[House Report 109-437]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-437
HOUSE OF REPRESENTATIVES
2d Session Part 2
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GUAM WORLD WAR II LOYALTY RECOGNITION ACT
_______
June 9, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, 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 the Judiciary, 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. 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.--After receipt of certification pursuant to section
4(b)(8) and in accordance with this section, the Secretary of the
Treasury shall make the following payments:
(1) Survivors of residents who died in war.--In the case of a
compensable Guam decedent (as defined in subsection (c)(1)),
the Secretary shall pay $25,000 for distribution to eligible
survivors of the decedent as specified in subsection (b).
(2) Residents injured.--In the case of a compensable Guam
victim who is not deceased, the Secretary shall pay such victim
the following:
(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.
(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).
Payments under this section shall be treated for purposes of section
1304(a) of title 31, United States Code, as an award otherwise
authorized as law.
(b) Distribution of Survivor Payments.--Payments under paragraph (1)
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. 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 subsection (c) 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.
(c) Authorization for Appropriations.--There are authorized to be
appropriated $5,000,000, to remain available for obligation until
September 30, 2011, to carry out the grant program under this section.
In addition, the Secretary of the Interior may use unobligated funds
made available to the Secretary that may be used for such purpose to
carry out this section.
PURPOSE AND SUMMARY
H.R. 1595, the ``Guam World War II Loyalty Recognition
Act,'' as reported by the Resources Committee, authorizes the
United States Foreign Claims Settlement Commission (FCSC) to
set up a process to pay claims for death or injury during the
World War II Japanese occupation of Guam.\1\ Under this
legislation, claims will be paid for death, personal injury,
rape, forced labor, forced marching, and internment with the
payments derived from the Judgement Fund (31 U.S.C. Sec. 1304).
A second category of personal injury claims allows survivor
claimants, when the original claimant is deceased, to receive
$7,000 regardless of the severity of injury.
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\1\ See H.R. Rep. No. 109-437.
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BACKGROUND AND NEED FOR THE LEGISLATION
On December 8, 1941, Japan seized control of Guam from the
United States. On July 21, 1944, the United States liberated
Guam. On April 23, 1945, Congress passed the Guam Meritorious
Claims Act forming the Land and Claims Commission. As part of
its duties, the Commission reviewed and processed war claims by
Guam residents for loss and damage to real and personal
property and, in particular, for personal injury and death
claims. On December 16, 2002, the Guam War Claims Review
Commission Act was signed into law establishing the Guam War
Claims Review Commission.\2\ This commission concluded that the
residents of Guam were inequitably treated under the Guam
Meritorious Claims Act of 1945 as well as other Federal
programs created to address World War II personal injury claims
of American citizens and nationals. The Review Commission's
final report included a recommendation that Congress enact
legislation to provide additional compensation to the residents
of Guam who were killed or harmed and their survivors.
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\2\ Pub. L. No. 107-333.
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Under the recommended program, survivors of each resident
of Guam who died or was killed as a result of the attack and
occupation of Guam by Japan during World War II or incident to
the liberation of Guam by the United States and was compensable
under the Guam Meritorious Claims Act of 1945 would receive a
payment of $25,000. If a victim who was personally injured as a
result of the attack and occupation of Guam by Japan during
World War II or incident to the liberation of Guam by the U.S.
and was compensable under the Guam Meritorious Claims Act of
1945, suffered rape or severe personal injury (such as a loss
of limb, dismemberment, or paralysis), they would be eligible
to receive $15,000. If the victim suffered forced labor or a
personal injury such as disfigurement, scarring or burns, they
would be eligible to receive $12,000. Victims who suffered
forced marching, internment, or hiding to evade internment
would receive $10,000.
In the case of a survivor of a victim of personal injury,
forced labor, forced marching, internment or hiding to evade
internment, or a survivor, the payment would be $7,000. In the
case of survivors, payments will be made first to the spouse,
if there are no children. If there are surviving children and a
spouse, then the spouse would receive half of the payment and
the children would receive the remaining half of the payment.
If there is no living spouse, then the surviving children would
receive the payment. If there is no living spouse or child,
then any surviving parents would receive the payment. No claim
would be paid to any other survivor if there is no surviving
spouse, child, or parent. Any payments received under this
program would be reduced by any amounts previously paid to the
claimant under the Guam Meritorious Claims Act of 1945.
COMMITTEE CONSIDERATION
On June 7, 2006, the Committee met in open session and
ordered favorably reported the bill H.R. 1595 with an amendment
by voice vote, a quorum being present.
VOTE OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the committee consideration of
H.R. 1595.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives the new budgetary authority is
reflected in the Congressional Budget Office Cost Estimate
submitted in the subsequent portion of this committee report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1595, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
June 9, 2006.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1595, 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,
Donald B. Marron,
Acting Director.
Enclosure.
H.R. 1595--Guam World War II Loyalty Recognition Act
Summary: H.R. 1595 would require the Federal Government to
compensate Guam residents for their treatment 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 enacting this legislation would increase
direct spending by about $180 million over the 2007-2009 period
to make war-claim compensation payments. In addition, we
estimate that implementing the bill would cost $3 million in
2007 and $8 million over the 2007-2011 period, assuming
appropriation of the necessary amounts.
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. The bill would limit the amount of
compensation individuals can receive to represent claimants who
file for claims with the Foreign Claims Settlement Commission
under this bill. CBO estimates, however, that there would be no
cost to comply with the mandate.
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--
---------------------------------------
2007 2008 2009 2010 2011
------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Guam War-Claim Compensation
Payments:
Estimated Budget Authority.. 120 60 0 0 0
Estimated Outlays........... 100 68 12 0 0
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Foreign Claims Settlement
Commission:
Estimated Authorization 2 1 0 0 0
Level......................
Estimated Outlays........... 2 1 0 0 0
Grant Program:
Authorization Level......... 5 0 0 0 0
Estimated Outlays........... 1 1 1 1 1
Total Changes:
Estimated Authorization 7 1 0 0 0
Level..................
Estimated Outlays....... 3 2 1 1 1
------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that the
bill will be enacted at the end of fiscal year 2006, that the
necessary amounts will be provided each year, and that spending
will follow historical patterns for similar programs.
Direct spending
H.R. 1595 would authorize the Treasury to make payments to
the residents of Guam for deaths and injuries suffered during
Japanese occupation of the island in World War II. The Foreign
Claims Settlement Commission (FCSC), an agency within the
Department of Justice, would adjudicate such claims. Under the
bill, claimants would have one year to file with the FCSC. H.R.
1595 specifies war-claim compensation payments of $25,000 to
survivors of those who died during the war, $15,000 for
survivors who were raped or severely injured, $12,000 for those
who were forced into labor and suffered personal injury, and
$10,000 for survivors of a forced march or internment. Heirs of
deceased occupation survivors, including a spouse, child, or
parent, would be entitled to a payment of $7,000. In addition,
before making such payments, the FCSC would deduct amounts
previously paid under the Guam Meritorious Claims Act of 1945
(Guam Act). Using information from the Guam War Claims Review
Commission and the Foreign Claims Settlement Commission, CBO
estimates that about $10 million was previously paid under the
Guam Act.
Guam Population During Occupation. Based on census data
from 1940, CBO estimates that approximately 22,000 Guamanians
were living on the island when it was seized and occupied by
Japanese forces on December 10, 1941. The Guam War Claims
Review Commission reported that, during the 32-month
occupation, virtually the entire population was either
interned, in hiding to avoid capture, or subjected to forced
march at one time or another while under Japanese occupation
during World War II. Thus, for this estimate, we assume all
Guamanians enumerated in the 1940 census would be eligible for
war-claims compensation payments under H.R. 1595.
Death Benefit Payments. Using information from the Guam War
Claims Commission, it is generally accepted that approximately
1,000 Guamanians died during the war before the island was
declared secure and liberated by U.S. forces on August 10,
1944. H.R. 1595 would provide a $25,000 war-claim compensation
death payment to survivors of those Guamanians who perished
during the occupation. The number of possible survivors and
claimants is unknown. Using information from the National
Center of Health Statistics regarding survival probabilities,
however, CBO estimates that there are approximately 700
survivors of the 1,000 Guamanians who died during the Japanese
occupation. Under that assumption, war-claim compensation death
payments would cost about $18 million. (If all Guamanians who
perished during the occupation were to have survivors who
claimed the $25,000 payment, the costs could reach $25
million.)
Other Benefit Payments. In addition, CBO estimates that all
surviving Guamanians (around 21,000) who were located on the
island during the occupation would be eligible for payments of
$10,000 to $15,000 (depending upon the level of injury). Heirs
of those individuals could receive a payment of $7,000. There
is no information to determine the number of surviving
Guamanians from the time of the Japanese occupation, their
level of injury, or the number of heirs of such individuals.
Using information from the National Center for Health
Statistics concerning survival probabilities, CBO estimates
that there are 7,000 survivors of the occupation and about
12,000 heirs that would be eligible for payment. Using an
average payment of $12,500 for survivors and $7,000 for heirs,
CBO estimates that payments to those survivors and heirs would
cost about $170 million. (If all Guamanian survivors and heirs
claimed an average payment of $11,000, the costs could reach
$231 million.)
Total Benefit Payments. Using CBO's estimated claim
payments amounts under H.R. 1595 and accounting for the nominal
value of the previous war-claim payments of about$10 million,
CBO estimates that providing additional war-claims compensation under
H.R. 1595 would cost about $180 million. We expect that those payments
would be made over the 2007-2009 period because of the time required to
file, adjudicate, and process claims payments.
Spending subject to appropriation
CBO estimates that implementing H.R. 1595 would cost $8
million over the 2007-2011 period, assuming appropriation of
the estimated amounts.
Foreign Claims Settlement Commission. Section 4 would
require the FCSC to determine claim eligibility and payment
amounts. In addition to promulgating rules and regulations,
FCSC would be required to publicize the program. Based on
information from FCSC, CBO estimates that additional staffing
and administrative costs as well as a media campaign in Guam
would cost $3 million over the 2007-2008 period.
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. Assuming the appropriation of
the authorized amount, CBO estimates that implementing this
provision would cost $5 million over the 2007-2011 period.
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 other individuals
seeking to represent claimants who are eligible to receive
money from the Foreign Claims Settlement Commission 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 zero--clearly well below the
annual threshold established by UMRA ($128 million in 2006,
adjusted annually for inflation).
Previous CBO estimate: On February 3, 2006, CBO transmitted
a cost estimate for H.R. 1595, as ordered reported by the House
Committee on Resources on November 16, 2005. The two versions
of the legislation are identical and the estimated costs over
five years are the same. (The previous cost estimate assumed
enactment in 2006. We now assume spending would start in 2007.)
Estimate prepared by: Federal Costs: Matthew Pickford and
Kathy Ruffing. Impact on State, Local, and Tribal Governments:
Marjorie Miller. Impact on the Private Sector: Fatimot Ladipo.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1595 is intended to authorize the United States Foreign Claims
Settlement Commission to set up a claims process to pay Guam
claims for death or injury during the World War II Japanese
occupation of Guam.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in art. I, Sec. 8 of the Constitution.
SECTION-BY-SECTION ANALYSIS AND DISCUSSION
The following discussion describes the bill as reported by
the Committee.
Section 1. Short title; table of contents
Section 1 provides title of the bill and section headings
of legislation.
Section 2. Recognition of the suffering and loyalty of the residents of
Guam
Section 2 makes two statements recognizing the suffering
and hardships faced by the people of Guam during Japanese
occupation while also noting the loyalty of the residents of
Guam who endured while facing hardship.
Section 3. Payments for Guam World War II claims
Subsection (a) delineates the amounts that claimants may be
awarded, including heirs, at levels of $25,000, $15,000,
$12,000, $10,000, and $7,000. Payments of claims are made from
the judgment fund at the Department of Treasury.
Subsection (b) describes the order in which survivors of
deceased residents from the Japanese occupation are entitled to
payments. This approach to delineating the payments to
survivors is based in existing war claims law. Successor claims
have been allowed under 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, potential claimants have
been limited to parents, a spouse, or children.
Subsection (c) defines the various levels of payments that
apply to varying degrees of loss or suffering, which includes
rape, forced labor, and internment. The concept of including
``internment'' as a category for awards is based on both the
War Claims Act of 1948 and the Wake Island Amendment of 1962,
which authorized compensation for internment of civilians by
Japanese military forces during World War II.
Section 4. Adjudication
Subsection (a) specifically sets out the authority of the
Foreign Claims Settlement Commission at the Department of
Justice to handle the war claims. The rules and regulations of
the Settlement Commission relating to its work will be
available publicly. The work of the Settlement Commission will
be crucial to properly notifying potential claimants as well as
efficiently adjudicating the claims.
Subsection (b) delineates the modalities for the payment of
claims under the legislation. These include: the filing period;
the deductions in payment as it relates to Pub. L. No. 79-224;
the appeals process; the certification of payment process; and
penalties for false claims submitted.
Section 5. Grants program to memorialize the occupation of Guam during
World War II
Section 5 establishes a grant program for research,
educational and media activities that relate to properly
interpreting the causes and circumstances of the Japanese
military occupation of Guam. The Secretary of the Interior is
provided the authority to award the grants, which are
authorized to be appropriated at $5 million over five years.
CHANGES IN EXISTING LAW BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, if enacted, this legislation
would make no changes to existing law.