S.Amdt. 1300Senate108th Congress (2003-2005)

To appropriate funds to settle certain claims of United States prisoners of war who performed forced or slave labor for Japanese companies during World War II.

What it does: Adds TITLE IX--SETTLEMENT OF CLAIMS FOR SLAVE LABOR FOR JAPANESE COMPANIES DURING WORLD WAR II after section 8123
Submitted July 17, 2003

What it changes

1 change to H.R. 2658

Adds a section
  1. Adds TITLE IX--SETTLEMENT OF CLAIMS FOR SLAVE LABOR FOR JAPANESE COMPANIES DURING WORLD WAR II after section 8123

    Adds a title

    Inserted: TITLE IX--SETTLEMENT OF CLAIMS FOR SLAVE LABOR FOR JAPANESE COMPANIES DURING WORLD WAR II

    Inserted: SEC. 901. PAYMENT OF COMPENSATION TO FORMER PRISONERS OF WAR FOR FORCED OR SLAVE LABOR FOR JAPANESE COMPANIES DURING WORLD WAR II.

    Inserted: (a) Payment of Compensation Required.--Subject to the availability of appropriated funds, the Secretary of Defense shall pay to each surviving former prisoner of war compensation as provided in subsection (b).

    Inserted: (b) Compensation.--The compensation to be paid under subsection (a) is as follows:

    Inserted: (1) In the case of a living former prisoner of war, to the living former prisoner of war in the amount of $10,000.

    Inserted: (c) Identification of Individuals as Former Prisoners of War.--(1) An individual seeking compensation under this section shall submit to the Secretary of Defense an application therefor containing such information as the Secretary shall require. Only one application shall be submitted with respect to each individual seeking treatment as a former prisoner of war for purposes of this section.

    Inserted: (2) The Secretary shall take such actions as the Secretary considers appropriate to identify and locate individuals eligible for treatment as former prisoners of war for purposes of this section.

    Inserted: (d) Treatment as Former Prisoner of War.--(1) Subject to paragraph (3), the Secretary of Defense shall treat an individual as a former prisoner of war if--

    Inserted: (A) the name of the individual appears on any official list of the Imperial Government of Japan, or of the United States Government, as having been imprisoned at any time during World War II in a camp in Japan or territories occupied by Japan where individuals were forced to provide labor; or

    Inserted: (B) evidence otherwise demonstrates that the individual is entitled to treatment as a former prisoner of war.

    Inserted: (2) Any reasonable doubt under this subsection shall be resolved in favor of the claimant.

    Inserted: (3) The treatment of an individual as a former prisoner of war under paragraph (1) shall be rebutted only by clear and convincing evidence.

    Show 16 more inserted paragraphs

    Inserted: (e) Timing of Payment.--The Secretary of Defense shall pay compensation to a former prisoner of war, under subsection (a) not later than 30 days after determining that compensation is payable to or on behalf of the former prisoner of war under this section.

    Inserted: (f) Priority in Payments.--The Secretary of Defense shall complete the processing of applications under this section in a manner that provides, to the maximum extent practicable, for the payment of compensation to former prisoners of war during their natural lives, with payments prioritized based on age and health of the claimant.

    Inserted: (j) Funding.--(1) From funds available otherwise in this Act up to $49,000,000 may be made available to carry out this title.

    Inserted: (2) The amount made available by paragraph (1) shall remain available for obligation and expenditure during the two-year period beginning on October 1, 2003.

    Inserted: (3) Any amounts made available by paragraph (1) that have not been obligated as of September 30, 2005, shall revert to the Treasury as of that date.

    Inserted: SEC. 903. DEFINITIONS.

    Inserted: In this title:

    Inserted: (1) Former prisoner of war.--The term "former prisoner of war" means any individual who--

    Inserted: (A) was a member of the Armed Forces of the United States, a civilian employee of the United States, or an employee of a contractor of the United States during World War II;

    Inserted: (B) served in or with the United States combat forces during World War II;

    Inserted: (C) was captured and held as a prisoner of war or prisoner by Japan in the course of such service; and

    Inserted: (D) was required by one or more Japanese companies to perform forced or slave labor during World War II.

    Inserted: (2) Japanese company.--The term "Japanese company" means--

    Inserted: (A) any business enterprise, corporation, company, association, partnership, or sole proprietorship having its principal place of business within Japan or organized or incorporated under the laws of Japan or any political subdivision thereof; and

    Inserted: (B) any subsidiary or affiliate of an entity in Japan, as described in subparagraph (A), if controlled in fact by the entity, whether currently incorporated or located in Japan or elsewhere.

    Inserted: (5) World war ii.--The term "World War II" means the period beginning on December 7, 1941, and ending on August 8, 1945.

    Original wording

    After section 8123, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1300. Mr. STEVENS (for Mr. Hatch) proposed an amendment to the bill H.R. 2658, making appropriations for the Department of Defense for the fiscal year ending September 30, 2004, and for other purposes; as follows:

After section 8123, insert the following:

TITLE IX--SETTLEMENT OF CLAIMS FOR SLAVE LABOR FOR JAPANESE COMPANIES DURING WORLD WAR II

SEC. 901. PAYMENT OF COMPENSATION TO FORMER PRISONERS OF WAR FOR FORCED OR SLAVE LABOR FOR JAPANESE COMPANIES DURING WORLD WAR II.

(a) Payment of Compensation Required.--Subject to the availability of appropriated funds, the Secretary of Defense shall pay to each surviving former prisoner of war compensation as provided in subsection (b).

(b) Compensation.--The compensation to be paid under subsection (a) is as follows:

(1) In the case of a living former prisoner of war, to the living former prisoner of war in the amount of $10,000.

(c) Identification of Individuals as Former Prisoners of War.--(1) An individual seeking compensation under this section shall submit to the Secretary of Defense an application therefor containing such information as the Secretary shall require. Only one application shall be submitted with respect to each individual seeking treatment as a former prisoner of war for purposes of this section.

(2) The Secretary shall take such actions as the Secretary considers appropriate to identify and locate individuals eligible for treatment as former prisoners of war for purposes of this section.

(d) Treatment as Former Prisoner of War.--(1) Subject to paragraph (3), the Secretary of Defense shall treat an individual as a former prisoner of war if--

(A) the name of the individual appears on any official list of the Imperial Government of Japan, or of the United States Government, as having been imprisoned at any time during World War II in a camp in Japan or territories occupied by Japan where individuals were forced to provide labor; or

(B) evidence otherwise demonstrates that the individual is entitled to treatment as a former prisoner of war.

(2) Any reasonable doubt under this subsection shall be resolved in favor of the claimant.

(3) The treatment of an individual as a former prisoner of war under paragraph (1) shall be rebutted only by clear and convincing evidence.

(e) Timing of Payment.--The Secretary of Defense shall pay compensation to a former prisoner of war, under subsection (a) not later than 30 days after determining that compensation is payable to or on behalf of the former prisoner of war under this section.

(f) Priority in Payments.--The Secretary of Defense shall complete the processing of applications under this section in a manner that provides, to the maximum extent practicable, for the payment of compensation to former prisoners of war during their natural lives, with payments prioritized based on age and health of the claimant.

(j) Funding.--(1) From funds available otherwise in this Act up to $49,000,000 may be made available to carry out this title.

(2) The amount made available by paragraph (1) shall remain available for obligation and expenditure during the two-year period beginning on October 1, 2003.

(3) Any amounts made available by paragraph (1) that have not been obligated as of September 30, 2005, shall revert to the Treasury as of that date.

SEC. 903. DEFINITIONS.

In this title:

(1) Former prisoner of war.--The term “former prisoner of war” means any individual who--

(A) was a member of the Armed Forces of the United States, 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 the 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 required by one or more Japanese companies to perform forced or slave labor during World War II.

(2) Japanese company.--The term “Japanese company” means--

(A) any business enterprise, corporation, company, association, partnership, or sole proprietorship having its principal place of business within Japan or organized or incorporated under the laws of Japan or any political subdivision thereof; and

(B) any subsidiary or affiliate of an entity in Japan, as described in subparagraph (A), if controlled in fact by the entity, whether currently incorporated or located in Japan or elsewhere.

(5) World war ii.--The term “World War II” means the period beginning on December 7, 1941, and ending on August 8, 1945.

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Senate amendment submitted

July 17, 2003

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Senate amendment submitted

July 17, 2003

Floor

Senate amendment agreed to: Amendment SA 1300 agreed to in Senate by Voice Vote.

July 17, 2003

Floor

Senate amendment proposed (on the floor): Amendment SA 1300 proposed by Senator Stevens for Senator Hatch.(consideration: CR S9564-9566; text: CR S9564-9565)

July 17, 2003

Floor

Amendment SA 1300 proposed by Senator Stevens for Senator Hatch. (consideration: CR S9564-9566; text: CR S9564-9565) To appropriate funds to settle certain claims of United States prisoners of war who performed forced or slave labor for Japanese companies during World War II.

July 17, 2003

Floor

Amendment SA 1300 agreed to in Senate by Voice Vote.

July 17, 2003