II 110th CONGRESS 2d Session S. 3107 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.

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.