,i #aacth ,,congress #ast ,session ,h4 ,r4 #dd ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjac ,ms4 ,bordallo 7for herself1 ,mr4 ,andrews1 ,mrs4 ,christensen1 ,mr4 ,faleomavaega1 ,ms4 ,norton1 ,mr4 ,pierluisi1 ,mr4 ,rahall1 ,mr4 ,sablan1 ,mr4 ,young of ,alaska1 ,mr4 ,hoyer1 and ,mr4 ,michaud7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to implement the recommendations of the ,guam ,war ,claims ,review ,commission4 #a4 ,short title ,this ,act may be cited as the ,guam ,world ,war ,,ii ,loyalty ,recognition ,act4 #b4 ,recognition of the suffering and loyalty of the residents of ,guam 7a7 ,recognition of the ,suffering of the ,residents of ,guam ,the ,united ,states recognizes that1 as described by the ,guam ,war ,claims ,review ,commission1 the residents of ,guam1 on account of their ,united ,states nationality1 suffered unspeakable harm as a result of the occupation of ,guam by ,imperial ,japanese military forces during ,world ,war ,,ii1 by being subjected to death1 rape1 severe personal injury1 personal injury1 forced labor1 forced march1 or internment4 7b7 ,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 ,states1 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 ,,ii4 #c4 ,guam ,world ,war ,,ii ,claims ,fund 7a7 ,establishment of fund ,the ,secretary of the ,treasury shall establish in the ,treasury of the ,united ,states a special fund 7in this ,act referred to as the ,claims ,fund7 for the payment of claims submitted by compensable ,guam victims and survivors of compensable ,guam decedents in accordance with sections #d and #e4 7b7 ,composition of fund ,the ,claims ,fund established under subsection 7a7 shall be composed of amounts deposited into the ,claims ,fund under subsection 7c74 7c7 ,payment of certain duties1 taxes1 and fees collected from ,guam deposited into fund 7#a7 ,in general ,notwithstanding section #cj of the ,organic ,act of ,guam 7#dh ,u4,s4,c4 #adba;h71 the excess of-- 7,a7 any amount of duties1 taxes1 and fees collected under such section after fiscal year #bjab1 over 7,b7 the amount of duties1 taxes1 and fees collected under such section during fiscal year #bjab1 shall be deposited into the ,claims ,fund4 7#b7 ,application ,paragraph 7#a7 shall not apply after the date for which the ,secretary of the ,treasury determines that all payments required to be made under section #d have been made4 7d7 ,limitation on payments made from fund 7#a7 ,in general ,no payment may be made in a fiscal year under section #d until funds are deposited into the ,claims ,fund in such fiscal year under subsection 7c74 7#b7 ,amounts ,for each fiscal year in which funds are deposited into the ,claims ,fund under subsection 7c71 the total amount of payments made in a fiscal year under section #d may not exceed the amount of funds available in the ,claims ,fund for such fiscal year4 7e7 ,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 #e 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 ,act4 ,the amounts so deducted shall be covered into the ,treasury as miscellaneous receipts4 #d4 ,payments for ,guam ,world ,war ,,ii claims 7a7 ,payments for ,death1 ,personal ,injury1 ,forced ,labor1 ,forced ,march1 and ,internment ,after the ,secretary of the ,treasury receives the certification from the ,chairman of the ,foreign ,claims ,settlement ,commission as required under section #d7;b77#h71 the ,secretary of the ,treasury shall make payments to compensable ,guam victims and survivors of a compensable ,guam decedents as follows3 7#a7 ,compensable ,guam victim ,before making any payments under paragraph 7#b71 the ,secretary shall make payments to compensable ,guam victims as follows3 7,a7 ,in the case of a victim who has suffered an injury described in subsection 7c77#b77;,a71 #ae1jjj4 7,b7 ,in the case of a victim who is not described in subparagraph 7,a71 but who has suffered an injury described in subsection 7c77#b77;,b71 #ab1jjj4 7,c7 ,in the case of a victim who is not described in subparagraph 7,a7 or 7,b71 but who has suffered an injury described in subsection 7c77#b77;,c71 #aj1jjj4 7#b7 ,survivors of compensable ,guam decedents ,in the case of a compensable ,guam decedent1 the ,secretary shall pay #be1jjj for distribution to survivors of the decedent in accordance with subsection 7b74 ,the ,secretary shall make payments under this paragraph only after all payments are made under paragraph 7#a74 7b7 ,distribution of ,survivor ,payments ,a payment made under subsection 7a77#b7 to the survivors of a compensable ,guam decedent shall be distributed as follows3 7#a7 ,in the case of a decedent whose spouse is living as of the date of the enactment of this ,act1 but who had no living children as of such date1 the payment shall be made to such spouse4 7#b7 ,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 date1 #ej percent of the payment shall be made to the spouse and #ej percent shall be made to such children1 to be divided among such children to the greatest extent possible into equal shares4 7#c7 ,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 date1 the payment shall be made to such children1 to be divided among such children to the greatest extent possible into equal shares4 7#d7 ,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 date1 but who-- 7,a7 had a parent who is living as of such date1 the payment shall be made to the parent2 or 7,b7 had two parents who are living as of such date1 the payment shall be divided equally between the parents4 7#e7 ,in the case of a decedent whose spouse is not living as of the date of the enactment of this ,act1 who had no living children as of such date1 and who had no parents who are living as of such date1 no payment shall be made4 7c7 ,definitions ,for purposes of this ,act3 7#a7 ,compensable ,guam decedent ,the term compensable ,guam decedent means an individual determined under section #e 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 ,,ii1 or incident to the liberation of ,guam by ,united ,states military forces1 and whose death would have been compensable under the ,guam ,meritorious ,claims ,act of #aide 7,public ,law #gi-bbd7 if a timely claim had been filed under the terms of such ,act4 7#b7 ,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 #e to have suffered1 as a result of the attack and occupation of ,guam by ,imperial ,japanese military forces during ,world ,war ,,ii1 or incident to the liberation of ,guam by ,united ,states military forces1 any of the following3 7,a7 ,rape or severe personal injury 7such as loss of a limb1 dismemberment1 or paralysis74 7,b7 ,forced labor or a personal injury not under subparagraph 7,a7 7such as disfigurement1 scarring1 or burns74 7,c7 ,forced march1 internment1 or hiding to evade internment4 7#c7 ,definitions of severe personal injuries and personal injuries ,not later than #ahj days after the date of the enactment of this ,act1 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 7,a7 and 7,b71 respectively1 of paragraph 7#b74 #e4 ,adjudication 7a7 ,authority of ,foreign ,claims ,settlement ,commission 7#a7 ,in general ,the ,foreign ,claims ,settlement ,commission shall adjudicate claims and determine the eligibility of individuals for payments under section #d4 7#b7 ,rules and regulations ,not later than #ahj days after the date of the enactment of this ,act1 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 ,act4 7b7 ,claims ,submitted for ,payments 7#a7 ,submittal of claim ,for purposes of subsection 7a77#a7 and subject to paragraph 7#b71 the ,foreign ,claims ,settlement ,commission may not determine an individual is eligible for a payment under section #d unless the individual submits to the ,commission a claim in such manner and form and containing such information as the ,commission specifies4 7#b7 ,filing period for claims and notice 7,a7 ,filing period ,an individual filing a claim for a payment under section #d 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 7,b74 7,b7 ,notice of filing period ,not later than #ahj days after the date of the enactment of this ,act1 the ,foreign ,claims ,settlement ,commission shall publish a notice of the deadline for filing a claim described in subparagraph 7,a7-- 7i7 in the ,federal ,register2 and 7ii7 in newspaper1 radio1 and television media in ,guam4 7#c7 ,adjudicatory decisions ,the decision of the ,foreign ,claims ,settlement ,commission on each claim filed under this ,act shall-- 7,a7 be by majority vote2 7,b7 be in writing2 7,c7 state the reasons for the approval or denial of the claim2 and 7,d7 if approved1 state the amount of the payment awarded and the distribution1 if any1 to be made of the payment4 7#d7 ,deductions in payment ,the ,foreign ,claims ,settlement ,commission shall deduct1 from a payment made to a compensable ,guam victim or survivors of a compensable ,guam decedent under this section1 amounts paid to such victim or survivors under the ,guam ,meritorious ,claims ,act of #aide 7,public ,law #gi-bbd7 before the date of the enactment of this ,act4 7#e7 ,interest ,no interest shall be paid on payments made by the ,foreign ,claims ,settlement ,commission under section #d4 7#f7 ,limited compensation for provision of representational services 7,a7 ,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 void4 7,b7 ,penalties ,whoever demands or receives any compensation in excess of the amount allowed under subparagraph 7,a7 shall be fined not more than #e1jjj or imprisoned not more than one year1 or both4 7#g7 ,appeals and finality ,objections and appeals of decisions of the ,foreign ,claims ,settlement ,commission shall be to the ,commission1 and upon rehearing1 the decision in each claim shall be final1 and not subject to further review by any court or agency4 7#h7 ,certifications for payment ,after a decision approving a claim becomes final1 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 #d4 7#i7 ,treatment of affidavits ,for purposes of section #d and subject to paragraph 7#b71 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 documentation1 except as the ,commission may otherwise require4 ,such material facts shall include1 with respect to a claim for a payment made under section #d7;a71 a detailed description of the injury or other circumstance supporting the claim involved1 including the level of payment sought4 7#aj7 ,release of related claims ,acceptance of a payment under section #d 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 victim1 respectively1 arising under the ,guam ,meritorious ,claims ,act of #aide 7,public ,law #gi-bbd71 the implementing regulations issued by the ,united ,states ,navy pursuant to such ,act 7,public ,law #gi-bbd71 or this ,act4 #f4 ,grants program to memorialize the occupation of ,guam during ,world ,war ,,ii 7a7 ,establishment ,subject to subsection 7b71 the ,secretary of the ,interior shall establish a grant program under which the ,secretary shall award grants for research1 educational1 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-- 7#a7 memorialize the events surrounding such occupation2 or 7#b7 honor the loyalty of the people of ,guam during such occupation4 7b7 ,eligibility ,the ,secretary of the ,interior may not award a grant under subsection 7a7 unless the person seeking the grant submits an application to the ,secretary for such grant1 in such time1 manner1 and form and containing such information as the ,secretary specifies4 #g4 ,authorization of appropriations 7a7 ,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 ,act1 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 #d and #e4 ,amounts appropriated under this section may remain available until expended4 7b7 ,guam ,world ,war ,,ii ,grants ,program ,for purposes of carrying out section #f1 there are authorized to be appropriated #e1jjj1jjj for each fiscal year beginning after the date of the enactment of this ,act4