Department of Defense Appropriations Act, 2004 - Continued

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2004—CONTINUED

AMENDMENT NO. 1300

    Mr. HATCH. Mr. President, the amendment I offer today, entitled the Resolution of Claims of American POWs of the Japanese Act of 2003, is important because it recognizes the struggle to compensate American POWs once held and forced into slave labor for private Japanese companies during World War II.

    For those of my colleagues who aren't aware of what our valiant soldiers endured, please let me enlighten you.

    On April 9, 1942, Allied forces in the Philippines were forced to surrender Bataan to the Japanese. Ten thousand to 12,000 American soldiers were forced to march some 60 miles in broiling heat. We have all heard of this deadly trek, known as the Bataan Death March.

    What most people do not realize is, after a lengthy internment under horrific conditions, thousands of these POWs were shipped to Japan in the holds of freighters known as "Hell Ships." Once in Japan, many of these POWs were forced into slave labor for private Japanese steel mills and other private companies until the end of the war. During the war, over 27,465 Americans were captured and interned by the Japanese; tragically, only 16,000 made it home.

    Let me tell you about some of these brave men.

    At our Judiciary Committee hearing a few years ago, we heard from some of these remarkable veterans who put a human face on this tragic part of history. They are all heroes.

    I remember so well Mr. Bigelow, who, during his internment lost his leg from a mining accident and the lack of proper medical treatment. At a height of 6 feet, 4 inches, Mr. Bigelow weighed less than 100 pounds at the time of his release. Tragically, he died last week—- without ever receiving the recognition that he deserved, recognition that we as a body can give him.

    Mr. President, how many more have to die before we finally pay them the tribute they deserve?

    At our hearing, we heard how the POWs stuck together and helped each other make it through each day and endured frequent beatings for doing so.

    We heard how Mr. Tenney and others kept their spirits up by entertaining their buddies and trading with Japanese guards for a few meager supplies.

    We heard how brave men like Terrence Kirk built a makeshift camera out of a stolen x-ray plate to document the condition of dying POWs so they would not be forgotten.

    Let me say to the veterans who have shared their stories with me—and I know some of these men personally thank you. All of them are heroes for their bravery on the battlefields and in the prison camps.

    They are heroes for the innumerable displays of compassion and love for their fellow man.

    They are heroes for their perseverance through circumstances most of us can barely imagine.

    They are living testaments to the indomitable human spirit that is the fabric of this great nation, the United States of America. Everyone here living in freedom owes them a tremendous debt of gratitude.

    Unfortunately, global political and security needs of the time often overshadowed their legitimate claims for justice and they were once again asked to sacrifice for their country.

    Following the end of the war, for example, our government allegedly instructed many of the POWs not to discuss their experiences and treatment. Some were even asked to sign non-disclosure agreements. Consequently, many Americans remain unaware of the atrocities that took place and the suffering our POWs endured.

    Just ask the school children of today. Most know little about the Bataan Death March and nothing about the fact that our soldiers were shipped to Japan and sold as slave labor.

    That is inexcusable. We must recognize their sacrifice, and the amendment I offer today supports that effort.

    Through the years, various efforts have been made to offer some compensation for the POWs held in Japan.

    Under the War Claims Act, our government has made meager payments of a dollar a day for missed meals and $1.50 per day for lost wages. Clearly this is inadequate.

    Following the passage of a California statute extending the statute of limitations for World War II claims until 2010 and the recent litigation involving victims of Holocaust, the former POWs in Japan have attempted through the courts to seek compensation from the private companies which profited from their labor.

    What role has our government played in this quest?

    In the Holocaust litigation, the U.S. played a facilitating role in discussions between the German companies and the victims. The Justice Department also declined to file a statement of interest in the litigation—even when requested by the court. The efforts of the administration were entirely appropriate and the settlement was an invaluable step toward moving forward from the past.

    Here, in contrast, there has been little effort by our government, through the State Department or otherwise, to help these POWs with their claims. In fact, quite the opposite has been true.

    In response to a request from the court, the Justice Department actually filed a statement of interest which was very damaging to the claims of the POWs—stating in essence that their claims were barred by the 1951 Treaty of Peace with Japan and the War Claims Act. Personally, I don't think the government had the authority to waive these claims. Unbelievably, the Justice Department continues to argue in these court cases on behalf of the Japanese companies and against our POWs.

    This contrasting treatment raises the legitimate questions of whether this administration has a consistent policy governing whether and how to weigh in during these World War II-era cases? From a moral perspective, the claims of those forced into labor by private German companies and private Japanese companies appear to be of similar merit, yet they have spurred different responses from the administration.

    Why?

    I have asked this question to the State Department, and have not received a satisfactory response.

    What can the United States of America—the country these men sacrificed for—do to resolve this matter in a fair and appropriate manner?

    With the help of Senator Feinstein, in 2000, we moved through the Judiciary Committee S. 1902, the Japanese Records Disclosure Act. This bill set up a commission to declassify thousands of Japanese Imperial Army records held by the U.S. government after appropriate screening for sensitive information such as that pertaining to national security.

    That bill, however, was not enough. We need to do more.

    The Senate attempted to fulfill our government's responsibility to these men by including a provision in S. 2549, the fiscal year 2001 Department of Defense authorization bill. This legislation would have allowed payments of a $20,000 gratuity to POWs from Bataan and Corregidor who were forced into labor. But unfortunately, the provision was stripped in conference, due in large part, I believe, to pressure from the previous Administration.

    We also passed S. Con. Res. 158, a resolution at the end of the 106th Congress which stated the moral force of the claims of the POWs and expressed the sense of the Congress that the United States government should use its best efforts to "facilitate a dialogue" to discuss a resolution to the claims. But this has received a less than satisfactory response from the administration.

    We must ask ourselves—can Congress do more?

    Can the executive branch do more?

    I think so.

    We must.

    And it is for that reason that I am offering the Resolution of Claims of American POWs of the Japanese Act of 2003.

    This legislation would show these POWs that we have not forgotten them and that we will not let them be victimized by the Japanese companies a second time.

    My amendment would authorize the payment of compensation to former prisoners of war for forced labor for Japanese companies during World War II. Those surviving POWs who are still living—and there are not many—would receive $10,000. This is a mere fraction of what they truly deserve, and I intend to seek additional amounts next year to fulfill our obligation to our heroes.

    Mr. President, this legislation is essential.

    Congress is the last recourse for these POWs.

    Instead of helping, our government has let them down. And so, if we do not stand up for them, who will?

    I urge my colleagues to join with me in this effort to do what we can to show these brave POWs that their country has not forgotten them; it is the least we can do.