[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3107 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3107
To require the payment of compensation to members of the Armed Forces
and civilian employees of the United States who were forced to perform
slave labor by the Imperial Government of Japan or by corporations of
Japan during World War II, or the surviving spouses of such members,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 10, 2008
Mr. Bingaman (for himself and Mr. Hatch) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To require the payment of compensation to members of the Armed Forces
and civilian employees of the United States who were forced to perform
slave labor by the Imperial Government of Japan or by corporations of
Japan during World War II, or the surviving spouses of such members,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE UNITED STATES CAPTURED BY JAPAN
AND FORCED TO PERFORM SLAVE LABOR DURING WORLD WAR II.
(a) Findings.--Congress makes the following findings:
(1) During World War II, members of the Armed Forces of the
United States fought valiantly against the Armed Forces of
Japan in the Pacific. In particular, from December 1941 until
May 1942, members of the Armed Forces of the United States
fought courageously against overwhelming Armed Forces of Japan
on Wake Island, Guam, the Philippine Islands, including the
Bataan Peninsula and Corregidor, and the Dutch East Indies,
thereby preventing Japan from accomplishing strategic
objectives necessary for achieving a preemptive military
victory in the Pacific during World War II.
(2) During initial military action in the Philippines,
members of the Armed Forces of the United States were ordered
to surrender on April 9, 1942, and were forced to march 65
miles to prison camps at Camp O'Donnell, Cabanatuan, and
Bilibid. More than 10,000 people of the United States died
during the march (known as the ``Bataan Death March'') and
during subsequent imprisonment as a result of starvation,
disease, and executions.
(3) Beginning in January 1942, the Armed Forces of Japan
began transporting United States prisoners of war to Japan,
Taiwan, Manchuria, and Korea to perform slave labor to support
Japanese industries. Many of the unmarked merchant vessels in
which the prisoners were transported (known as ``Hell Ships'')
were attacked by the Armed Forces of the United States, which,
according to some estimates, killed more than 3,600 people of
the United States.
(4) Following the conclusion of World War II, the
Government of the United States agreed to pay compensation to
former prisoners of war of the United States, amounting to
$2.50 per day of imprisonment. This compensation, paid from
assets of Japan frozen by the Government of the United States,
is wholly insufficient to compensate fully such former
prisoners of war for the conditions they endured. Neither the
Government of Japan nor any corporations of Japan admit any
liability requiring payment of compensation.
(5) Other countries, including Canada, the United Kingdom,
Isle of Man, Norway, the Netherlands, New Zealand, and
Australia have previously awarded such a compensation to their
surviving veterans who were captured by the Japanese during
World War II and required to perform slave labor. Currently,
the United States is the only Western Allied power that has not
awarded similar compensation to these distinguished heroes of
World War II who were prisoners of war of Japan.
(b) Purpose.--The purpose of this section is to recognize, by the
provision of compensation, the heroic contributions of the members of
the Armed Forces and civilian employees of the United States who were
captured by the Japanese military during World War II and denied their
basic human rights by being forced to perform slave labor by the
Imperial Government of Japan or by corporations of Japan during World
War II.
(c) Definitions.--In this section:
(1) Covered veteran or civilian internee.--The term
``covered veteran or civilian internee'' means any individual
who--
(A) is a citizen of the United States;
(B) was a member of the Armed Forces, a civilian
employee of the United States, or an employee of a
contractor of the United States during World War II;
(C) served in or with the Armed Forces during World
War II;
(D) was captured and held as a prisoner of war or
prisoner by Japan in the course of such service; and
(E) was required by the Imperial Government of
Japan, or one or more corporations of Japan, to perform
slave labor during World War II.
(2) Slave labor.--The term ``slave labor'' means forced
servitude under conditions of subjugation.
(d) Payment of Compensation Required.--
(1) In general.--Subject to the availability of
appropriated funds, the Secretary of Defense shall pay
compensation to each living covered veteran or civilian
internee, or to the surviving spouse of a covered veteran or
civilian internee, in the amount of $20,000.
(2) Rebuttable presumption.--An application for
compensation submitted under this section by or with respect to
an individual seeking treatment as a covered veteran or
civilian internee under this section is subject to a rebuttable
presumption that such individual is a covered veteran or
civilian internee if the application on its face provides
information sufficient to establish such individual as a
covered veteran or civilian internee.
(e) Relationship to Other Payments.--Any amount paid to a person
under this section for activity described in subsection (c)(1)(D) is in
addition to any other amount paid to such person for such activity
under any other provision of law.
(f) Inapplicability of Taxation or Attachment.--Any amount paid to
a person under this section shall not be subject to any taxation,
attachment, execution, levy, tax lien, or detention under any process
whatever.
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