Joint resolution to authorize an ex gratia contribution to certain inhabitants of the Trust Territory of the Pacific Islands who suffered damages arising out of the hostilities of the Second World War, to provide for the payment of noncombat claims occurring prior to July 1, 1951, and to establish a Micronesian Claims Commission
PL 92-39 (H.J.Res.617), enacted 07/01/1971

92 
PUBLIC LAW 92-39-JULY 1, 1971 
[85 STAT. 
Public Law 92-39 
July 1, 1971 
[H. J. Res. 617] 
20 UST 2654. 
Micronesian 
Claims Act of 
1971. 
JOINT RESOLUTION 
To authorize an ex gratia contribution to certain inhabitants of the Trust 
Territory of the Pacific Islands who suffered damages arising out of the 
hostilities of the Second World War, to provide for the payment of noncombat 
claims occurring prior to July 1, 1951, and to establish a Micronesian Claims 
Commission. 
Whereas certain Micronesian inhabitants of the Trust Territory of the 
Pacific Islands, formerly under League of Nations mandate to 
Japan, suffered from the hostilities of the Second World War; and 
Whereas the United States, while not liable for wartime damages 
suffered by the Micronesians, has responsibility for the welfare of 
the Micronesian people as the administering authority of the Trust 
Territory of the Pacific Islands; and 
Whereas the Governments of Japan and the United States entered into 
an agreement on April 18, 1969, to contribute ex gratia the equiva-
lent of $10,000,000 to the Micronesian inhabitants of the Trust 
Territory of the Pacific Islands in view of the suffering caused 
by the hostilities of the Second World War, each Government con-
tributing the equivalent of $5,000,000, Japan's contribution to take 
the form of products and services; and 
Whereas payment of these ex gratia contributions to certain Micro-
nesian inhabitants of the Trust Territory of the Pacific Islands will 
meet a longstanding Micronesian grievance and will promote the 
welfare of the Micronesian people; and 
Whereas certain Micronesian inhabitants of the Trust Territory of the 
Pacific Islands claim to have suffered damage to or loss or de-
struction of property, personal injury, or death caused by military 
and civilian employees of the United States Government and aris-
ing out of accidents or incidents between the dates of the securing 
of the various islands of Micronesia by the United States Armed 
Forces and July 1, 1951, and within an area under the control of 
the United States at the time of the accident or incident; and 
Whereas the United States is desirous of making an equitable settle-
ment of these claims by way of a monetary contribution: Therefore, 
be it 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled, That this resolution may be 
cited as the "Micronesian Claims Act of 1971". 
U.S. ex gratia 
contribution. 
"Micronesian 
inhabitant of the 
Trust Territory of 
the Pacific 
Islands." 
TITLE I 
SEC. 101. (a) It is the purpose of this title that, with respect to war 
claims, the United States should make an ex gratia contribution of 
$5,000,000 matching an equivalent contribution of the Government of 
Japan, to Micronesian inhabitants of the Trust Territory of the 
Pacific Islands who are determined by the Micronesian Claims Com-
mission to be meritorious claimants, in particular amounts to be 
awarded by the Micronesian Claims Commission, and that the Secre-
tary of the Interior, hereinafter referred to as the "Secretary", or his 
designee, shall pay to said Micronesian claimants as soon as possible 
following his receipt of the final report of the Micronesian Claims 
Commission on the claims allowed, such amounts as are finally certified 
pursuant to section 104 of this title. 
(b) A "Micronesian inhabitant of the Trust Territory of the Pacific 
Islands" is defined for the purposes of this joint resolution as a 
person who: 
(1) became a citizen of the Trust Territory of the Pacific 
85 STAT. ] 
PUBLIC LAW 92-39-JULY 1, 1971 
93 
Islands on July 18, 1947, and who remains a citizen as of the date 
of filing a claim; or 
(2) if then living, would have been eligible for citizenship on 
July 18, 1947; or 
(3) is the successor, heir, or assignee of a person eligible under 
paragraph (1) or (2) and who is a citizen of the Trust Territory 
of the Pacific Islands as of the date of filing a claim. 
SEC. 102. (a) There is hereby authorized to be appropriated to the 
Trust Territory of the Pacific Islands $5,000,000, in addition to the 
normal budgetary expenditures for the Trust Territory of the Pacific 
Islands and in addition to the appropriations authorized by section 2 
of the Act of June 30,1954, as amended, to be paid into a "Micronesian 
Claims Fund". The Secretary is hereby authorized to create and man-
age said Micronesian Claims Fund. 
(b) Funds approximating $5,000,000 appropriated to the Trust 
Territory of the Pacific Islands for supplies or capital improvements 
in accordance with the Act of June 30, 1954, as amended, shall be 
paid into a Micronesian Claims Fund as the products of Japan and 
the services of the Japanese people in the amount of one billion eight 
hundred millon yen (currently computed at $5,000,000) are provided 
by Japan pursuant to article I of the "Agreement between the United 
States of America and Japan", signed April 18, 1969. These funds, 
together with the sum authorized to be appropriated by subsection 
(a) of this section, shall constitute the whole of the Micronesian 
Claims Fund. 
SEC. 103. (a) There is hereby established a Micronesian Claims Com-
mission, hereinafter referred to as the "Commission", such Commis-
sion to be under the control and direction of the Chairman of the 
Foreign Claims Settlement Commission. The Commission shall be 
composed of five members, who shall be appointed, in consultation 
with the Secretary, by the Chairman of the Foreign Claims Settlement 
Commission, one of whom he shall designate as Chairman, Two mem-
bers shall be selected from a list of Micronesian citizens nominated by 
the congress of Micronesia. Any vacancy that may occur in the mem-
bership of the Commission shall be filled in the same manner as in 
the case of the original appointment. The members of the Commission 
shall serve at the pleasure of the Chairman of the Foreign Claims 
Settlement Cornm.ission. No Commissioner shall hold other public 
office or engage in any other employment during the period of his 
service on the Commission, except as an employee of the Foreign 
Claims Settlement Commission. 
(b) The members of the Commission shall receive compensation 
and allowances as determined by the Chairman of the Foreign Claims 
Settlement Commission by application of the rules and regulations 
which apply to officers and employees of the Trust Territory of the 
Pacific Islands, but in no event shall traveling and other expenses 
incurred in connection with their duties as members, or a per diem 
allowance in lieu thereof, exceed that prescribed in accordance with 
the provisions of subchapter 1 of chapter 57 of title 5, United States 
Code. The term of office of the members of the Commission shall 
expire at the time fixed in subsection (e) of this section for winding 
up the affairs of the Commission. 
(c) The Commission may, subject to the approval of the Chairman 
of the Foreign Claims Settlement Commission, appoint and fix the 
compensation and allowances of such officers, attorneys, and employees 
of the Commission as may be reasonably necessary for its proper 
functioning, which employees shall be in addition to those who may 
be assigned by the Chairman of the Foreign Claims Settlement Coni-
mission to assist the Commission in carrying out its functions. The 
Appropriation. 
81 Stat. 15; 
84 Stat. 1559. 
48 u s e 1681 
note, 
Micronesian 
Claims Fund, 
20 UST 2654. 
Micronesian 
Claims Commis-
sion, 
Membership, 
Compensation, 
80 Stat. 498; 
83 Stat. 190. 
5 u s e 5701. 
Term of office. 
Officers and 
employees, com-
pensation and 
allowances. 
94 
PUBLIC LAW 92-39-JULY 1, 1971 
[85 STAT. 
80 Stat. 498; 
83 Stat. 190. 
5 u s e 5701. 
Other U.S. gov-
ernment agencies, 
services. 
Rules and reg-
ulations. 
Notice and 
filing, time limit. 
Termination. 
Powers. 
Claims approval 
or denial, notifi-
cation. 
Hearing. 
compensation and allowances of employees appointed pursuant to this 
section shall be within the rules and regulations which apply to officers 
and employees of the Trust Territory of the Pacific Islands, but in no 
event to exceed the amount of allowances prescribed in subchapter 1 
of chapter 57 of title 5, United States Code. In addition, the Com-
mission, with the approval of the Chairman of the Foreign Claims 
Settlement Commission, may make such expenditures as may be 
reasonably necessary to carry out its proper functioning. Officers and 
employees of any other department or agency of the Government of 
the United States or the government of the Trust Territory of the 
Pacific Islands may, with the consent of the head of such department 
or agency, with or without reimbursement, be assigned to assist the 
Commission in carrying out its functions. The Commission may, with 
the consent of the head of any other department or agency of the 
Government of the United States or the government of the Trust 
Territory of the Pacific Islands, utilize, with or without reimburse-
ment, the facilities and services of such department or agency in 
carrying out the functions of the Commission, 
(d) The Commission shall, subject to the approval of the Chairman 
of the Foreign Claims Settlement Commission, prescribe such rules 
and regulations as are necessary for carrying out its functions. As 
expeditiously as possible and, in any event, within three months of its 
appointment, the Commission shall give public notice in the Trust 
Territory of the Pacific Islands of the time when, and the limit of 
time within which, claims may be filed, which notice shall be given 
in such manner as the Commission shall prescribe: Provided^ That 
the final date for the filing of claims shall not be more than one year 
after the appointment of the full membership of the Commission. 
The Commission shall give extensive publicity in the Trust Territory 
of the Pacific Islands to the provisions of this Act and shall make 
every effort to advise promptly all persons who may be entitled to 
file claims under the provisions of this Act administered by the Com-
mission of their rights under such provisions, and to assist them in the 
preparation and filing of their claims. A majority of the membership 
of the Commission shall be necessary to transact business: Provided, 
however, That an affirmative vote of at least three members shall be 
required for the promulgation of rules and regulations, and for the 
final adjudication of any claim. 
(e) The Commission shall wind up its affairs as expeditiously as 
possible and in any event not later than three years after the expira-
tion of the time for filing claims under this Act. 
SEC. 104. (a) The Commission shall have authority to receive, 
examine, adjudicate, and render final decisions, in accordance with 
the laws of the Trust Territory of the Pacific Islands and inter-
national law, with respect to (1) claims of the Micronesian inhabi-
tants of the Trust Territory of the Pacific Islands who suffered loss 
of life, physical injury, and property damage directly resulting from 
the hostilities between the Governments of Japan and the United 
States between December 7, 1941, and the dates of the securing of the 
various islands of Micronesia by United States Armed Forces, and 
(2) those claims arising as postwar claims between the dates of the 
securing of the various islands of Micronesia by United States Armed 
Forces and July 1, 1951. The Commission shall notify all claimants 
of the approval or denial of their claims, and, if approved, shall notify 
such claimants of the amount for which such claims are approved. 
A.nj claimant whose claim is denied, or is approved for less than the 
full amount of such claim shall be entitled, under such regulations as 
the Commission may prescribe, to a hearing before the Commission 
or its representatives, with respect to such claim. Upon such hearing, 
85 STAT. ] 
PUBLIC LAW 92-39-JULY 1, 1971 
95 
Reports to 
Congress. 
Transfer of 
funds. 
the Commission may affirm, modify, or revise its former action with 
respect to such claim, inchiding a denial or reduction in the amount 
theretofore allowed with respect to such claim. When all claims have 
been adjudicated, the Commission shall certify them to the Secretary 
for payment. The claims covered by title I of this Act shall be paid 
from the Micronesian Claims Fund except that, as to claims based on 
death, up to $1,000 shall be paid immediately upon adjudication, and 
the claims covered by title I I of this Act shall be paid by the Secretary 
from the funds appropriated for such purpose. 
(b) No later than six months after its organization, and annually 
thereafter, the Commission shall make a report, through the Chairman 
of the Foreign Claims Settlement Commission, to the Congress of 
the United States concerning its operations under this Act. The Com-
mission shall, upon winding up its work, certify to the Chairman of 
the Foreign Claims Settlement Commission, the Secretary, and to 
the Congress of the United States the following: 
(1) A list of all claims allowed, in whole or in part, together 
with the amount of each claim and, the amount awarded thereon. 
(2) A list of all claims disallowed. 
(3) A copy of the decision rendered in each case. 
(c) In the event that funds remain in the Micronesian Claims Fund 
after all allowable and adjudicated claims are paid, such remaining 
funds shall be transferred from the Micronesian Claims Fund to the 
Treasury of the Trust Territory of the Pacific Islands for appropria-
tion by the Congress of Micronesia for the welfare of the people of 
the Trust Territory of the Pacific Islands. In the event that the 
allow^able and adjudicated claims covered by title I of the Act exceed a 
total of $10,000,000, the Secretary shall make pro rata payments. 
(d) No payment shall be made on an award of the Commission 
unless the claimant shall first execute a full release to the United 
States and Japan in respect to any alleged liability of the United 
States or Japan, or both, arising before the date of the securing of 
the various islands of Micronesia by the United States Armed Forces. 
SEC. 105. There is authorized to be appropriated such sums as may 
be necessary for the operation and administrative expenses of the 
Foreign Claims Settlement Commission, to the extent needed to cover 
activity connected with this Act, and of the Commission in order to 
carry out the purposes of this Act. 
SEC. 106. The agreement for the payment of the Micronesian claims 
covered by title I of this Act having been reached by negotiators of irmiTat7 
the Governments of the United States and Japan, and since personnel 
to be appointed by the Secretary or the Commission will be available 
to assist the people of the Trust Territory of the Pacific Islands inso-
far as may be necessary in filing all claims covered by either title I 
or title I I of this Act, no remuneratioii on account of services rendered 
on behalf of any claimant, or any association of claimants, in connec-
tion with any claim or claims covered by either title I or title I I shall 
exceed, in total, 1 per centum of the amount paid on such claim or 
claims, pursuant to the provisions of this Act. Fees already paid for 
such services shall be deducted from the amount authorized by this 
Act. Any agreement to the contrary shall be unlawful and void. 
Whoever, in the United States or elsewhere, demands or receives, on 
account of services so rendered, any remuneration in excess of the 
maximum permitted by this section, shall be guilty of a misdemeanor 
and, upon conviction thereof, shall be fined not more than $5,000 
or imprisoned not more than twelve months, or both. 
Appropriation. 
Filing services, 
remuneration 
96 
PUBLIC LAW 92-40-JULY 1, 1971 
[85 STAT. 
Personal or 
property loss 
claims against 
U.S., settlement. 
Ante, 94. 
Appropriation. 
81 Stat. 15; 
84 Stat. 1559. 
48 u s e 1681 
note. 
TITLE I I 
SEC. 201. For the purpose of promoting and maintaining friendly 
relations by the final settlement of meritorious postwar claims, the 
Micronesian Claims Commission is, pursuant to authority granted in 
section 104(a) of title I, authorized to consider, ascertain, adjust, 
determine, and make payments, where accepted by the claimant in 
full satisfaction and in final settlement, of all claims by Micronesian 
inhabitants against the United States or the government of the Trust 
Territory of the Pacific Islands on account of personal injury or death 
or damage to or loss or destruction of private property, both real and 
personal, of Micronesian inhabitants of the former Japanese man-
dated islands, now the Trust Territory of the Pacific Islands adminis-
tered by the United States under a trusteeship agreement with the 
United Nations, including claims for a taking or for use or retention 
of such property where no payments or inadequate payments have 
been made for such taking, use, or retention when such damage, loss, 
or destruction was caused by the United States Army, Navy, Marine 
Corps, or Coast Guard, or individual members thereof, including mili-
tary personnel and United States Government civilian employees, and 
including employees of the Trust Territory government acting wdthin 
the scope of their employment: Provided^ That only those claims shall 
be considered by the Commission which are j)resented in writing as 
provided for in section 103(d) of title I of this Act and the accident 
or incident out of which the claim arose occurred prior to July 1,1951, 
within the islands which now comprise the Trust Territory of the 
Pacific Islands and within an area under the control of the United 
States at the time of the accident or incident: Provided further^ That 
any such settlements made by such Commission and a?iy such pay-
ments made by the Secretary under the authority of title I or title I I 
shall be final and conclusive for all purposes, notwithstanding any 
other provision of law to the contrary and not subject to review. 
SEC. 202. There is hereby authorized to be appropriated the amount 
of $20,000,000, in addition to the normal budgetary expenditures for 
the Trust Territory of the Pacific Islands and in addition to the 
appropriation authorized by section 2 of the Act of June 30, 1954, 
as amended, to be expended by the Secretary for the purposes of 
making payments to the extent authorized by this title of this Act. 
SEC. 203. Any funds appropriated for the purposes of this title 
which remain after the settlement of claims under the provisions of 
this title shall be covered into the Treasury of the United States. 
Approved July 1, 1971. 
July 1, 1971 
[H. R. 8313] 
Public Law 92-40 
AN ACT 
To amend the Social Security Act in order to continue for two years the 
temporary assistance program for United States citizens returned from abroad. 
83 Stat. 45. 
42 u s e 1313. 
Be it eTiacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 1113 (d) 
of the Social Security Act is amended by striking out "1971" and 
inserting in lieu thereof "1973". 
Approved July 1, 1971.