[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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