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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\
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\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).
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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.
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\3\Guam World War II Loyalty Recognition Act, Pub. L. No. 114-328,
tit. 17, 130 Stat. 2000, 2641-47 (2016).
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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]