined by the 
                Commission).
                    ``(C) Forced labor, forced march, or internment.
            ``(5) Guamanian.--The term `Guamanian' means any person 
        who--
                    ``(A) resided in the territory of Guam during any 
                portion of the period beginning on December 8, 1941, 
                and ending on August 10, 1944, and
                    ``(B) was a United States citizen or national 
                during such portion.
            ``(6) Proof.--The term `proof' relative to compensable 
        injury means any one of the following, if determined by the 
        Commission to be valid:
                    ``(A) An affidavit by a witness to such compensable 
                injury;
                    ``(B) A statement, attesting to compensable injury, 
                which is--
                            ``(i) offered as oral history collected for 
                        academic, historic preservation, or 
                        journalistic purposes;
                            ``(ii) made before a committee of the Guam 
                        legislature;
                            ``(iii) made in support of a claim filed 
                        with the Guam War Reparations Commission;
                            ``(iv) filed with a private Guam war claims 
                        advocate; or
                            ``(v) made in a claim pursuant to the first 
                        section of the Act of November 15, 1945 
                        (Chapter 483; 59 Stat. 582).
            ``(7) Trust fund.--The term `Trust Fund' means the Guam 
        Trust Fund established by subsection (e).
    ``(b) Requirements for Claims and General Duties of Commission--
            ``(1) Required information for claims.--Each claim for an 
        award or benefit under this section shall be made under oath 
        and shall include--
                    ``(A) the name and age of the claimant;
                    ``(B) the village in which the individual who 
                suffered the compensable injury which is the basis for 
                the claim resided at the time the compensable injury 
                occurred;
                    ``(C) the approximate date or dates on which the 
                compensable injury occurred;
                    ``(D) a brief description of the compensable injury 
                which is the basis for the claim;
                    ``(E) the circumstances leading up to the 
                compensable injury; and
                    ``(F) in the case of a claim for a benefit, proof 
                of the relationship of the claimant to the relevant 
                decedent.
            ``(2) General duties of the commission to process claims.--
        With respect to each claim filed under this section, the 
        Commission shall determine whether the claimant is eligible for 
        an award or benefit under this section and, if so, shall 
        certify the claim for payment in accordance with subsection 
        (d).
            ``(3) Time limitation.--With respect to each claim 
        submitted under this section, the Commission shall act 
        expeditiously, but in no event later than 1 year after the 
        receipt of the claim by the Commission, to fulfill the 
        requirements of paragraph (2) regarding the claim.
            ``(4) Direct receipt of proof from public claims files 
        permitted.--The Commission may receive proof of a compensable 
        injury directly from the Governor of Guam, or the Federal 
        custodian of an original claim filed with respect to the injury 
        pursuant to the first section of the Act of November 15, 1945 
        (Chapter 483; 59 Stat. 582), if such proof is contained in the 
        respective public records of the Governor or the custodian.
    ``(c) Eligibility.--
            ``(1) Eligibility for awards.--A claimant shall be eligible 
        for an award under this section if the claimant meets each of 
        the following criteria:
                    ``(A) The claimant is--
                            ``(i) a living Guamanian who personally 
                        received the compensable injury that is the 
                        basis for the claim, or
                            ``(ii) the heir or next of kin of a 
                        decedent Guamanian, in the case of a claim with 
                        respect to which the compensable injury is 
                        death.
                    ``(B) The claimant meets the requirements of 
                paragraph (3).
            ``(2) Eligibility for benefits.--A claimant shall be 
        eligible for a benefit under this section if the claimant meets 
        each of the following criteria:
                    ``(A) The claimant is the heir or next of kin of a 
                decedent Guamanian who personally received the 
                compensable injury that is the basis for the claim, and 
                the claim is made with respect to a compensable injury 
                other than death.
                    ``(B) The claimant meets the requirements of 
                paragraph (3).
            ``(3) General requirements for eligibility.--A claimant 
        meets the requirements of this paragraph if the claimant meets 
        each of the following criteria:
                    ``(A) The claimant files a claim with the 
                Commission regarding a compensable injury and 
                containing all of the information required by 
                subsection (b)(1).
                    ``(B) The claimant furnishes proof of the 
                compensable injury.
                    ``(C) By such procedures as the Commission may 
                prescribe, the claimant files a claim under this 
                section not later than 1 year after the date of the 
                appointment of the ninth member of the Commission.
            ``(4) Limitation on eligibility for awards and benefits--
                    ``(A) Awards.--
                            ``(i) No claimant may receive more than 1 
                        award under this section and not more than 1 
                        award may be paid under this section with 
                        respect to each decedent described in paragraph 
                        (1)(A)(ii).
                            ``(ii) Each award shall consist of only 1 
                        of the amounts referred to in subsection 
                        (d)(2).
                    ``(B) Benefits.--
                            ``(i) Not more than 1 benefit may be paid 
                        under this Act with respect to each decedent 
                        described in paragraph (2)(A).
                            ``(ii) Each benefit shall consist of only 1 
                        of the amounts referred to in subsection 
                        (d)(3).
    ``(d) Payments.--
            ``(1) Certification.--The Commission shall certify for 
        payment all awards and benefits that the Commission determines 
        are payable under this section.
            ``(2) Awards.--The Commission shall pay from the Trust Fund 
        1 of the following amounts as an award for each claim with 
        respect to which a claimant is determined to be eligible under 
        subsection (c)(1):
                    ``(A) $20,000 if the claim is based on death.
                    ``(B) $7,000 if the claim is based on personal 
                injury.
                    ``(C) $5,000 if the claim is based on forced labor, 
                forced march, or internment and is not based on 
                personal injury.
            ``(3) Benefits.--The Commission shall pay from the Trust 
        Fund 1 of the following amounts as a benefit with respect to 
        each claim for which a claimant is determined eligible under 
        subsection (c)(2):
                    ``(A) $7,000 if the claim is based on personal 
                injury.
                    ``(B) $5,000 if the claim is based on forced labor, 
                forced march, or internment and is not based on 
                personal injury.
            ``(4) Reduction of amount to coordinate with previous 
        claims.--The amount required to be paid under paragraph (2) or 
        (3) for a claim with respect to any Guamanian shall be reduced 
        by any amount paid under the first section of the Act of 
        November 15, 1945 (Chapter 483; 59 Stat. 582) with respect to 
        such Guamanian.
            ``(5) Form of payment.--
                    ``(A) Awards.--In the case of a claim for an award, 
                payment under this subsection shall be made in cash to 
                the claimant, except as provided in paragraph (6).
                    ``(B) Benefits.--In the case of a claim for a 
                benefit--
                            ``(i) In general.--Payment under this 
                        subsection shall consist of--
                                    ``(I) provision of a scholarship;
                                    ``(II) payment of medical expenses; 
                                or
                                    ``(III) a grant for first-time home 
                                ownership.
                            ``(ii) Method of payment.--Payment of cash 
                        under this subsection may not be made directly 
                        to a claimant, but may be made to a service 
                        provider, seller of goods or services, or other 
                        person in order to provide to a claimant (or 
                        other person, as provided in paragraph (6)) a 
                        benefit referred to in subparagraph (B).
                    ``(C) Development of procedures.--The Commission 
                shall develop and implement procedures to carry out 
                this paragraph.
            ``(6) Payments on claims with respect to same decedent.--
                    ``(A) Awards.--In the case of a claim based on the 
                compensable injury of death, payment of an award under 
                this section shall be divided, as provided in the 
                probate laws of Guam, among the heirs or next of kin of 
                the decedent who file claims for such division by such 
                procedures as the Commission may prescribe.
                    ``(B) Individuals proving consanguinity with 
                claimants for benefits.--Each individual who proves 
                consanguinity with a claimant who has met each of the 
                criteria specified in subsection (c)(2) shall be 
                entitled to receive an equal share of the benefit 
                accruing under this section with respect to the claim 
                of such claimant if the individual files a claim with 
                the Commission by such procedures as the Commission may 
                prescribe.
            ``(7) Order of payments.--The Commission shall endeavor to 
        make payments under this section with respect to awards before 
        making such payments with respect to benefits and, when making 
        payments with respect to awards or benefits, respectively, to 
        make payments to eligible individuals in the order of date of 
        birth (the oldest individual on the date of the enactment of 
        this Act, or if applicable, the survivors of that individual, 
        receiving payment first) until all eligible individuals have 
        received payment in full.
            ``(8) Refusal to accept payment.--If a claimant refuses to 
        accept a payment made or offered under paragraph (2) or (3) 
        with respect to a claim filed under this section--
                    ``(A) the amount of the refused payment, if 
                withdrawn from the Trust Fund for purposes of making 
                the payment, shall be returned to the Trust Fund; and
                    ``(B) no payment may be made under this section to 
                such claimant at any future date with respect to the 
                claim.
            ``(9) Clarification of treatment of payments under other 
        laws.--Awards paid to eligible claimants--
                    ``(A) shall be treated for purposes of the internal 
                revenue laws of the United States as damages received 
                on account of personal injuries or sickness; and
                    ``(B) shall not be included as income or resources 
                for purposes of determining eligibility to receive 
                benefits described in section 3803(c)(2)(C) of title 
                31, United States Code, or the amount of such benefits.
    ``(e) Guam Trust Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States the Guam 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 Commission in accordance with 
        subsection (f).
            ``(4) Disposition of funds upon termination.--If all of the 
        amounts in the Trust Fund have not been obligated or expended 
        by the date of the termination of the Commission, investments 
        of amounts in the Trust Fund shall be liquidated, the receipts 
        of such liquidation shall be deposited in the Trust Fund, and 
        any unobligated funds remaining in the Trust Fund shall be 
        given to the University of Guam, with the conditions that--
                    ``(A) the funds are invested as described in 
                paragraph (2);
                    ``(B) the funds are used for scholarships to be 
                known as Guam World War II Loyalty Scholarships, for 
                claimants described in paragraph (1) or (2) of 
                subsection (c) or in subsection (d)(6), or for such 
                scholarships for the descendants of such claimants; and
                    ``(C) as the University determines appropriate, the 
                University shall endeavor to award the scholarships 
                referred to in subparagraph (B) in a manner that 
                permits the award of the largest possible number of 
                scholarships over the longest possible period of time.
    ``(f) Guam Trust Fund Commission.--
            ``(1) Establishment.--There is established the Guam Trust 
        Fund Commission, which shall be responsible for making 
        disbursements from the Guam Trust Fund in the manner provided 
        in this section.
            ``(2) Use of guam trust fund.--The Commission may make 
        disbursements from the Guam Trust Fund only for the following 
        uses:
                    ``(A) To make payments, under subsection (d), of 
                awards and benefits.
                    ``(B) 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 event and similar events may be illuminated and 
                understood.
                    ``(C) To pay reasonable administrative expenses of 
                the Commission, including expenses incurred under 
                paragraphs (3)(C), (4), and (5).
            ``(3) Membership.--
                    ``(A) Number and appointment.--The Commission shall 
                be composed of 9 members who are not officers or 
                employees of the United States Government and who are 
                appointed by the President from recommendations made by 
                the Governor of Guam.
                    ``(B) Terms.--
                            ``(i) Initial members of the Commission 
                        shall be appointed for initial terms of 3 
                        years, and subsequent terms shall be of a 
                        length determined pursuant to subparagraph (F).
                            ``(ii) Any member of the Commission who is 
                        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.
                    ``(C) Prohibition of compensation other than 
                expenses.--Members of the Commission shall serve 
                without pay as such, except that members of the 
                Commission shall be entitled to reimbursement for 
                travel, subsistence, and other necessary expenses 
                incurred by them in carrying out the functions of the 
                Commission in the same manner that persons employed 
                intermittently in the United States Government are 
                allowed expenses under section 5703 of title 5, United 
                States Code.
                    ``(D) Quorum.--5 members of the Commission shall 
                constitute a quorum but a lesser number may hold 
                hearings.
                    ``(E) Chairperson.--The Chairperson of the 
                Commission shall be elected by the members of the 
                Commission.
                    ``(F) Subsequent appointments.--
                            ``(i) Upon the expiration of the term of 
                        each member of the Commission, the President 
                        shall reappoint the member (or appoint another 
                        individual to replace the member) if the 
                        President determines, after consideration of 
                        the reports submitted to the President by the 
                        Commission under this section, that there are 
sufficient funds in the Trust Fund for the present and future 
administrative costs of the Commission and for the payment of further 
awards and benefits for which claims have been or may be filed under 
this title.
                            ``(ii) Members appointed under clause (i) 
                        shall be appointed for a term of a length that 
                        the President determines to be appropriate, but 
                        the length of such term shall not exceed 3 
                        years.
            ``(4) Staff and services.--
                    ``(A) Director.--The Commission shall have a 
                Director who shall be appointed by the Commission.
                    ``(B) Additional staff.--The Commission may appoint 
                and fix the pay of such additional staff as it may 
                require.
                    ``(C) Inapplicability of certain provisions of 
                title 5, united states code.--The Director and the 
                additional staff of the Commission may be appointed 
                without regard to section 5311 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 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.
                    ``(D) Administrative support services.--The 
                Administrator of General Services shall provide to the 
                Commission, on a reimbursable basis, such 
                administrative support services as the Commission may 
                request.
            ``(5) Gifts and donations.--The Commission may accept, use, 
        and dispose of gifts or donations of funds, services, or 
        property for uses referred to in paragraph (2). The Commission 
        may deposit such gifts or donations, or the proceeds from such 
        gifts or donations, into the Trust Fund.
            ``(6) Termination.--The Commission shall terminate on the 
        earlier of--
                    ``(A) the expiration of the 6-year period beginning 
                on the date of the appointment of the first member of 
                the Commission; or
                    ``(B) the date on which the Commission submits to 
                the Congress a certification that all claims certified 
                for payment under this section are paid in full and no 
                further claims are expected to be so certified.
    ``(g) Notice.--Not later than 90 days after the appointment of the 
ninth member of the Commission, the Commission shall give public notice 
in the territory of Guam and such other places as the Commission deems 
appropriate of the time limitation within which claims may be filed 
under this section. The Commission shall ensure that the provisions of 
this section are widely published in the territory of Guam and such 
other places as the Commission deems appropriate, and the Commission 
shall make every effort both to advise promptly all individuals who may 
be entitled to file claims under the provisions of this title and to 
assist such individuals in the preparation and filing of their claims.
    ``(h) Reports.--
            ``(1) Compensation and claims.--Not later than 12 months 
        after the formation of the Commission, and each year thereafter 
        for which the Commission is in existence, the Commission shall 
        submit to the Congress, the President, and the Governor of Guam 
        a report containing a determination of the specific amount of 
compensation necessary to fully carry out this section, the expected 
amount of receipts to the Trust Fund, and all payments made by the 
Commission under this section. The report shall also include, with 
respect to the year which the report concerns--
                    ``(A) a list of all claims, categorized by 
                compensable injury, which were determined to be 
                eligible for an award or benefit under this section, 
                and a list of all claims, categorized by compensable 
                injury, which were certified for payment under this 
                section; and
                    ``(B) a list of all claims, categorized by 
                compensable injury, which were determined not to be 
                eligible for an award or benefit under this section, 
                and a brief explanation of the reason therefor.
            ``(2) Annual operations and status of trust fund.--
        Beginning with the first full fiscal year ending after 
        submission of the first report required by paragraph (1), and 
        annually thereafter with respect to each fiscal year in which 
        the Commission is in existence, the Commission shall submit a 
        report to Congress, the President, and the Governor of Guam 
        concerning the operations of the Commission under this section 
        and the status of the Trust Fund. Each such report shall be 
        submitted not later than January 15th of the first calendar 
        year beginning after the end of the fiscal year which the 
        report concerns.
            ``(3) Final award report.--After all awards have been paid 
        to eligible claimants, the Commission shall submit a report to 
        the Congress, the President, and 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 status of the Trust Fund and the amount 
                of any existing balance thereof.
            ``(4) Final benefits report.--After all benefits have been 
        paid to eligible claimants, the Commission shall submit a 
        report to the Congress, the President, and the Governor of Guam 
        certifying--
                    ``(A) the total amount of compensation paid as 
                benefits under this section, broken down by category of 
                compensable injury; and
                    ``(B) the final status of the Trust Fund and the 
                amount of any existing balance thereof.
    ``(i) Limitation of Agent and Attorney Fees.--It shall be unlawful 
for an amount exceeding 5 percent of any payment required by this 
section with respect to an award or benefit to be paid to or received 
by any agent or attorney for any service rendered in connection with 
the payment. Any person who violates this section shall be fined under 
title 18, United States Code, or imprisoned for not more than 1 year, 
or both.
    ``(j) Disclaimer.--No provision of this section shall constitute an 
obligation for the United States to pay any claim arising out of war. 
The compensation provided in this section is ex gratia in nature and 
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.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated, from sums appropriated to the Department of the Interior, 
such sums as may be necessary to carry out this section, including the 
administrative responsibilities of the Commission for the 36-month 
period beginning on the date of the appointment of the ninth member of 
the Commission. Amounts appropriated pursuant to this section are 
authorized to remain available until expended.''.

SEC. 3. RECOMMENDATION OF FUNDING MEASURES.

    Not later than 1 year after the date of the submission of the first 
report submitted under section 35(h)(1) of the Organic Act of Guam (as 
added by section 2 of this Act), the President shall submit to the 
Congress a list of recommended spending cuts or other measures which, 
if implemented, would generate sufficient savings or income, during the 
first 5 fiscal years beginning after the date of the submission of such 
list, to provide the amount of compensation necessary to fully carry 
out this section (as determined in such first report).
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