Directs the Secretary of Defense to pay compensation as prescribed under this Act to those living members of the Armed Forces and U.S. civilian employees who were captured by Japan, who were used as slave labor during World War II, and whose application for compensation is approved.
Authorizes the Secretary of Defense to accept any monetary contribution (with exceptions) made by any person upon on the condition that the contribution be used to provide such compensation to a selected veteran or civilian internee. Requires amounts received as contributions to be deposited in the Department of Defense General Gift Fund.
States that, any amount paid to a selected veteran or civilian internee as compensation under this Act is in addition to any other amount paid to such veteran or civilian internee under any other provision of law as compensation for the performance of slave labor during World War II.
Expresses the sense of Congress regarding contributions by certain Japanese corporations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5972 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5972
To provide for the payment of compensation to members of the Armed
Forces and civilian employees of the United States who, as prisoners of
war, performed slave labor for Japanese corporations during World War
II, to authorize the Secretary of Defense to accept contributions in
order to provide additional compensation to such members and employees,
to encourage Japanese corporations that benefitted from the use of
slave labor to make contributions for such additional compensation, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2006
Mr. Hunter (for himself, Mr. Mica, Mr. Reyes, Mr. McIntyre, Mr. Smith
of New Jersey, Mr. Bilbray, Mr. Reynolds, Mr. Hall, Mr. Royce, Mr.
Renzi, Mr. Calvert, Mr. Hayworth, Mr. Rogers of Kentucky, Mr. Duncan,
Mr. Davis of Kentucky, Mr. Brown of South Carolina, Mr. Bass, Mr.
Kline, Mr. Castle, Mr. Cantor, Mr. Walden of Oregon, Mr. Rohrabacher,
Mr. Radanovich, Mr. Tiberi, Mr. Porter, Mr. Bradley of New Hampshire,
Mrs. Wilson of New Mexico, Mr. Weldon of Pennsylvania, Mr. Akin, Mr.
Aderholt, Mr. Culberson, Mr. Poe, Mrs. Biggert, Mr. Wamp, Mr. Wolf, Mr.
Burton of Indiana, Ms. Pryce of Ohio, Mr. Everett, Mr. Souder, Mr.
Rogers of Alabama, Mr. Hoekstra, Mr. English of Pennsylvania, and Mr.
Gingrey) introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committees on
Veterans' Affairs and Government Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for the payment of compensation to members of the Armed
Forces and civilian employees of the United States who, as prisoners of
war, performed slave labor for Japanese corporations during World War
II, to authorize the Secretary of Defense to accept contributions in
order to provide additional compensation to such members and employees,
to encourage Japanese corporations that benefitted from the use of
slave labor to make contributions for such additional compensation, 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 BY JAPANESE CORPORATIONS 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) The treatment of members of the Armed Forces who were
held as prisoners of war in the Pacific Theater during World
War II was so egregious that more than 40 percent of the
prisoners of war died while imprisoned.
(4) 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
war 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.
(5) 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.
(6) 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 for Japanese
corporations during World War II.
(c) 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 forced to perform slave labor during World
War II for one or more Japanese corporations.
(2) Slave labor.--The term ``slave labor'' means forced
servitude under conditions of subjugation.
(d) Payment of Compensation.--As soon as practicable after the end
of the period specified in subsection (e)(1), the Secretary of Defense
shall pay compensation to each living selected veteran or civilian
internee whose application for compensation under this section is
approved by the Secretary.
(e) Acceptance of Contributions for Compensation.--
(1) Authority to accept contributions.--During the period
beginning on the date of the enactment of this Act and ending
on December 31, 2007, the Secretary of Defense may accept,
hold, and administer any gift, devise, or bequest of money made
by any person on the condition that the gift, devise, or
bequest be used to provide compensation under this section to a
selected veteran or civilian internee.
(2) Deposit.--Amounts received as contributions under this
subsection shall be deposited in the Department of Defense
General Gift Fund established pursuant to section 2601 of title
10, United States Code. Such amounts shall be accounted for
separately from other amounts in that fund.
(3) Acceptance of certain contributions prohibited.--A gift
may not be accepted under this subsection--
(A) if the gift is designated for a specific
selected veteran or civilian internee;
(B) if the Secretary of Defense determines that the
acceptance of the gift would reflect unfavorably on the
ability of the Department of Defense, any employee of
the Department, or any member of the Armed Forces to
carry out any responsibility or duty in a fair and
objective manner; or
(C) if the Secretary determines that the use of the
gift would compromise the integrity or appearance of
integrity of any program of the Department of Defense
or any individual involved in such a program.
(4) Treatment of contributions.--The making of a
contribution under this subsection by any person is wholly
voluntary and, in no way, may the existence of such a
contribution be used as a matter of proof in any civil
litigation.
(f) Amount of Compensation.--The amount of compensation paid to
each living selected veteran or civilian internee whose application for
compensation is approved by the Secretary of Defense shall be equal to
the sum of the following:
(1) An equal share of the funds appropriated to the
Secretary to provide compensation under this section, but not
to exceed $20,000 per selected veteran or civilian internee.
(2) An equal share of the amounts received as contributions
under subsection (e).
(g) Rebuttable Presumption of Eligibility.--An application for
compensation submitted under this section by or on behalf of an
individual seeking recognition as a selected veteran or civilian
internee under this section is subject to a rebuttable presumption that
the individual is a selected veteran or civilian internee if the
application on its face provides information sufficient to establish
the individual as a selected veteran or civilian internee.
(h) Relationship to Other Payments.--Any amount paid a selected
veteran or civilian internee as compensation under this section is in
addition to any other amount paid to the selected veteran or civilian
internee under any other provision of law as compensation for the
performance of slave labor during World War II.
(i) Unavailability for Payment of Attorney Fees in Class Action
Suits.--Amounts paid under this section may not be used for the payment
of attorney fees incurred in any class action law suit seeking the
payment of compensation for members of the Armed Forces and civilian
employees of the United States captured by Japan and used as slave
labor during World War II or a similar payment as a result of the
performance of slave labor during World War II.
(j) Sense of Congress Regarding Contributions by Certain Japanese
Corporations.--
(1) Sense of congress.--It is the sense of Congress that
the Japanese corporations specified in paragraph (2) that
benefitted from the use of captured members of the Armed Forces
and civilian employees of the United States as slave labor
during World War II should make contributions under subsection
(e) for the provision of compensation to each living selected
veteran or civilian internee under this section.
(2) List of covered companies.--The Japanese corporations
known to have used captured members of the Armed Forces and
civilian employees of the United States as slave labor during
World War II are Asano Dockyard; Electric-Chemical Company;
Fujinagara Shipbuilding, Kobe; Furukawa Mining, Omine Machi;
Hitachi Shipbuilding; Hokkai Electric Chemical; Hokkaido Coal
(Sorachi Mining Co.); Imperial Special Copper Works, Noetsu;
Ishihara Industries, Narumi; Kajima Coal, Ohnoura; Kawaminami
Shipbuilding, Yahata; Kawasaki Heavy Industries, Kobe;
Kinkaseki Copper Mine, Formosa; Kobe Stevedore, Kobe; Kumagai
Enggr. Co.; Manshu Leather, Mukden Manchuria; Manshu Machinery,
Mukden; Manshu Tent; Meiji Mining; Mitsubishi Heavy Industries;
Mitsubishi Mining Co.; Mitsubishi Chemical; Mitsui Industries;
Mitsui Mining; Moji Transportation Association; Namura
Shipyards; Niigata Iron and Steel; Niigata Transport, Kawasaki;
Nippon Express; Nippon Ko-Kan (Japan Iron Co.); Nippon
Metallurgy; Nippon Mining; Nippon Soda; Nippon Steel Pipe;
Nippon Vehicles; Nisshin Mill; Nisshin Oil; Nittetsu Mining;
Ohsaka Shipbuilding; Radio Tokyo (government-operated);
Shinetsu Chemicals; Showa Electrical Engineering; Showa
Electrode (Showa Denko); Sorachi Mining Co.; Sumitomo Mining;
Taihoku Locomotive Works, Taiwan; Tobashima Construction Co.;
Tokyo-Shibaura Electric; Tsuruga Stevedore, Osaka; Tsurumi
Shipbuilding; Yawata Iron Works; Ohasi; and Yodogawa Steel.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Referred to the Subcommittee on Terrorism, Unconventional Threats and Capabilities.
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