I 
113TH CONGRESS 
1ST SESSION 
H. R. 44 
To implement the recommendations of the Guam War Claims Review 
Commission. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2013 
Ms. BORDALLO
(for herself, Mr. ANDREWS, Mrs. CHRISTENSEN, Mr. 
FALEOMAVAEGA, Ms. NORTON, Mr. PIERLUISI, Mr. RAHALL, Mr. 
SABLAN, Mr. YOUNG of Alaska, Mr. HOYER, and Mr. MICHAUD) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources 
A BILL 
To implement the recommendations of the Guam War Claims 
Review Commission. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Guam World War II 
Loyalty Recognition Act’’. 
SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY 
OF THE RESIDENTS OF GUAM. 
(a) RECOGNITION OF THE SUFFERING OF THE RESI-
DENTS OF GUAM.—The United States recognizes that, as 
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described by the Guam War Claims Review Commission, 
the residents of Guam, on account of their United States 
nationality, suffered unspeakable harm as a result of the 
occupation of Guam by Imperial Japanese military forces 
during World War II, by being subjected to death, rape, 
severe personal injury, personal injury, forced labor, 
forced march, or internment. 
(b) RECOGNITION OF THE LOYALTY OF THE RESI-
DENTS OF GUAM.—The United States forever will be 
grateful to the residents of Guam for their steadfast loy-
alty to the United States, as demonstrated by the count-
less acts of courage they performed despite the threat of 
death or great bodily harm they faced at the hands of the 
Imperial Japanese military forces that occupied Guam 
during World War II. 
SEC. 3. GUAM WORLD WAR II CLAIMS FUND. 
(a) ESTABLISHMENT OF FUND.—The Secretary of 
the Treasury shall establish in the Treasury of the United 
States a special fund (in this Act referred to as the 
‘‘Claims Fund’’) for the payment of claims submitted by 
compensable Guam victims and survivors of compensable 
Guam decedents in accordance with sections 4 and 5. 
(b) COMPOSITION OF FUND.—The Claims Fund es-
tablished under subsection (a) shall be composed of 
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amounts deposited into the Claims Fund under subsection 
(c). 
(c) PAYMENT
OF CERTAIN DUTIES, TAXES, AND 
FEES
COLLECTED
FROM
GUAM
DEPOSITED
INTO 
FUND.— 
(1) IN GENERAL.—Notwithstanding section 30 
of the Organic Act of Guam (48 U.S.C. 1421h), the 
excess of— 
(A) any amount of duties, taxes, and fees 
collected under such section after fiscal year 
2012, over 
(B) the amount of duties, taxes, and fees 
collected under such section during fiscal year 
2012, 
shall be deposited into the Claims Fund. 
(2) APPLICATION.—Paragraph (1) shall not 
apply after the date for which the Secretary of the 
Treasury determines that all payments required to 
be made under section 4 have been made. 
(d) LIMITATION
ON
PAYMENTS
MADE
FROM 
FUND.— 
(1) IN GENERAL.—No payment may be made in 
a fiscal year under section 4 until funds are depos-
ited into the Claims Fund in such fiscal year under 
subsection (c). 
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(2) AMOUNTS.—For each fiscal year in which 
funds are deposited into the Claims Fund under 
subsection (c), the total amount of payments made 
in a fiscal year under section 4 may not exceed the 
amount of funds available in the Claims Fund for 
such fiscal year. 
(e) DEDUCTIONS FROM FUND FOR ADMINISTRATIVE 
EXPENSES.—The Secretary of the Treasury shall deduct 
from any amounts deposited into the Claims Fund an 
amount equal to 5 per cent of such amounts as reimburse-
ment to the Federal Government for expenses incurred by 
the Foreign Claims Settlement Commission and by the 
Department of the Treasury in the administration of this 
Act. The amounts so deducted shall be covered into the 
Treasury as miscellaneous receipts. 
SEC. 4. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. 
(a) PAYMENTS
FOR DEATH, PERSONAL INJURY, 
FORCED LABOR, FORCED MARCH, AND INTERNMENT.— 
After the Secretary of the Treasury receives the certifi-
cation from the Chairman of the Foreign Claims Settle-
ment Commission as required under section 4(b)(8), the 
Secretary of the Treasury shall make payments to com-
pensable Guam victims and survivors of a compensable 
Guam decedents as follows: 
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(1) COMPENSABLE GUAM VICTIM.—Before mak-
ing any payments under paragraph (2), the Sec-
retary shall make payments to compensable Guam 
victims as follows: 
(A) In the case of a victim who has suf-
fered 
an 
injury 
described 
in 
subsection 
(c)(2)(A), $15,000. 
(B) In the case of a victim who is not de-
scribed in subparagraph (A), but who has suf-
fered 
an 
injury 
described 
in 
subsection 
(c)(2)(B), $12,000. 
(C) In the case of a victim who is not de-
scribed in subparagraph (A) or (B), but who 
has suffered an injury described in subsection 
(c)(2)(C), $10,000. 
(2) SURVIVORS OF COMPENSABLE GUAM DECE-
DENTS.—In the case of a compensable Guam dece-
dent, the Secretary shall pay $25,000 for distribu-
tion to survivors of the decedent in accordance with 
subsection (b). The Secretary shall make payments 
under this paragraph only after all payments are 
made under paragraph (1). 
(b) DISTRIBUTION
OF SURVIVOR PAYMENTS.—A 
payment made under subsection (a)(2) to the survivors of 
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a compensable Guam decedent shall be distributed as fol-
lows: 
(1) In the case of a decedent whose spouse is 
living as of the date of the enactment of this Act, 
but who had no living children as of such date, the 
payment shall be made to such spouse. 
(2) In the case of a decedent whose spouse is 
living as of the date of the enactment of this Act 
and who had one or more living children as of such 
date, 50 percent of the payment shall be made to the 
spouse and 50 percent shall be made to such chil-
dren, to be divided among such children to the 
greatest extent possible into equal shares. 
(3) In the case of a decedent whose spouse is 
not living as of the date of the enactment of this Act 
and who had one or more living children as of such 
date, the payment shall be made to such children, to 
be divided among such children to the greatest ex-
tent possible into equal shares. 
(4) In the case of a decedent whose spouse is 
not living as of the date of the enactment of this Act 
and who had no living children as of such date, but 
who— 
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(A) had a parent who is living as of such 
date, the payment shall be made to the parent; 
or 
(B) had two parents who are living as of 
such date, the payment shall be divided equally 
between the parents. 
(5) In the case of a decedent whose spouse is 
not living as of the date of the enactment of this 
Act, who had no living children as of such date, and 
who had no parents who are living as of such date, 
no payment shall be made. 
(c) DEFINITIONS.—For purposes of this Act: 
(1) COMPENSABLE
GUAM
DECEDENT.—The 
term ‘‘compensable Guam decedent’’ means an indi-
vidual determined under section 5 to have been a 
resident of Guam who died as a result of the attack 
and occupation of Guam by Imperial Japanese mili-
tary forces during World War II, or incident to the 
liberation of Guam by United States military forces, 
and whose death would have been compensable 
under the Guam Meritorious Claims Act of 1945 
(Public Law 79–224) if a timely claim had been 
filed under the terms of such Act. 
(2) COMPENSABLE
GUAM
VICTIM.—The term 
‘‘compensable Guam victim’’ means an individual 
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who is not deceased as of the date of the enactment 
of this Act and who is determined under section 5 
to have suffered, as a result of the attack and occu-
pation of Guam by Imperial Japanese military forces 
during World War II, or incident to the liberation of 
Guam by United States military forces, any of the 
following: 
(A) Rape or severe personal injury (such 
as loss of a limb, dismemberment, or paralysis). 
(B) Forced labor or a personal injury not 
under subparagraph (A) (such as disfigure-
ment, scarring, or burns). 
(C) Forced march, internment, or hiding 
to evade internment. 
(3) DEFINITIONS OF SEVERE PERSONAL INJU-
RIES AND PERSONAL INJURIES.—Not later than 180 
days after the date of the enactment of this Act, the 
Foreign Claims Settlement Commission shall pro-
mulgate regulations to specify the injuries that con-
stitute a severe personal injury or a personal injury 
for purposes of subparagraphs (A) and (B), respec-
tively, of paragraph (2). 
SEC. 5. ADJUDICATION. 
(a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT 
COMMISSION.— 
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(1) IN GENERAL.—The Foreign Claims Settle-
ment Commission shall adjudicate claims and deter-
mine the eligibility of individuals for payments under 
section 4. 
(2) RULES AND REGULATIONS.—Not later than 
180 days after the date of the enactment of this Act, 
the Chairman of the Foreign Claims Settlement 
Commission shall publish in the Federal Register 
such rules and regulations as may be necessary to 
enable the Commission to carry out the functions of 
the Commission under this Act. 
(b) CLAIMS SUBMITTED FOR PAYMENTS.— 
(1) SUBMITTAL
OF
CLAIM.—For purposes of 
subsection (a)(1) and subject to paragraph (2), the 
Foreign Claims Settlement Commission may not de-
termine an individual is eligible for a payment under 
section 4 unless the individual submits to the Com-
mission a claim in such manner and form and con-
taining such information as the Commission speci-
fies. 
(2) FILING PERIOD FOR CLAIMS AND NOTICE.— 
(A) FILING PERIOD.—An individual filing 
a claim for a payment under section 4 shall file 
such claim not later than one year after the 
date on which the Foreign Claims Settlement 
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Commission publishes the notice described in 
subparagraph (B). 
(B) NOTICE OF FILING PERIOD.—Not later 
than 180 days after the date of the enactment 
of this Act, the Foreign Claims Settlement 
Commission shall publish a notice of the dead-
line for filing a claim described in subparagraph 
(A)— 
(i) in the Federal Register; and 
(ii) in newspaper, radio, and television 
media in Guam. 
(3) ADJUDICATORY
DECISIONS.—The decision 
of the Foreign Claims Settlement Commission on 
each claim filed under this Act shall— 
(A) be by majority vote; 
(B) be in writing; 
(C) state the reasons for the approval or 
denial of the claim; and 
(D) if approved, state the amount of the 
payment awarded and the distribution, if any, 
to be made of the payment. 
(4) DEDUCTIONS IN PAYMENT.—The Foreign 
Claims Settlement Commission shall deduct, from a 
payment made to a compensable Guam victim or 
survivors of a compensable Guam decedent under 
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this section, amounts paid to such victim or sur-
vivors under the Guam Meritorious Claims Act of 
1945 (Public Law 79–224) before the date of the 
enactment of this Act. 
(5) INTEREST.—No interest shall be paid on 
payments made by the Foreign Claims Settlement 
Commission under section 4. 
(6) LIMITED
COMPENSATION
FOR
PROVISION 
OF REPRESENTATIONAL SERVICES.— 
(A) 
LIMIT
ON
COMPENSATION.—Any 
agreement under which an individual who pro-
vided representational services to an individual 
who filed a claim for a payment under this Act 
that provides for compensation to the individual 
who provided such services in an amount that 
is more than one percent of the total amount of 
such payment shall be unlawful and void. 
(B) PENALTIES.—Whoever demands or re-
ceives any compensation in excess of the 
amount allowed under subparagraph (A) shall 
be fined not more than $5,000 or imprisoned 
not more than one year, or both. 
(7) APPEALS AND FINALITY.—Objections and 
appeals of decisions of the Foreign Claims Settle-
ment Commission shall be to the Commission, and 
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