[Congressional Record Volume 141, Number 176 (Wednesday, November 8, 1995)]
[Senate]
[Pages S16823-S16826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE:
  S. 1403. 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; 
to the Committee on the Judiciary.


                      the guam war restitution act

 Mr. INOUYE. Mr. President, on August 14, 1945, Japan signed a 
declaration of surrender, facilitating the end of World War II. This 
year we celebrated Victory Over Japan Day, to commemorate those who 
valiantly fought for humanity and those who were the victims of 
unspeakable acts of racism, hate, and violence during World War II. We 
must also remember those who were forced to endure Japanese occupation 
during World War II. For nearly 3 years, the people of Guam endured 
war-time atrocities and suffering. As part of Japan's assault against 
the Pacific, Guam was bombed and invaded by Japanese forces within 3 
days of the infamous attack on Pearl Harbor. At that time, Guam was 
administered by the U.S. Navy under the authority of a Presidential 
Executive order. It was also populated by then-American nationals. For 
the first time since the War of 1812, a foreign power invaded U.S. 
soil.
  In 1952, when the United States signed a peace treaty with Japan, 
formally ending World War II, it waived the rights of American 
nationals, including those of Guamanians, to present claims against 
Japan. As a result of this action, American nationals were forced to 
seek relief from the Congress of the United States.
  Today, I rise to introduce the Guam War Restitution Act, which would 
amend the Organic Act of Guam and provide restitution to those who 
suffered atrocities during the occupation of Guam in World War II.
  The Guam War Restitution Act would establish a Guam Restitution 
Claims Fund, which would provide specific damage awards to those who 
are survivors of the war, and to the heirs of those who died during the 
war. The specific damage awards would be as follows: First, $20,000 for 
the category of death; second, $7,000 for the category of personal 
injury; and third, $5,000 for the categories of forced labor, forced 
march, or internment.
  This act would also establish a Guam Restitution Trust Fund to 
provide restitution to the heirs of those individuals who sustained 
injuries during the war but died after the war. Eligible heirs would 
receive restitution in the form of postsecondary scholarships, first-
time home ownership loans, and grants for other suitable purposes. In 
addition, the trust fund could provide research and public educational 
activities to honor and memorialize the wartime events of Guam.
  The U.S. Congress previously recognized its moral obligation to the 
people of Guam and provided reparations relief by enacting the Guam 
Meritorious claims act on November 15, 1945 (Public Law 79-224). 
Unfortunately, the claims act was seriously flawed and did not 
adequately compensate Guam after World War II.

[[Page S 16824]]

  The Claims Act primarily covered compensation for property damage and 
limited compensation for death or personal injury. Claims for forced 
labor, forced march, and internment were never compensated because the 
Claims Act excluded these from awardable injuries. The enactment of the 
Claims Act was intended to make Guam whole. The Claims Act, however, 
failed to specify postwar values as a basis for computing awards, and 
settled on prewar values, which did not reflect the true postwar 
replacement costs. Also, all property damage claims in excess of 
$5,000, as well as all death and injury claims, required congressional 
review and approval. This action caused many eligible claimants to 
settle for less in order to receive timely compensation. The Claims Act 
also imposed a 1-year time limit to file claims, which was insufficient 
as massive disruptions still existed following Guam's liberation. In 
addition, English was then a second language to a great many 
Guamanians. While a large number spoke English, few could read it. This 
is particularly important since the Land and War Claims Commission 
required written statements and often communicated with claimants in 
writing.
  The reparations program was also inadequate because it become 
secondary to overall reconstruction and the building of permanent 
military bases. In this regard, the Congress enacted the Guam Land 
Transfer Act and the Guam Rehabilitation Act (Public Laws 79-225 and 
79-583) as a means of rehabilitating Guam. The Guam Land Transfer Act 
provided the means of exchanging excess Federal land for resettlement 
purposes, and the Guam Rehabilitation Act appropriated $6 million to 
construct permanent facilities for the civic populace of the island for 
their economic rehabilitation.
  Approximately $8.1 million was paid to 4,356 recipients under the 
Guam Meritorious Claims Act. Of this amount, $4.3 million was paid to 
1,243 individuals for death, injury, and property damage in excess of 
$5,000, and $3.8 million to 3,113 recipients for property damage below 
$5,000.
  On June 3, 1947, former Secretary of the Interior Harold Ickes 
testified before the House Committee on Public Lands relative to the 
Organic Act, and strongly criticized the Department of the Navy for 
their ``inefficient and even brutal handling of the rehabilitation and 
compensation and war damage tasks.'' Secretary Ickes termed the 
procedures as ``shameful results.''
  In addition, a committee known as the Hopkins Committee was 
established by former Secretary of the Navy James Forrestal in 1947 to 
assess the Navy's administration of Guam and American Samoa. An 
analysis of the Navy's administration of the reparation and 
rehabilitation program was provided to Secretary Forrestal in a March 
25, 1947 letter from the Hopkins Committee. The letter indicated that 
the Department's confusing policy decisions greatly contributed to the 
programs' deficiencies and called upon the Congress to pass legislation 
to correct its mistakes and provide reparations to the people of Guam.
  In 1948, the U.S. Congress enacted the War Claims Act of 1948 (Public 
Law 80-896), which provided reparation relief to American prisoners of 
war, internees, religious organizations, and employees of defense 
contractors. The residents of Guam were deemed ineligible to receive 
reparations under this act because they were American nationals and not 
American citizens. In 1950, the U.S. Congress enacted the Guam Organic 
Act (81-630), granting Guamanians American citizenship and a measure of 
self-government.
  The Congress, in 1962, amended the War Claims Act to provide for 
claimants who were nationals at the time of the war and who became 
citizens. Again, the residents of Guam were specifically excluded. The 
Congress believed that the residents of Guam were provided for under 
the Guam Meritorious Claims Act. At that time, there was no one to 
defend Guam, as they had no representation in Congress. The Congress 
also enacted the Micronesian Claims Act for the Trust Territory of the 
Pacific Islands, but again excluded Guam in the settlement.
  In 1988, the Guam War Reparations Commission documented 3,365 
unresolved claims. There are potentially 5,000 additional unresolved 
claims. In 1946, the United States provided over $390 million in 
reparations to the Philippines, and over $10 million to the Micronesian 
Islands in 1971 for atrocities inflicted by Japan. In addition, the 
United States provided over $2 billion in postwar aid to Japan from 
1946-51. Further, the United States Government liquidated over $84 
million in Japanese assets in the United States during the war for the 
express purpose of compensating claims of its citizens and nationals. 
The United States did not invoke its authority to seize more assets 
from Japan under article 14 of the Treaty of Peace, as other Allied 
Powers had done. The United States, however, did close the door on the 
claims of the people of Guam.
  A companion measure to my bill, H.R. 2041, was introduced in the 
House of Representatives by Representative Robert Underwood. H.R. 2041, 
however, includes a provision assessing a 0.5 percent fee on the sale 
of United States military equipment to Japan. My bill does not include 
the fee provision because, in my view, it would cause U.S. 
manufacturers to be less competitive with other foreign manufacturers. 
Imposing such a fee could lead to the loss of American jobs, which is 
of concern in light of the decline in defense spending.
  The issue of reparations for Guam is not a new one for the people of 
Guam and for the U.S. Congress. It has been consistently raised by the 
Guamanian Government through local enactments of legislative bills and 
resolutions, and discussed with congressional leaders over the years.
  The Guam War Restitution Act cannot fully compensate or erase the 
atrocities inflicted upon Guam and its people during the occupation by 
the Japanese military. However, passage of this act would recognize our 
Government's moral obligation to Guam, and bring justice to the people 
of Guam for the atrocities and suffering they endured during World War 
II. I urge my colleagues to support this measure.
   Mr. President, I ask unanimous consent that the text of the bill be 
inserted in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1403

       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. 36. 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).

[[Page S 16825]]

       ``(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 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 clause (i).
       ``(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) Treatment of payments under other laws.--Awards and 
     benefits 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.

[[Page S 16826]]

       ``(2) Use of trust fund.--The Commission may make 
     disbursements from the 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, 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 end 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 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.''.
                                 ______