IIB 

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 

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, 


wwoods2 on PRODPC68 with BILLS
2 

HR 44 RFS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 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. 

6 SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY 

7 OF THE RESIDENTS OF GUAM. 

8 (a) RECOGNITION OF THE SUFFERING OF THE RESI9 DENTS OF GUAM.—The United States recognizes that, as 

10 described by the Guam War Claims Review Commission, 

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

12 nationality, suffered unspeakable harm as a result of the 

13 occupation of Guam by Imperial Japanese military forces 

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

15 severe personal injury, personal injury, forced labor, 

16 forced march, or internment. 

17 (b) RECOGNITION OF THE LOYALTY OF THE RESI18 DENTS OF GUAM.—The United States forever will be 

19 grateful to the residents of Guam for their steadfast loy20 alty to the United States of America, as demonstrated by 

21 the countless acts of courage they performed despite the 

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


wwoods2 on PRODPC68 with BILLS
3 

HR 44 RFS

1 hands of the Imperial Japanese military forces that occu2 pied Guam during World War II. 

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

4 (a) PAYMENTS FOR DEATH, PERSONAL INJURY, 

5 FORCED LABOR, FORCED MARCH, AND INTERNMENT.— 

6 Subject to section 6(a), after receipt of certification pursu7 ant to section 4(b)(8) and in accordance with the provi8 sions of this Act, the Secretary of the Treasury shall make 

9 payments as follows: 

10 (1) RESIDENTS INJURED.—The Secretary shall 

11 pay compensable Guam victims who are not de12 ceased before any payments are made to individuals 

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

14 (A) If the victim has suffered an injury de15 scribed in subsection (c)(2)(A), $15,000. 

16 (B) If the victim is not described in sub17 paragraph (A) but has suffered an injury de18 scribed in subsection (c)(2)(B), $12,000. 

19 (C) If the victim is not described in sub20 paragraph (A) or (B) but has suffered an in21 jury described in subsection (c)(2)(C), $10,000. 

22 (2) SURVIVORS OF RESIDENTS WHO DIED IN

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

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

25 eligible survivors of the decedent as specified in subVerDate Nov 24 2008 01:40 Feb 25, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H44.RFS H44

wwoods2 on PRODPC68 with BILLS
4 

HR 44 RFS

1 section (b). The Secretary shall make payments 

2 under this paragraph after payments are made 

3 under paragraph (1) and before payments are made 

4 under paragraph (3). 

5 (3) SURVIVORS OF DECEASED INJURED RESI6 DENTS.—In the case of a compensable Guam victim 

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

8 distribution to eligible survivors of the victim as 

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

10 payments under this paragraph after payments are 

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

12 (b) DISTRIBUTION OF SURVIVOR PAYMENTS.—Pay13 ments under paragraph (2) or (3) of subsection (a) to eli14 gible survivors of an individual who is a compensable 

15 Guam decedent or a compensable Guam victim who is de16 ceased shall be made as follows: 

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

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

19 shall be made to such spouse. 

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

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

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

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

24 shares). 


wwoods2 on PRODPC68 with BILLS
5 

HR 44 RFS

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

2 but there are one or more children of the individual 

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

4 (or to such children in equal shares). 

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

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

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

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

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

10 parent, no payment shall be made. 

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

12 (1) COMPENSABLE GUAM DECEDENT.—The 

13 term ‘‘compensable Guam decedent’’ means an indi14 vidual determined under section 4(a)(1) to have been 

15 a resident of Guam who died or was killed as a re16 sult of the attack and occupation of Guam by Impe17 rial Japanese military forces during World War II, 

18 or incident to the liberation of Guam by United 

19 States military forces, and whose death would have 

20 been compensable under the Guam Meritorious 

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

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

23 (2) COMPENSABLE GUAM VICTIM.—The term 

24 ‘‘compensable Guam victim’’ means an individual de25 termined under section 4(a)(1) to have suffered, as 


wwoods2 on PRODPC68 with BILLS
6 

HR 44 RFS

1 a result of the attack and occupation of Guam by 

2 Imperial Japanese military forces during World War 

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

4 States military forces, any of the following: 

5 (A) Rape or severe personal injury (such 

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

7 (B) Forced labor or a personal injury not 

8 under subparagraph (A) (such as disfigure9 ment, scarring, or burns). 

10 (C) Forced march, internment, or hiding 

11 to evade internment. 

12 (3) DEFINITIONS OF SEVERE PERSONAL INJU13 RIES AND PERSONAL INJURIES.—The Foreign 

14 Claims Settlement Commission shall promulgate reg15 ulations to specify injuries that constitute a severe 

16 personal injury or a personal injury for purposes of 

17 subparagraphs (A) and (B), respectively, of para18 graph (2). 

19 SEC. 4. ADJUDICATION. 

20 (a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT

21 COMMISSION.— 

22 (1) IN GENERAL.—The Foreign Claims Settle23 ment Commission is authorized to adjudicate claims 

24 and determine eligibility for payments under section 

25 3. 


wwoods2 on PRODPC68 with BILLS
7 

HR 44 RFS

1 (2) RULES AND REGULATIONS.—The chairman 

2 of the Foreign Claims Settlement Commission shall 

3 prescribe such rules and regulations as may be nec4 essary to enable it to carry out its functions under 

5 this Act. Such rules and regulations shall be pub6 lished in the Federal Register. 

7 (b) CLAIMS SUBMITTED FOR PAYMENTS.— 

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

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

10 Foreign Claims Settlement Commission may not de11 termine an individual is eligible for a payment under 

12 section 3 unless the individual submits to the Com13 mission a claim in such manner and form and con14 taining such information as the Commission speci15 fies. 

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

17 All claims for a payment under section 3 shall be 

18 filed within one year after the Foreign Claims Set19 tlement Commission publishes public notice of the 

20 filing period in the Federal Register. The Foreign 

21 Claims Settlement Commission shall provide for the 

22 notice required under the previous sentence not later 

23 than 180 days after the date of the enactment of 

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

25 be publicized the public notice of the deadline for filVerDate Nov 24 2008 01:40 Feb 25, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H44.RFS H44

wwoods2 on PRODPC68 with BILLS
8 

HR 44 RFS

1 ing claims in newspaper, radio, and television media 

2 on Guam. 

3 (3) ADJUDICATORY DECISIONS.—The decision 

4 of the Foreign Claims Settlement Commission on 

5 each claim shall be by majority vote, shall be in writ6 ing, and shall state the reasons for the approval or 

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

8 also state the amount of the payment awarded and 

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

10 (4) DEDUCTIONS IN PAYMENT.—The Foreign 

11 Claims Settlement Commission shall deduct, from 

12 potential payments, amounts previously paid under 

13 the Guam Meritorious Claims Act of 1945 (Public 

14 Law 79–224). 

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

16 payments awarded by the Foreign Claims Settlement 

17 Commission. 

18 (6) REMUNERATION PROHIBITED.—No remu19 neration on account of representational services ren20 dered on behalf of any claimant in connection with 

21 any claim filed with the Foreign Claims Settlement 

22 Commission under this Act shall exceed one percent 

23 of the total amount paid pursuant to any payment 

24 certified under the provisions of this Act on account 

25 of such claim. Any agreement to the contrary shall 


wwoods2 on PRODPC68 with BILLS
9 

HR 44 RFS

1 be unlawful and void. Whoever demands or receives, 

2 on account of services so rendered, any remunera3 tion in excess of the maximum permitted by this sec4 tion shall be fined not more than $5,000 or impris5 oned not more than 12 months, or both. 

6 (7) APPEALS AND FINALITY.—Objections and 

7 appeals of decisions of the Foreign Claims Settle8 ment Commission shall be to the Commission, and 

9 upon rehearing, the decision in each claim shall be 

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

11 or agency. 

12 (8) CERTIFICATIONS FOR PAYMENT.—After a 

13 decision approving a claim becomes final, the chair14 man of the Foreign Claims Settlement Commission 

15 shall certify it to the Secretary of the Treasury for 

16 authorization of a payment under section 3. 

17 (9) TREATMENT OF AFFIDAVITS.—For pur18 poses of section 3 and subject to paragraph (2), the 

19 Foreign Claims Settlement Commission shall treat a 

20 claim that is accompanied by an affidavit of an indi21 vidual that attests to all of the material facts re22 quired for establishing eligibility of such individual 

23 for payment under such section as establishing a 

24 prima facie case of the individual’s eligibility for 

25 such payment without the need for further docuVerDate Nov 24 2008 01:40 Feb 25, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H44.RFS H44

wwoods2 on PRODPC68 with BILLS
10 

HR 44 RFS

1 mentation, except as the Commission may otherwise 

2 require. Such material facts shall include, with re3 spect to a claim under paragraph (2) or (3) of sec4 tion 3(a), a detailed description of the injury or 

5 other circumstance supporting the claim involved, in6 cluding the level of payment sought. 

7 (10) RELEASE OF RELATED CLAIMS.—Accept8 ance of payment under section 3 by an individual for 

9 a claim related to a compensable Guam decedent or 

10 a compensable Guam victim shall be in full satisfac11 tion of all claims related to such decedent or victim, 

12 respectively, arising under the Guam Meritorious 

13 Claims Act of 1945 (Public Law 79–224), the imple14 menting regulations issued by the United States 

15 Navy pursuant thereto, or this Act. 

16 (11) PENALTY FOR FALSE CLAIMS.—The provi17 sions of section 1001 of title 18 of the United States 

18 Code (relating to criminal penalties for false state19 ments) apply to claims submitted under this sub20 section. 

21 SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPA22 TION OF GUAM DURING WORLD WAR II. 

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

24 accordance with this section, the Secretary of the Interior 

25 shall establish a grants program under which the SecVerDate Nov 24 2008 01:40 Feb 25, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H44.RFS H44

wwoods2 on PRODPC68 with BILLS
11 

HR 44 RFS

1 retary shall award grants for research, educational, and 

2 media activities that memorialize the events surrounding 

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

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

5 both, for purposes of appropriately illuminating and inter6 preting the causes and circumstances of such occupation 

7 and other similar occupations during a war. 

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

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

10 such person submits an application to the Secretary for 

11 such grant, in such time, manner, and form and con12 taining such information as the Secretary specifies. 

13 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) GUAM WORLD WAR II CLAIMS PAYMENTS AND

15 ADJUDICATION.—For purposes of carrying out sections 3 

16 and 4, there are authorized to be appropriated 

17 $126,000,000, to remain available for obligation until Sep18 tember 30, 2013, to the Foreign Claims Settlement Com19 mission. Not more than 5 percent of funds made available 

20 under this subsection shall be used for administrative 

21 costs. 

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

23 purposes of carrying out section 5, there are authorized 


wwoods2 on PRODPC68 with BILLS
12 

HR 44 RFS

1 to be appropriated $5,000,000, to remain available for ob2 ligation until September 30, 2013. 

Passed the House of Representatives February 23, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


wwoods2 on PRODPC68 with BILLS