HR 44 RFCSCommentsClose CommentsPermalink

February 24, 2009CommentsClose CommentsPermalink

Received; read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To implement the recommendations of the Guam War Claims Review Commission.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Guam World War II Loyalty Recognition Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Recognition of the suffering and loyalty of the residents of Guam.CommentsClose CommentsPermalink





Sec. 3. Payments for Guam World War II claims.CommentsClose CommentsPermalink





Sec. 4. Adjudication.CommentsClose CommentsPermalink





Sec. 5. Grants program to memorialize the occupation of Guam during World War II.CommentsClose CommentsPermalink





Sec. 6. Authorization of appropriations.CommentsClose CommentsPermalink

SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM.

(a) Recognition of the Suffering of the Residents of Guam- The United States recognizes that, as 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.CommentsClose CommentsPermalink





(b) Recognition of the Loyalty of the Residents of Guam- The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States of America, as demonstrated by the countless 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.CommentsClose CommentsPermalink

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

(a) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment- Subject to section 6(a), after receipt of certification pursuant to section 4(b)(8) and in accordance with the provisions of this Act, the Secretary of the Treasury shall make payments as follows:CommentsClose CommentsPermalink





(1) RESIDENTS INJURED- The Secretary shall pay compensable Guam victims who are not deceased before any payments are made to individuals described in paragraphs (2) and (3) as follows:CommentsClose CommentsPermalink





(A) If the victim has suffered an injury described in subsection (c)(2)(A), $15,000.CommentsClose CommentsPermalink





(B) If the victim is not described in subparagraph (A) but has suffered an injury described in subsection (c)(2)(B), $12,000.CommentsClose CommentsPermalink





(C) If the victim is not described in subparagraph (A) or (B) but has suffered an injury described in subsection (c)(2)(C), $10,000.CommentsClose CommentsPermalink





(2) SURVIVORS OF RESIDENTS WHO DIED IN WAR- In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to eligible survivors of the decedent as specified in subsection (b). The Secretary shall make payments under this paragraph after payments are made under paragraph (1) and before payments are made under paragraph (3).CommentsClose CommentsPermalink





(3) SURVIVORS OF DECEASED INJURED RESIDENTS- In the case of a compensable Guam victim who is deceased, the Secretary shall pay $7,000 for distribution to eligible survivors of the victim as specified in subsection (b). The Secretary shall make payments under this paragraph after payments are made under paragraphs (1) and (2).CommentsClose CommentsPermalink





(b) Distribution of Survivor Payments- Payments under paragraph (2) or (3) of subsection (a) to eligible survivors of an individual who is a compensable Guam decedent or a compensable Guam victim who is deceased shall be made as follows:CommentsClose CommentsPermalink





(1) If there is living a spouse of the individual, but no child of the individual, all of the payment shall be made to such spouse.CommentsClose CommentsPermalink





(2) If there is living a spouse of the individual and one or more children of the individual, one-half of the payment shall be made to the spouse and the other half to the child (or to the children in equal shares).CommentsClose CommentsPermalink





(3) If there is no living spouse of the individual, but there are one or more children of the individual alive, all of the payment shall be made to such child (or to such children in equal shares).CommentsClose CommentsPermalink





(4) If there is no living spouse or child of the individual but there is a living parent (or parents) of the individual, all of the payment shall be made to the parents (or to the parents in equal shares).CommentsClose CommentsPermalink





(5) If there is no such living spouse, child, or parent, no payment shall be made.CommentsClose CommentsPermalink





(c) Definitions- For purposes of this Act:CommentsClose CommentsPermalink





(1) COMPENSABLE GUAM DECEDENT- The term ‘compensable Guam decedent’ means an individual determined under section 4(a)(1) to have been a resident of Guam who died or was killed as a result of the attack and occupation of Guam by Imperial Japanese military 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.CommentsClose CommentsPermalink





(2) COMPENSABLE GUAM VICTIM- The term ‘compensable Guam victim’ means an individual determined under section 4(a)(1) to have suffered, as a result of the attack and occupation 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:CommentsClose CommentsPermalink





(A) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis).CommentsClose CommentsPermalink





(B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns).CommentsClose CommentsPermalink





(C) Forced march, internment, or hiding to evade internment.CommentsClose CommentsPermalink





(3) DEFINITIONS OF SEVERE PERSONAL INJURIES AND PERSONAL INJURIES- The Foreign Claims Settlement Commission shall promulgate regulations to specify injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2).CommentsClose CommentsPermalink

SEC. 4. ADJUDICATION.

(a) Authority of Foreign Claims Settlement Commission-CommentsClose CommentsPermalink





(1) IN GENERAL- The Foreign Claims Settlement Commission is authorized to adjudicate claims and determine eligibility for payments under section 3.CommentsClose CommentsPermalink





(2) RULES AND REGULATIONS- The chairman of the Foreign Claims Settlement Commission shall prescribe such rules and regulations as may be necessary to enable it to carry out its functions under this Act. Such rules and regulations shall be published in the Federal Register.CommentsClose CommentsPermalink





(b) Claims Submitted for Payments-CommentsClose CommentsPermalink





(1) SUBMITTAL OF CLAIM- For purposes of subsection (a)(1) and subject to paragraph (2), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under section 3 unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies.CommentsClose CommentsPermalink





(2) FILING PERIOD FOR CLAIMS AND NOTICE- All claims for a payment under section 3 shall be filed within one year after the Foreign Claims Settlement Commission publishes public notice of the filing period in the Federal Register. The Foreign Claims Settlement Commission shall provide for the notice required under the previous sentence not later than 180 days after the date of the enactment of this Act. In addition, the Commission shall cause to be publicized the public notice of the deadline for filing claims in newspaper, radio, and television media on Guam.CommentsClose CommentsPermalink





(3) ADJUDICATORY DECISIONS- The decision of the Foreign Claims Settlement Commission on each claim shall be by majority vote, shall be in writing, and shall state the reasons for the approval or denial of the claim. If approved, the decision shall also state the amount of the payment awarded and the distribution, if any, to be made of the payment.CommentsClose CommentsPermalink





(4) DEDUCTIONS IN PAYMENT- The Foreign Claims Settlement Commission shall deduct, from potential payments, amounts previously paid under the Guam Meritorious Claims Act of 1945 (Public Law 79-224).CommentsClose CommentsPermalink





(5) INTEREST- No interest shall be paid on payments awarded by the Foreign Claims Settlement Commission.CommentsClose CommentsPermalink





(6) REMUNERATION PROHIBITED- No remuneration on account of representational services rendered on behalf of any claimant in connection with any claim filed with the Foreign Claims Settlement Commission under this Act shall exceed one percent of the total amount paid pursuant to any payment certified under the provisions of this Act on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section shall be fined not more than $5,000 or imprisoned not more than 12 months, or both.CommentsClose CommentsPermalink





(7) APPEALS AND FINALITY- Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency.CommentsClose CommentsPermalink





(8) CERTIFICATIONS FOR PAYMENT- After a decision approving a claim becomes final, the chairman of the Foreign Claims Settlement Commission shall certify it to the Secretary of the Treasury for authorization of a payment under section 3.CommentsClose CommentsPermalink





(9) TREATMENT OF AFFIDAVITS- For purposes of section 3 and subject to paragraph (2), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing eligibility of such individual for payment under such section as establishing a prima facie case of the individual’s eligibility for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim under paragraph (2) or (3) of section 3(a), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought.CommentsClose CommentsPermalink





(10) RELEASE OF RELATED CLAIMS- Acceptance of payment under section 3 by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 (Public Law 79-224), the implementing regulations issued by the United States Navy pursuant thereto, or this Act.CommentsClose CommentsPermalink





(11) PENALTY FOR FALSE CLAIMS- The provisions of section 1001 of title 18 of the United States Code (relating to criminal penalties for false statements) apply to claims submitted under this subsection.CommentsClose CommentsPermalink

SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING WORLD WAR II.

(a) Establishment- Subject to section 6(b) and in accordance with this section, the Secretary of the Interior shall establish a grants program under which the Secretary shall award grants for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II, honor the loyalty of the people of Guam during such occupation, or both, for purposes of appropriately illuminating and interpreting the causes and circumstances of such occupation and other similar occupations during a war.CommentsClose CommentsPermalink





(b) Eligibility- The Secretary of the Interior may not award to a person a grant under subsection (a) unless such person submits an application to the Secretary for such grant, in such time, manner, and form and containing such information as the Secretary specifies.CommentsClose CommentsPermalink

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) Guam World War II Claims Payments and Adjudication- For purposes of carrying out sections 3 and 4, there are authorized to be appropriated $126,000,000, to remain available for obligation until September 30, 2013, to the Foreign Claims Settlement Commission. Not more than 5 percent of funds made available under this subsection shall be used for administrative costs.CommentsClose CommentsPermalink





(b) Guam World War II Grants Program- For purposes of carrying out section 5, there are authorized to be appropriated $5,000,000, to remain available for obligation until September 30, 2013.CommentsClose CommentsPermalink

Passed the House of Representatives February 23, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

LORRAINE C. MILLER,CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink