109th CONGRESS
1st Session
H. R. 1595
To implement the recommendations of the Guam War Claims Review Commission.
IN THE HOUSE OF REPRESENTATIVES
April 13, 2005
Ms. BORDALLO (for herself, Mr. RAHALL, Mr. SENSENBRENNER, Mr. CONYERS, Mr.
YOUNG of Alaska, Mr. SKELTON, Mr. BURTON of Indiana, Mr. LANTOS, Mr. JONES
of North Carolina, Mr. HONDA, Mr. FLAKE, Mr. EVANS, Mr. RENZI, Ms. VELAZQUEZ,
Mr. FORTUN.AE6O, Mr. GEORGE MILLER of California, Mr. ISSA, Mr. SCOTT of Virginia,
Mr. MILLER of Florida, Ms. ZOE LOFGREN of California, Mr. FALEOMAVAEGA, Mr.
ABERCROMBIE, Mr. WILSON of South Carolina, Mr. ORTIZ, Mr. ALEXANDER, Mrs.
CHRISTENSEN, Mr. REHBERG, Mr. KIND, Mrs. NAPOLITANO, Mr. UDALL of New Mexico,
Mr. GRIJALVA, Mr. CARDOZA, Mr. TOWNS, Mr. PAYNE, Ms. NORTON, Mr. BECERRA,
Mr. HASTINGS of Florida, Mr. HOLDEN, Ms. BERKLEY, Mr. CROWLEY, Ms. SCHAKOWSKY,
Mr. LANGEVIN, Ms. SOLIS, Mr. WU, Ms. WATSON, Mr. CASE, Mr. SCOTT of Georgia,
and Ms. MATSUI) introduced the following bill; which was referred to the Committee
on Resources
A BILL
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; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Guam World War II Loyalty Recognition
Act'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 3. Recognition of the suffering and loyalty of the residents of Guam.
Sec. 5. Guam World War II Loyalty Recognition Fund.
Sec. 6. Payments for death.
Sec. 7. Payments for personal injury, forced labor, forced march, and internment.
Sec. 9. Guam World War II Remembrance Trust Fund.
Sec. 10. Authorization of appropriations.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) acknowledge the suffering of the residents of Guam as a result of the
occupation of Guam in World War II by Imperial Japanese military forces;
(2) acknowledge the steadfast loyalty to the United States of the residents
of Guam as a result of the occupation of Guam in World War II by Imperial
Japanese military forces;
(3) compensate surviving relatives for the deaths of residents of Guam as
a result of the occupation of Guam in World War II by Imperial Japanese
military forces;
(4) compensate persons who themselves suffered personal injury (including
rape and malnutrition), forced labor, forced march, or internment as a result
of the occupation of Guam in World War II by Imperial Japanese military
forces; and
(5) establish a trust fund to sponsor research and educational activities
regarding the wartime occupation and liberation of Guam, scholarships, medical
facilities, and other benefits for the people of Guam.
SEC. 3. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM.
(a) Recognition of the Suffering of the Residents of Guam- The United States
of America 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, personal
injury (including rape and malnutrition), forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam- The United States
of America 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. 4. DEFINITIONS.
(1) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(2) COMMISSION- The term `Commission' means the Guam World War II Loyalty
Recognition Commission established under section 8(a)(1).
(3) FUND- The term `Fund' means the Guam World War II Loyalty Recognition
Fund established under section 5(a).
(4) TRUST FUND- The term `Trust Fund' means the Guam World War II Remembrance
Trust Fund established under section 9(a).
(5) ELIGIBLE SURVIVOR- The term `eligible survivor'--
(A) as used in section 6, means the spouse, child, or parent, respectively
in this order of priority, who is identified as an eligible successor
claimant in section 5(d) of title I of the War Claims Act of 1948 (50
U.S.C. App. 2004(d)); and
(B) as used in section 7, means the spouse, child, or parent, respectively
in this order of priority--
(i) who is identified as an eligible successor claimant in section 5(d)
of title I of the War Claims Act of 1948 (50 U.S.C. App. 2004(d)); and
(ii) who is living in the year 1990.
SEC. 5. GUAM WORLD WAR II LOYALTY RECOGNITION FUND.
(a) Establishment- There shall be established in the Treasury of the United
States the Guam World War II Loyalty Recognition Fund.
(b) Reports- The Secretary shall report to Congress, not later than 60 days
after the end of each fiscal year, on the financial condition of the Fund
and the results of operations of the Fund during the preceding fiscal year,
and on the expected financial condition and operations of the the Fund during
the current fiscal year.
(c) Investments- Amounts in the Fund shall be invested in accordance with
section 9702 of title 31, United States Code.
(d) Termination- The Secretary shall terminate the Fund three years after
the date of the enactment of this Act, or one year following the disbursement
of all payments from the Fund, as authorized by this Act, whichever occurs
later. On the date the Fund is terminated, all investments of amounts in the
Fund shall be liquidated by the Secretary and the proceeds thereof deposited
in the Fund, and all moneys remaining in the Fund shall be deposited in the
miscellaneous receipts account in the Treasury.
SEC. 6. PAYMENTS FOR DEATH.
The Secretary shall, subject to the availability of funds appropriated for
the Fund and after receipt of certification pursuant to section 8(b)(7), pay
the sum of $25,000 for distribution to the eligible survivor or among the
eligible survivors of each 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) and the implementing regulations
issued by the United States Navy pursuant thereto.
SEC. 7. PAYMENTS FOR PERSONAL INJURY, FORCED LABOR, FORCED MARCH, AND INTERNMENT.
The Secretary of the Interior shall, subject to the availability of funds
appropriated for the Fund and after receipt of certification pursuant to section
8(b)(7), pay the sum of $12,000 to each person, or to the eligible survivor
or among the eligible survivors of such person, who 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, one or more of the following:
(1) Personal injury (including rape and malnutrition).
(5) Hiding to evade internment.
SEC. 8. ADJUDICATION.
(a) Guam World War II Loyalty Recognition Commission-
(1) COMMISSION ESTABLISHED- The Foreign Claims Settlement Commission of
the United States in the United States Department of Justice shall establish
a commission to be known as the `Guam World War II Loyalty Recognition Commission'
to adjudicate claims and determine eligibility for award payments pursuant
to sections 6 and 7.
(2) MEMBERSHIP AND CHAIRMAN OF COMMISSION- The Commission shall be composed
of five members, who shall be appointed by the chairman of the Foreign Claims
Settlement Commission, in consultation with the Secretary, with two members
appointed after consideration of a list of ten nominees submitted by the
Governor of Guam. The chairman of the Foreign Claims Settlement Commission
shall designate one of the members of the Commission to serve as chairman
of the Commission.
(3) TERMS OF CHAIRMAN AND MEMBERS- The chairman and members of the Commission
shall serve at the pleasure of the chairman of the Foreign Claims Settlement
Commission, with any vacancy in the membership of the Commission to be filled
in the same manner as the original appointment.
(4) COMPENSATION- The chairman and members of the Commission shall receive
compensation as provided under section 5316 of title 5, United States Code,
and shall receive reimbursement for travel and other expenses incurred in
connection with their duties as members, or a per diem allowance in lieu
thereof, at a level not to exceed that prescribed under the provisions of
subchapter I of chapter 57 of title 5, United States Code.
(5) STAFF OF COMMISSION; STAFF, FACILITIES, AND SERVICES OF FEDERAL AGENCIES-
(A) STAFF OF COMMISSION- 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
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 Commission to assist the Commission in carrying
out its functions. The Commission may also delegate functions to any member,
officer, or employee of the Commission. The compensation of officers,
attorneys, and employees appointed pursuant to this subsection shall be
set in accordance with subchapter III of chapter 53 of title 5, United
States Code, and they shall receive reimbursement for travel and other
expenses incurred in connection with their duties, or a per diem allowance
in lieu thereof at a level not to exceed the amount of allowances prescribed
under the provisions of subchapter I of chapter 57 of title 5, United
States Code.
(B) STAFF, FACILITIES, AND SERVICES OF FEDERAL AGENCIES- Officers and
employees of any other department or agency of the Government of the United
States or the Government of Guam 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 Guam, utilize,
with or without reimbursement, a facility or service of such department
or agency in carrying out the functions of the Commission.
(6) RULES AND REGULATIONS- The Commission shall prescribe such rules and
regulations as may be necessary to enable it to carry out its functions.
Such rules and regulations shall be published in the Federal Register.
(7) EXPENDITURE OF FUNDS PERMITTED- Subject to the general supervision of
the chairman of the Foreign Claims Settlement Commission, and subject to
the availability of the funds appropriated for payment of the expenses of
the Commission pursuant to section 10 of this Act, the Commission may expend
such funds as may be reasonably necessary to enable it to carry out its
functions.
(b) Claims Submitted for Guam World War II Loyalty Recognition Fund-
(1) FILING PERIOD FOR CLAIMS AND NOTICE- All claims for a payment described
under section 6 or 7 shall be filed within one year of the publishing of
public notice in the Federal Register. In addition, public notice of the
deadline for filing claims shall be published in newspaper, radio, and television
media on Guam.
(2) ADJUDICATORY DECISIONS- The decision of the 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 awarded and the distribution, if any, to be made of
the award.
(3) DEDUCTIONS IN PAYMENT- The Commission shall deduct, from potential awards,
amounts previously paid under the Guam Meritorious Claims Act of 1945 (Public
Law 79-224), if the previous amounts were of $1,000 or more in the case
of awards for death, or of $500 or more in the case of awards for personal
injury.
(4) INTEREST- No interest shall be paid on amounts awarded by the Commission.
(5) REMUNERATION PROHIBITED- No remuneration on account of representational
services rendered on behalf of any claimant in connection with any claim
filed with the Commission under this Act shall exceed one per centum of
the total amount paid pursuant to any award certified under the provisions
of this Act 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
twelve months, or both.
(6) APPEALS AND FINALITY- Objections and appeals of decisions of the 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.
(7) CERTIFICATION FOR PAYMENT- After a decision approving a claim becomes
final, the chairman of the Commission shall certify it to the Secretary
for authorization of an award payment described under section 6 or 7, as
applicable.
(8) RELEASE OF RELATED CLAIMS- Acceptance of payment by an eligible individual
shall be in full satisfaction of all claims arising under the Guam Meritorious
Claims Act of 1945 (Public Law 79-224), the implementing regulations issued
by the United States Navy pursuant thereto, and this Act.
SEC. 9. GUAM WORLD WAR II REMEMBRANCE TRUST FUND.
(a) Requirement to Establish Trust Fund- The Secretary shall establish a non-profit
corporation incorporated under the laws of Guam to be known as the `Guam World
War II Remembrance Trust Fund'.
(b) Purposes of Trust Fund- The Trust Fund shall be used to--
(1) receive funds that result from the following processes--
(A) within 90 days after the filing period described under section 8(b)(1),
the Trust Fund is subrogated to the rights before the Commission of any
person who, while eligible to submit a claim for a payment described under
section 6 or 7, failed to file such a claim;
(B) the Trust Fund is subrogated to the rights of any person to receive
an award from the Commission if that person states his or her refusal
in writing and files it with the Trust Fund; and
(C) the Trust Fund shall receive from the United States Treasury the proceeds
of each check issued against the Fund that has not been cashed after one
year from the date of issuance of such check;
(2) sponsor research, educational, and media activities, so that the events
surrounding the World War II occupation of Guam by Imperial Japanese military
forces and liberation of Guam by United States military forces, as well
as the loyalty of the people of Guam, will be remembered, and so that the
causes and circumstances of this and other wartime events may be illuminated
and understood;
(4) provide medical facilities to treat the medical and mental needs of
residents of Guam who survived the World War II occupation of Guam by Imperial
Japanese military forces; and
(5) undertake such other public projects, consistent with the foregoing,
that would benefit the people of Guam.
(1) MEMBERSHIP AND APPOINTMENT- The board of directors of the corporation
shall consist of three persons appointed by the Secretary for staggered
three-year terms from lists of up to five nominees each that may be submitted
by the Governor of Guam, the Speaker of the Legislature of Guam, and the
Chief Justice of the Supreme Court of Guam. All of the nominees shall be
residents of Guam, and, for the first 10 years of the life of the Trust
Fund, shall be persons who lived in Guam during the World War II occupation
of Guam by Imperial Japanese military forces.
(2) MEETINGS AND COMPENSATION- The board of directors shall meet one day
every three months to conduct Trust Fund business, with each member being
paid $100 for each such meeting.
(d) Executive Director; Secretary-Treasurer- The Trust Fund may hire an Executive
Director and a Secretary-Treasurer of the Trust Fund.
(e) Termination- At any time later than two years after the conclusion of
all adjudications by the Commission, the Trust Fund shall terminate if the
value of the assets of the Trust Fund is less than $250,000. The termination
date of the Trust Fund shall be that date which is three months after the
date on which the value is less than $250,000. On the date the Trust Fund
is terminated, all investments of amounts in the Trust Fund shall be liquidated
by the Secretary and the proceeds thereof deposited in the miscellaneous receipts
account in the Treasury.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to pay
amounts awarded under this Act and to pay the expenses of the Commission.
END
