I
104TH CONGRESS
1ST SESSION
H. R. 2041
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 HOUSE OF REPRESENTATIVES
JULY 13, 1995
Mr. UNDERWOOD introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committees on the Judi-
ciary, and International Relations, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
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 Representa-
tives 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 PRO-
VIDE 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 estab-
lished by subsection (f).
‘‘(4) COMPENSABLE INJURY.—The term ‘com-
pensable 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).
‘‘(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 sub-
section (e).
‘‘(b) REQUIREMENTS
FOR CLAIMS
AND GENERAL
DUTIES OF COMMISSION—
‘‘(1) REQUIRED INFORMATION FOR CLAIMS.—
Each claim for an award or benefit under this sec-
tion 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 compen-
sable 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 ben-
efit 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 Commis-
sion, to fulfill the requirements of paragraph (2) re-
garding 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 pur-
suant 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 person-
ally received the compensable injury that is
the basis for the claim, or
‘‘(ii) the heir or next of kin of a dece-
dent Guamanian, in the case of a claim
with respect to which the compensable in-
jury 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
ELIGI-
BILITY.—A claimant meets the requirements of this
paragraph if the claimant meets each of the follow-
ing 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 Commis-
sion may prescribe, the claimant files a claim
under this section not later than 1 year after
the date of the appointment of the ninth mem-
ber 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 de-
scribed 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 sec-
tion.
‘‘(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 claim-
ant 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 per-
sonal 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 per-
sonal 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 pro-
vided 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 ex-
penses; or
‘‘(III) a grant for first-time home
ownership.
‘‘(ii) METHOD
OF
PAYMENT.—Pay-
ment 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).
‘‘(D) 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, pay-
ment of an award under this section shall be di-
vided, 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 proce-
dures as the Commission may prescribe.
‘‘(B) INDIVIDUALS PROVING CONSANGUIN-
ITY
WITH
CLAIMANTS
FOR
BENEFITS.—Each
individual who proves consanguinity with a
claimant who has met each of the criteria speci-
fied in subsection (c)(2) shall be entitled to re-
ceive 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 of-
fered 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 PAY-
MENTS UNDER OTHER LAWS.—Awards paid to eligi-
ble claimants—
‘‘(A) shall be treated for purposes of the
internal revenue laws of the United States as
damages received on account of personal inju-
ries or sickness; and
‘‘(B) shall not be included as income or re-
sources 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 Commis-
sion in accordance with subsection (f).
‘‘(4) DISPOSITION
OF
FUNDS
UPON
TERMI-
NATION.—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
subsection (e)(2);
‘‘(B) the funds are used for scholarships to
be known as Guam World War II Loyalty
Scholarships, for claimants described in para-
graph (1) or (2) of subsection (c) or in sub-
section (d)(6), or for such scholarships for the
descendants of such claimants; and
‘‘(C) as the University determines appro-
priate, 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 Com-
mission 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 edu-
cational activities so that the events surround-
ing 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 un-
derstood.
‘‘(C) To pay reasonable administrative ex-
penses 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 Commis-
sion shall be appointed for initial terms of
3 years, and subsequent terms shall be of
a length determined pursuant to subpara-
graph (F).
‘‘(ii) Any member of the Commission
who is appointed to fill a vacancy occur-
ring before the expiration of the term for
which such member’s predecessor was ap-
pointed shall be appointed only for the re-
mainder of such term.
‘‘(C) PROHIBITION
OF
COMPENSATION
OTHER
THAN
EXPENSES.—Members of the
Commission shall serve without pay as such, ex-
cept that members of the Commission shall be
entitled to reimbursement for travel, subsist-
ence, and other necessary expenses incurred by
them in carrying out the functions of the Com-
mission in the same manner that persons em-
ployed intermittently in the United States Gov-
ernment are allowed expenses under section
5703 of title 5, United States Code.
‘‘(D) QUORUM.—5 members of the Com-
mission shall constitute a quorum but a lesser
number may hold hearings.
‘‘(E) CHAIRPERSON.—The Chairperson of
the Commission shall be elected by the mem-
bers 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 fu-
ture administrative costs of the Commis-
sion 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 Commis-
sion may appoint and fix the pay of such addi-
tional staff as it may require.
‘‘(C) INAPPLICABILITY OF CERTAIN PROVI-
SIONS OF TITLE 5, UNITED STATES CODE.—The
Director and the additional staff of the Com-
mission 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 serv-
ice, and may be paid without regard to the pro-
visions of chapter 51 and subchapter III of
chapter 53 of such title, relating to classifica-
tion 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
SERV-
ICES.—The Administrator of General Services
shall provide to the Commission, on a reimburs-
able 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 be-
ginning 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 ex-
pected to be so certified.
‘‘(g) NOTICE.—Not later than 90 days after the ap-
pointment 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 ap-
propriate 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 Com-
mission 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 prepara-
tion and filing of their claims.
‘‘(h) REPORTS.—
‘‘(1) COMPENSATION AND CLAIMS.—Not later
than 12 months after the formation of the Commis-
sion, and each year thereafter for which the Com-
mission 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 re-
ceipts 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 re-
port 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 re-
quired by paragraph (1), and annually thereafter
with respect to each fiscal year in which the Com-
mission is in existence, the Commission shall submit
a report to Congress, the President, and the Gov-
ernor of Guam concerning the operations of the