[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5972 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5972

  To provide for the payment of compensation to members of the Armed 
Forces and civilian employees of the United States who, as prisoners of 
 war, performed slave labor for Japanese corporations during World War 
 II, to authorize the Secretary of Defense to accept contributions in 
order to provide additional compensation to such members and employees, 
  to encourage Japanese corporations that benefitted from the use of 
slave labor to make contributions for such additional compensation, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2006

 Mr. Hunter (for himself, Mr. Mica, Mr. Reyes, Mr. McIntyre, Mr. Smith 
  of New Jersey, Mr. Bilbray, Mr. Reynolds, Mr. Hall, Mr. Royce, Mr. 
 Renzi, Mr. Calvert, Mr. Hayworth, Mr. Rogers of Kentucky, Mr. Duncan, 
   Mr. Davis of Kentucky, Mr. Brown of South Carolina, Mr. Bass, Mr. 
 Kline, Mr. Castle, Mr. Cantor, Mr. Walden of Oregon, Mr. Rohrabacher, 
 Mr. Radanovich, Mr. Tiberi, Mr. Porter, Mr. Bradley of New Hampshire, 
 Mrs. Wilson of New Mexico, Mr. Weldon of Pennsylvania, Mr. Akin, Mr. 
Aderholt, Mr. Culberson, Mr. Poe, Mrs. Biggert, Mr. Wamp, Mr. Wolf, Mr. 
  Burton of Indiana, Ms. Pryce of Ohio, Mr. Everett, Mr. Souder, Mr. 
 Rogers of Alabama, Mr. Hoekstra, Mr. English of Pennsylvania, and Mr. 
   Gingrey) introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committees on 
      Veterans' Affairs and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To provide for the payment of compensation to members of the Armed 
Forces and civilian employees of the United States who, as prisoners of 
 war, performed slave labor for Japanese corporations during World War 
 II, to authorize the Secretary of Defense to accept contributions in 
order to provide additional compensation to such members and employees, 
  to encourage Japanese corporations that benefitted from the use of 
slave labor to make contributions for such additional compensation, 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 USED AS SLAVE LABOR BY JAPANESE CORPORATIONS DURING 
              WORLD WAR II.

    (a) Findings.--Congress makes the following findings:
            (1) During World War II, members of the United States Armed 
        Forces fought valiantly against Japanese military forces in the 
        Pacific. In particular, from December 1941 until May 1942, 
        United States military personnel fought courageously against 
        overwhelming Japanese military forces 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 decisive military victory in the Pacific during World War II.
            (2) During initial military actions in the Philippines, 
        United States troops 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 Americans 
        died during the march, known as the ``Bataan Death March'', and 
        during subsequent imprisonment as a result of starvation, 
        disease, and executions.
            (3) The treatment of members of the Armed Forces who were 
        held as prisoners of war in the Pacific Theater during World 
        War II was so egregious that more than 40 percent of the 
        prisoners of war died while imprisoned.
            (4) Beginning in January 1942, the Japanese military began 
        transporting United States prisoners of war to Japan, Taiwan, 
        Manchuria, and Korea to perform slave labor to support Japanese 
        war industries. Many of the unmarked merchant vessels in which 
        the prisoners were transported, called ``Hell Ships'', were 
        attacked by American naval and air forces, which, according to 
        some estimates, resulted in more than 3,600 American 
        fatalities.
            (5) Following the conclusion of World War II, the United 
        States Government agreed to pay compensation to United States 
        ex-prisoners of war amounting to $2.50 per day of imprisonment. 
        This compensation was to be paid from Japanese assets frozen by 
        the United States Government. However, the compensation could 
        never fully compensate those ex-prisoners of war for the 
        sacrifice they endured. Neither the Government of Japan nor any 
        Japanese corporation admits any liability requiring payment or 
        compensation.
            (6) Other Allied nations, including Canada, the United 
        Kingdom, and the Netherlands, have authorized payment of 
        gratuities to their surviving veterans who were captured by the 
        Japanese during World War II and required to perform slave 
        labor.
    (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 made to perform slave labor for Japanese 
corporations during World War II.
    (c) Definitions.--In this section
            (1) Selected veteran or civilian internee.--The term 
        ``selected veteran or civilian internee'' means any individual 
        who--
                    (A) 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;
                    (B) served in or with United States combat forces 
                during World War II;
                    (C) was captured and held as a prisoner of war or 
                prisoner by Japan in the course of such service; and
                    (D) was forced to perform slave labor during World 
                War II for one or more Japanese corporations.
            (2) Slave labor.--The term ``slave labor'' means forced 
        servitude under conditions of subjugation.
    (d) Payment of Compensation.--As soon as practicable after the end 
of the period specified in subsection (e)(1), the Secretary of Defense 
shall pay compensation to each living selected veteran or civilian 
internee whose application for compensation under this section is 
approved by the Secretary.
    (e) Acceptance of Contributions for Compensation.--
            (1) Authority to accept contributions.--During the period 
        beginning on the date of the enactment of this Act and ending 
        on December 31, 2007, the Secretary of Defense may accept, 
        hold, and administer any gift, devise, or bequest of money made 
        by any person on the condition that the gift, devise, or 
        bequest be used to provide compensation under this section to a 
        selected veteran or civilian internee.
            (2) Deposit.--Amounts received as contributions under this 
        subsection shall be deposited in the Department of Defense 
        General Gift Fund established pursuant to section 2601 of title 
        10, United States Code. Such amounts shall be accounted for 
        separately from other amounts in that fund.
            (3) Acceptance of certain contributions prohibited.--A gift 
        may not be accepted under this subsection--
                    (A) if the gift is designated for a specific 
                selected veteran or civilian internee;
                    (B) if the Secretary of Defense determines that the 
                acceptance of the gift would reflect unfavorably on the 
                ability of the Department of Defense, any employee of 
                the Department, or any member of the Armed Forces to 
                carry out any responsibility or duty in a fair and 
                objective manner; or
                    (C) if the Secretary determines that the use of the 
                gift would compromise the integrity or appearance of 
                integrity of any program of the Department of Defense 
                or any individual involved in such a program.
            (4) Treatment of contributions.--The making of a 
        contribution under this subsection by any person is wholly 
        voluntary and, in no way, may the existence of such a 
        contribution be used as a matter of proof in any civil 
        litigation.
    (f) Amount of Compensation.--The amount of compensation paid to 
each living selected veteran or civilian internee whose application for 
compensation is approved by the Secretary of Defense shall be equal to 
the sum of the following:
            (1) An equal share of the funds appropriated to the 
        Secretary to provide compensation under this section, but not 
        to exceed $20,000 per selected veteran or civilian internee.
            (2) An equal share of the amounts received as contributions 
        under subsection (e).
    (g) Rebuttable Presumption of Eligibility.--An application for 
compensation submitted under this section by or on behalf of an 
individual seeking recognition as a selected veteran or civilian 
internee under this section is subject to a rebuttable presumption that 
the individual is a selected veteran or civilian internee if the 
application on its face provides information sufficient to establish 
the individual as a selected veteran or civilian internee.
    (h) Relationship to Other Payments.--Any amount paid a selected 
veteran or civilian internee as compensation under this section is in 
addition to any other amount paid to the selected veteran or civilian 
internee under any other provision of law as compensation for the 
performance of slave labor during World War II.
    (i) Unavailability for Payment of Attorney Fees in Class Action 
Suits.--Amounts paid under this section may not be used for the payment 
of attorney fees incurred in any class action law suit seeking the 
payment of compensation for members of the Armed Forces and civilian 
employees of the United States captured by Japan and used as slave 
labor during World War II or a similar payment as a result of the 
performance of slave labor during World War II.
    (j) Sense of Congress Regarding Contributions by Certain Japanese 
Corporations.--
            (1) Sense of congress.--It is the sense of Congress that 
        the Japanese corporations specified in paragraph (2) that 
        benefitted from the use of captured members of the Armed Forces 
        and civilian employees of the United States as slave labor 
        during World War II should make contributions under subsection 
        (e) for the provision of compensation to each living selected 
        veteran or civilian internee under this section.
            (2) List of covered companies.--The Japanese corporations 
        known to have used captured members of the Armed Forces and 
        civilian employees of the United States as slave labor during 
        World War II are Asano Dockyard; Electric-Chemical Company; 
        Fujinagara Shipbuilding, Kobe; Furukawa Mining, Omine Machi; 
        Hitachi Shipbuilding; Hokkai Electric Chemical; Hokkaido Coal 
        (Sorachi Mining Co.); Imperial Special Copper Works, Noetsu; 
        Ishihara Industries, Narumi; Kajima Coal, Ohnoura; Kawaminami 
        Shipbuilding, Yahata; Kawasaki Heavy Industries, Kobe; 
        Kinkaseki Copper Mine, Formosa; Kobe Stevedore, Kobe; Kumagai 
        Enggr. Co.; Manshu Leather, Mukden Manchuria; Manshu Machinery, 
        Mukden; Manshu Tent; Meiji Mining; Mitsubishi Heavy Industries; 
        Mitsubishi Mining Co.; Mitsubishi Chemical; Mitsui Industries; 
        Mitsui Mining; Moji Transportation Association; Namura 
        Shipyards; Niigata Iron and Steel; Niigata Transport, Kawasaki; 
        Nippon Express; Nippon Ko-Kan (Japan Iron Co.); Nippon 
        Metallurgy; Nippon Mining; Nippon Soda; Nippon Steel Pipe; 
        Nippon Vehicles; Nisshin Mill; Nisshin Oil; Nittetsu Mining; 
        Ohsaka Shipbuilding; Radio Tokyo (government-operated); 
        Shinetsu Chemicals; Showa Electrical Engineering; Showa 
        Electrode (Showa Denko); Sorachi Mining Co.; Sumitomo Mining; 
        Taihoku Locomotive Works, Taiwan; Tobashima Construction Co.; 
        Tokyo-Shibaura Electric; Tsuruga Stevedore, Osaka; Tsurumi 
        Shipbuilding; Yawata Iron Works; Ohasi; and Yodogawa Steel.
                                 <all>