IB 

Union Calendar No. 277 

109TH CONGRESS 

2D SESSION H. R. 1595 

[Report No. 109–437, Parts I and II] 

To implement the recommendations of the Guam War Claims Review 

Commission. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2005 

Ms. BORDALLO (for herself, Mr. RAHALL, Mr. SENSENBRENNER, Mr. CONYERS, Mr. YOUNG of Alaska, Mr. SKELTON, Mr. BURTON of Indiana, Mr. 

LANTOS, Mr. JONES of North Carolina, Mr. HONDA, Mr. FLAKE, Mr. 

EVANS, Mr. RENZI, Ms. VELA ́ZQUEZ, Mr. FORTUN ̃O, Mr. GEORGE MILLER of California, Mr. ISSA, Mr. SCOTT of Virginia, Mr. MILLER of Florida, Ms. ZOE LOFGREN of California, Mr. FALEOMAVAEGA, Mr. ABERCROMBIE, Mr. WILSON of South Carolina, Mr. ORTIZ, Mr. ALEXANDER, 

Mrs. CHRISTENSEN, Mr. REHBERG, Mr. KIND, Mrs. NAPOLITANO, Mr. 

UDALL of New Mexico, Mr. GRIJALVA, Mr. CARDOZA, Mr. TOWNS, Mr. 

PAYNE, Ms. NORTON, Mr. BECERRA, Mr. HASTINGS of Florida, Mr. 

HOLDEN, Ms. BERKLEY, Mr. CROWLEY, Ms. SCHAKOWSKY, Mr. 

LANGEVIN, Ms. SOLIS, Mr. WU, Ms. WATSON, Mr. CASE, Mr. SCOTT of 

Georgia, and Ms. MATSUI) introduced the following bill; which was referred to the Committee on Resources 

APRIL 25, 2006 

Reported with an amendment and referred to the Committee on the Judiciary 

for a period ending not later than June 9, 2006 for consideration of such 

provisions of the bill and amendment as fall within the jurisdiction of 

that Committee pursuant to clause 1(f), rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 9, 2006 

Additional sponsors: Ms. ROS-LEHTINEN, Mr. GILCHREST, Mr. PALLONE, Mr. 

FILNER, Mr. HINOJOSA, Mr. LARSEN of Washington, Mr. FRANK of Massachusetts, Mrs. CAPPS, Mr. ISRAEL, Mr. LARSON of Connecticut, Mrs. 

MALONEY, Ms. LORETTA SANCHEZ of California, Ms. KAPTUR, Mr. 

RYAN of Ohio, Mr. SIMMONS, Ms. LEE, Ms. MILLENDER-MCDONALD, 


dsatterwhite on PROD1PC76 with BILLS
2 

•HR 1595 RH 

Mr. KUCINICH, Mrs. MCCARTHY, Mr. KILDEE, Mr. BISHOP of Georgia, 

Mr. LIPINSKI, Mr. SCHWARZ of Michigan, Ms. WOOLSEY, Ms. DELAURO, 

Mr. WEXLER, Mr. MCINTYRE, Mr. UDALL of Colorado, Mr. OWENS, Mr. 

BERMAN, Ms. ROYBAL-ALLARD, Mr. GONZALEZ, Mr. MCDERMOTT, Mr. 

HINCHEY, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. JEFFERSON, 

Mr. BRADY of Pennsylvania, Ms. HERSETH, Mr. MOORE of Kansas, Mr. 

SCHIFF, Mr. ACKERMAN, Mr. BISHOP of New York, Mr. BUTTERFIELD, 

Mr. COSTA, Ms. JACKSON-LEE of Texas, Mr. STUPAK, Mrs. BLACKBURN, 

Mr. GALLEGLY, Mr. MELANCON, Mr. AL GREEN of Texas, Mr. MCGOVERN, Ms. MCKINNEY, Mr. SAXTON, Mr. GOHMERT, Mr. MCCOTTER, Ms. 

SCHWARTZ of Pennsylvania, Mrs. DAVIS of California, Mr. BARTLETT of 

Maryland, Mr. AKIN, Mr. KOLBE, Mr. HEFLEY, Ms. PELOSI, Mr. INSLEE, Mr. HOYER, and Mr. SERRANO

JUNE 9, 2006 

Reported from the Committee on the Judiciary with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 13, 2005] 

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 this 

7 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. 


dsatterwhite on PROD1PC76 with BILLS
3 

•HR 1595 RH 

1 SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF 

2 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, forced 

11 march, or internment. 

12 (b) RECOGNITION OF THE LOYALTY OF THE RESI13 DENTS OF GUAM.—The United States forever will be grate14 ful to the residents of Guam for their steadfast loyalty to 

15 the United States of America, as demonstrated by the count16 less acts of courage they performed despite the threat of 

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

18 Imperial Japanese military forces that occupied Guam dur19 ing 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 After receipt of certification pursuant to section 4(b)(8) and 

24 in accordance with this section, the Secretary of the Treas25 ury shall make the following payments: 


dsatterwhite on PROD1PC76 with BILLS
4 

•HR 1595 RH 

1 (1) SURVIVORS OF RESIDENTS WHO DIED IN

2 WAR.—In the case of a compensable Guam decedent 

3 (as defined in subsection (c)(1)), the Secretary shall 

4 pay $25,000 for distribution to eligible survivors of 

5 the decedent as specified in subsection (b). 

6 (2) RESIDENTS INJURED.—In the case of a com7 pensable Guam victim who is not deceased, the Sec8 retary shall pay such victim the following: 

9 (A) If the victim has suffered an injury de10 scribed in subsection (c)(2)(A), $15,000. 

11 (B) If the victim is not described in sub12 paragraph (A) but has suffered an injury de13 scribed in subsection (c)(2)(B), $12,000. 

14 (C) If the victim is not described in sub15 paragraph (A) or (B) but has suffered an injury 

16 described in subsection (c)(2)(C), $10,000. 

17 (3) SURVIVORS OF DECEASED INJURED RESI18 DENTS.—In the case of a compensable Guam victim 

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

20 distribution to eligible survivors of the victim as spec21 ified in subsection (b). 

22 Payments under this section shall be treated for purposes 

23 of section 1304(a) of title 31, United States Code, as an 

24 award otherwise authorized as law. 


dsatterwhite on PROD1PC76 with BILLS
5 

•HR 1595 RH 

1 (b) DISTRIBUTION OF SURVIVOR PAYMENTS.—Pay2 ments under paragraph (1) or (3) of subsection (a) to eligi3 ble survivors of an individual who is a compensable Guam 

4 decedent or a compensable Guam victim who is deceased 

5 shall be made as follows: 

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

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

8 shall be made to such spouse. 

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

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

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

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

13 shares). 

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

15 but there are one or more children of the individual 

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

17 (or to such children in equal shares). 

18 (4) If there is no living spouse or child of the in19 dividual but there is a living parent (or parents) of 

20 the individual, all of the payment shall be made to 

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

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

23 parent, no payment shall be made. 

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


dsatterwhite on PROD1PC76 with BILLS
6 

•HR 1595 RH 

1 (1) COMPENSABLE GUAM DECEDENT.—The term 

2 ‘‘compensable Guam decedent’’ means an individual 

3 determined under section 4(a)(1) to have been a resi4 dent of Guam who died or was killed as a result of 

5 the attack and occupation of Guam by Imperial Jap6 anese military forces during World War II, or inci7 dent to the liberation of Guam by United States mili8 tary forces, and whose death would have been compen9 sable under the Guam Meritorious Claims Act of 1945 

10 (Public Law 79–224) if a timely claim had been filed 

11 under the terms of such Act. 

12 (2) COMPENSABLE GUAM VICTIM.—The term 

13 ‘‘compensable Guam victim’’ means an individual de14 termined under section 4(a)(1) to have suffered, as a 

15 result of the attack and occupation of Guam by Impe16 rial Japanese military forces during World War II, 

17 or incident to the liberation of Guam by United 

18 States military forces, any of the following: 

19 (A) Rape or severe personal injury (such as 

20 loss of a limb, dismemberment, or paralysis). 

21 (B) Forced labor or a personal injury not 

22 under subparagraph (A) (such as disfigurement, 

23 scarring, or burns). 

24 (C) Forced march, internment, or hiding to 

25 evade internment. 


dsatterwhite on PROD1PC76 with BILLS
7 

•HR 1595 RH 

1 (3) DEFINITIONS OF SEVERE PERSONAL INJU2 RIES AND PERSONAL INJURIES.—The Foreign Claims 

3 Settlement Commission shall promulgate regulations 

4 to specify injuries that constitute a severe personal 

5 injury or a personal injury for purposes of subpara6 graphs (A) and (B), respectively, of paragraph (2). 

7 SEC. 4. ADJUDICATION. 

8 (a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT

9 COMMISSION.— 

10 (1) IN GENERAL.—The Foreign Claims Settle11 ment Commission is authorized to adjudicate claims 

12 and determine eligibility for payments under section 

13 3. 

14 (2) RULES AND REGULATIONS.—The chairman 

15 of the Foreign Claims Settlement Commission shall 

16 prescribe such rules and regulations as may be nec17 essary to enable it to carry out its functions under 

18 this Act. Such rules and regulations shall be published 

19 in the Federal Register. 

20 (b) CLAIMS SUBMITTED FOR PAYMENTS.— 

21 (1) SUBMITTAL OF CLAIM.—For purposes of sub22 section (a)(1) and subject to paragraph (2), the For23 eign Claims Settlement Commission may not deter24 mine an individual is eligible for a payment under 

25 section 3 unless the individual submits to the ComVerDate Aug 31 2005 22:33 Jun 09, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1595.RH H1595

dsatterwhite on PROD1PC76 with BILLS
8 

•HR 1595 RH 

1 mission a claim in such manner and form and con2 taining such information as the Commission specifies. 

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

4 All claims for a payment under section 3 shall be 

5 filed within one year after the Foreign Claims Settle6 ment Commission publishes public notice of the filing 

7 period in the Federal Register. In addition, the Com8 mission shall cause to be publicized the public notice 

9 of the deadline for filing claims in newspaper, radio, 

10 and television media on Guam. 

11 (3) ADJUDICATORY DECISIONS.—The decision of 

12 the Foreign Claims Settlement Commission on each 

13 claim shall be by majority vote, shall be in writing, 

14 and shall state the reasons for the approval or denial 

15 of the claim. If approved, the decision shall also state 

16 the amount of the payment awarded and the distribu17 tion, if any, to be made of the payment. 

18 (4) DEDUCTIONS IN PAYMENT.—The Foreign 

19 Claims Settlement Commission shall deduct, from po20 tential payments, amounts previously paid under the 

21 Guam Meritorious Claims Act of 1945 (Public Law 

22 79–224). 

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

24 payments awarded by the Foreign Claims Settlement 

25 Commission. 


dsatterwhite on PROD1PC76 with BILLS
9 

•HR 1595 RH 

1 (6) REMUNERATION PROHIBITED.—No remu2 neration on account of representational services ren3 dered on behalf of any claimant in connection with 

4 any claim filed with the Foreign Claims Settlement 

5 Commission under this Act shall exceed one percent of 

6 the total amount paid pursuant to any payment cer7 tified under the provisions of this Act on account of 

8 such claim. Any agreement to the contrary shall be 

9 unlawful and void. Whoever demands or receives, on 

10 account of services so rendered, any remuneration in 

11 excess of the maximum permitted by this section shall 

12 be fined not more than $5,000 or imprisoned not 

13 more than 12 months, or both. 

14 (7) APPEALS AND FINALITY.—Objections and ap15 peals of decisions of the Foreign Claims Settlement 

16 Commission shall be to the Commission, and upon re17 hearing, the decision in each claim shall be final, and 

18 not subject to further review by any court or agency. 

19 (8) CERTIFICATIONS FOR PAYMENT.—After a de20 cision approving a claim becomes final, the chairman 

21 of the Foreign Claims Settlement Commission shall 

22 certify it to the Secretary of the Treasury for author23 ization of a payment under section 3. 

24 (9) TREATMENT OF AFFIDAVITS.—For purposes 

25 of section 3 and subject to paragraph (2), the Foreign 


dsatterwhite on PROD1PC76 with BILLS
10 

•HR 1595 RH 

1 Claims Settlement Commission shall treat a claim 

2 that is accompanied by an affidavit of an individual 

3 that attests to all of the material facts required for es4 tablishing eligibility of such individual for payment 

5 under such section as establishing a prima facie case 

6 of the individual’s eligibility for such payment with7 out the need for further documentation, except as the 

8 Commission may otherwise require. Such material 

9 facts shall include, with respect to a claim under 

10 paragraph (2) or (3) of section 3(a), a detailed de11 scription of the injury or other circumstance sup12 porting the claim involved, including the level of pay13 ment sought. 

14 (10) RELEASE OF RELATED CLAIMS.—Accept15 ance of payment under section 3 by an individual for 

16 a claim related to a compensable Guam decedent or 

17 a compensable Guam victim shall be in full satisfac18 tion of all claims related to such decedent or victim, 

19 respectively, arising under the Guam Meritorious 

20 Claims Act of 1945 (Public Law 79–224), the imple21 menting regulations issued by the United States Navy 

22 pursuant thereto, or this Act. 

23 (11) PENALTY FOR FALSE CLAIMS.—The provi24 sions of section 1001 of title 18 of the United States 

25 Code (relating to criminal penalties for false stateVerDate Aug 31 2005 22:33 Jun 09, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1595.RH H1595

dsatterwhite on PROD1PC76 with BILLS
11 

•HR 1595 RH 

1 ments) apply to claims submitted under this sub2 section. 

3 SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPA4 TION OF GUAM DURING WORLD WAR II. 

5 (a) ESTABLISHMENT.—Subject to subsection (c) and in 

6 accordance with this section, the Secretary of the Interior 

7 shall establish a grants program under which the Secretary 

8 shall award grants for research, educational, and media ac9 tivities that memorialize the events surrounding the occupa10 tion of Guam during World War II, honor the loyalty of 

11 the people of Guam during such occupation, or both, for 

12 purposes of appropriately illuminating and interpreting 

13 the causes and circumstances of such occupation and other 

14 similar occupations during a war. 

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

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

17 such person submits an application to the Secretary for 

18 such grant, in such time, manner, and form and containing 

19 such information as the Secretary specifies. 

20 (c) AUTHORIZATION FOR APPROPRIATIONS.—There 

21 are authorized to be appropriated $5,000,000, to remain 

22 available for obligation until September 30, 2011, to carry 

23 out the grant program under this section. In addition, the 

24 Secretary of the Interior may use unobligated funds made 


dsatterwhite on PROD1PC76 with BILLS
12 

•HR 1595 RH 

1 available to the Secretary that may be used for such purpose 

2 to carry out this section. 


dsatterwhite on PROD1PC76 with BILLS

dsatterwhite on PROD1PC76 with BILLS
Union Calendar No. 277 

109TH CONGRESS 

2D SESSION H. R. 1595 

[Report No. 109

–437, Parts I and II] 

A BILL 

To implement the recommendations of the Guam 

War Claims Review Commission. 

JUNE 9, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


dsatterwhite on PROD1PC76 with BILLS