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107TH CONGRESS

1ST SESSION S. 1302

To authorize the payment of a gratuity to members of the Armed Forces

and civilian employees of the United States who performed slave labor

for Japan during World War II, or the surviving spouses of such members, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. BINGAMAN (for himself and Mr. HATCH) introduced the following bill;

which was read twice and referred to the Committee on Veterans’ Affairs

A BILL

To authorize the payment of a gratuity to members of the

Armed Forces and civilian employees of the United

States who performed slave labor for Japan during

World War II, or the surviving spouses of such members,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. AUTHORITY TO PAY GRATUITY TO MEMBERS

2 OF THE ARMED FORCES AND CIVILIAN EM3 PLOYEES OF THE UNITED STATES FOR SLAVE

4 LABOR PERFORMED FOR JAPAN DURING

5 WORLD WAR II.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) During World War II, members of the

9 United States Armed Forces fought valiantly against

10 Japanese military forces in the Pacific. From De11 cember 1941 until May 1942, United States military

12 personnel fought valiantly against overwhelming

13 Japanese military forces on Wake Island, Guam, the

14 Philippine Islands, including the Bataan Peninsula

15 and Corregidor, and the Dutch East Indies, thereby

16 preventing Japan from accomplishing strategic ob17 jectives necessary for achieving a preemptive mili18 tary victory in the Pacific during World War II.

19 (2) In military action in the Philippines, United

20 States troops were ordered to surrender on April 9,

21 1942, and were forced to march 65 miles to prison

22 camps at Camp O’Donnell, Cabanatuan, and Bilibid.

23 More than 10,000 Americans died during the march,

24 known as the ‘‘Bataan Death March’’, and during

25 subsequent imprisonment as a result of starvation,

26 disease, and executions.
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1 (3) Beginning in January 1942, the Japanese

2 military began to transport United States prisoners

3 of war to Japan, Taiwan, Manchuria, and Korea to

4 perform slave labor to support their war industries.

5 Many of the unmarked merchant vessels in which

6 the prisoners were transported, called ‘‘Hell Ships’’,

7 were attacked by American naval and air forces,

8 which, according to some estimates, resulted in more

9 than 3,600 American fatalities.

10 (4) Following the conclusion of World War II,

11 the United States Government agreed to pay com12 pensation to United States ex-prisoners of war

13 amounting to $2.50 per day of imprisonment. This

14 compensation was paid from Japanese assets frozen

15 by the United States Government and do not begin

16 to fully compensate those ex-prisoners of war for the

17 short-term and long-term costs of the slave labor

18 they endured. Neither the Government of Japan nor

19 any Japanese corporations admit any liability for

20 further payment of such compensation.

21 (5) Other nations, including Canada, the

22 United Kingdom, and the Netherlands, have author23 ized payment of gratuities to their surviving veterans

24 who were captured by the Japanese during World

25 War II and required to perform slave labor.
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1 (b) PURPOSE.—The purpose of this section is to rec2 ognize, by the provision of compensation, the heroic con3 tributions of the members of the Armed Forces and civil4 ian employees of the United States who were captured by

5 the Japanese military during World War II and denied

6 their basic human rights by being made to perform slave

7 labor by the Imperial Government of Japan or by Japa8 nese corporations during World War II.

9 (c) PAYMENT OF GRATUITY AUTHORIZED.—The Sec10 retary of Veterans Affairs may pay a gratuity to a covered

11 veteran or civilian internee, or to the surviving spouse of

12 a covered veteran or civilian internee, in the amount of

13 $20,000.

14 (d) COVERED VETERAN OR CIVILIAN INTERNEE DE15 FINED.—In this section, the term ‘‘covered veteran or ci16 vilian internee’’ means any individual who—

17 (1) was a member of the Armed Forces, a civil18 ian employee of the United States, or an employee

19 of a contractor of the United States during World

20 War II;

21 (2) served in or with United States combat

22 forces during World War II;

23 (3) was captured and held as a prisoner of war

24 or prisoner by Japan in the course of such service;

25 and
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1 (4) was required by the Imperial Government of

2 Japan, or one or more Japanese corporations, to

3 perform slave labor during World War II.

4 (e) RELATIONSHIP TO OTHER PAYMENTS.—Any

5 amount paid a person under this section for activity de6 scribed in subsection (d) is in addition to any other

7 amount paid such person for such activity under any other

8 provision of law.

9 (f) INAPPLICABILITY OF TAXATION OR ATTACH10 MENT.—Any amount paid a person under this section

11 shall not be subject to any taxation, attachment, execu12 tion, levy, tax lien, or detention under any process what13 ever.

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