I

107TH CONGRESS

1ST SESSION H. R. 1198

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

MARCH 22, 2001

Mr. ROHRABACHER (for himself, Mr. HONDA, Mr. DELAY, Mr. CUNNINGHAM,

Mr. WHITFIELD, Mr. JEFFERSON, Mrs. WILSON, Mr. ROGERS of Michigan, Mr. SAXTON, Mr. SHOWS, Mr. RILEY, Mr. DOOLITTLE, Mr. BARTLETT of Maryland, Ms. ROS-LEHTINEN, Mr. HAYES, Mr. GIBBONS, Mr.

SCHAFFER, Mrs. KELLY, Mr. PENCE, Mrs. CAPITO, Mr. REHBERG, Mr.

BONIOR, Mr. EVANS, Mr. BORSKI, Mr. FROST, Mr. PICKERING, Mr.

FOLEY, Mr. CANNON, Mr. DEMINT, Mr. MCCRERY, and Mr. WALDEN of

Oregon) 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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 States Prisoners of War Act of 2001’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

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

9 United States Armed Forces war by Japan were

10 forced to provide labor for Japanese privately owned

11 corporations in functions unrelated to the prosecu12 tion of the war.

13 (2) These Japanese corporations violated inter14 national law, including the standards required under

15 international conventions relating to protection of

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

17 labor, by allowing and promoting torture and mis18 treatment of the United States prisoners of war at

19 the hand of their private employees, and by with20 holding food and medical treatment.

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

22 at San Francisco in 1951, Japan admitted liability

23 for its illegal and inhumane conduct toward the Al24 lied Powers and, in particular, liability for such con-
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1 duct toward members of the armed forces of the Al2 lied Powers held as prisoners of war.

3 (4) Despite this admission of liability, article

4 14(b) of the Treaty has been construed to waive all

5 claims of nationals of the United States, including

6 claims of members of the United States Armed

7 Forces held as prisoners of war by Japan during

8 World War II.

9 (5) Under article 26 of the Treaty, the Govern10 ment of Japan agreed that, if it entered into a war

11 claims settlement agreement with any other country

12 that provided terms more beneficial than those

13 terms extended to the parties to the Treaty, then

14 those more favorable terms would be extended to

15 each of the parties to the Treaty, including the

16 United States.

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

18 1952, the Government of Japan has entered into

19 war claims settlement agreements with other coun20 tries that provide terms more beneficial than those

21 terms extended to the parties to the Treaty with re22 spect to claims by nationals of those countries

23 against Japanese nationals, allowing such claims to

24 be pursued without limitation, restriction, or waiver

25 or any type.
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1 (7) In accordance with article 26 of the Treaty,

2 Japan is obligated to extend the same more bene3 ficial terms under the subsequent war claims settle4 ment agreements with other countries described in

5 paragraph (6) to the United States, including to na6 tionals of the United States who as members of the

7 United States Armed Forces were held as prisoners

8 of war by Japan during World War II and were

9 forced to provide labor without compensation and

10 under inhumane conditions.

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

12 and eternal debt to members of the United States

13 Armed Forces held as prisoners of war by Japan

14 during World War II for their heroism and sacrifice

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

16 ignominious aggression against the United States at

17 Pearl Harbor, Bataan, and Corregidor.

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

19 United States Armed Forces held as prisoners of

20 war by Japan during World War II who were forced

21 to provide labor without compensation and under in22 humane conditions through lawsuits filed in the

23 courts of the United States, where otherwise sup24 ported by applicable standards established by Fed25 eral, State, or international law, is consistent with
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1 the interests of the United States and should not be

2 deemed preempted by any other provision of law or

3 the Treaty.

4 (10) Japanese records relating to chemical and

5 biological experiments conducted on members of the

6 United States Armed Forces held as prisoners of

7 war by Japan during World War II that were turned

8 over to the United States Government after the war

9 have been withheld from such United States pris10 oners of war and their physicians, despite repeated

11 requests for disclosure of such records by the pris12 oners of war themselves, the Department of Vet13 erans Affairs, and the Congress.

14 SEC. 3. SUITS AGAINST JAPANESE NATIONALS.

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

16 brought by one or more members of the United States

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

18 World War II against one or more Japanese nationals (in19 cluding entities organized or incorporated under Japanese

20 law or any affiliates of such entities organized or incor21 porated under the laws of any State) seeking compensa22 tion for mistreatment or failure to pay wages in connection

23 with labor performed in Japan by such United States pris24 oners of war to the benefit of such Japanese nationals (or

25 their predecessors) during World War II, the court—
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1 (1) shall apply the applicable statute of limita2 tions of the State in which the action is pending;

3 and

4 (2) shall not construe section 14(b) of the Trea5 ty of Peace with Japan as constituting a waiver by

6 the United States of claims by nationals of the

7 United States, including claims by members of the

8 United States Armed Forces, so as to preclude the

9 pending action.

10 (b) RULE OF CONSTRUCTION.—Subsection (a) pro11 vides for the facilitation of actions against Japanese na12 tionals described in such subsection and shall not be con13 strued as providing for the facilitation of actions against

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

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

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

17 on the date of the enactment of this Act.

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

19 THE TREATY OF PEACE WITH JAPAN.

20 It is the policy of the United States Government to

21 ensure that all terms under any war claims settlement

22 agreement between Japan and any other country that are

23 more beneficial than those terms extended to the United

24 States under the Treaty of Peace with Japan are extended

25 to the United States in accordance with article 26 of the
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1 Treaty with respect to claims by nationals of the United

2 States who as members of the United States Armed

3 Forces were held as prisoners of war by Japan during

4 World War II and were forced to provide labor without

5 compensation and under inhumane conditions.

6 SEC. 5. AVAILABILITY OF INFORMATION RELATING TO CER7 TAIN CHEMICAL AND BIOLOGICAL TESTS

8 CONDUCTED BY JAPAN DURING WORLD WAR

9 II.

10 (a) AVAILABILITY OF INFORMATION TO THE SEC11 RETARY OF VETERANS AFFAIRS.—Notwithstanding any

12 other provision of law, the Secretary of Veterans Affairs

13 may secure directly from any department or agency of the

14 United States information relating to chemical or biologi15 cal tests conducted by Japan on members of the United

16 States Armed Forces held as prisoners of war by Japan

17 during World War II, including any such information pro18 vided to the United States Government by Japan. Upon

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

20 that department or agency shall furnish that information

21 to the Secretary.

22 (b) AVAILABILITY OF INFORMATION TO INTERESTED

23 MEMBERS OF THE ARMED FORCES.—Any information re24 ceived by the Secretary of Veterans Affairs under sub25 section (a) with respect to an individual member of the
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1 United States Armed Forces held as a prisoner of war

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

3 such individual to the extent otherwise provided by law.

4 SEC. 6. DEFINITIONS.

5 In this Act:

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

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

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

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

10 UST 3169).

11 (2) STATE.—The term ‘‘State’’ means the sev12 eral States, the District of Columbia, and any com13 monwealth, territory or possession of the United

14 States.

15 (3) APPLICABLE STATUTE OF LIMITATIONS.—

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

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

18 that State which establishes the time within which

19 such an action may be brought.

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