[Congressional Record Volume 145, Number 148 (Wednesday, October 27, 1999)]
[Senate]
[Pages S13266-S13268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Coverdell, Mr. Domenici, Mr. 
        Hollings, and Mr. Cleland):
  S. 1806. A bill to authorize the payment of a gratuity to certain 
members of the Armed Forces who served at Bataan and Corregidor during 
World War II, or the surviving spouses of such members, and for other 
purposes; to the Committee on Veterans Affairs.


               bataan and corregidor veterans legislation

  Mr. BINGAMAN. Mr. President, I rise today to introduce important 
legislation, of which Senator Hollings and Senator Cleland are also 
sponsors, recognizing the heroic contributions of American soldiers who 
served in Bataan and Corregidor during World War

[[Page S13267]]

II. This legislation will provide a one time honorarium to those 
veterans who survived the notorious Death March and were made to work 
as slave labor in support of the Japanese war effort. Compensation 
awarded these heroes for their imprisonment has never approached the 
value of their sacrifices on behalf of our nation's liberty. As these 
legendary heroes approach the final chapters of their lives, if is 
fitting that the nation pay them special homage for their heroic deeds 
heretofore unrewarded. That's why I am introducing this legislation 
today--to salute these Americans in recognition of the great sacrifices 
they made for this nation.
  From December 1941 to April 1942, American military forces stationed 
in the Philippines fought valiantly against overwhelming Japanese 
military forces on the Bataan peninsula near Manila. Under severe 
combined attack of the Japanese forces, General Douglas MacArthur 
ordered U.S. troops to withdraw to the Bataan peninsula to form a 
strong defensive perimeter to protect the eventual evacuation of troops 
from the island. The U.S. forces fought for 3 months, considerably 
longer than the unfavorable troop balance would have suggested was 
possible. As a result of extending Japanese military resources during 
that crucial initial phase of the war in the Pacific, U.S. forces in 
Bataan and Corregidor prevented Japan from accomplishing critical 
strategic objectives that would have enabled them to capture Australia. 
Had the Japanese been able to accomplish their plans, their victory in 
the Philippines could have doomed Allied efforts in the Pacific from 
the very outset.
  On April 9, 1942, Major General Edward King, Commander of U.S. forces 
on the Bataan peninsula, ordered the troops to surrender rather than 
face certain slaughter on the battlefield. What followed was the 
tragic, infamous ``Death March'' of American prisoners from the Bataan 
peninsula to Camp O'Donnell of Manila. Some experts estimate that more 
than 10,000 Americans died on the 85-mile march to the prison camp. 
Many died of starvation or lack of water; some were executed on the 
spot by their Japanese captors.
  In June 1942, following the surrender of American troops of the 
Corregidor garrison, prisoners held at the O'Donnell Prisoner of War 
(POW) camp were joined with those captured at Corregidor and 
transferred to the Cabanatuan POW camp. In the fall of 1944, the 
Japanese transferred more than 1,600 prisoners from the Cabanatuan POW 
camp to ``hell ships'' destined for Japan, where prisoners were used as 
slave laborers working in mines, shipyards, and factories. In some 
cases, because the ``hell ships'' weren't marked, they were attacked 
and sunk by U.S. military aircraft.
  Mr. President, the heroic performance of our soldiers at  Bataan and 
during incarceration in POW camps earned them well-deserved citations 
following the war. The 200th and 515th Coastal Artillery units from New 
Mexico that served to defend the retreating troops at Bataan received 
three Presidential Unit Citations and the Philippine Presidential Unit 
Citation for their heroism. New Mexico is particularly proud of these 
men whose heroism I seek to salute through this legislation today. Of 
the 25,000 American servicemen stationed in the Philippines at the 
outbreak of World War II, less than 1,000 are living today. These 
heroes deserve special recognition and gratitude from the American 
people beyond the symbolic recognition and remuneration they have 
heretofore received.

  In December, 1998, the Canadian Government approved a legislative 
measure to compensate their military veterans who had been captured by 
the Japanese during the fall of Hong Kong, and who subsequently 
provided slave labor in Japanese POW camps. The measure awarded 
approximately 700 qualified veterans and surviving spouses $15,600 each 
``as an extraordinary payment to extraordinary individuals who suffered 
extraordinary treatment in captivity.'' The payment to Canadian 
veterans will total $11.7 million from Canadian federal funds, not from 
the Japanese Government. The Japanese Government considers their 
liability for treatment of POWs to have been settled by the treaty 
signed in 1952, compensating each prisoner of war for their time in 
captivity, but not for any slave labor that was performed. Last fall, 
Japan's high court rejected a compensation suit seeking redress filed 
by a coalition of former Allied prisoners on the basis of the 1952 
treaty protecting Japan from further liability in post-war settlements.
  Mr. President in agreeing to provide their veterans with compensation 
for slave labor performed while in POW camps, the Canadian Government 
recognized that lengthy legal proceedings appealing the decision of the 
Japanese high court would likely be too drawn out to be beneficial to 
their aging veterans. As a result, the Canadian Government concluded 
that it was appropriate and honorable to recognize the heroic 
contributions of veterans who were made to perform slave labor simply 
out of recognition of the debt of gratitude owed to the veterans by the 
Canadian people.
  Our American veterans who served in Bataan and Corregidor and 
performed slave labor in Japanese mines, shipyards, and factories are 
in a similar predicament as their Canadian colleagues. These men have 
never been fully compensated for their heroism and sacrifices made 
while serving as slaves to their Japanese captors. The Japanese 
government has concluded that it is no longer liable for compensating 
such claims. Appealing the decision of the Japanese high court to 
further authority would take more time than many of our veterans have. 
Consequently, Mr. President, I believe that the American Government, 
just as the Canadian Government has done, should choose to recognize 
the contributions of the war heroes of Bataan and Corregidor.
  The legislation I am introducing today calls on the Congress to 
authorize payment of $20,000 to each veteran of Bataan or Corregidor 
who performed slave labor during World War II. The honorarium would 
also be extended to surviving spouses. This small token of appreciation 
would mean a great deal to these heroes and their families.
  I urge my colleagues to support the bill. I hope we can enact it in 
the near future.
  Mr. HOLLINGS. Mr. President, let me commend our distinguished 
colleague from New Mexico. I had the privilege of visiting Corregidor 
about 30 years ago with Senator Montoya. We talked about the New Mexico 
National Guard. Most were lost who went through that dreadful 
experience. For those that survived--I lost a good friend, Jack 
Leonard, and other graduates who served in the New Mexico National 
Guard--this is a moment of history that should be noted in a more clear 
and reverent fashion.
  I ask, please, to be added as a cosponsor to the Senator's bill.
  Mr. BINGAMAN. I thank the Senator from South Carolina very much. This 
legislation will move more quickly with him as a cosponsor. I also want 
to indicate that Senator Domenici is a cosponsor of this legislation, 
as well. As I say, I hope we can move ahead with it.
  Mr. DOMENICI. Mr. President, I rise today to join my colleague 
Senator Bingaman to introduce legislation that will compensate our 
veterans who fought at Bataan and Corregidor and were later held 
prisoner.
  I do not think words can fully describe the bravery of these veterans 
and the horrific conditions they endured, but I think a quote from Lt. 
Gen. Jonathan M. Wainwright provides an insight into these men:

       They were the first to fire and last to lay down their 
     arms, and only reluctantly doing so after being given a 
     direct order.

  The 200th and 515th Coast Artillery better known as the New Mexico 
Brigade played a prominent and heroic role in the fierce fighting that 
took place in the Philippines. For four months the men of the 200th and 
the 515th held off the Japanese only to be finally overwhelmed by 
disease and starvation.
  Today every student in his or her history class learns about the 
tragic result of the Battle for Bataan. The survivors of the battle 
were subjected to the horrors and atrocities of the 65 mile ``Death 
March.'' As if this were not enough, following the infamous march these 
men were held for over 40 months in Prisoner of War Camps.
  Sadly, of the eighteen hundred men in the Regiment, less than nine 
hundred returned home and a third of

[[Page S13268]]

those passed away within a year of returning. I simply cannot imagine 
what it must have been like for these men.
  I would now like to briefly discuss the Bill we are introducing. This 
legislation offers long overdue compensation to a select group of men 
who served in the Philippines at Bataan and Corregidor during World War 
II. The bill authorizes the Secretary of Veterans Affairs to pay 
$20,000 to any veteran, or his surviving spouse, who served at Bataan 
or Corregidor, was captured and held as a prisoner of war, and was 
forced to perform slave labor as a prisoner in Japan during World War 
II.
  There is one final point that I want to make as a matter of simple 
fairness. I believe that in the upcoming months the federal tax 
implications should be examined. It may be necessary to provide that 
the $20,000 payment should be excluded from federal income taxes.
  Without an exclusion, the interaction between a lump sum payment, the 
social security income tax earnings limitation could subject some of 
the survivors of the Bataan death march to one-time exorbitant tax 
rates in excess of 50 percent. We don't want the federal government to 
give the compensation with one hand, only to have it taken away by the 
IRS.
  Thank you and I look forward to working with my colleagues on this 
issue.
                                 ______