II 

111TH CONGRESS 

1ST SESSION H. R. 44 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2009 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

MARCH 5, 2009 

Committee discharged; referred to the Committee on the Judiciary 

AN ACT 

To implement the recommendations of the Guam War Claims 

Review Commission. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Guam World War II Loyalty Recognition Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 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. 6. Authorization of appropriations. 


jbell on PROD1PC69 with BILLS
2 

•HR 44 RCS

1 SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY 

2 OF THE RESIDENTS OF GUAM. 

3 (a) RECOGNITION OF THE SUFFERING OF THE RESI4 DENTS OF GUAM.—The United States recognizes that, as 

5 described by the Guam War Claims Review Commission, 

6 the residents of Guam, on account of their United States 

7 nationality, suffered unspeakable harm as a result of the 

8 occupation of Guam by Imperial Japanese military forces 

9 during World War II, by being subjected to death, rape, 

10 severe personal injury, personal injury, forced labor, 

11 forced march, or internment. 

12 (b) RECOGNITION OF THE LOYALTY OF THE RESI13 DENTS OF GUAM.—The United States forever will be 

14 grateful to the residents of Guam for their steadfast loy15 alty to the United States of America, as demonstrated by 

16 the countless acts of courage they performed despite the 

17 threat of death or great bodily harm they faced at the 

18 hands of the Imperial Japanese military forces that occu19 pied Guam during World War II. 

20 SEC. 3. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. 

21 (a) PAYMENTS FOR DEATH, PERSONAL INJURY, 

22 FORCED LABOR, FORCED MARCH, AND INTERNMENT.— 

23 Subject to section 6(a), after receipt of certification pursu24 ant to section 4(b)(8) and in accordance with the provi25 sions of this Act, the Secretary of the Treasury shall make 

26 payments as follows: 


jbell on PROD1PC69 with BILLS
3 

•HR 44 RCS

1 (1) RESIDENTS INJURED.—The Secretary shall 

2 pay compensable Guam victims who are not de3 ceased before any payments are made to individuals 

4 described in paragraphs (2) and (3) as follows: 

5 (A) If the victim has suffered an injury de6 scribed in subsection (c)(2)(A), $15,000. 

7 (B) If the victim is not described in sub8 paragraph (A) but has suffered an injury de9 scribed in subsection (c)(2)(B), $12,000. 

10 (C) If the victim is not described in sub11 paragraph (A) or (B) but has suffered an in12 jury described in subsection (c)(2)(C), $10,000. 

13 (2) SURVIVORS OF RESIDENTS WHO DIED IN

14 WAR.—In the case of a compensable Guam decedent, 

15 the Secretary shall pay $25,000 for distribution to 

16 eligible survivors of the decedent as specified in sub17 section (b). The Secretary shall make payments 

18 under this paragraph after payments are made 

19 under paragraph (1) and before payments are made 

20 under paragraph (3). 

21 (3) SURVIVORS OF DECEASED INJURED RESI22 DENTS.—In the case of a compensable Guam victim 

23 who is deceased, the Secretary shall pay $7,000 for 

24 distribution to eligible survivors of the victim as 

25 specified in subsection (b). The Secretary shall make 


jbell on PROD1PC69 with BILLS
4 

•HR 44 RCS

1 payments under this paragraph after payments are 

2 made under paragraphs (1) and (2). 

3 (b) DISTRIBUTION OF SURVIVOR PAYMENTS.—Pay4 ments under paragraph (2) or (3) of subsection (a) to eli5 gible survivors of an individual who is a compensable 

6 Guam decedent or a compensable Guam victim who is de7 ceased shall be made as follows: 

8 (1) If there is living a spouse of the individual, 

9 but no child of the individual, all of the payment 

10 shall be made to such spouse. 

11 (2) If there is living a spouse of the individual 

12 and one or more children of the individual, one-half 

13 of the payment shall be made to the spouse and the 

14 other half to the child (or to the children in equal 

15 shares). 

16 (3) If there is no living spouse of the individual, 

17 but there are one or more children of the individual 

18 alive, all of the payment shall be made to such child 

19 (or to such children in equal shares). 

20 (4) If there is no living spouse or child of the 

21 individual but there is a living parent (or parents) 

22 of the individual, all of the payment shall be made 

23 to the parents (or to the parents in equal shares). 

24 (5) If there is no such living spouse, child, or 

25 parent, no payment shall be made. 


jbell on PROD1PC69 with BILLS
5 

•HR 44 RCS

1 (c) DEFINITIONS.—For purposes of this Act: 

2 (1) COMPENSABLE GUAM DECEDENT.—The 

3 term ‘‘compensable Guam decedent’’ means an indi4 vidual determined under section 4(a)(1) to have been 

5 a resident of Guam who died or was killed as a re6 sult of the attack and occupation of Guam by Impe7 rial Japanese military forces during World War II, 

8 or incident to the liberation of Guam by United 

9 States military forces, and whose death would have 

10 been compensable under the Guam Meritorious 

11 Claims Act of 1945 (Public Law 79–224) if a timely 

12 claim had been filed under the terms of such Act. 

13 (2) COMPENSABLE GUAM VICTIM.—The term 

14 ‘‘compensable Guam victim’’ means an individual de15 termined under section 4(a)(1) to have suffered, as 

16 a result of the attack and occupation of Guam by 

17 Imperial Japanese military forces during World War 

18 II, or incident to the liberation of Guam by United 

19 States military forces, any of the following: 

20 (A) Rape or severe personal injury (such 

21 as loss of a limb, dismemberment, or paralysis). 

22 (B) Forced labor or a personal injury not 

23 under subparagraph (A) (such as disfigure24 ment, scarring, or burns). 


jbell on PROD1PC69 with BILLS
6 

•HR 44 RCS

1 (C) Forced march, internment, or hiding 

2 to evade internment. 

3 (3) DEFINITIONS OF SEVERE PERSONAL INJU4 RIES AND PERSONAL INJURIES.—The Foreign 

5 Claims Settlement Commission shall promulgate reg6 ulations to specify injuries that constitute a severe 

7 personal injury or a personal injury for purposes of 

8 subparagraphs (A) and (B), respectively, of para9 graph (2). 

10 SEC. 4. ADJUDICATION. 

11 (a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT

12 COMMISSION.— 

13 (1) IN GENERAL.—The Foreign Claims Settle14 ment Commission is authorized to adjudicate claims 

15 and determine eligibility for payments under section 

16 3. 

17 (2) RULES AND REGULATIONS.—The chairman 

18 of the Foreign Claims Settlement Commission shall 

19 prescribe such rules and regulations as may be nec20 essary to enable it to carry out its functions under 

21 this Act. Such rules and regulations shall be pub22 lished in the Federal Register. 

23 (b) CLAIMS SUBMITTED FOR PAYMENTS.— 

24 (1) SUBMITTAL OF CLAIM.—For purposes of 

25 subsection (a)(1) and subject to paragraph (2), the 


jbell on PROD1PC69 with BILLS
7 

•HR 44 RCS

1 Foreign Claims Settlement Commission may not de2 termine an individual is eligible for a payment under 

3 section 3 unless the individual submits to the Com4 mission a claim in such manner and form and con5 taining such information as the Commission speci6 fies. 

7 (2) FILING PERIOD FOR CLAIMS AND NOTICE.— 

8 All claims for a payment under section 3 shall be 

9 filed within one year after the Foreign Claims Set10 tlement Commission publishes public notice of the 

11 filing period in the Federal Register. The Foreign 

12 Claims Settlement Commission shall provide for the 

13 notice required under the previous sentence not later 

14 than 180 days after the date of the enactment of 

15 this Act. In addition, the Commission shall cause to 

16 be publicized the public notice of the deadline for fil17 ing claims in newspaper, radio, and television media 

18 on Guam. 

19 (3) ADJUDICATORY DECISIONS.—The decision 

20 of the Foreign Claims Settlement Commission on 

21 each claim shall be by majority vote, shall be in writ22 ing, and shall state the reasons for the approval or 

23 denial of the claim. If approved, the decision shall 

24 also state the amount of the payment awarded and 

25 the distribution, if any, to be made of the payment. 


jbell on PROD1PC69 with BILLS
8 

•HR 44 RCS

1 (4) DEDUCTIONS IN PAYMENT.—The Foreign 

2 Claims Settlement Commission shall deduct, from 

3 potential payments, amounts previously paid under 

4 the Guam Meritorious Claims Act of 1945 (Public 

5 Law 79–224). 

6 (5) INTEREST.—No interest shall be paid on 

7 payments awarded by the Foreign Claims Settlement 

8 Commission. 

9 (6) REMUNERATION PROHIBITED.—No remu10 neration on account of representational services ren11 dered on behalf of any claimant in connection with 

12 any claim filed with the Foreign Claims Settlement 

13 Commission under this Act shall exceed one percent 

14 of the total amount paid pursuant to any payment 

15 certified under the provisions of this Act on account 

16 of such claim. Any agreement to the contrary shall 

17 be unlawful and void. Whoever demands or receives, 

18 on account of services so rendered, any remunera19 tion in excess of the maximum permitted by this sec20 tion shall be fined not more than $5,000 or impris21 oned not more than 12 months, or both. 

22 (7) APPEALS AND FINALITY.—Objections and 

23 appeals of decisions of the Foreign Claims Settle24 ment Commission shall be to the Commission, and 

25 upon rehearing, the decision in each claim shall be 


jbell on PROD1PC69 with BILLS
9 

•HR 44 RCS

1 final, and not subject to further review by any court 

2 or agency. 

3 (8) CERTIFICATIONS FOR PAYMENT.—After a 

4 decision approving a claim becomes final, the chair5 man of the Foreign Claims Settlement Commission 

6 shall certify it to the Secretary of the Treasury for 

7 authorization of a payment under section 3. 

8 (9) TREATMENT OF AFFIDAVITS.—For pur9 poses of section 3 and subject to paragraph (2), the 

10 Foreign Claims Settlement Commission shall treat a 

11 claim that is accompanied by an affidavit of an indi12 vidual that attests to all of the material facts re13 quired for establishing eligibility of such individual 

14 for payment under such section as establishing a 

15 prima facie case of the individual’s eligibility for 

16 such payment without the need for further docu17 mentation, except as the Commission may otherwise 

18 require. Such material facts shall include, with re19 spect to a claim under paragraph (2) or (3) of sec20 tion 3(a), a detailed description of the injury or 

21 other circumstance supporting the claim involved, in22 cluding the level of payment sought. 

23 (10) RELEASE OF RELATED CLAIMS.—Accept24 ance of payment under section 3 by an individual for 

25 a claim related to a compensable Guam decedent or 


jbell on PROD1PC69 with BILLS
10 

•HR 44 RCS

1 a compensable Guam victim shall be in full satisfac2 tion of all claims related to such decedent or victim, 

3 respectively, arising under the Guam Meritorious 

4 Claims Act of 1945 (Public Law 79–224), the imple5 menting regulations issued by the United States 

6 Navy pursuant thereto, or this Act. 

7 (11) PENALTY FOR FALSE CLAIMS.—The provi8 sions of section 1001 of title 18 of the United States 

9 Code (relating to criminal penalties for false state10 ments) apply to claims submitted under this sub11 section. 

12 SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPA13 TION OF GUAM DURING WORLD WAR II. 

14 (a) ESTABLISHMENT.—Subject to section 6(b) and in 

15 accordance with this section, the Secretary of the Interior 

16 shall establish a grants program under which the Sec17 retary shall award grants for research, educational, and 

18 media activities that memorialize the events surrounding 

19 the occupation of Guam during World War II, honor the 

20 loyalty of the people of Guam during such occupation, or 

21 both, for purposes of appropriately illuminating and inter22 preting the causes and circumstances of such occupation 

23 and other similar occupations during a war. 

24 (b) ELIGIBILITY.—The Secretary of the Interior may 

25 not award to a person a grant under subsection (a) unless 


jbell on PROD1PC69 with BILLS
11 

•HR 44 RCS

1 such person submits an application to the Secretary for 

2 such grant, in such time, manner, and form and con3 taining such information as the Secretary specifies. 

4 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) GUAM WORLD WAR II CLAIMS PAYMENTS AND

6 ADJUDICATION.—For purposes of carrying out sections 3 

7 and 4, there are authorized to be appropriated 

8 $126,000,000, to remain available for obligation until Sep9 tember 30, 2013, to the Foreign Claims Settlement Com10 mission. Not more than 5 percent of funds made available 

11 under this subsection shall be used for administrative 

12 costs. 

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

14 purposes of carrying out section 5, there are authorized 

15 to be appropriated $5,000,000, to remain available for ob16 ligation until September 30, 2013. 

Passed the House of Representatives February 23, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jbell on PROD1PC69 with BILLS