I 

108TH CONGRESS 

1ST SESSION H. R. 1864

To preserve certain actions in Federal court brought by members of the 

United States Armed Forces held as prisoners of war by Japan during 

World War II against Japanese nationals seeking compensation for mistreatment or failure to pay wages in connection with labor performed 

in Japan to the benefit of the Japanese nationals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2003

Mr. ROHRABACHER (for himself and Mr. HONDA) introduced the following 

bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on International Relations and Government Reform, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL

To preserve certain actions in Federal court brought by 

members of the United States Armed Forces held as 

prisoners of war by Japan during World War II against 

Japanese nationals seeking compensation for mistreatment or failure to pay wages in connection with labor 

performed in Japan to the benefit of the Japanese nationals, 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. SHORT TITLE. 

2 This Act may be cited as the ‘‘Justice for United 

3 States Prisoners of War Act of 2003’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds the following: 

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

7 United States Armed Forces held as prisoners of 

8 war by Japan were forced to provide labor for Japa9 nese privately owned corporations in functions unre10 lated to the prosecution of the war. 

11 (2) These Japanese corporations violated inter12 national law, including the standards required under 

13 international conventions relating to protection of 

14 prisoners of war, by failing to pay wages for that 

15 labor, by allowing and promoting torture and mis16 treatment of the United States prisoners of war at 

17 the hand of their private employees, and by with18 holding food and medical treatment. 

19 (3) In the Treaty of Peace with Japan, signed 

20 at San Francisco in 1951, Japan admitted liability 

21 for its illegal and inhumane conduct toward the Al22 lied Powers and, in particular, liability for such con23 duct toward members of the armed forces of the Al24 lied Powers held as prisoners of war. 

25 (4) Despite this admission of liability, article 

26 14(b) of the Treaty has been construed to waive all 
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1 claims of nationals of the United States, including 

2 claims of members of the United States Armed 

3 Forces held as prisoners of war by Japan during 

4 World War II. 

5 (5) Under article 26 of the Treaty, the Govern6 ment of Japan agreed that, if it entered into a war 

7 claims settlement agreement with any other country 

8 that provided terms more beneficial than those 

9 terms extended to the parties to the Treaty, then 

10 those more favorable terms would be extended to 

11 each of the parties to the Treaty, including the 

12 United States. 

13 (6) Since the entry into force of the Treaty in 

14 1952, the Government of Japan has entered into 

15 war claims settlement agreements with other coun16 tries that provide terms more beneficial than those 

17 terms extended to the parties to the Treaty with re18 spect to claims by nationals of those countries 

19 against Japanese nationals, allowing such claims to 

20 be pursued without limitation, restriction, or waiver 

21 or any type. 

22 (7) In accordance with article 26 of the Treaty, 

23 Japan is obligated to extend the same more bene24 ficial terms under the subsequent war claims settle25 ment agreements with other countries described in 
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1 paragraph (6) to the United States, including to na2 tionals of the United States who as members of the 

3 United States Armed Forces were held as prisoners 

4 of war by Japan during World War II and were 

5 forced to provide labor without compensation and 

6 under inhumane conditions. 

7 (8) The people of the United States owe a deep 

8 and eternal debt to members of the United States 

9 Armed Forces held as prisoners of war by Japan 

10 during World War II for their heroism and sacrifice 

11 on the nation’s behalf in the first days after Japan’s 

12 ignominious aggression against the United States at 

13 Pearl Harbor, Bataan, and Corregidor. 

14 (9) The pursuit of justice by members of the 

15 United States Armed Forces held as prisoners of 

16 war by Japan during World War II who were forced 

17 to provide labor without compensation and under in18 humane conditions through lawsuits filed in the 

19 courts of the United States, where otherwise sup20 ported by applicable standards established by Fed21 eral, State, or international law, is consistent with 

22 the interests of the United States and should not be 

23 deemed preempted by any other provision of law or 

24 the Treaty.
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1 (10) Japanese records relating to chemical and 

2 biological experiments conducted on members of the 

3 United States Armed Forces held as prisoners of 

4 war by Japan during World War II that were turned 

5 over to the United States Government after the war 

6 have been withheld from such United States pris7 oners of war and their physicians, despite repeated 

8 requests for disclosure of such records by the pris9 oners of war themselves, the Department of Vet10 erans Affairs, and the Congress. 

11 SEC. 3. SUITS AGAINST JAPANESE NATIONALS. 

12 (a) IN GENERAL.—In any action in a Federal court 

13 brought by one or more members of the United States 

14 Armed Forces held as a prisoner of war by Japan during 

15 World War II against one or more Japanese nationals (in16 cluding entities organized or incorporated under Japanese 

17 law or any affiliates of such entities organized or incor18 porated under the laws of any State) seeking compensa19 tion for mistreatment or failure to pay wages in connection 

20 with labor performed in Japan by such United States pris21 oners of war to the benefit of such Japanese nationals (or 

22 their predecessors) during World War II, the court—

23 (1) shall apply the applicable statute of limita24 tions of the State in which the action is pending; 

25 and 
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1 (2) shall not construe section 14(b) of the Trea2 ty of Peace with Japan as constituting a waiver by 

3 the United States of claims by nationals of the 

4 United States, including claims by members of the 

5 United States Armed Forces, so as to preclude the 

6 pending action. 

7 (b) RULE OF CONSTRUCTION.—Subsection (a) pro8 vides for the facilitation of actions against Japanese na9 tionals described in such subsection and shall not be con10 strued as providing for the facilitation of actions against 

11 the present Government of Japan or the people of Japan. 

12 (c) SUNSET.—Paragraph (1) of subsection (a) shall 

13 cease to apply at the end of the 10-year period beginning 

14 on the date of the enactment of this Act. 

15 SEC. 4. APPLICABILITY OF RIGHTS UNDER ARTICLE 26 OF 

16 THE TREATY OF PEACE WITH JAPAN. 

17 It is the policy of the United States Government to 

18 ensure that all terms under any war claims settlement 

19 agreement between Japan and any other country that are 

20 more beneficial than those terms extended to the United 

21 States under the Treaty of Peace with Japan are extended 

22 to the United States in accordance with article 26 of the 

23 Treaty with respect to claims by nationals of the United 

24 States who as members of the United States Armed 

25 Forces were held as prisoners of war by Japan during 
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1 World War II and were forced to provide labor without 

2 compensation and under inhumane conditions. 

3 SEC. 5. AVAILABILITY OF INFORMATION RELATING TO CER4 TAIN CHEMICAL AND BIOLOGICAL TESTS 

5 CONDUCTED BY JAPAN DURING WORLD WAR 

6 II. 

7 (a) AVAILABILITY OF INFORMATION TO THE SEC8 RETARY OF VETERANS AFFAIRS.—Notwithstanding any 

9 other provision of law, the Secretary of Veterans Affairs 

10 may secure directly from any department or agency of the 

11 United States information relating to chemical or biologi12 cal tests conducted by Japan on members of the United 

13 States Armed Forces held as prisoners of war by Japan 

14 during World War II, including any such information pro15 vided to the United States Government by Japan. Upon 

16 request of the Secretary of Veterans Affairs, the head of 

17 that department or agency shall furnish that information 

18 to the Secretary. 

19 (b) AVAILABILITY OF INFORMATION TO INTERESTED

20 MEMBERS OF THE ARMED FORCES.—Any information re21 ceived by the Secretary of Veterans Affairs under sub22 section (a) with respect to an individual member of the 

23 United States Armed Forces held as a prisoner of war 

24 by Japan during World War II may be made available to 

25 such individual to the extent otherwise provided by law. 
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1 SEC. 6. DEFINITIONS. 

2 In this Act: 

3 (1) TREATY OF PEACE WITH JAPAN; TREATY.—

4 The terms ‘‘Treaty of Peace with Japan’’ and 

5 ‘‘Treaty’’ mean the Treaty of Peace with Japan, 

6 signed at San Francisco on September 8, 1951 (3 

7 UST 3169). 

8 (2) STATE.—The term ‘‘State’’ means the sev9 eral States, the District of Columbia, and any com10 monwealth, territory or possession of the United 

11 States. 

12 (3) APPLICABLE STATUTE OF LIMITATIONS.—

13 The ‘‘applicable statute of limitations’’ of a State 

14 means, with respect to a court action, the law of 

15 that State which establishes the time within which 

16 such an action may be brought.

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