89–006 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–149 

TO MAKE TECHNICAL CORRECTIONS TO THE GUAM 

WORLD WAR II LOYALTY RECOGNITION ACT 

JULY 11, 2019.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. GRIJALVA, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1365] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1365) to make technical corrections to the Guam World 

War II Loyalty Recognition Act, having considered the same, report 

favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 1365 is to make technical corrections to the 

Guam World War II Loyalty Recognition Act. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1365 makes technical corrections to the Guam World War 

II Loyalty Recognition Act, (Title 17, Public Law 114–328) to address the insufficiency of the language in the original law that prevents the release of available funds that are being set aside to pay 

Guam WWII Survivor Claims. 

Congress enacted Public Law 107–333, in 2002, to establish the 

Guam War Claims Review Commission to review Guam war claims 

and ‘‘determine whether there was parity of war claims paid to the 

residents of Guam under the Guam Meritorious Claims Act as compared with awards made to other similarly affected United States 

citizens or nationals in territory occupied by the Imperial Japanese 

2 

1 Pub. L. No. 107–333, § 5(4), 116 Stat. 2873, 2874 (2002). 2 Guam War Claims Review Comm’n, Report on the Implementation of the Guam Meritorious 

Claims Act of 1945 (2004). 3Guam World War II Loyalty Recognition Act, Pub. L. No. 114–328, tit. 17, 130 Stat. 2000, 

2641–47 (2016). 

military forces during World War II.’’ 1 In June 2004, Congress received the final report from the Review Commission, which recommended that Congress acknowledge both the suffering of the 

Guamanians during the Japanese occupation and the loyalty shown 

to the United States during the war; and that Congress provide 

funding to pay compensation to eligible survivors for claims of 

death and personal injury.2

In 2016, Congress enacted the Guam World War II Loyalty Recognition Act to provide for the adjudication of claims and for the 

payment of compensation as recommended by the Commission, as 

part of the FY 2016 National Defense Authorization Act.3 However, 

the operative language was mistakenly insufficient to allow the release of the funds set aside to pay the claims. H.R. 1365 consists 

of technical corrections to effectuate the Guam World War II Loyalty Recognition Act as intended. 

COMMITTEE ACTION

H.R. 1365 was introduced on February 26, 2019, by Representative Michael F.Q. San Nicolas (D–GU). The bill was referred solely 

to the Committee on Natural Resources. On June 19, 2019, the 

Natural Resources Committee met to consider the bill. No amendments were offered. The bill was ordered favorably reported to the 

House of Representatives by voice vote. 

HEARINGS

For the purposes of section 103(i) of H. Res. 6 of the 116th Congress—the following hearing was used to develop or consider H.R. 

1365: full committee markup held on June 19, 2019. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

3 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 10, 2019. 

Hon. RAU ́ L M. GRIJALVA, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1365, a bill to make technical corrections to the Guam World War II Loyalty Recognition 

Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

PHILLIP L. SWAGEL, Director. 

Enclosure. 

H.R. 1365 would authorize a portion of customs duties and federal income taxes collected in Guam to be spent to compensate certain residents and surviving family members for their treatment 

during the island’s occupation by Japanese military forces during 

World War II. Those customs duties and income taxes are currently 

deposited in the Treasury as miscellaneous receipts. 

Using information from the Department of Justice about how 

much compensation is due, CBO estimates that enacting H.R. 1365 

would increase direct spending by $40 million for compensation 

payments as funds become available over the 2020–2023 period. 

The costs of the legislation (detailed in Table 1) fall within budget function 800 (general government). 

TABLE 1—ESTIMATED INCREASES IN DIRECT SPENDING UNDER H.R. 1365 

By fiscal year, millions of dollars— 

2019 2020 2021 2022 2023 2024 2019– 

2024 

Estimated Budget Authority 0 12 12 12 4 0 40 

Estimated Outlays 0 12 12 12 4 0 40 


Insert offset folio 5 here HR149.001
4 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goals and objectives of this bill is to make technical corrections to the Guam World 

War II Loyalty Recognition Act. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

UNFUNDED MANDATES REFORM ACT STATEMENT

This bill contains no unfunded mandates. 

EXISTING PROGRAMS

This bill does not establish or reauthorize a program of the federal government known to be duplicative of another program. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

Any preemptive effect of this bill over state, local, or tribal law 

is intended to be consistent with the bill’s purposes and text and 

the Supremacy Clause of Article VI of the U.S. Constitution. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 

YEAR 2017 

(Public Law 114-328) 

* * * * * * * 

DIVISION A—DEPARTMENT OF 

DEFENSE AUTHORIZATIONS 

* * * * * * * 

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TITLE XVII—GUAM WORLD WAR II 

LOYALTY RECOGNITION ACT 

* * * * * * * 

SEC. 1703. GUAM WORLD WAR II CLAIMS FUND. 

(a) ESTABLISHMENT OF FUND.—The Secretary of the Treasury 

shall establish in the Treasury of the United States a special fund 

(in this title referred to as the ‘‘Claims Fund’’) for the payment of 

claims submitted by compensable Guam victims and survivors of 

compensable Guam decedents in accordance with sections 1704 and 

1705. 

(b) COMPOSITION OF FUND.—The Claims Fund established under 

subsection (a) shall be composed of amounts deposited into the 

Claims Fund under subsection (c) and any other payments made 

available for the payment of claims under this title. 

(c) PAYMENT OF CERTAIN DUTIES, TAXES, AND FEES COLLECTED

FROM GUAM DEPOSITED INTO FUND.— 

(1) IN GENERAL.—Notwithstanding section 30 of the Organic 

Act of Guam (48 U.S.C. 1421h), the excess of— 

(A) any amount of duties, taxes, and fees collected under 

such section after fiscal year 2014, over 

(B) the amount of duties, taxes, and fees collected under 

such section during fiscal year 2014, 

shall be deposited into the Claims Fund. 

(2) APPLICATION.—Paragraph (1) shall not apply after the 

date for which the Secretary of the Treasury determines that 

all payments required to be made under section 1704 have 

been made. 

(d) LIMITATION ON PAYMENTS MADE FROM FUND.— 

(1) IN GENERAL.—No payment may be made in a fiscal year 

under section 1704 until funds are deposited into the Claims 

Fund in such fiscal year under subsection (c). 

(2) AMOUNTS.—For each fiscal year in which funds are deposited into the Claims Fund under subsection (c), the total 

amount of payments made in a fiscal year under section 1704 

may not exceed the amount of funds available in the Claims 

Fund for such fiscal year. 

(e) DEDUCTIONS FROM FUND FOR ADMINISTRATIVE EXPENSES.— The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount øequal to¿ not to exceed 

5 percent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement 

Commission and by the Department of the Treasury in the administration of this title. The amounts so deducted shall be øcovered 

into the Treasury as miscellaneous receipts¿ used to reimburse the 

applicable appropriations. 

SEC. 1704. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. 

(a) PAYMENTS FOR DEATH, PERSONAL INJURY, FORCED LABOR, 

FORCED MARCH, AND INTERNMENT.—After the Secretary of the 

Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under section 

1705(b)(8), the Secretary of the Treasury shall make paymentsø, 

subject to the availably of appropriations,¿ from the Claims Fund 

6 

to compensable Guam victims and survivors of a compensable 

Guam decedents as follows: 

(1) COMPENSABLE GUAM VICTIM.—Before making any payments under paragraph (2), the Secretary shall make payments to compensable Guam victims as follows: 

(A) In the case of a victim who has suffered an injury described in subsection (c)(2)(A), $15,000. 

(B) In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in 

subsection (c)(2)(B), $12,000. 

(C) In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in subsection (c)(2)(C), $10,000. 

(2) SURVIVORS OF COMPENSABLE GUAM DECEDENTS.—In the 

case of a compensable Guam decedent, the Secretary shall pay 

$25,000 for distribution to survivors of the decedent in accordance with subsection (b). The Secretary shall make payments 

under this paragraph only after all payments are made under 

paragraph (1). 

(b) DISTRIBUTION OF SURVIVOR PAYMENTS.—A payment made 

under subsection (a)(2) to the survivors of a compensable Guam decedent shall be distributed as follows: 

(1) In the case of a decedent whose spouse is living as of the 

date of the enactment of this Act, but who had no living children as of such date, the payment shall be made to such 

spouse. 

(2) In the case of a decedent whose spouse is living as of the 

date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall 

be made to the spouse and 50 percent shall be made to such 

children, to be divided among such children to the greatest extent possible into equal shares. 

(3) In the case of a decedent whose spouse is not living as 

of the date of the enactment of this Act and who had one or 

more living children as of such date, the payment shall be 

made to such children, to be divided among such children to 

the greatest extent possible into equal shares. 

(4) In the case of a decedent whose spouse is not living as 

of the date of the enactment of this Act and who had no living 

children as of such date, but who— 

(A) had a parent who is living as of such date, the payment shall be made to the parent; or 

(B) had two parents who are living as of such date, the 

payment shall be divided equally between the parents. 

(5) In the case of a decedent whose spouse is not living as 

of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living 

as of such date, no payment shall be made. 

(c) DEFINITIONS.—For purposes of this title: 

(1) COMPENSABLE GUAM DECEDENT.—The term ‘‘compensable 

Guam decedent’’ means an individual determined under section 1705 to have been a resident of Guam who died 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 

7 

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 such Act. 

(2) COMPENSABLE GUAM VICTIM.—The term ‘‘compensable 

Guam victim’’ means an individual who is not deceased as of 

the date of the enactment of this Act and who is determined 

under section 1705 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, or paralysis). 

(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 PER- SONAL INJURIES.—Not later than 180 days after the date of the 

enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that 

constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph 

(2). 

* * * * * * * 

SEC. 1707. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) GUAM WORLD WAR II CLAIMS PAYMENTS AND ADJUDICA- TION.—For the purposes of carrying out sections 1704 and 1705, 

there is authorized to be appropriated for any fiscal year beginning 

after the date of enactment of this Act, an amount equal to the 

amount deposited into the Claims Fund in a fiscal year under section 1703. Not more than 5 percent of funds make available under 

this subsection shall be used for administrative costs. Amounts appropriated under this section may remain available until expended.¿ 

(b) GUAM WORLD WAR II GRANTS PROGRAM.—For purposes of 

carrying out section 1706, there are authorized to be appropriated 

$5,000,000 for each fiscal year beginning after the date of the enactment of this Act. 

* * * * * * * 

SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

None. 

Æ