IB 

Union Calendar No. 78 

110TH CONGRESS 

1ST SESSION H. R. 1595 

[Report No. 110–129] 

To implement the recommendations of the Guam War Claims Review 

Commission. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2007 

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

Mr. FORTUN ̃O, Mr. BURTON of Indiana, Mr. FALEOMAVAEGA, Mr. 

HONDA, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Natural Resources 

MAY 7, 2007 

Additional sponsors: Mr. SENSENBRENNER, Mr. ABERCROMBIE, Mr. YOUNG

of Alaska, Mr. CONYERS, Mr. REHBERG, Mr. GEORGE MILLER of California, Mr. LANTOS, Mr. SCOTT of Virginia, Ms. VELA ́ZQUEZ, Ms. LORETTA SANCHEZ of California, Mr. RODRIGUEZ, Ms. BERKLEY, Mrs. 

NAPOLITANO, Ms. SCHAKOWSKY, Mr. UDALL of Colorado, Mr. WU, Mrs. 

DAVIS of California, Mr. MILLER of Florida, Mr. BUTTERFIELD, Mr. 

SKELTON, Mr. GALLEGLY, Mr. RANGEL, Mr. ORTIZ, Mr. TOWNS, Ms. 

KAPTUR, Mr. MCDERMOTT, Mr. PALLONE, Ms. NORTON, Mr. BARTLETT

of Maryland, Mr. CLYBURN, Mr. FARR, Mr. FILNER, Mr. HINCHEY, Ms. 

WOOLSEY, Mr. ENGLISH of Pennsylvania, Mr. JONES of North Carolina, 

Ms. JACKSON-LEE of Texas, Mr. DAVIS of Illinois, Mr. KIND, Mrs. 

TAUSCHER, Mr. BOOZMAN, Ms. SOLIS, Mr. WILSON of South Carolina, 

Mr. GINGREY, Ms. LINDA T. SA ́NCHEZ of California, Mr. SCOTT of Georgia, Mr. AL GREEN of Texas, Ms. WASSERMAN SCHULTZ, Ms. HIRONO, 

Mr. LOEBSACK, Mr. HOLDEN, Ms. WATSON, Mr. KUCINICH, Ms. MATSUI, 

and Ms. LEE

MAY 7, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 


bajohnson on PROD1PC77 with BILLS
2 

•HR 1595 RH

[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 March 20, 2007] 

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. 

Sec. 6. Authorization of Appropriations. 

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

9 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 


bajohnson on PROD1PC77 with BILLS
3 

•HR 1595 RH

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

2 severe personal injury, personal injury, forced labor, forced 

3 march, or internment. 

4 (b) RECOGNITION OF THE LOYALTY OF THE RESI5 DENTS OF GUAM.—The United States forever will be grate6 ful to the residents of Guam for their steadfast loyalty to 

7 the United States of America, as demonstrated by the count8 less acts of courage they performed despite the threat of 

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

10 Imperial Japanese military forces that occupied Guam dur11 ing World War II. 

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

13 (a) PAYMENTS FOR DEATH, PERSONAL INJURY, 

14 FORCED LABOR, FORCED MARCH, AND INTERNMENT.— 

15 Subject to section 6(a), after receipt of certification pursu16 ant to section 4(b)(8) and in accordance with the provisions 

17 of this Act, the Secretary of the Treasury shall make pay18 ments as follows: 

19 (1) RESIDENTS INJURED.—The Secretary shall 

20 pay compensable Guam victims who are not deceased 

21 before any payments are made to individuals de22 scribed in paragraphs (2) and (3) as follows: 

23 (A) If the victim has suffered an injury de24 scribed in subsection (c)(2)(A), $15,000. 


bajohnson on PROD1PC77 with BILLS
4 

•HR 1595 RH

1 (B) If the victim is not described in sub2 paragraph (A) but has suffered an injury de3 scribed in subsection (c)(2)(B), $12,000. 

4 (C) If the victim is not described in sub5 paragraph (A) or (B) but has suffered an injury 

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

7 (2) SURVIVORS OF RESIDENTS WHO DIED IN

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

9 the Secretary shall pay $25,000 for distribution to el10 igible survivors of the decedent as specified in sub11 section (b). The Secretary shall make payments under 

12 this paragraph after payments are made under para13 graph (1) and before payments are made under para14 graph (3). 

15 (3) SURVIVORS OF DECEASED INJURED RESI16 DENTS.—In the case of a compensable Guam victim 

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

18 distribution to eligible survivors of the victim as spec19 ified in subsection (b). The Secretary shall make pay20 ments under this paragraph after payments are made 

21 under paragraphs (1) and (2). 

22 (b) DISTRIBUTION OF SURVIVOR PAYMENTS.—Pay23 ments under paragraph (2) or (3) of subsection (a) to eligi24 ble survivors of an individual who is a compensable Guam 


bajohnson on PROD1PC77 with BILLS
5 

•HR 1595 RH

1 decedent or a compensable Guam victim who is deceased 

2 shall be made as follows: 

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

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

5 shall be made to such spouse. 

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

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

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

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

10 shares). 

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

12 but there are one or more children of the individual 

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

14 (or to such children in equal shares). 

15 (4) If there is no living spouse or child of the in16 dividual but there is a living parent (or parents) of 

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

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

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

20 parent, no payment shall be made. 

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

22 (1) COMPENSABLE GUAM DECEDENT.—The term 

23 ‘‘compensable Guam decedent’’ means an individual 

24 determined under section 4(a)(1) to have been a resi25 dent of Guam who died or was killed as a result of 


bajohnson on PROD1PC77 with BILLS
6 

•HR 1595 RH

1 the attack and occupation of Guam by Imperial Jap2 anese military forces during World War II, or inci3 dent to the liberation of Guam by United States mili4 tary forces, and whose death would have been compen5 sable under the Guam Meritorious Claims Act of 1945 

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

7 under the terms of such Act. 

8 (2) COMPENSABLE GUAM VICTIM.—The term 

9 ‘‘compensable Guam victim’’ means an individual de10 termined under section 4(a)(1) to have suffered, as a 

11 result of the attack and occupation of Guam by Impe12 rial Japanese military forces during World War II, 

13 or incident to the liberation of Guam by United 

14 States military forces, any of the following: 

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

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

17 (B) Forced labor or a personal injury not 

18 under subparagraph (A) (such as disfigurement, 

19 scarring, or burns). 

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

21 evade internment. 

22 (3) DEFINITIONS OF SEVERE PERSONAL INJU23 RIES AND PERSONAL INJURIES.—The Foreign Claims 

24 Settlement Commission shall promulgate regulations 

25 to specify injuries that constitute a severe personal 


bajohnson on PROD1PC77 with BILLS
7 

•HR 1595 RH

1 injury or a personal injury for purposes of subpara2 graphs (A) and (B), respectively, of paragraph (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 published 

15 in the Federal Register. 

16 (b) CLAIMS SUBMITTED FOR PAYMENTS.— 

17 (1) SUBMITTAL OF CLAIM.—For purposes of sub18 section (a)(1) and subject to paragraph (2), the For19 eign Claims Settlement Commission may not deter20 mine 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 specifies. 

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

25 All claims for a payment under section 3 shall be 


bajohnson on PROD1PC77 with BILLS
8 

•HR 1595 RH

1 filed within one year after the Foreign Claims Settle2 ment Commission publishes public notice of the filing 

3 period in the Federal Register. The Foreign Claims 

4 Settlement Commission shall provide for the notice re5 quired under the previous sentence not later than 180 

6 days after the date of the enactment of this Act. In 

7 addition, the Commission shall cause to be publicized 

8 the public notice of the deadline for filing claims in 

9 newspaper, radio, and television media on Guam. 

10 (3) ADJUDICATORY DECISIONS.—The decision of 

11 the Foreign Claims Settlement Commission on each 

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

13 and shall state the reasons for the approval or denial 

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

15 the amount of the payment awarded and the distribu16 tion, if any, to be made of the payment. 

17 (4) DEDUCTIONS IN PAYMENT.—The Foreign 

18 Claims Settlement Commission shall deduct, from po19 tential payments, amounts previously paid under the 

20 Guam Meritorious Claims Act of 1945 (Public Law 

21 79–224). 

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

23 payments awarded by the Foreign Claims Settlement 

24 Commission. 


bajohnson on PROD1PC77 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 


bajohnson on PROD1PC77 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 03:25 May 08, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1595.RH H1595

bajohnson on PROD1PC77 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 section 6(b) 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 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) GUAM WORLD WAR II CLAIMS PAYMENTS AND AD22 JUDICATION.—For purposes of carrying out sections 3 and 

23 4, there are authorized to be appropriated $126,000,000, to 

24 remain available for obligation until September 30, 2012, 

25 to the Foreign Claims Settlement Commission. Not more 


bajohnson on PROD1PC77 with BILLS
12 

•HR 1595 RH

1 than 5 percent of funds made available under this sub2 section shall be used for administrative costs. 

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

4 purposes of carrying out section 5, there are authorized to 

5 be appropriated $5,000,000, to remain available for obliga6 tion until September 30, 2012. 


bajohnson on PROD1PC77 with BILLS

bajohnson on PROD1PC77 with BILLS
Union Calendar No. 78 

110TH CONGRESS 

1ST SESSION H. R. 1595 

[Report No. 110

–129] 

A BILL 

To implement the recommendations of the Guam 

War Claims Review Commission. 

MAY 7, 2007 

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


bajohnson on PROD1PC77 with BILLS