H.R. 44House111th Congress (2009-2011)Passed House

Guam World War II Loyalty Recognition Act

Introduced January 6, 2009

Legislative Activity

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13 earlier actions
SenateIntro Referral Latest Action

Referred to the Committee on the Judiciary.

March 5, 2009

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HouseIntro Referral

Introduced in House

January 6, 2009

HouseIntro Referral

Referred to the House Committee on Natural Resources.

January 6, 2009

HouseCommittee

Referred to the Subcommittee on Insular Affairs, Oceans and Wildlife.

February 4, 2009

HouseFloor

Ms. Bordallo moved to suspend the rules and pass the bill.

February 23, 2009 • 2:14 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H1610-1616)

February 23, 2009 • 2:14 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 44.

February 23, 2009 • 2:14 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

February 23, 2009 • 2:55 PM

HouseFloor

Considered as unfinished business. (consideration: CR H1635-1636)

February 23, 2009 • 7:01 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 299 - 99 (Roll no. 73).(text: CR H1610-1612)

February 23, 2009 • 7:10 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 299 - 99 (Roll no. 73). (text: CR H1610-1612)

February 23, 2009 • 7:10 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 23, 2009 • 7:10 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

February 24, 2009

SenateCommittee

Senate Committee on Energy and Natural Resources discharged by Unanimous Consent.

March 5, 2009

SenateIntro Referral

Referred to the Committee on the Judiciary.

March 5, 2009

Floor Debate

22 members

What members said about H.R. 44 on the floor

7 Republicans15 Democrats
Howard P. "Buck" McKeon
Rep. Howard P. "Buck" McKeonR-CA-25 · Jun 25, 2009

Mr. Chairman, I yield myself such time as I may consume. While I will not oppose the amendment offered by the gentleman from Mississippi contained in this bloc, I claim the time in opposition to…

Ike Skelton
Rep. Ike SkeltonD-MO-4 · Jun 25, 2009

Mr. Chairman, I urge the committee to adopt the amendments en bloc, all of which have been examined by both the majority and minority. I yield 2 minutes to my friend, who is on the Armed Services…

John Campbell
Rep. John CampbellR-CA-48 · Mar 5, 2009

Madam Speaker, from February 3, 2009, to March 4, 2009, I missed Roll Call votes 47-96. Unfortunately, I underwent a surgical procedure and was in California recuperating. Had I been here, I would…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jun 25, 2009

I thank the distinguished gentleman for yielding and for his help and the chairman's help in making this amendment, my amendment, part of the en bloc amendment. This amendment requires the Department…

Ike Skelton
Rep. Ike SkeltonD-MO-4 · Oct 8, 2009

Mr. Speaker, pursuant to House Resolution 808, I call up the conference report on the bill (H.R. 2647) to authorize appropriations for fiscal year 2010 for military activities of the Department of…

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Rush Holt
Rep. Rush HoltD-NJ-12 · Jun 25, 2009

Mr. Chairman, I have an amendment at the desk. I particularly want to thank the distinguished chairman of the committee, our friend, Mr. Skelton, for his support of this amendment. It is identical to…

Howard P. "Buck" McKeon
Rep. Howard P. "Buck" McKeonR-CA-25 · Oct 8, 2009

Mr. Speaker, as legislators, we meet once again to address a wide range of important national security activities undertaken by the Departments of Defense and Energy. We all take our legislative…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Jun 25, 2009

I thank the gentleman for yielding, and I rise in strong support of a great bill, the fiscal year 2010 National Defense Authorization Act. Additionally, Mr. Chairman, I'm proud that the language I…

Madeleine Z. Bordallo
Rep. Madeleine Z. BordalloD-GU · Feb 23, 2009

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 44) to implement the recommendations of the Guam War Claims Review Commission. Mr. Speaker, I ask unanimous consent that all Members…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Jun 25, 2009

Mr. Chairman, I have a amendment at the desk, No. 39. Thank you, Mr. Chairman. This amendment would establish an overseas voting advisory board to provide guidance and oversight to the Federal Voting…

Daniel Lipinski
Rep. Daniel LipinskiD-IL-3 · Jun 25, 2009

I want to thank Chairman Skelton for accepting my amendment. My amendment encourages DOD to act to recover the remains of 564 brave men who died in the Battle of Tarawa but are still unaccounted for.…

Edolphus Towns
Rep. Edolphus TownsD-NY-10 · Jun 25, 2009

Mr. Chair, I rise to note my concerns about the Grayson amendment to H.R. 2647, the National Defense Authorization Act for Fiscal Year 2010. As Chair of the Committee on Oversight and Government…

Scott Garrett
Rep. Scott GarrettR-NJ-5 · Jun 25, 2009

Mr. Chairman, I thank the ranking member and the Chair for the inclusion of our amendment with regard to Israel in the underlying bill. I would like to speak for a minute with regard to one of our…

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Geoff Davis
Rep. Geoff DavisR-KY-4 · Jun 25, 2009

Mr. Chairman, today I offer an amendment that will enable our Nation to more effectively plan and execute national security and interagency operations. To enhance our national security, we must be…

Joe Wilson
Rep. Joe WilsonR-SC-2 · Feb 23, 2009

Mr. Speaker, it is my honor to join in supporting H.R. 44. This bill had actually passed the House last year with bipartisan support. I want to commend the Congresswoman from Guam for her leadership…

Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · Feb 23, 2009

I thank the gentlelady. Mr. Speaker, I rise today in strong support of H.R. 44, the Guam World War II Loyalty Recognition Act. I certainly want to thank Chairman Nick Rahall of our Natural Resources…

Timothy J. Walz
Rep. Timothy J. WalzD-MN-1 · Jun 25, 2009

I want to thank the chairman and the ranking member for crafting a bill to keep this Nation safe and provide care for our warriors and their families. I would also like to thank you for accepting…

Pedro R. Pierluisi
Rep. Pedro R. PierluisiD-PR · Feb 23, 2009

Mr. Speaker, I rise in strong support of H.R. 44. I want to begin by commending the gentlelady from Guam (Ms. Bordallo), who has worked tirelessly for years to steer this important bill through the…

Adam B. Schiff
Rep. Adam B. SchiffD-CA-29 · Jun 25, 2009

I am very grateful to the gentleman and want to speak very briefly on an amendment I've introduced to authorize NASA's federally funded research and development centers to participate in DOD research…

Neil Abercrombie
Rep. Neil AbercrombieD-HI-1 · Feb 23, 2009

Mr. Speaker, I rise today to support legislation that has been introduced by my colleague, Congresswoman Bordallo. H.R. 44, the Guam World War II Loyalty Recognition Act, would honor the residents of…

John F. Tierney
Rep. John F. TierneyD-MA-6 · Jun 25, 2009

I want to thank the chairman for the time and for the bill that he has put on the floor today. I rise in support of this en bloc amendment, particularly because it includes two amendments that were…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Jun 25, 2009

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, this amendment would clarify that section 526 of the Energy Independence and Security Act does not…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Jun 25, 2009

Let me thank the leadership of the committee for this fine bill. My amendment requires the Department of Defense to report on the need for and availability of mental health care services for…

Parker Griffith
Rep. Parker GriffithR-AL-5 · Jun 25, 2009

Thank you, Mr. Chairman. I rise today in support of my amendment in the en bloc amendments to the National Defense Authorization Act. This amendment will require the Quadrennial Defense Review to be…

Bill Text

4 versions available

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Latest
Reference Change SenateIssued March 5, 2009

II

111th CONGRESS

1st Session

H. R. 44

IN THE SENATE OF THE UNITED STATES

February 24, 2009

Received; read twice and referred to the Committee on Energy and Natural Resources

March 5, 2009

Committee discharged; referred to the Committee on the Judiciary

AN ACT

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

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.

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.

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).

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. The Foreign Claims Settlement Commission shall provide for the notice required under the previous sentence not later than 180 days after the date of the enactment of this Act. 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.

5.

Grants program to memorialize the occupation of Guam during World War II

(a)

Establishment

Subject to section 6(b) 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.

6.

Authorization of appropriations

(a)

Guam World War II Claims Payments and Adjudication

For purposes of carrying out sections 3 and 4, there are authorized to be appropriated $126,000,000, to remain available for obligation until September 30, 2013, to the Foreign Claims Settlement Commission. Not more than 5 percent of funds made available under this subsection shall be used for administrative costs.

(b)

Guam World War II Grants Program

For purposes of carrying out section 5, there are authorized to be appropriated $5,000,000, to remain available for obligation until September 30, 2013.

Passed the House of Representatives February 23, 2009.

Lorraine C. Miller,

Clerk.