HR 44 IH
111th CONGRESS
1st Session
H. R. 44
To implement the recommendations of the Guam War Claims Review Commission.
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Ms. BORDALLO (for herself, Mr. HOYER, Mr. RAHALL, Mrs. CHRISTENSEN, Mr. SABLAN, Mr. YOUNG of Alaska, Mr. CONYERS, Mr. SENSENBRENNER, Mr. FALEOMAVAEGA, Ms. ROS-LEHTINEN, Mr. CLYBURN, Mr. LARSON of Connecticut, Mr. BECERRA, Mr. HONDA, Mr. SKELTON, Mr. DINGELL, Mr. GEORGE MILLER of California, Mr. WAXMAN, Mr. KILDEE, Mr. BURTON of Indiana, Ms. KAPTUR, Mr. LEVIN, Mr. ORTIZ, Mr. COSTELLO, Mr. LEWIS of Georgia, Mr. ABERCROMBIE, Mrs. LOWEY, Mr. PALLONE, Mr. SERRANO, Mr. ANDREWS, Ms. DELAURO, Ms. NORTON, Mr. BARTLETT, Mr. BISHOP of Georgia, Ms. ESHOO, Mr. FARR, Mr. FILNER, Mr. HASTINGS of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. NADLER of New York, Mr. SCOTT of Virginia, Mr. THOMPSON of Mississippi, Ms. WOOLSEY, Mr. CUMMINGS, Ms. HARMAN, Ms. JACKSON-LEE of Texas, Mr. JONES, Ms. ZOE LOFGREN of California, Mrs. CAPPS, Mr. HINOJOSA, Ms. KILPATRICK of Michigan, Ms. LEE of California, Mrs. MCCARTHY of New York, Mr. MCINTYRE, Mr. PASCRELL, Ms. LORETTA SANCHEZ of California, Mrs. TAUSCHER, Mr. BACA, Ms. BALDWIN, Ms. BERKLEY, Mr. MOORE of Kansas, Mrs. NAPOLITANO, Mr. WU, Mr. ISRAEL, Mr. LANGEVIN, Mr. REHBERG, Ms. SOLIS of California, Ms. WATSON, Mr. WILSON of South Carolina, Mr. ALEXANDER, Mr. BUTTERFIELD, Mr. CARDOZA, Mr. GRIJALVA, Mr. MICHAUD, Mr. SCOTT of Georgia, Mr. CUELLAR, Ms. CLARKE, Mrs. GILLIBRAND, Mr. AL GREEN of Texas, Mr. HARE, Ms. HIRONO, Mr. LOEBSACK, Mr. MURPHY of Connecticut, and Ms. RICHARDSON) introduced 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 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. 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.
Full Text of Legislation