[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3811 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3811

 To require the payment of compensation to members of the Armed Forces 
 and civilian employees of the United States who performed slave labor 
 for Japanese industries during World War II, or the surviving spouses 
                of such members, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2006

  Mr. Hatch (for himself, Mr. Bingaman, and Mr. Biden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
 To require the payment of compensation to members of the Armed Forces 
 and civilian employees of the United States who performed slave labor 
 for Japanese industries 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 USED AS SLAVE LABOR 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) 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 
        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.
            (4) 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.
            (5) 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 by Japanese 
corporations during World War II.
    (c) Payment of Compensation Required.--
            (1) In general.--The Secretary of Defense shall pay 
        compensation to each living selected veteran or civilian 
        internee, or the surviving spouse of a selected 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 selected veteran or 
        civilian internee under this section is subject to a rebuttable 
        presumption that such individual is a selected veteran or 
        civilian internee if the application on its face provides 
        information sufficient to establish such individual as a 
        selected veteran or civilian internee.
    (d) Relationship to Other Payments.--Any amount paid a person under 
this section for activity described in subsection (f)(1)(D) is in 
addition to any other amount paid such person for such activity under 
any other provision of law.
    (e) Unavailability for Payment of Attorney Fees in Class Action 
Suits.--No funds authorized to be appropriated for the payment of 
compensation under this section, or paid under this section, may be 
utilized for the payment of attorney fees incurred in any class action 
law suit seeking the payment of compensation described in subsection 
(c) or a similar payment for activity described in subsection 
(f)(1)(D).
    (f) 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 required by one or more Japanese 
                corporations to perform slave labor during World War 
                II.
            (2) Slave labor.--The term ``slave labor'' means forced 
        servitude under conditions of subjugation.
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