[House Report 116-149]
[From the U.S. Government Publishing Office]


116th Congress }                                          { REPOPRT
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 116-149

======================================================================
 
    TO MAKE TECHNICAL CORRECTIONS TO THE GUAM WORLD WAR II LOYALTY 
                            RECOGNITION ACT

                                _______
                                

 July 11, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 1365]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1365) to make technical corrections to the Guam 
World War II Loyalty Recognition Act, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1365 is to make technical corrections 
to the Guam World War II Loyalty Recognition Act.

                  Background and Need for Legislation

    H.R. 1365 makes technical corrections to the Guam World War 
II Loyalty Recognition Act, (Title 17, Public Law 114-328) to 
address the insufficiency of the language in the original law 
that prevents the release of available funds that are being set 
aside to pay Guam WWII Survivor Claims.
    Congress enacted Public Law 107-333, in 2002, to establish 
the Guam War Claims Review Commission to review Guam war claims 
and ``determine whether there was parity of war claims paid to 
the residents of Guam under the Guam Meritorious Claims Act as 
compared with awards made to other similarly affected United 
States citizens or nationals in territory occupied by the 
Imperial Japanese military forces during World War II.''\1\ In 
June 2004, Congress received the final report from the Review 
Commission, which recommended that Congress acknowledge both 
the suffering of the Guamanians during the Japanese occupation 
and the loyalty shown to the United States during the war; and 
that Congress provide funding to pay compensation to eligible 
survivors for claims of death and personal injury.\2\
---------------------------------------------------------------------------
    \1\ Pub. L. No. 107-333, Sec.  5(4), 116 Stat. 2873, 2874 (2002).
    \2\ Guam War Claims Review Comm'n, Report on the Implementation of 
the Guam Meritorious Claims Act of 1945 (2004).
---------------------------------------------------------------------------
    In 2016, Congress enacted the Guam World War II Loyalty 
Recognition Act to provide for the adjudication of claims and 
for the payment of compensation as recommended by the 
Commission, as part of the FY 2016 National Defense 
Authorization Act.\3\ However, the operative language was 
mistakenly insufficient to allow the release of the funds set 
aside to pay the claims. H.R. 1365 consists of technical 
corrections to effectuate the Guam World War II Loyalty 
Recognition Act as intended.
---------------------------------------------------------------------------
    \3\Guam World War II Loyalty Recognition Act, Pub. L. No. 114-328, 
tit. 17, 130 Stat. 2000, 2641-47 (2016).
---------------------------------------------------------------------------

                            Committee Action

    H.R. 1365 was introduced on February 26, 2019, by 
Representative Michael F.Q. San Nicolas (D-GU). The bill was 
referred solely to the Committee on Natural Resources. On June 
19, 2019, the Natural Resources Committee met to consider the 
bill. No amendments were offered. The bill was ordered 
favorably reported to the House of Representatives by voice 
vote.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 1365: full committee markup held on June 19, 
2019.

            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.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                 6602U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 10, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1365, a bill to 
make technical corrections to the Guam World War II Loyalty 
Recognition Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
            Enclosure.

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
            

    H.R. 1365 would authorize a portion of customs duties and 
federal income taxes collected in Guam to be spent to 
compensate certain residents and surviving family members for 
their treatment during the island's occupation by Japanese 
military forces during World War II. Those customs duties and 
income taxes are currently deposited in the Treasury as 
miscellaneous receipts.
    Using information from the Department of Justice about how 
much compensation is due, CBO estimates that enacting H.R. 1365 
would increase direct spending by $40 million for compensation 
payments as funds become available over the 2020-2023 period.
    The costs of the legislation (detailed in Table 1) fall 
within budget function 800 (general government).

                         TABLE 1--ESTIMATED INCREASES IN DIRECT SPENDING UNDER H.R. 1365
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2019    2020    2021    2022    2023    2024   2019-2024
----------------------------------------------------------------------------------------------------------------
              Estimated Budget Authority                    0      12      12      12       4       0        40
                  Estimated Outlays                         0      12      12      12       4       0        40
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill is to make technical corrections to the 
Guam World War II Loyalty Recognition Act.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    This bill contains no unfunded mandates.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017


(Public Law 114-328)

           *       *       *       *       *       *       *


DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

           *       *       *       *       *       *       *


TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

           *       *       *       *       *       *       *


SEC. 1703. 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 title 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 1704 and 1705.
  (b) Composition of Fund.--The Claims Fund established under 
subsection (a) shall be composed of amounts deposited into the 
Claims Fund under subsection (c) and any other payments made 
available for the payment of claims under this title.
  (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 
                2014, over
                  (B) the amount of duties, taxes, and fees 
                collected under such section during fiscal year 
                2014,
        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 1704 have been made.
  (d) Limitation on Payments Made From Fund.--
          (1) In general.--No payment may be made in a fiscal 
        year under section 1704 until funds are deposited into 
        the Claims Fund in such fiscal year under subsection 
        (c).
          (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 1704 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] not to 
exceed 5 percent of such amounts as reimbursement 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 title. The amounts so deducted shall 
be [covered into the Treasury as miscellaneous receipts] used 
to reimburse the applicable appropriations.

SEC. 1704. 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 certification from the Chairman of the Foreign 
Claims Settlement Commission as required under section 
1705(b)(8), the Secretary of the Treasury shall make payments[, 
subject to the availably of appropriations,] from the Claims 
Fund to compensable Guam victims and survivors of a compensable 
Guam decedents as follows:
          (1) Compensable guam victim.--Before making any 
        payments under paragraph (2), the Secretary shall make 
        payments to compensable Guam victims as follows:
                  (A) In the case of a victim who has suffered 
                an injury described in subsection (c)(2)(A), 
                $15,000.
                  (B) In the case of a victim who is not 
                described in subparagraph (A), but who has 
                suffered an injury described in subsection 
                (c)(2)(B), $12,000.
                  (C) In the case of a victim who is not 
                described in subparagraph (A) or (B), but who 
                has suffered an injury described in subsection 
                (c)(2)(C), $10,000.
          (2) Survivors of compensable guam decedents.--In the 
        case of a compensable Guam decedent, the Secretary 
        shall pay $25,000 for distribution 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 a compensable Guam 
decedent shall be distributed as follows:
          (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 children, 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 extent 
        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--
                  (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 title:
          (1) Compensable guam decedent.--The term 
        ``compensable Guam decedent'' means an individual 
        determined under section 1705 to have been a resident 
        of Guam who died 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 who is not deceased 
        as of the date of the enactment of this Act and who is 
        determined under section 1705 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.--Not later than 180 days after the 
        date of the enactment of this Act, the Foreign Claims 
        Settlement Commission shall promulgate regulations to 
        specify the injuries that constitute a severe personal 
        injury or a personal injury for purposes of 
        subparagraphs (A) and (B), respectively, of paragraph 
        (2).

           *       *       *       *       *       *       *


SEC. 1707. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Guam World War II Claims Payments and Adjudication.--For 
the purposes of carrying out sections 1704 and 1705, there is 
authorized to be appropriated for any fiscal year beginning 
after the date of enactment of this Act, an amount equal to the 
amount deposited into the Claims Fund in a fiscal year under 
section 1703. Not more than 5 percent of funds make available 
under this subsection shall be used for administrative costs. 
Amounts appropriated under this section may remain available 
until expended.]
  (b) Guam World War II Grants Program.--For purposes of 
carrying out section 1706, there are authorized to be 
appropriated $5,000,000 for each fiscal year beginning after 
the date of the enactment of this Act.

           *       *       *       *       *       *       *


        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]