Text: H.R.44 — 113th Congress (2013-2014)All Bill Information (Except Text)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 44 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                 H. R. 44

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2013

     Ms. Bordallo (for herself, Mr. Andrews, Mrs. Christensen, Mr. 
 Faleomavaega, Ms. Norton, Mr. Pierluisi, Mr. Rahall, Mr. Sablan, Mr. 
 Young of Alaska, Mr. Hoyer, and Mr. Michaud) 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.

    This Act may be cited as the ``Guam World War II Loyalty 
Recognition Act''.

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, 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. 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 
Act 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 4 and 5.
    (b) Composition of Fund.--The Claims Fund established under 
subsection (a) shall be composed of amounts deposited into the Claims 
Fund under subsection (c).
    (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 2012, over
                    (B) the amount of duties, taxes, and fees collected 
                under such section during fiscal year 2012,
        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 4 have been 
        made.
    (d) Limitation on Payments Made From Fund.--
            (1) In general.--No payment may be made in a fiscal year 
        under section 4 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 4 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 5 per cent 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 Act. The amounts so deducted 
shall be covered into the Treasury as miscellaneous receipts.

SEC. 4. 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 4(b)(8), the Secretary of the 
Treasury shall make payments 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 Act:
            (1) Compensable guam decedent.--The term ``compensable Guam 
        decedent'' means an individual determined under section 5 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 5 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. 5. ADJUDICATION.

    (a) Authority of Foreign Claims Settlement Commission.--
            (1) In general.--The Foreign Claims Settlement Commission 
        shall adjudicate claims and determine the eligibility of 
        individuals for payments under section 4.
            (2) Rules and regulations.--Not later than 180 days after 
        the date of the enactment of this Act, the Chairman of the 
        Foreign Claims Settlement Commission shall publish in the 
        Federal Register such rules and regulations as may be necessary 
        to enable the Commission to carry out the functions of the 
        Commission under this Act.
    (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 4 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.--
                    (A) Filing period.--An individual filing a claim 
                for a payment under section 4 shall file such claim not 
                later than one year after the date on which the Foreign 
                Claims Settlement Commission publishes the notice 
                described in subparagraph (B).
                    (B) Notice of filing period.--Not later than 180 
                days after the date of the enactment of this Act, the 
                Foreign Claims Settlement Commission shall publish a 
                notice of the deadline for filing a claim described in 
                subparagraph (A)--
                            (i) in the Federal Register; and
                            (ii) in newspaper, radio, and television 
                        media in Guam.
            (3) Adjudicatory decisions.--The decision of the Foreign 
        Claims Settlement Commission on each claim filed under this Act 
        shall--
                    (A) be by majority vote;
                    (B) be in writing;
                    (C) state the reasons for the approval or denial of 
                the claim; and
                    (D) if approved, 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 a payment made to a compensable 
        Guam victim or survivors of a compensable Guam decedent under 
        this section, amounts paid to such victim or survivors under 
        the Guam Meritorious Claims Act of 1945 (Public Law 79-224) 
        before the date of the enactment of this Act.
            (5) Interest.--No interest shall be paid on payments made 
        by the Foreign Claims Settlement Commission under section 4.
            (6) Limited compensation for provision of representational 
        services.--
                    (A) Limit on compensation.--Any agreement under 
                which an individual who provided representational 
                services to an individual who filed a claim for a 
                payment under this Act that provides for compensation 
                to the individual who provided such services in an 
                amount that is more than one percent of the total 
                amount of such payment shall be unlawful and void.
                    (B) Penalties.--Whoever demands or receives any 
                compensation in excess of the amount allowed under 
                subparagraph (A) shall be fined not more than $5,000 or 
                imprisoned not more than one year, 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 such decision to the 
        Secretary of the Treasury for authorization of a payment under 
        section 4.
            (9) Treatment of affidavits.--For purposes of section 4 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 the eligibility of such 
        individual for payment under such section as establishing a 
        prima facie case of the eligibility of the individual 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 for a payment made under 
        section 4(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 a payment 
        under section 4 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 to such Act (Public 
        Law 79-224), or this Act.

SEC. 6. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING 
              WORLD WAR II.

    (a) Establishment.--Subject to subsection (b), the Secretary of the 
Interior shall establish a grant program under which the Secretary 
shall award grants for research, educational, and media activities for 
purposes of appropriately illuminating and interpreting the causes and 
circumstances of the occupation of Guam during World War II and other 
similar occupations during the war that--
            (1) memorialize the events surrounding such occupation; or
            (2) honor the loyalty of the people of Guam during such 
        occupation.
    (b) Eligibility.--The Secretary of the Interior may not award a 
grant under subsection (a) unless the person seeking the grant submits 
an application to the Secretary for such grant, in such time, manner, 
and form and containing such information as the Secretary specifies.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Guam World War II Claims Payments and Adjudication.--There are 
authorized to be appropriated for any fiscal year beginning after the 
date of the enactment of this Act, such sums as may be necessary to 
enable the Commission and the Treasury Department to pay their 
respective administrative expenses incurred in carrying out their 
functions under sections 4 and 5. Amounts appropriated under this 
section may remain available until expended.
    (b) Guam World War II Grants Program.--For purposes of carrying out 
section 6, there are authorized to be appropriated $5,000,000 for each 
fiscal year beginning after the date of the enactment of this Act.
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