H. R. 44
To implement the recommendations of the Guam War Claims Review Commission.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Ms. BORDALLO (for herself, Ms. LORETTA SANCHEZ of California, Mr. ANDREWS,
Ms. HIRONO, Mr. CUMMINGS, Mr. BISHOP of Georgia, Ms. RICHARDSON, Mr. GRIJALVA,
Mr. SABLAN, Mrs. CHRISTENSEN, Mr. FALEOMAVAEGA, Mr. PIERLUISI, Mr. JONES,
Mr. HOYER, Ms. JACKSON LEE of Texas, Mr. LOEBSACK, Mr. BURTON of Indiana,
Mr. SENSENBRENNER, Mr. BECERRA, Ms. NORTON, Mr. BARTLETT, Mr. RAHALL, Mr.
WILSON of South Carolina, Mr. NADLER, and Mr. MICHAUD) introduced the following
bill; which was referred to the Committee on Natural Resources
To implement the recommendations of the Guam War Claims Review Commission.
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 World War II Loyalty Recognition Act'.
SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM.
(a) Recognition of the Suffering of the Residents of Guam- The United States
recognizes that, as described by the Guam War Claims Review Commission, the
residents of Guam, on account of their United States nationality, suffered
unspeakable harm as a result of the occupation of Guam by Imperial Japanese
military forces during World War II, by being subjected to death, rape, severe
personal injury, personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam- The United States
forever will be grateful to the residents of Guam for their steadfast loyalty
to the United States of America, as demonstrated by the countless acts of
courage they performed despite the threat of death or great bodily harm they
faced at the hands of the Imperial Japanese military forces that occupied
Guam during World War II.
SEC. 3. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment-
Subject to the availability of appropriations authorized to be appropriated
under section 6(a), after receipt of certification pursuant to section 4(b)(8)
and in accordance with the provisions of this title, the Secretary of the
Treasury shall make payments as follows:
(1) RESIDENTS INJURED- Before any payments are made to individuals described
in paragraph (2), the Secretary shall pay compensable Guam victims who are
not deceased as follows:
(A) If the victim has suffered an injury described in subsection (c)(2)(A),
(B) If the victim is not described in subparagraph (A) but has suffered
an injury described in subsection (c)(2)(B), $12,000.
(C) If the victim is not described in subparagraph (A) or (B) but has
suffered an injury described in subsection (c)(2)(C), $10,000.
(2) SURVIVORS OF RESIDENTS WHO DIED IN WAR- In the case of a compensable
Guam decedent, the Secretary shall pay $25,000 for distribution to eligible
survivors of the decedent as specified in subsection (b). The Secretary
shall make payments under this paragraph after payments are made under paragraph
(b) Distribution of Survivor Payments- Payments under paragraph (2) of subsection
(a) to eligible survivors of an individual who is a compensable Guam decedent
shall be made as follows:
(1) If there is living a spouse of the individual, but no child of the individual,
all of the payment shall be made to such spouse.
(2) If there is living a spouse of the individual and one or more children
of the individual, one-half of the payment shall be made to the spouse and
the other half to the child (or to the children in equal shares).
(3) If there is no living spouse of the individual, but there are one or
more children of the individual alive, all of the payment shall be made
to such child (or to such children in equal shares).
(4) If there is no living spouse or child of the individual but there is
a living parent (or parents) of the individual, all of the payment shall
be made to the parent (or to the parents in equal shares).
(5) If there is no such living spouse, child, or parent, no payment shall
(c) Definitions- For purposes of this title:
(1) COMPENSABLE GUAM DECEDENT- The term `compensable Guam decedent' means
an individual determined under section 4 to have been a resident of Guam
who died or was killed as a result of the attack and occupation of Guam
by Imperial Japanese military forces during World War II, or incident to
the liberation of Guam by United States military forces, and whose death
would have been compensable under the Guam Meritorious Claims Act of 1945
(Public Law 79-224) if a timely claim had been filed under the terms of
(2) COMPENSABLE GUAM VICTIM- The term `compensable Guam victim' means an
individual determined under section 4 to have suffered, as a result of the
attack and occupation of Guam by Imperial Japanese military forces during
World War II, or incident to the liberation of Guam by United States military
forces, any of the following:
(A) Rape or severe personal injury (such as loss of a limb, dismemberment,
(B) Forced labor or a personal injury not under subparagraph (A) (such
as disfigurement, scarring, or burns).
(C) Forced march, internment, or hiding to evade internment.
(3) DEFINITIONS OF SEVERE PERSONAL INJURIES AND PERSONAL INJURIES- The Foreign
Claims Settlement Commission shall promulgate regulations to specify injuries
that constitute a severe personal injury or a personal injury for purposes
of subparagraphs (A) and (B), respectively, of paragraph (2).
SEC. 4. ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission-
(1) IN GENERAL- The Foreign Claims Settlement Commission is authorized to
adjudicate claims and determine eligibility for payments under section 3.
(2) RULES AND REGULATIONS- The chairman of the Foreign Claims Settlement
Commission shall prescribe such rules and regulations as may be necessary
to enable it to carry out its functions under this title. Such rules and
regulations shall be published in the Federal Register.
(b) Claims Submitted for Payments-
(1) SUBMITTAL OF CLAIM- For purposes of subsection (a)(1) and subject to
paragraph (2), the Foreign Claims Settlement Commission may not determine
an individual is eligible for a payment under section 3 unless the individual
submits to the Commission a claim in such manner and form and containing
such information as the Commission specifies.
(2) FILING PERIOD FOR CLAIMS AND NOTICE- All claims for a payment under
section 3 shall be filed within one year after the Foreign Claims Settlement
Commission publishes public notice of the filing period in the Federal Register.
The Foreign Claims Settlement Commission shall provide for the notice required
under the previous sentence not later than 180 days after the date of the
enactment of this title. In addition, the Commission shall cause to be publicized
the public notice of the deadline for filing claims in newspaper, radio,
and television media on Guam.
(3) ADJUDICATORY DECISIONS- The decision of the Foreign Claims Settlement
Commission on each claim shall be by majority vote, shall be in writing,
and shall state the reasons for the approval or denial of the claim. If
approved, the decision shall also state the amount of the payment awarded
and the distribution, if any, to be made of the payment.
(4) DEDUCTIONS IN PAYMENT- The Foreign Claims Settlement Commission shall
deduct, from potential payments, amounts previously paid under the Guam
Meritorious Claims Act of 1945 (Public Law 79-224).
(5) INTEREST- No interest shall be paid on payments awarded by the Foreign
Claims Settlement Commission.
(6) REMUNERATION PROHIBITED- No remuneration on account of representational
services rendered on behalf of any claimant in connection with any claim
filed with the Foreign Claims Settlement Commission under this title shall
exceed one percent of the total amount paid pursuant to any payment certified
under the provisions of this title on account of such claim. Any agreement
to the contrary shall be unlawful and void. Whoever demands or receives,
on account of services so rendered, any remuneration in excess of the maximum
permitted by this section shall be fined not more than $5,000 or imprisoned
not more than 12 months, or both.
(7) APPEALS AND FINALITY- Objections and appeals of decisions of the Foreign
Claims Settlement Commission shall be to the Commission, and upon rehearing,
the decision in each claim shall be final, and not subject to further review
by any court or agency.
(8) CERTIFICATIONS FOR PAYMENT- After a decision approving a claim becomes
final, the chairman of the Foreign Claims Settlement Commission shall certify
it to the Secretary of the Treasury for authorization of a payment under
(9) TREATMENT OF AFFIDAVITS- For purposes of section 3 and subject to paragraph
(2), the Foreign Claims Settlement Commission shall treat a claim that is
accompanied by an affidavit of an individual that attests to all of the
material facts required for establishing eligibility of such individual
for payment under such section as establishing a prima facie case of the
individual's eligibility for such payment without the need for further documentation,
except as the Commission may otherwise require. Such material facts shall
include, with respect to a claim under paragraph (2) or (3) of section 3(a),
a detailed description of the injury or other circumstance supporting the
claim involved, including the level of payment sought.
(10) RELEASE OF RELATED CLAIMS- Acceptance of payment under section 3 by
an individual for a claim related to a compensable Guam decedent or a compensable
Guam victim shall be in full satisfaction of all claims related to such
decedent or victim, respectively, arising under the Guam Meritorious Claims
Act of 1945 (Public Law 79-224), the implementing regulations issued by
the United States Navy pursuant thereto, or this title.
SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING WORLD
(a) Establishment- Subject to section 6(b) and in accordance with this section,
the Secretary of the Interior shall establish a grants program under which
the Secretary shall award grants for research, educational, and media activities
that memorialize the events surrounding the occupation of Guam during World
War II, honor the loyalty of the people of Guam during such occupation, or
both, for purposes of appropriately illuminating and interpreting the causes
and circumstances of such occupation and other similar occupations during
(b) Eligibility- The Secretary of the Interior may not award to a person a
grant under subsection (a) unless such person submits an application to the
Secretary for such grant, in such time, manner, and form and containing such
information as the Secretary specifies.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication- For purposes of carrying
out sections 3 and 4, there are authorized to be appropriated $100,000,000,
to remain available for obligation until September 30, 2016, to the Foreign
Claims Settlement Commission. Not more than 5 percent of funds made available
under this subsection shall be used for administrative costs.
(b) Guam World War II Grants Program- For purposes of carrying out section
5, there are authorized to be appropriated $5,000,000, to remain available
for obligation until September 30, 2016.