109 HR 5972 IH: To provide for the payment of compensation to members of U.S. House of Representatives 2006-07-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5972 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.

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.