II 109th CONGRESS 2d Session S. 3811 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.

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.