I 

111TH CONGRESS 

1ST SESSION H. R. 44 

To implement the recommendations of the Guam War Claims Review 

Commission. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Ms. BORDALLO (for herself, Mr. HOYER, Mr. RAHALL, Mrs. CHRISTENSEN, 

Mr. SABLAN, Mr. YOUNG of Alaska, Mr. CONYERS, Mr. SENSENBRENNER, Mr. FALEOMAVAEGA, Ms. ROS-LEHTINEN, Mr. CLYBURN, Mr. 

LARSON of Connecticut, Mr. BECERRA, Mr. HONDA, Mr. SKELTON, Mr. 

DINGELL, Mr. GEORGE MILLER of California, Mr. WAXMAN, Mr. KILDEE, Mr. BURTON of Indiana, Ms. KAPTUR, Mr. LEVIN, Mr. ORTIZ, Mr. 

COSTELLO, Mr. LEWIS of Georgia, Mr. ABERCROMBIE, Mrs. LOWEY, Mr. 

PALLONE, Mr. SERRANO, Mr. ANDREWS, Ms. DELAURO, Ms. NORTON, 

Mr. BARTLETT, Mr. BISHOP of Georgia, Ms. ESHOO, Mr. FARR, Mr. FILNER, Mr. HASTINGS of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, 

Mr. NADLER of New York, Mr. SCOTT of Virginia, Mr. THOMPSON of 

Mississippi, Ms. WOOLSEY, Mr. CUMMINGS, Ms. HARMAN, Ms. JACKSONLEE of Texas, Mr. JONES, Ms. ZOE LOFGREN of California, Mrs. CAPPS, 

Mr. HINOJOSA, Ms. KILPATRICK of Michigan, Ms. LEE of California, 

Mrs. MCCARTHY of New York, Mr. MCINTYRE, Mr. PASCRELL, Ms. LORETTA SANCHEZ of California, Mrs. TAUSCHER, Mr. BACA, Ms. BALDWIN, Ms. BERKLEY, Mr. MOORE of Kansas, Mrs. NAPOLITANO, Mr. WU, 

Mr. ISRAEL, Mr. LANGEVIN, Mr. REHBERG, Ms. SOLIS of California, Ms. 

WATSON, Mr. WILSON of South Carolina, Mr. ALEXANDER, Mr. 

BUTTERFIELD, Mr. CARDOZA, Mr. GRIJALVA, Mr. MICHAUD, Mr. SCOTT

of Georgia, Mr. CUELLAR, Ms. CLARKE, Mrs. GILLIBRAND, Mr. AL

GREEN of Texas, Mr. HARE, Ms. HIRONO, Mr. LOEBSACK, Mr. MURPHY

of Connecticut, and Ms. RICHARDSON) introduced the following bill; 

which was referred to the Committee on Natural Resources 


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A BILL 

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. 

8 SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY 

9 OF THE RESIDENTS OF GUAM. 

10 (a) RECOGNITION OF THE SUFFERING OF THE RESI11 DENTS OF GUAM.—The United States recognizes that, as 

12 described by the Guam War Claims Review Commission, 

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

14 nationality, suffered unspeakable harm as a result of the 

15 occupation of Guam by Imperial Japanese military forces 

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

17 severe personal injury, personal injury, forced labor, 

18 forced march, or internment. 


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1 (b) RECOGNITION OF THE LOYALTY OF THE RESI2 DENTS OF GUAM.—The United States forever will be 

3 grateful to the residents of Guam for their steadfast loy4 alty to the United States of America, as demonstrated by 

5 the countless acts of courage they performed despite the 

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

7 hands of the Imperial Japanese military forces that occu8 pied Guam during World War II. 

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

10 (a) PAYMENTS FOR DEATH, PERSONAL INJURY, 

11 FORCED LABOR, FORCED MARCH, AND INTERNMENT.— 

12 Subject to section 6(a), after receipt of certification pursu13 ant to section 4(b)(8) and in accordance with the provi14 sions of this Act, the Secretary of the Treasury shall make 

15 payments as follows: 

16 (1) RESIDENTS INJURED.—The Secretary shall 

17 pay compensable Guam victims who are not de18 ceased before any payments are made to individuals 

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

20 (A) If the victim has suffered an injury de21 scribed in subsection (c)(2)(A), $15,000. 

22 (B) If the victim is not described in sub23 paragraph (A) but has suffered an injury de24 scribed in subsection (c)(2)(B), $12,000. 


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1 (C) If the victim is not described in sub2 paragraph (A) or (B) but has suffered an in3 jury described in subsection (c)(2)(C), $10,000. 

4 (2) SURVIVORS OF RESIDENTS WHO DIED IN

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

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

7 eligible survivors of the decedent as specified in sub8 section (b). The Secretary shall make payments 

9 under this paragraph after payments are made 

10 under paragraph (1) and before payments are made 

11 under paragraph (3). 

12 (3) SURVIVORS OF DECEASED INJURED RESI13 DENTS.—In the case of a compensable Guam victim 

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

15 distribution to eligible survivors of the victim as 

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

17 payments under this paragraph after payments are 

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

19 (b) DISTRIBUTION OF SURVIVOR PAYMENTS.—Pay20 ments under paragraph (2) or (3) of subsection (a) to eli21 gible survivors of an individual who is a compensable 

22 Guam decedent or a compensable Guam victim who is de23 ceased shall be made as follows: 


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

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

3 shall be made to such spouse. 

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

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

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

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

8 shares). 

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

10 but there are one or more children of the individual 

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

12 (or to such children in equal shares). 

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

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

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

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

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

18 parent, no payment shall be made. 

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

20 (1) COMPENSABLE GUAM DECEDENT.—The 

21 term ‘‘compensable Guam decedent’’ means an indi22 vidual determined under section 4(a)(1) to have been 

23 a resident of Guam who died or was killed as a re24 sult of the attack and occupation of Guam by Impe25 rial Japanese military forces during World War II, 


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1 or incident to the liberation of Guam by United 

2 States military forces, and whose death would have 

3 been compensable under the Guam Meritorious 

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

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

6 (2) COMPENSABLE GUAM VICTIM.—The term 

7 ‘‘compensable Guam victim’’ means an individual de8 termined under section 4(a)(1) to have suffered, as 

9 a result of the attack and occupation of Guam by 

10 Imperial Japanese military forces during World War 

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

12 States military forces, any of the following: 

13 (A) Rape or severe personal injury (such 

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

15 (B) Forced labor or a personal injury not 

16 under subparagraph (A) (such as disfigure17 ment, scarring, or burns). 

18 (C) Forced march, internment, or hiding 

19 to evade internment. 

20 (3) DEFINITIONS OF SEVERE PERSONAL INJU21 RIES AND PERSONAL INJURIES.—The Foreign 

22 Claims Settlement Commission shall promulgate reg23 ulations to specify injuries that constitute a severe 

24 personal injury or a personal injury for purposes of 


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1 subparagraphs (A) and (B), respectively, of para2 graph (2). 

3 SEC. 4. ADJUDICATION. 

4 (a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT

5 COMMISSION.— 

6 (1) IN GENERAL.—The Foreign Claims Settle7 ment Commission is authorized to adjudicate claims 

8 and determine eligibility for payments under section 

9 3. 

10 (2) RULES AND REGULATIONS.—The chairman 

11 of the Foreign Claims Settlement Commission shall 

12 prescribe such rules and regulations as may be nec13 essary to enable it to carry out its functions under 

14 this Act. Such rules and regulations shall be pub15 lished in the Federal Register. 

16 (b) CLAIMS SUBMITTED FOR PAYMENTS.— 

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

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

19 Foreign Claims Settlement Commission may not de20 termine an individual is eligible for a payment under 

21 section 3 unless the individual submits to the Com22 mission a claim in such manner and form and con23 taining such information as the Commission speci24 fies. 


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

2 All claims for a payment under section 3 shall be 

3 filed within one year after the Foreign Claims Set4 tlement Commission publishes public notice of the 

5 filing period in the Federal Register. The Foreign 

6 Claims Settlement Commission shall provide for the 

7 notice required under the previous sentence not later 

8 than 180 days after the date of the enactment of 

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

10 be publicized the public notice of the deadline for fil11 ing claims in newspaper, radio, and television media 

12 on Guam. 

13 (3) ADJUDICATORY DECISIONS.—The decision 

14 of the Foreign Claims Settlement Commission on 

15 each claim shall be by majority vote, shall be in writ16 ing, and shall state the reasons for the approval or 

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

18 also state the amount of the payment awarded and 

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

20 (4) DEDUCTIONS IN PAYMENT.—The Foreign 

21 Claims Settlement Commission shall deduct, from 

22 potential payments, amounts previously paid under 

23 the Guam Meritorious Claims Act of 1945 (Public 

24 Law 79–224). 


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

2 payments awarded by the Foreign Claims Settlement 

3 Commission. 

4 (6) REMUNERATION PROHIBITED.—No remu5 neration on account of representational services ren6 dered on behalf of any claimant in connection with 

7 any claim filed with the Foreign Claims Settlement 

8 Commission under this Act shall exceed one percent 

9 of the total amount paid pursuant to any payment 

10 certified under the provisions of this Act on account 

11 of such claim. Any agreement to the contrary shall 

12 be unlawful and void. Whoever demands or receives, 

13 on account of services so rendered, any remunera14 tion in excess of the maximum permitted by this sec15 tion shall be fined not more than $5,000 or impris16 oned not more than 12 months, or both. 

17 (7) APPEALS AND FINALITY.—Objections and 

18 appeals of decisions of the Foreign Claims Settle19 ment Commission shall be to the Commission, and 

20 upon rehearing, the decision in each claim shall be 

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

22 or agency. 

23 (8) CERTIFICATIONS FOR PAYMENT.—After a 

24 decision approving a claim becomes final, the chair25 man of the Foreign Claims Settlement Commission 


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1 shall certify it to the Secretary of the Treasury for 

2 authorization of a payment under section 3. 

3 (9) TREATMENT OF AFFIDAVITS.—For pur4 poses of section 3 and subject to paragraph (2), the 

5 Foreign Claims Settlement Commission shall treat a 

6 claim that is accompanied by an affidavit of an indi7 vidual that attests to all of the material facts re8 quired for establishing eligibility of such individual 

9 for payment under such section as establishing a 

10 prima facie case of the individual’s eligibility for 

11 such payment without the need for further docu12 mentation, except as the Commission may otherwise 

13 require. Such material facts shall include, with re14 spect to a claim under paragraph (2) or (3) of sec15 tion 3(a), a detailed description of the injury or 

16 other circumstance supporting the claim involved, in17 cluding the level of payment sought. 

18 (10) RELEASE OF RELATED CLAIMS.—Accept19 ance of payment under section 3 by an individual for 

20 a claim related to a compensable Guam decedent or 

21 a compensable Guam victim shall be in full satisfac22 tion of all claims related to such decedent or victim, 

23 respectively, arising under the Guam Meritorious 

24 Claims Act of 1945 (Public Law 79–224), the impleVerDate Nov 24 2008 04:57 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H44.IH H44

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1 menting regulations issued by the United States 

2 Navy pursuant thereto, or this Act. 

3 (11) PENALTY FOR FALSE CLAIMS.—The provi4 sions of section 1001 of title 18 of the United States 

5 Code (relating to criminal penalties for false state6 ments) apply to claims submitted under this sub7 section. 

8 SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPA9 TION OF GUAM DURING WORLD WAR II. 

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

11 accordance with this section, the Secretary of the Interior 

12 shall establish a grants program under which the Sec13 retary shall award grants for research, educational, and 

14 media activities that memorialize the events surrounding 

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

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

17 both, for purposes of appropriately illuminating and inter18 preting the causes and circumstances of such occupation 

19 and other similar occupations during a war. 

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

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

22 such person submits an application to the Secretary for 

23 such grant, in such time, manner, and form and con24 taining such information as the Secretary specifies. 


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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) GUAM WORLD WAR II CLAIMS PAYMENTS AND

3 ADJUDICATION.—For purposes of carrying out sections 3 

4 and 4, there are authorized to be appropriated 

5 $126,000,000, to remain available for obligation until Sep6 tember 30, 2013, to the Foreign Claims Settlement Com7 mission. Not more than 5 percent of funds made available 

8 under this subsection shall be used for administrative 

9 costs. 

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

11 purposes of carrying out section 5, there are authorized 

12 to be appropriated $5,000,000, to remain available for ob13 ligation until September 30, 2013. 

Æ 


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