II 

109TH CONGRESS 

2D SESSION S. 3811 

To require the payment of compensation to members of the Armed Forces 

and civilian employees of the United States who performed slave labor 

for Japanese industries during World War II, or the surviving spouses 

of such members, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2006 

Mr. HATCH (for himself, Mr. BINGAMAN, and Mr. BIDEN) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To require the payment of compensation to members of 

the Armed Forces and civilian employees of the United 

States who performed slave labor for Japanese industries 

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. PAYMENT OF COMPENSATION TO MEMBERS OF 

2 THE ARMED FORCES AND CIVILIAN EMPLOY3 EES OF THE UNITED STATES CAPTURED BY 

4 JAPAN AND USED AS SLAVE LABOR 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. In par11 ticular, from December 1941 until May 1942, 

12 United States military personnel fought coura13 geously against overwhelming Japanese military 

14 forces on Wake Island, Guam, the Philippine Is15 lands, including the Bataan Peninsula and Cor16 regidor, and the Dutch East Indies, thereby pre17 venting Japan from accomplishing strategic objec18 tives necessary for achieving a decisive military vic19 tory in the Pacific during World War II. 

20 (2) During initial military actions in the Phil21 ippines, United States troops were ordered to sur22 render on April 9, 1942, and were forced to march 

23 65 miles to prison camps at Camp O’Donnell, Caba24 natuan, and Bilibid. More than 10,000 Americans 

25 died during the march, known as the ‘‘Bataan Death 


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1 March’’, and during subsequent imprisonment as a 

2 result of starvation, disease, and executions. 

3 (3) Beginning in January 1942, the Japanese 

4 military began transporting United States prisoners 

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

6 perform slave labor to support Japanese industries. 

7 Many of the unmarked merchant vessels in which 

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

9 were attacked by American naval and air forces, 

10 which, according to some estimates, resulted in more 

11 than 3,600 American fatalities. 

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

13 the United States Government agreed to pay com14 pensation to United States ex-prisoners of war 

15 amounting to $2.50 per day of imprisonment. This 

16 compensation was to be paid from Japanese assets 

17 frozen by the United States Government. However, 

18 the compensation could never fully compensate those 

19 ex-prisoners of war for the sacrifice they endured. 

20 Neither the Government of Japan nor any Japanese 

21 corporation admits any liability requiring payment 

22 or compensation. 

23 (5) Other Allied nations, including Canada, the 

24 United Kingdom, and the Netherlands, have author25 ized payment of gratuities to their surviving veterans 


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1 who were captured by the Japanese during World 

2 War II and required to perform slave labor. 

3 (b) PURPOSE.—The purpose of this section is to rec4 ognize, by the provision of compensation, the heroic con5 tributions of the members of the Armed Forces and civil6 ian employees of the United States who were captured by 

7 the Japanese military during World War II and denied 

8 their basic human rights by being made to perform slave 

9 labor by Japanese corporations during World War II. 

10 (c) PAYMENT OF COMPENSATION REQUIRED.— 

11 (1) IN GENERAL.—The Secretary of Defense 

12 shall pay compensation to each living selected vet13 eran or civilian internee, or the surviving spouse of 

14 a selected veteran or civilian internee, in the amount 

15 of $20,000. 

16 (2) REBUTTABLE PRESUMPTION.—An applica17 tion for compensation submitted under this section 

18 by or with respect to an individual seeking treatment 

19 as a selected veteran or civilian internee under this 

20 section is subject to a rebuttable presumption that 

21 such individual is a selected veteran or civilian in22 ternee if the application on its face provides infor23 mation sufficient to establish such individual as a se24 lected veteran or civilian internee. 


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1 (d) RELATIONSHIP TO OTHER PAYMENTS.—Any 

2 amount paid a person under this section for activity de3 scribed in subsection (f)(1)(D) is in addition to any other 

4 amount paid such person for such activity under any other 

5 provision of law. 

6 (e) UNAVAILABILITY FOR PAYMENT OF ATTORNEY

7 FEES IN CLASS ACTION SUITS.—No funds authorized to 

8 be appropriated for the payment of compensation under 

9 this section, or paid under this section, may be utilized 

10 for the payment of attorney fees incurred in any class ac11 tion law suit seeking the payment of compensation de12 scribed in subsection (c) or a similar payment for activity 

13 described in subsection (f)(1)(D). 

14 (f) DEFINITIONS.—In this section: 

15 (1) SELECTED VETERAN OR CIVILIAN IN16 TERNEE.—The term ‘‘selected veteran or civilian in17 ternee’’ means any individual who— 

18 (A) was a member of the Armed Forces, a 

19 civilian employee of the United States, or an 

20 employee of a contractor of the United States 

21 during World War II; 

22 (B) served in or with United States com23 bat forces during World War II; 


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1 (C) was captured and held as a prisoner of 

2 war or prisoner by Japan in the course of such 

3 service; and 

4 (D) was required by one or more Japanese 

5 corporations to perform slave labor during 

6 World War II. 

7 (2) SLAVE LABOR.—The term ‘‘slave labor’’ 

8 means forced servitude under conditions of subjuga9 tion. 

Æ 


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