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[House Report 109-437]
[From the U.S. Government Publishing Office]

109th Congress                                            Rept. 109-437
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================

 
               GUAM WORLD WAR II LOYALTY RECOGNITION ACT

                                _______
                                

  June 9, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1595]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 1595) to implement the recommendations of the Guam War 
Claims Review Commission, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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. 2. Recognition of the suffering and loyalty of the residents of 
Guam
Sec. 3. Payments for Guam World War II claims
Sec. 4. Adjudication
Sec. 5. Grants program to memorialize the occupation of Guam during 
World War II

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.--After receipt of certification pursuant to section 
4(b)(8) and in accordance with this section, the Secretary of the 
Treasury shall make the following payments:
          (1) Survivors of residents who died in war.--In the case of a 
        compensable Guam decedent (as defined in subsection (c)(1)), 
        the Secretary shall pay $25,000 for distribution to eligible 
        survivors of the decedent as specified in subsection (b).
          (2) Residents injured.--In the case of a compensable Guam 
        victim who is not deceased, the Secretary shall pay such victim 
        the following:
                  (A) If the victim has suffered an injury described in 
                subsection (c)(2)(A), $15,000.
                  (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.
          (3) Survivors of deceased injured residents.--In the case of 
        a compensable Guam victim who is deceased, the Secretary shall 
        pay $7,000 for distribution to eligible survivors of the victim 
        as specified in subsection (b).
Payments under this section shall be treated for purposes of section 
1304(a) of title 31, United States Code, as an award otherwise 
authorized as law.
  (b) Distribution of Survivor Payments.--Payments under paragraph (1) 
or (3) of subsection (a) to eligible survivors of an individual who is 
a compensable Guam decedent or a compensable Guam victim who is 
deceased 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 parents (or to the 
        parents in equal shares).
          (5) If there is no such living spouse, child, or parent, no 
        payment shall be made.
  (c) Definitions.--For purposes of this Act:
          (1) Compensable guam decedent.--The term ``compensable Guam 
        decedent'' means an individual determined under section 4(a)(1) 
        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 such Act.
          (2) Compensable guam victim.--The term ``compensable Guam 
        victim'' means an individual determined under section 4(a)(1) 
        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 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 Act. 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. 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 Act shall exceed one percent 
        of the total amount paid pursuant to any payment 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 
        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 section 3.
          (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 Act.
          (11) Penalty for false claims.--The provisions of section 
        1001 of title 18 of the United States Code (relating to 
        criminal penalties for false statements) apply to claims 
        submitted under this subsection.

SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING 
                    WORLD WAR II.

  (a) Establishment.--Subject to subsection (c) 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 a 
war.
  (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.
  (c) Authorization for Appropriations.--There are authorized to be 
appropriated $5,000,000, to remain available for obligation until 
September 30, 2011, to carry out the grant program under this section. 
In addition, the Secretary of the Interior may use unobligated funds 
made available to the Secretary that may be used for such purpose to 
carry out this section.

                          PURPOSE AND SUMMARY

    H.R. 1595, the ``Guam World War II Loyalty Recognition 
Act,'' as reported by the Resources Committee, authorizes the 
United States Foreign Claims Settlement Commission (FCSC) to 
set up a process to pay claims for death or injury during the 
World War II Japanese occupation of Guam.\1\ Under this 
legislation, claims will be paid for death, personal injury, 
rape, forced labor, forced marching, and internment with the 
payments derived from the Judgement Fund (31 U.S.C. Sec. 1304). 
A second category of personal injury claims allows survivor 
claimants, when the original claimant is deceased, to receive 
$7,000 regardless of the severity of injury.
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    \1\ See H.R. Rep. No. 109-437.
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                BACKGROUND AND NEED FOR THE LEGISLATION

    On December 8, 1941, Japan seized control of Guam from the 
United States. On July 21, 1944, the United States liberated 
Guam. On April 23, 1945, Congress passed the Guam Meritorious 
Claims Act forming the Land and Claims Commission. As part of 
its duties, the Commission reviewed and processed war claims by 
Guam residents for loss and damage to real and personal 
property and, in particular, for personal injury and death 
claims. On December 16, 2002, the Guam War Claims Review 
Commission Act was signed into law establishing the Guam War 
Claims Review Commission.\2\ This commission concluded that the 
residents of Guam were inequitably treated under the Guam 
Meritorious Claims Act of 1945 as well as other Federal 
programs created to address World War II personal injury claims 
of American citizens and nationals. The Review Commission's 
final report included a recommendation that Congress enact 
legislation to provide additional compensation to the residents 
of Guam who were killed or harmed and their survivors.
---------------------------------------------------------------------------
    \2\ Pub. L. No. 107-333.
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    Under the recommended program, survivors of each resident 
of Guam who died or was killed as a result of the attack and 
occupation of Guam by Japan during World War II or incident to 
the liberation of Guam by the United States and was compensable 
under the Guam Meritorious Claims Act of 1945 would receive a 
payment of $25,000. If a victim who was personally injured as a 
result of the attack and occupation of Guam by Japan during 
World War II or incident to the liberation of Guam by the U.S. 
and was compensable under the Guam Meritorious Claims Act of 
1945, suffered rape or severe personal injury (such as a loss 
of limb, dismemberment, or paralysis), they would be eligible 
to receive $15,000. If the victim suffered forced labor or a 
personal injury such as disfigurement, scarring or burns, they 
would be eligible to receive $12,000. Victims who suffered 
forced marching, internment, or hiding to evade internment 
would receive $10,000.
    In the case of a survivor of a victim of personal injury, 
forced labor, forced marching, internment or hiding to evade 
internment, or a survivor, the payment would be $7,000. In the 
case of survivors, payments will be made first to the spouse, 
if there are no children. If there are surviving children and a 
spouse, then the spouse would receive half of the payment and 
the children would receive the remaining half of the payment. 
If there is no living spouse, then the surviving children would 
receive the payment. If there is no living spouse or child, 
then any surviving parents would receive the payment. No claim 
would be paid to any other survivor if there is no surviving 
spouse, child, or parent. Any payments received under this 
program would be reduced by any amounts previously paid to the 
claimant under the Guam Meritorious Claims Act of 1945.

                        COMMITTEE CONSIDERATION

    On June 7, 2006, the Committee met in open session and 
ordered favorably reported the bill H.R. 1595 with an amendment 
by voice vote, a quorum being present.

                         VOTE OF THE COMMITTEE

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the committee consideration of 
H.R. 1595.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives the new budgetary authority is 
reflected in the Congressional Budget Office Cost Estimate 
submitted in the subsequent portion of this committee report.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1595, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                                      June 9, 2006.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1595, 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,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 1595--Guam World War II Loyalty Recognition Act

    Summary: H.R. 1595 would require the Federal Government to 
compensate Guam residents for their treatment during the 
island's occupation by Japanese military forces during World 
War II. The legislation also would authorize the appropriation 
of $5 million for a grant program to memorialize the occupation 
of Guam during World War II.
    CBO estimates that enacting this legislation would increase 
direct spending by about $180 million over the 2007-2009 period 
to make war-claim compensation payments. In addition, we 
estimate that implementing the bill would cost $3 million in 
2007 and $8 million over the 2007-2011 period, assuming 
appropriation of the necessary amounts.
    H.R. 1595 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    H.R. 1595 contains a private-sector mandate, as defined in 
UMRA, on individuals seeking to represent certain claimants who 
are eligible to receive money from the Foreign Claims 
Settlement Commission. The bill would limit the amount of 
compensation individuals can receive to represent claimants who 
file for claims with the Foreign Claims Settlement Commission 
under this bill. CBO estimates, however, that there would be no 
cost to comply with the mandate.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1595 is shown in the following table. 
The costs of this legislation fall within budget function 800 
(general government).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
                       CHANGES IN DIRECT SPENDING

Guam War-Claim Compensation
 Payments:
    Estimated Budget Authority..     120      60       0       0       0
    Estimated Outlays...........     100      68      12       0       0

              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Foreign Claims Settlement
 Commission:
    Estimated Authorization            2       1       0       0       0
     Level......................

    Estimated Outlays...........       2       1       0       0       0
Grant Program:
    Authorization Level.........       5       0       0       0       0
    Estimated Outlays...........       1       1       1       1       1
    Total Changes:
        Estimated Authorization        7       1       0       0       0
         Level..................
        Estimated Outlays.......       3       2       1       1       1
------------------------------------------------------------------------

    Basis of Estimate: For this estimate, CBO assumes that the 
bill will be enacted at the end of fiscal year 2006, that the 
necessary amounts will be provided each year, and that spending 
will follow historical patterns for similar programs.

Direct spending

    H.R. 1595 would authorize the Treasury to make payments to 
the residents of Guam for deaths and injuries suffered during 
Japanese occupation of the island in World War II. The Foreign 
Claims Settlement Commission (FCSC), an agency within the 
Department of Justice, would adjudicate such claims. Under the 
bill, claimants would have one year to file with the FCSC. H.R. 
1595 specifies war-claim compensation payments of $25,000 to 
survivors of those who died during the war, $15,000 for 
survivors who were raped or severely injured, $12,000 for those 
who were forced into labor and suffered personal injury, and 
$10,000 for survivors of a forced march or internment. Heirs of 
deceased occupation survivors, including a spouse, child, or 
parent, would be entitled to a payment of $7,000. In addition, 
before making such payments, the FCSC would deduct amounts 
previously paid under the Guam Meritorious Claims Act of 1945 
(Guam Act). Using information from the Guam War Claims Review 
Commission and the Foreign Claims Settlement Commission, CBO 
estimates that about $10 million was previously paid under the 
Guam Act.
    Guam Population During Occupation. Based on census data 
from 1940, CBO estimates that approximately 22,000 Guamanians 
were living on the island when it was seized and occupied by 
Japanese forces on December 10, 1941. The Guam War Claims 
Review Commission reported that, during the 32-month 
occupation, virtually the entire population was either 
interned, in hiding to avoid capture, or subjected to forced 
march at one time or another while under Japanese occupation 
during World War II. Thus, for this estimate, we assume all 
Guamanians enumerated in the 1940 census would be eligible for 
war-claims compensation payments under H.R. 1595.
    Death Benefit Payments. Using information from the Guam War 
Claims Commission, it is generally accepted that approximately 
1,000 Guamanians died during the war before the island was 
declared secure and liberated by U.S. forces on August 10, 
1944. H.R. 1595 would provide a $25,000 war-claim compensation 
death payment to survivors of those Guamanians who perished 
during the occupation. The number of possible survivors and 
claimants is unknown. Using information from the National 
Center of Health Statistics regarding survival probabilities, 
however, CBO estimates that there are approximately 700 
survivors of the 1,000 Guamanians who died during the Japanese 
occupation. Under that assumption, war-claim compensation death 
payments would cost about $18 million. (If all Guamanians who 
perished during the occupation were to have survivors who 
claimed the $25,000 payment, the costs could reach $25 
million.)
    Other Benefit Payments. In addition, CBO estimates that all 
surviving Guamanians (around 21,000) who were located on the 
island during the occupation would be eligible for payments of 
$10,000 to $15,000 (depending upon the level of injury). Heirs 
of those individuals could receive a payment of $7,000. There 
is no information to determine the number of surviving 
Guamanians from the time of the Japanese occupation, their 
level of injury, or the number of heirs of such individuals. 
Using information from the National Center for Health 
Statistics concerning survival probabilities, CBO estimates 
that there are 7,000 survivors of the occupation and about 
12,000 heirs that would be eligible for payment. Using an 
average payment of $12,500 for survivors and $7,000 for heirs, 
CBO estimates that payments to those survivors and heirs would 
cost about $170 million. (If all Guamanian survivors and heirs 
claimed an average payment of $11,000, the costs could reach 
$231 million.)
    Total Benefit Payments. Using CBO's estimated claim 
payments amounts under H.R. 1595 and accounting for the nominal 
value of the previous war-claim payments of about$10 million, 
CBO estimates that providing additional war-claims compensation under 
H.R. 1595 would cost about $180 million. We expect that those payments 
would be made over the 2007-2009 period because of the time required to 
file, adjudicate, and process claims payments.

Spending subject to appropriation

    CBO estimates that implementing H.R. 1595 would cost $8 
million over the 2007-2011 period, assuming appropriation of 
the estimated amounts.
    Foreign Claims Settlement Commission. Section 4 would 
require the FCSC to determine claim eligibility and payment 
amounts. In addition to promulgating rules and regulations, 
FCSC would be required to publicize the program. Based on 
information from FCSC, CBO estimates that additional staffing 
and administrative costs as well as a media campaign in Guam 
would cost $3 million over the 2007-2008 period.
    Grant Program. Section 5 would authorize the appropriation 
of $5 million for the Department of the Interior to establish a 
grant program to support activities in memory of Guam's 
occupation during World War II. Assuming the appropriation of 
the authorized amount, CBO estimates that implementing this 
provision would cost $5 million over the 2007-2011 period.
    Estimated impact on state, local, and tribal governments: 
H.R. 1595 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated impact on the private sector: H.R. 1595 contains 
a private-sector mandate as defined in UMRA. The bill would 
limit the fees payable to attorneys or other individuals 
seeking to represent claimants who are eligible to receive 
money from the Foreign Claims Settlement Commission under this 
bill. Specifically, section 4(b)6 would limit fees for 
representational services to not more than 1 percent of the 
amount that the claimant is paid. The limitation on 
representational fees is a private-sector mandate as defined in 
UMRA. Because the claimants in this program would be a new 
source of business generated under the bill, representatives 
would not lose fees that they could have collected in the 
absence of the bill. CBO therefore estimates that the cost to 
comply with the mandate would be zero--clearly well below the 
annual threshold established by UMRA ($128 million in 2006, 
adjusted annually for inflation).
    Previous CBO estimate: On February 3, 2006, CBO transmitted 
a cost estimate for H.R. 1595, as ordered reported by the House 
Committee on Resources on November 16, 2005. The two versions 
of the legislation are identical and the estimated costs over 
five years are the same. (The previous cost estimate assumed 
enactment in 2006. We now assume spending would start in 2007.)
    Estimate prepared by: Federal Costs: Matthew Pickford and 
Kathy Ruffing. Impact on State, Local, and Tribal Governments: 
Marjorie Miller. Impact on the Private Sector: Fatimot Ladipo.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    PERFORMANCE GOALS AND OBJECTIVES

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1595 is intended to authorize the United States Foreign Claims 
Settlement Commission to set up a claims process to pay Guam 
claims for death or injury during the World War II Japanese 
occupation of Guam.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in art. I, Sec. 8 of the Constitution.

               SECTION-BY-SECTION ANALYSIS AND DISCUSSION

    The following discussion describes the bill as reported by 
the Committee.

Section 1. Short title; table of contents

    Section 1 provides title of the bill and section headings 
of legislation.

Section 2. Recognition of the suffering and loyalty of the residents of 
        Guam

    Section 2 makes two statements recognizing the suffering 
and hardships faced by the people of Guam during Japanese 
occupation while also noting the loyalty of the residents of 
Guam who endured while facing hardship.

Section 3. Payments for Guam World War II claims

    Subsection (a) delineates the amounts that claimants may be 
awarded, including heirs, at levels of $25,000, $15,000, 
$12,000, $10,000, and $7,000. Payments of claims are made from 
the judgment fund at the Department of Treasury.
    Subsection (b) describes the order in which survivors of 
deceased residents from the Japanese occupation are entitled to 
payments. This approach to delineating the payments to 
survivors is based in existing war claims law. Successor claims 
have been allowed under the War Claims Act of 1948, Wake Island 
Amendment of 1962, War Claims Act of 1954, and the Micronesian 
Claims Act of 1971. Under these Acts, potential claimants have 
been limited to parents, a spouse, or children.
    Subsection (c) defines the various levels of payments that 
apply to varying degrees of loss or suffering, which includes 
rape, forced labor, and internment. The concept of including 
``internment'' as a category for awards is based on both the 
War Claims Act of 1948 and the Wake Island Amendment of 1962, 
which authorized compensation for internment of civilians by 
Japanese military forces during World War II.

Section 4. Adjudication

    Subsection (a) specifically sets out the authority of the 
Foreign Claims Settlement Commission at the Department of 
Justice to handle the war claims. The rules and regulations of 
the Settlement Commission relating to its work will be 
available publicly. The work of the Settlement Commission will 
be crucial to properly notifying potential claimants as well as 
efficiently adjudicating the claims.
    Subsection (b) delineates the modalities for the payment of 
claims under the legislation. These include: the filing period; 
the deductions in payment as it relates to Pub. L. No. 79-224; 
the appeals process; the certification of payment process; and 
penalties for false claims submitted.

Section 5. Grants program to memorialize the occupation of Guam during 
        World War II

    Section 5 establishes a grant program for research, 
educational and media activities that relate to properly 
interpreting the causes and circumstances of the Japanese 
military occupation of Guam. The Secretary of the Interior is 
provided the authority to award the grants, which are 
authorized to be appropriated at $5 million over five years.

            CHANGES IN EXISTING LAW BY THE BILL, AS REPORTED

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, if enacted, this legislation 
would make no changes to existing law.

                                  
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