‘‘(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).
‘‘(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, 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
paragraph (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
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 bene-
fits have been paid to eligible claimants, the Com-
mission 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 appro-
priated 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 appro-
priated 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 rec-
ommended spending cuts or other measures which, if im-
plemented, 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 com-
pensation necessary to fully carry out this section (as de-
termined in such first report).
Æ