[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1595 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1595

    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. Velazquez, Mr. Fortuno, 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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Guam World War II 
Loyalty Recognition Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Recognition of the suffering and loyalty of the residents of 
                            Guam.
Sec. 4. Definitions.
Sec. 5. Guam World War II Loyalty Recognition Fund.
Sec. 6. Payments for death.
Sec. 7. Payments for personal injury, forced labor, forced march, and 
                            internment.
Sec. 8. Adjudication.
Sec. 9. Guam World War II Remembrance Trust Fund.
Sec. 10. Authorization of appropriations.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) acknowledge the suffering of the residents of Guam as a 
        result of the occupation of Guam in World War II by Imperial 
        Japanese military forces;
            (2) acknowledge the steadfast loyalty to the United States 
        of the residents of Guam as a result of the occupation of Guam 
        in World War II by Imperial Japanese military forces;
            (3) compensate surviving relatives for the deaths of 
        residents of Guam as a result of the occupation of Guam in 
        World War II by Imperial Japanese military forces;
            (4) compensate persons who themselves suffered personal 
        injury (including rape and malnutrition), forced labor, forced 
        march, or internment as a result of the occupation of Guam in 
        World War II by Imperial Japanese military forces; and
            (5) establish a trust fund to sponsor research and 
        educational activities regarding the wartime occupation and 
        liberation of Guam, scholarships, medical facilities, and other 
        benefits for the people of Guam.

SEC. 3. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF 
              GUAM.

    (a) Recognition of the Suffering of the Residents of Guam.--The 
United States of America 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, personal injury (including rape 
and malnutrition), forced labor, forced march, or internment.
    (b) Recognition of the Loyalty of the Residents of Guam.--The 
United States of America 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.

SEC. 4. DEFINITIONS.

    In this Act--
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Commission.--The term ``Commission'' means the Guam 
        World War II Loyalty Recognition Commission established under 
        section 8(a)(1).
            (3) Fund.--The term ``Fund'' means the Guam World War II 
        Loyalty Recognition Fund established under section 5(a).
            (4) Trust fund.--The term ``Trust Fund'' means the Guam 
        World War II Remembrance Trust Fund established under section 
        9(a).
            (5) Eligible survivor.--The term ``eligible survivor''--
                    (A) as used in section 6, means the spouse, child, 
                or parent, respectively in this order of priority, who 
                is identified as an eligible successor claimant in 
                section 5(d) of title I of the War Claims Act of 1948 
                (50 U.S.C. App. 2004(d)); and
                    (B) as used in section 7, means the spouse, child, 
                or parent, respectively in this order of priority--
                            (i) who is identified as an eligible 
                        successor claimant in section 5(d) of title I 
                        of the War Claims Act of 1948 (50 U.S.C. App. 
                        2004(d)); and
                            (ii) who is living in the year 1990.

SEC. 5. GUAM WORLD WAR II LOYALTY RECOGNITION FUND.

    (a) Establishment.--There shall be established in the Treasury of 
the United States the Guam World War II Loyalty Recognition Fund.
    (b) Reports.--The Secretary shall report to Congress, not later 
than 60 days after the end of each fiscal year, on the financial 
condition of the Fund and the results of operations of the Fund during 
the preceding fiscal year, and on the expected financial condition and 
operations of the the Fund during the current fiscal year.
    (c) Investments.--Amounts in the Fund shall be invested in 
accordance with section 9702 of title 31, United States Code.
    (d) Termination.--The Secretary shall terminate the Fund three 
years after the date of the enactment of this Act, or one year 
following the disbursement of all payments from the Fund, as authorized 
by this Act, whichever occurs later. On the date the Fund is 
terminated, all investments of amounts in the Fund shall be liquidated 
by the Secretary and the proceeds thereof deposited in the Fund, and 
all moneys remaining in the Fund shall be deposited in the 
miscellaneous receipts account in the Treasury.

SEC. 6. PAYMENTS FOR DEATH.

    The Secretary shall, subject to the availability of funds 
appropriated for the Fund and after receipt of certification pursuant 
to section 8(b)(7), pay the sum of $25,000 for distribution to the 
eligible survivor or among the eligible survivors of each 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) and the implementing regulations 
issued by the United States Navy pursuant thereto.

SEC. 7. PAYMENTS FOR PERSONAL INJURY, FORCED LABOR, FORCED MARCH, AND 
              INTERNMENT.

    The Secretary of the Interior shall, subject to the availability of 
funds appropriated for the Fund and after receipt of certification 
pursuant to section 8(b)(7), pay the sum of $12,000 to each person, or 
to the eligible survivor or among the eligible survivors of such 
person, who 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, one or more 
of the following:
            (1) Personal injury (including rape and malnutrition).
            (2) Forced labor.
            (3) Forced march.
            (4) Internment.
            (5) Hiding to evade internment.

SEC. 8. ADJUDICATION.

    (a) Guam World War II Loyalty Recognition Commission.--
            (1) Commission established.--The Foreign Claims Settlement 
        Commission of the United States in the United States Department 
        of Justice shall establish a commission to be known as the 
        ``Guam World War II Loyalty Recognition Commission'' to 
        adjudicate claims and determine eligibility for award payments 
        pursuant to sections 6 and 7.
            (2) Membership and chairman of commission.--The Commission 
        shall be composed of five members, who shall be appointed by 
        the chairman of the Foreign Claims Settlement Commission, in 
        consultation with the Secretary, with two members appointed 
        after consideration of a list of ten nominees submitted by the 
        Governor of Guam. The chairman of the Foreign Claims Settlement 
        Commission shall designate one of the members of the Commission 
        to serve as chairman of the Commission.
            (3) Terms of chairman and members.--The chairman and 
        members of the Commission shall serve at the pleasure of the 
        chairman of the Foreign Claims Settlement Commission, with any 
        vacancy in the membership of the Commission to be filled in the 
        same manner as the original appointment.
            (4) Compensation.--The chairman and members of the 
        Commission shall receive compensation as provided under section 
        5316 of title 5, United States Code, and shall receive 
        reimbursement for travel and other expenses incurred in 
        connection with their duties as members, or a per diem 
        allowance in lieu thereof, at a level not to exceed that 
        prescribed under the provisions of subchapter I of chapter 57 
        of title 5, United States Code.
            (5) Staff of commission; staff, facilities, and services of 
        federal agencies.--
                    (A) Staff of commission.--The Commission may, 
                subject to the approval of the chairman of the Foreign 
                Claims Settlement Commission, appoint and fix the 
                compensation and allowances of such officers, 
                attorneys, and employees as may be reasonably necessary 
                for its proper functioning, which employees shall be in 
                addition to those who may be assigned by the chairman 
                of the Foreign Claims Settlement Commission to assist 
                the Commission in carrying out its functions. The 
                Commission may also delegate functions to any member, 
                officer, or employee of the Commission. The 
                compensation of officers, attorneys, and employees 
                appointed pursuant to this subsection shall be set in 
                accordance with subchapter III of chapter 53 of title 
                5, United States Code, and they shall receive 
                reimbursement for travel and other expenses incurred in 
                connection with their duties, or a per diem allowance 
                in lieu thereof at a level not to exceed the amount of 
                allowances prescribed under the provisions of 
                subchapter I of chapter 57 of title 5, United States 
                Code.
                    (B) Staff, facilities, and services of federal 
                agencies.--Officers and employees of any other 
                department or agency of the Government of the United 
                States or the Government of Guam may, with the consent 
                of the head of such department or agency, with or 
                without reimbursement, be assigned to assist the 
                Commission in carrying out its functions. The 
                Commission may, with the consent of the head of any 
                other department or agency of the Government of the 
                United States or the Government of Guam, utilize, with 
                or without reimbursement, a facility or service of such 
                department or agency in carrying out the functions of 
                the Commission.
            (6) Rules and regulations.--The Commission shall prescribe 
        such rules and regulations as may be necessary to enable it to 
        carry out its functions. Such rules and regulations shall be 
        published in the Federal Register.
            (7) Expenditure of funds permitted.--Subject to the general 
        supervision of the chairman of the Foreign Claims Settlement 
        Commission, and subject to the availability of the funds 
        appropriated for payment of the expenses of the Commission 
        pursuant to section 10 of this Act, the Commission may expend 
        such funds as may be reasonably necessary to enable it to carry 
        out its functions.
    (b) Claims Submitted for Guam World War II Loyalty Recognition 
Fund.--
            (1) Filing period for claims and notice.--All claims for a 
        payment described under section 6 or 7 shall be filed within 
        one year of the publishing of public notice in the Federal 
        Register. In addition, public notice of the deadline for filing 
        claims shall be published in newspaper, radio, and television 
        media on Guam.
            (2) Adjudicatory decisions.--The decision of the 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 
        awarded and the distribution, if any, to be made of the award.
            (3) Deductions in payment.--The Commission shall deduct, 
        from potential awards, amounts previously paid under the Guam 
        Meritorious Claims Act of 1945 (Public Law 79-224), if the 
        previous amounts were of $1,000 or more in the case of awards 
        for death, or of $500 or more in the case of awards for 
        personal injury.
            (4) Interest.--No interest shall be paid on amounts awarded 
        by the Commission.
            (5) Remuneration prohibited.--No remuneration on account of 
        representational services rendered on behalf of any claimant in 
        connection with any claim filed with the Commission under this 
        Act shall exceed one per centum of the total amount paid 
        pursuant to any award 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 twelve months, or both.
            (6) Appeals and finality.--Objections and appeals of 
        decisions of the 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.
            (7) Certification for payment.--After a decision approving 
        a claim becomes final, the chairman of the Commission shall 
        certify it to the Secretary for authorization of an award 
        payment described under section 6 or 7, as applicable.
            (8) Release of related claims.--Acceptance of payment by an 
        eligible individual shall be in full satisfaction of all claims 
        arising under the Guam Meritorious Claims Act of 1945 (Public 
        Law 79-224), the implementing regulations issued by the United 
        States Navy pursuant thereto, and this Act.

SEC. 9. GUAM WORLD WAR II REMEMBRANCE TRUST FUND.

    (a) Requirement to Establish Trust Fund.--The Secretary shall 
establish a non-profit corporation incorporated under the laws of Guam 
to be known as the ``Guam World War II Remembrance Trust Fund''.
    (b) Purposes of Trust Fund.--The Trust Fund shall be used to--
            (1) receive funds that result from the following 
        processes--
                    (A) within 90 days after the filing period 
                described under section 8(b)(1), the Trust Fund is 
                subrogated to the rights before the Commission of any 
                person who, while eligible to submit a claim for a 
                payment described under section 6 or 7, failed to file 
                such a claim;
                    (B) the Trust Fund is subrogated to the rights of 
                any person to receive an award from the Commission if 
                that person states his or her refusal in writing and 
                files it with the Trust Fund; and
                    (C) the Trust Fund shall receive from the United 
                States Treasury the proceeds of each check issued 
                against the Fund that has not been cashed after one 
                year from the date of issuance of such check;
            (2) sponsor research, educational, and media activities, so 
        that the events surrounding the World War II occupation of Guam 
        by Imperial Japanese military forces and liberation of Guam by 
        United States military forces, as well as the loyalty of the 
        people of Guam, will be remembered, and so that the causes and 
        circumstances of this and other wartime events may be 
        illuminated and understood;
            (3) grant scholarships;
            (4) provide medical facilities to treat the medical and 
        mental needs of residents of Guam who survived the World War II 
        occupation of Guam by Imperial Japanese military forces; and
            (5) undertake such other public projects, consistent with 
        the foregoing, that would benefit the people of Guam.
    (c) Board of Directors.--
            (1) Membership and appointment.--The board of directors of 
        the corporation shall consist of three persons appointed by the 
        Secretary for staggered three-year terms from lists of up to 
        five nominees each that may be submitted by the Governor of 
        Guam, the Speaker of the Legislature of Guam, and the Chief 
        Justice of the Supreme Court of Guam. All of the nominees shall 
        be residents of Guam, and, for the first 10 years of the life 
        of the Trust Fund, shall be persons who lived in Guam during 
        the World War II occupation of Guam by Imperial Japanese 
        military forces.
            (2) Meetings and compensation.--The board of directors 
        shall meet one day every three months to conduct Trust Fund 
        business, with each member being paid $100 for each such 
        meeting.
    (d) Executive Director; Secretary-Treasurer.--The Trust Fund may 
hire an Executive Director and a Secretary-Treasurer of the Trust Fund.
    (e) Termination.--At any time later than two years after the 
conclusion of all adjudications by the Commission, the Trust Fund shall 
terminate if the value of the assets of the Trust Fund is less than 
$250,000. The termination date of the Trust Fund shall be that date 
which is three months after the date on which the value is less than 
$250,000. On the date the Trust Fund is terminated, all investments of 
amounts in the Trust Fund shall be liquidated by the Secretary and the 
proceeds thereof deposited in the miscellaneous receipts account in the 
Treasury.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to pay amounts awarded under this Act and to pay the expenses 
of the Commission.
                                 <all>