World War II Pacific War Heroes Congressional Gold Medal Act

I ★ 116TH CONGRESS 1ST SESSION H. R. 5044 To grant a Congressional Gold Medal, collectively, to the men and women of the United States Armed Forces and Merchant Marine, as well as citizen and non-citizen civilians who served honorably with the U.S. military, who were surrendered, captured, or abandoned to become pris- oners of war (POWs) of Imperial Japan throughout the Japanese Empire in the Pacific Theater of World War II from December 7, 1941, to September 2, 1945. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 12, 2019 Mr. BOST (for himself, Mr. LOWENTHAL, Mr. BRINDISI, Mr. BANKS, Mr. CISNEROS, Mr. BILIRAKIS, Mr. PAPPAS, Mr. COX of California, and Mr. RODNEY DAVIS of Illinois) introduced the following bill; which was re- ferred to the Committee on Financial Services, and in addition to the Committee on House Administration, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To grant a Congressional Gold Medal, collectively, to the men and women of the United States Armed Forces and Merchant Marine, as well as citizen and non-citizen civilians who served honorably with the U.S. military, who were surrendered, captured, or abandoned to become prisoners of war (POWs) of Imperial Japan throughout the Japanese Empire in the Pacific Theater of World War II from December 7, 1941, to September 2, 1945. VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 5044 IH1S Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘World War II Pacific 4 War Heroes Congressional Gold Medal Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) The United States POWs held by Imperial 8 Japan in the Pacific Theater during World War II, 9 with most held in captivity for more than three 10 years, are Pacific War heroes who represent the 11 American spirit of courage, tenacity, and faith. 12 (2) Imperial Japan did not abide by the Geneva 13 and Hague Conventions for the humane treatment 14 of POWs. 15 (3) The United States POWs held by Imperial 16 Japan during World War II numbered more than 17 27,000 with more than 11,000 or 40 percent per- 18 ishing before the end of War. 19 (4) On December 7, 1941, Imperial Japan at- 20 tacked not only Pearl Harbor in the United States 21 Territory of Hawaii, but also the other United 22 States possessions and military installations in the 23 Pacific of the Philippines, Guam, Wake Island, 24 Howland Island, and Midway as preludes to full- 25 VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 5044 IH1S scale invasions and military occupation throughout 1 the Asia-Pacific region. 2 (5) By the end of day, December 8, 1941, more 3 than 300 United States Marines, sailors, diplomats, 4 and Mariners in China became the first United 5 States prisoners of war of Imperial Japan with most 6 held for the full duration of the war; 7 (6) Ninety-eight percent of the United States 8 POWs of Imperial Japan fought in the heroic battles 9 of Guam, Wake Island, Sunda Strait, Halsey-Doo- 10 little Raid, Bataan, and Corregidor, all within the 11 first six months of World War II. 12 (7) Most of the United States airmen, infantry- 13 men, sailors, and Marines surrendered in defense of 14 the Netherlands East Indies in March 1942 were 15 sent to be slave laborers on the Thai-Burma Death 16 Railway or at construction projects in Changi, 17 Singapore. 18 (8) On April 9, 1942, approximately 12,000 19 United States military personnel and 66,000 Fili- 20 pino soldiers became POWs with the surrender of 21 the American-Filipino forces on the Bataan Penin- 22 sula in the Philippines. 23 (9) April 9, 1942, marked the beginning of the 24 infamous Bataan Death March where the Imperial 25 VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 5044 IH1S Japanese Army forced all American and Filipino 1 forces from Marviveles or Bagac up the Bataan Pe- 2 ninsula on a three-part, three-province, nearly 100- 3 mile trek north to the makeshift POW facility Camp 4 O’Donnell at Capas, Tarlac. An estimated 650 5 American and 5,000–10,000 Filipino soldiers died 6 on the Bataan Death March, while hundreds of men 7 remain unaccounted for. 8 (10) On May 6, 1942, Corregidor Island, then 9 operating as the military command center for all the 10 Philippines, United States Forces in the Philippines 11 (USFIP), was surrendered. Nearly 10,000 American 12 soldiers, sailors, airmen, and Marines as well as 13 more than 3,000 Filipino soldiers and nurses became 14 POWs of Imperial Japan. 15 (11) The May 6, 1942, fall of Corregidor Island 16 and subsequent surrender of all the Philippines Is- 17 lands marked the end of the U.S. Asiatic Fleet; the 18 U.S. Army Forces in the Far East (USAFFE), and 19 the U.S. Far East Air Force (USFEAF). 20 (12) Included in the surrenders the Philippines 21 were female nurses of United States Army, Navy, 22 Philippine Army, and civilian volunteers who became 23 the first large group of American women in combat 24 and, counted with the Army and Navy nurses sur- 25 VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 5044 IH1S rendered on Guam in December 1941, comprised the 1 first group of American military women taken cap- 2 tive and imprisoned by an enemy. 3 (13) More than 14,000 Americans POWs were 4 transported aboard ‘‘hellships’’—in the holds of un- 5 marked merchant ships—from Pacific battle sites to 6 be used as slave laborers; one-third of all POW 7 deaths resulted from attacks on the ‘‘hellships’’ by 8 ‘‘friendly fire’’ from American submarines or air- 9 craft. 10 (14) More than 600 members of the United 11 States Merchant Marine including one female Mar- 12 iner, became prisoners of Imperial Japan, many of 13 whom were turned over to Japanese control after 14 being first captured by Nazi Germany’s naval forces. 15 Fifteen percent were killed by either Imperial Japan 16 Navy officers during capture or died in Japanese 17 POW camps. 18 (15) Throughout World War II, the Imperial 19 Japanese military maintained approximately 775 20 POW camps throughout the Empire: 185 POW 21 camps on the Home Islands of Japan and 590 in 22 other areas of the Pacific Theater, which includes an 23 unknown number of temporary camps. 24 VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 5044 IH1S (16) A priority of International Military Tri- 1 bunal for the Far East (IMTFE), also known as the 2 Tokyo War Crimes Tribunal and the ad hoc Amer- 3 ican and Allied military tribunals throughout the 4 Asia Pacific from 1945 to 1951 was to obtain justice 5 for the maltreatment of POWs. Approximately sev- 6 enty-five percent of the more than 5,600 defendants 7 were charged with offenses against POWs. This re- 8 flects the July 26, 1945, Potsdam Declaration’s 9 warning that, ‘‘stern justice shall be meted out to all 10 war criminals, including those who have visited cru- 11 elties upon our prisoners’’. 12 (17) President Ronald Reagan first proclaimed 13 National Former Prisoner of War Recognition Day 14 in 1988, which was established to coincide with April 15 9, the anniversary of the start of the Bataan Death 16 March. 17 (18) In 2009, the Government of Japan issued 18 an official, Cabinet of Japan approved apology say- 19 ing ‘‘We extend a heartfelt apology for our country 20 having caused tremendous damage and suffering to 21 many people, including prisoners of wars, those who 22 have undergone tragic experiences in the Bataan Pe- 23 ninsula, Corregidor Island, in the Philippines, and 24 other places’’. 25 VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 5044 IH1S (19) In 2010, the Government of Japan initi- 1 ated an annual visitation program for former United 2 States POWs of Japan and family members to visit 3 Japan for remembrance, reconciliation, and healing. 4 (20) It is time to recognize the ordinary men 5 and women who found uncommon courage in ex- 6 traordinary circumstances to fight the impossible 7 and endure the unimaginable for freedom from tyr- 8 anny and oppression. 9 (21) The Congressional Gold Medal is an ap- 10 propriate way to honor the service of the United 11 States POWs held by Imperial Japan in World War 12 II and to highlight the unique imprisonment of these 13 Pacific War heroes and their poignant history of 14 sacrifice, perseverance, patriotism, and faith. 15 SEC. 3. DEFINITIONS. 16 In this Act— 17 (a) the term ‘‘prisoners of war of Imperial Japan’’ 18 includes any individual who— 19 (1) was taken prisoner— 20 (A) by Japan while serving honorably in 21 the service of the United States at any time 22 during the period beginning on December 8, 23 1941, and ending on September 2, 1945; 24 VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 5044 IH1S (B) was taken prisoner by the Japanese 1 while serving in an active-duty status under the 2 command of the United States Army Forces in 3 the Far East (USAFFE), United States Forces 4 in the Philippines (USFIP), American-British- 5 Dutch-Australian (ABDA) Command, South- 6 west Pacific Area (SWPA), Pacific Ocean Area 7 (POA), China-Burma-India (CBI), Southeast 8 Asia Command (SEAC), 1st Defense Battalion, 9 Wake Island (Marines), Guam Battalion (Ma- 10 rines), 4th Marines, Marine Raiders, U.S. Asi- 11 atic Fleet, Twentieth Air Force, Far East Air 12 Force, United States Army Air Forces, and the 13 War Shipping Administration; or 14 (C) was taken prisoner on Attu Island in 15 the Aleutians part of Alaska on June 7, 1942; 16 (2) was not granted ‘‘parole’’ (release) by Impe- 17 rial Japanese forces during World War II; and 18 (3) holds ‘‘veterans’ status’’ or a ‘‘certificate of 19 honorable service’’ for their service in the Pacific 20 Theater of World War II when taken prisoner by 21 Japan; 22 (b) the term ‘‘Pacific Theater’’ means China, the 23 Central Pacific, Southeast Asia, and the Southwest Pacific 24 of World War II; and 25 VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 5044 IH1S (c) the term ‘‘Secretary’’ means the Secretary of the 1 Treasury. 2 SEC. 4. CONGRESSIONAL GOLD MEDAL. 3 (a) PRESENTATION AUTHORIZED.—The Speaker of 4 the House of Representatives and the President pro tem- 5 pore of the Senate shall make appropriate arrangements 6 for the award, on behalf of Congress, of a single gold 7 medal of appropriate design to the United States to the 8 men and women of the United States military and mer- 9 chant marine as well as citizen and non-citizen civilians 10 who fought with the U.S. military and were surrendered, 11 captured, or abandoned to become prisoners of war of Im- 12 perial Japan during World War II, in recognition of their 13 dedicated and vital service during World War II. 14 (b) DESIGN AND STRIKING.—For the purposes of the 15 award described in subsection (a), the Secretary of the 16 Treasury (in this Act referred to as the ‘‘Secretary’’) shall 17 strike the gold medal with suitable emblems, devices, and 18 inscriptions, to be determined by the Secretary. 19 (c) SMITHSONIAN INSTITUTION.— 20 (1) IN GENERAL.—Following the award of the 21 gold medal under subsection (a), the gold medal 22 shall be given to the Smithsonian Institution’s Na- 23 tional Museum of American History, where it shall 24 VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 5044 IH1S be displayed as appropriate and made available for 1 research. 2 (2) SENSE OF CONGRESS.—It is the sense of 3 Congress that the Smithsonian Institution’s Na- 4 tional Museum of American History should make 5 the gold medal received under paragraph (1) avail- 6 able for display at other locations, particularly at lo- 7 cations that are associated with the prisoners of war 8 of Imperial Japan during World War II, such as 9 The Harry S. Truman Library and Museum, The 10 MacArthur Memorial, National Prisoner of War Mu- 11 seum; National Museum of the Pacific War, and 12 New Mexico Military Museum. 13 SEC. 5. DUPLICATE MEDALS. 14 Under such regulations as the Secretary may pre- 15 scribe, the Secretary may strike and sell duplicates in 16 bronze of the gold medal struck under section 4, at a price 17 sufficient to cover the costs of the medals, including labor, 18 materials, dies, use of machinery, and overhead expenses. 19 SEC. 6. STATUS OF MEDALS. 20 (a) NATIONAL MEDALS.—Medals struck under this 21 Act are national medals for purposes of chapter 51 of title 22 31, United States Code. 23 (b) NUMISMATIC ITEMS.—For purposes of section 24 5134 and 5136 of title 31, United States Code, all medals 25 VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 5044 IH1S struck under this Act shall be considered to be numismatic 1 items. 2 Æ VerDate Sep 11 2014 20:04 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H5044.IH H5044 pamtmann on DSKBC07HB2PROD with BILLS