[House Report 110-129]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-129

======================================================================



 
               GUAM WORLD WAR II LOYALTY RECOGNITION ACT

                                _______
                                

  May 7, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1595]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1595) to implement the recommendations of the Guam 
War Claims Review Commission, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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. 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.

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.
  (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.

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:
          (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:
                  (A) If the victim has suffered an injury described in 
                subsection (c)(2)(A), $15,000.
                  (B) If the victim is not described in subparagraph 
                (A) but has suffered an injury described in subsection 
                (c)(2)(B), $12,000.
                  (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.
          (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).
          (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).
  (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:
          (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.
          (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).
          (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).
          (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).
          (5) If there is no such living spouse, child, or parent, no 
        payment shall be made.
  (c) Definitions.--For purposes of this Act:
          (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.
          (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:
                  (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 disfigurement, scarring, or 
                burns).
                  (C) Forced march, internment, or hiding to evade 
                internment.
          (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).

SEC. 4. ADJUDICATION.

  (a) Authority of Foreign Claims Settlement Commission.--
          (1) In general.--The Foreign Claims Settlement Commission is 
        authorized to adjudicate claims and determine eligibility for 
        payments under section 3.
          (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.
  (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 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.
          (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.
          (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.
          (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).
          (5) Interest.--No interest shall be paid on payments awarded 
        by the Foreign Claims Settlement Commission.
          (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.
          (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.
          (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.
          (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.
          (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.
          (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.

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.
  (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.

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, 2012, to the Foreign Claims Settlement Commission. Not 
more than 5 percent of funds made available under this subsection shall 
be used for administrative costs.
  (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, 2012.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1595, as ordered reported, is to 
implement the recommendations of the Guam War Claims Review 
Commission.

                  BACKGROUND AND NEED FOR LEGISLATION

    On December 8, 1941, during World War II, invading Imperial 
Japanese military forces seized control of Guam from the United 
States. The occupation of Guam lasted for nearly three years, 
during which time, the people of Guam, estimated at nearly 
22,000, were subjected to death, public execution by beheading, 
personal injury, forced labor, forced march, rape, and 
internment. United States Armed Forces returned and liberated 
the people of Guam from enemy occupation on July 21, 1944.
    After the United States regained administration over Guam, 
an effort to compensate the residents of Guam for their 
suffering was made. In 1945, Congress passed the Guam 
Meritorious Claims Act (GMCA), Public Law 79-224, which 
authorized the Secretary of the Navy to appoint a claims 
commission to adjudicate as well as settle war claims less than 
$5,000. Any claims of $5,000 or more were to be specifically 
forwarded to and approved by Congress.
    Public Law 107-333, sponsored by former Congressman Robert 
A. Underwood of Guam authorized the establishment of the Guam 
War Claims Review Commission (Review Commission). The Review 
Commission, appointed by the Secretary of the Interior, was 
charged with determining whether there was parity of war claims 
paid to Guam residents in 1945 under the GMCA as compared with 
awards made under other federal laws to similarly affected 
United States citizens or nationals in territory occupied by 
Imperial Japanese forces during World War II. In addition, the 
Review Commission reviewed the Hopkins Commission Report 
(Hopkins Report) for interpretation and comparison. The Hopkins 
Report was submitted to Congress in 1947 and provided a general 
overview of the progress of implementing the GMCA, as well as 
the status of post-war government in both Guam and American 
Samoa. It is also important to note that the Review Commission 
held public hearings on Guam, at which it received testimony 
from both survivors of the occupation as well as descendants of 
survivors and descendants of those who were executed during the 
war. After careful study and review of the historical records 
addressing war claims and public hearings held on Guam, the 
Review Commission submitted its final report to Congress on 
June 10, 2004.
    The Committee on Resources held an oversight hearing on the 
Review Commission's report on July 21, 2004 during the 108th 
Congress. At that hearing, it became clear that legislation 
would be necessary to provide any further authorization of 
relief or recognition for the suffering of the people of Guam 
because the GMCA provided only a specific one year time limit 
for adjudication and settlement of past claims.
    The Review Commission determined that there was a lack of 
parity in some aspects of the process of implementing the GMCA 
and in the amounts made available for payment to the residents 
of Guam. Among other notable findings, the Review Commission 
found that:
       Congress was misinformed when it excluded Guam 
from coverage under Title II of the War Claims Act of 1948, 
further amended in 1962.
       Congress should have adopted recommendations 
made in the 1947 Hopkins Report.
       Due to problems in disseminating information in 
post-war Guam, its residents did not have ample opportunity for 
filing claims under the GMCA, and were erroneously excluded 
from additional opportunities afforded other Americans in 
subsequent legislation.
    In addition to further awards, the Review Commission 
recommended that Congress acknowledge both the suffering of the 
people of Guam during the enemy occupation of Guam in World War 
II and their demonstrated loyalty to the United States.

                            COMMITTEE ACTION

    H.R. 1595 was introduced on March 20, 2007, by 
Congresswoman Madeleine Z. Bordallo (D-GU). The bill was 
referred to the Committee on Natural Resources. On May 2, 2007, 
the Full Committee met to consider the bill. Congresswoman 
Bordallo (D-GU) offered an amendment, technical in nature, 
consolidating the authorization of appropriations sections for 
both the claims and grants programs, and striking language that 
would have granted the Secretary of the Interior discretion to 
expend unobligated funds for the grants program. The amendment 
was adopted by voice vote. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents

    Section 1 provides the title of the bill and the section 
headings of the legislation.

Section 2. Recognition of the suffering and loyalty of the residents of 
        Guam

    Section 2 makes two statements recognizing the sufferings 
endured by the people of Guam during enemy occupation and the 
steadfast loyalty of the people of the Guam to the United 
States of America.

Section 3. Payments for Guam World War II claims

    Subsection (a) delineates the amounts that claimants may be 
awarded at levels of $25,000, $15,000, $12,000, $10,000, and 
$7,000. Death claims are to be paid at $25,000. Personal injury 
claims are to be paid at $15,000, $12,000 or $10,000 depending 
on the severity of the injury suffered. All claims for personal 
injury in the case of a deceased injured resident are to be 
paid at $7,000.
    ``Internment'' is defined and included as a category for 
personal injury claims based on both the War Claims Act of 1948 
and the Wake Island Amendment of 1962, which authorized 
compensation for internment of civilians by Imperial Japanese 
military forces during World War II.
    Subsection (b) describes the distribution of the amounts 
that may be paid for a claim among eligible claimants. 
Delineation of the distribution of payments among claimants is 
based on precedent, including the War Claims Act of 1948, Wake 
Island Amendment of 1962, War Claims Act of 1954, and the 
Micronesian Claims Act of 1971. Under these Acts, eligible 
claimants have been limited to the spouse, children and 
parents.
    Subsection (c) defines the eligibility of claimants.

Section 4. Adjudication

    Subsection (a) authorizes the Foreign Claims Settlement 
Commission to adjudicate claims and determine payment 
eligibility. The rules and regulations of the Foreign Claims 
Settlement Commission relating to its adjudication of claims 
shall be published in the Federal Register.
    The efforts of the Foreign Claims Settlement Commission 
will be crucial to properly notifying potential claimants. To 
this end, the Committee recommends the hiring of interpreters 
on Guam to expeditiously and accurately translate the 
experience of those who speak Chamorro or who have limited 
proficiency in English. The Committee further recommends that 
the Foreign Claims Settlement Commission perform many of its 
functions directly in Guam, including staffing and offices, to 
the extent such functions are integral to the efficient and 
proper adjudication of claims and the execution of authority 
granted to it by this Act.
    The Committee recognizes through its work with the 
Department of the Interior that due to its longstanding 
relationship with Guam's leaders and its understanding of 
Guam's history, the Department of the Interior may be called 
upon to provide assistance, including its expertise and 
technical assistance, to the Foreign Claims Settlement 
Commission. The Committee expects the Department of the 
Interior to provide such assistance as may be requested by the 
Foreign Claims Settlement Commission.
    The Committee is aware of the fact that since the end of 
World War II, many survivors of Guam's occupation have 
relocated. The Committee encourages the Foreign Claims 
Settlement Commission, with the support of the Department of 
the Interior, to undertake activities to inform the greatest 
possible number of potential claimants of the opportunity to 
file a claim. These activities should include outreach to 
organizations whose primary membership consists of former 
residents of Guam. The Committee notes that such organizations 
exist in the States of California, Washington, Texas, Nevada, 
Hawaii, Arizona, and the greater Washington, DC area.
    Subsection (b) describes the manner and form under which 
claims are to be filed with and received by the Foreign Claims 
Settlement Commission. All claims shall be filed with the 
Foreign Claims Settlement Commission within one year of the 
notice published in the Federal Register. Decisions of the 
Foreign Claims Settlement Commission on each claim shall be 
determined by majority vote, shall be in writing, and shall 
state the reasons for the approval or denial of the claim. 
Other requirements are delineated with respect to deductions in 
payments that are to be made in relation to any amounts 
previously paid under the GMCA, the appeals process, the 
certification of payment process, and penalties for submission 
of a false claim.

Section 5. Grants program to memorialize the occupation of Guam during 
        World War II

    Section 5 authorizes a grants program for research, 
educational and media activities to memorialize the events 
surrounding the occupation of Guam during World War II. The 
Secretary of the Interior is provided the authority to award 
such grants.

Section 6. Authorization of appropriations

    Subsection (a) authorizes $126,000,000 to carry out 
sections 3 and 4.
    Subsection (b) authorizes $5,000,000 to carry out section 
5.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article IV, section 3, of the Constitution of the United 
States grants the power of Congress over territory and other 
national property to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to implement the recommendations of 
the Guam War Claims Review Commission, as ordered reported.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1595--Guam World War II Loyalty Recognition Act

    Summary: H.R. 1595 would authorize the appropriation of 
$126 million for the federal government to compensate Guam 
residents for their mistreatment during the island's occupation 
by Japanese military forces during World War II. The 
legislation also would authorize the appropriation of $5 
million for a grant program to memorialize the occupation of 
Guam during World War II.
    CBO estimates that implementing H.R. 1595 would cost about 
$130 million over the 2008-2012 period, assuming appropriation 
of the authorized amounts. Enacting the legislation could 
increase revenues from civil and criminal penalties and direct 
spending of any collections, but CBO estimates that any amounts 
collected or spent would be negligible.
    H.R. 1595 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    H.R. 1595 contains a private-sector mandate, as defined in 
UMRA, on individuals seeking to represent certain claimants who 
are eligible to receive money from the Foreign Claims 
Settlement Commission (FCSC). The bill would limit the amount 
of compensation individuals can receive to represent claimants 
who file for claims with the FCSC under this bill. CBO 
estimates, however, that the cost would be minimal, if any, and 
would fall well below the annual threshold established by UMRA 
($131 million in 2007, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1595 is shown in the following table. 
The costs of this legislation fall within budget function 800 
(general government).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Guam War-Claim Compensation
 Payments
    Estimated Authorization          100      26       0       0       0
     Level......................
    Estimated Outlays...........      80      40       6       0       0
Grant Program
    Estimated Authorization            5       0       0       0       0
     Level......................
    Estimated Outlays...........       1       1       1       1       1
    Total Changes
        Estimated Authorization      105      26       0       0       0
         Level..................
        Estimated Outlays.......      81      41       7       1       1
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted by the end of fiscal year 2007, that the 
authorized amounts will be provided each year, and that 
spending will follow historical patterns for similar programs.

Spending subject to appropriation

    CBO estimates that implementing H.R. 1595 would cost about 
$130 million over the 2008-2012 period, assuming appropriation 
of the authorized amounts.
    Guam War-Claim Compensation Payments. H.R. 1595 would 
authorize the appropriation of $126 million for the Department 
of the Treasury to make compensation payments to the residents 
of Guam for deaths and injuries suffered during the Japanese 
occupation of the island in World War II. The Foreign Claims 
Settlement Commission, an agency within the Department of 
Justice, would adjudicate such claims including promulgating 
rules and regulations as well as publicizing the program.
    Grant Program. Section 5 would authorize the appropriation 
of $5 million for the Department of the Interior to establish a 
grant program to support activities in memory of Guam's 
occupation during World War II.

Direct spending and revenues

    H.R. 1595 would establish civil and criminal penalties for 
false claims related to deaths and injuries suffered during the 
Japanese occupation of Guam during World War II. Thus, the 
federal government might collect additional fines if the bill 
is enacted. Collections of civil fines are recorded as revenues 
and deposited in the Treasury; collections of criminal fines 
are deposited in the Crime Victims Fund and later spent. CBO 
expects that any additional revenues and direct spending from 
enacting those provisions would be negligible.
    Estimated impact on State, local, and tribal governments: 
H.R. 1595 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on State, local, or tribal 
governments.
    Estimated impact on the private sector: H.R. 1595 contains 
a private-sector mandate as defined in UMRA. The bill would 
limit the fees payable to attorneys or others seeking to 
represent individuals who file a claim to receive money from 
the FCSC under this bill. Specifically, section 4(b)6 would 
limit fees for representational services to not more than 1 
percent of the amount that the claimant is paid. The limitation 
on representational fees is a private-sector mandate as defined 
in UMRA. Because the claimants in this program would be a new 
source of business generated under the bill, representatives 
would not lose fees that they could have collected in the 
absence of the bill. CBO therefore estimates that the cost to 
comply with the mandate would be minimal, if any, and would 
fall well below the annual threshold established by UMRA ($131 
million in 2007, adjusted annually for inflation).
    Estimate prepared by: Federal costs: Matthew Pickford; 
Impact on State, local, and tribal governments: Marjorie 
Miller; Impact on the private sector: Jacob Kuipers.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 1595 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or (f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
