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 mis-
treatment 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 Michi-
gan, Mr. SAXTON, Mr. SHOWS, Mr. RILEY, Mr. DOOLITTLE, Mr. BART-
LETT 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 Com-
mittee on the Judiciary, and in addition to the Committees on Inter-
national Relations, and Government Reform, for a period to be subse-
quently 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 mistreat-
ment or failure to pay wages in connection with labor
performed in Japan to the benefit of the Japanese na-
tionals, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Justice for United
States Prisoners of War Act of 2001’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) During World War II, members of the
United States Armed Forces war by Japan were
forced to provide labor for Japanese privately owned
corporations in functions unrelated to the prosecu-
tion of the war.
(2) These Japanese corporations violated inter-
national law, including the standards required under
international conventions relating to protection of
prisoners of war, by failing to pay wages for that
labor, by allowing and promoting torture and mis-
treatment of the United States prisoners of war at
the hand of their private employees, and by with-
holding food and medical treatment.
(3) In the Treaty of Peace with Japan, signed
at San Francisco in 1951, Japan admitted liability
for its illegal and inhumane conduct toward the Al-
lied Powers and, in particular, liability for such con-
duct toward members of the armed forces of the Al-
lied Powers held as prisoners of war.
(4) Despite this admission of liability, article
14(b) of the Treaty has been construed to waive all
claims of nationals of the United States, including
claims of members of the United States Armed
Forces held as prisoners of war by Japan during
World War II.
(5) Under article 26 of the Treaty, the Govern-
ment of Japan agreed that, if it entered into a war
claims settlement agreement with any other country
that provided terms more beneficial than those
terms extended to the parties to the Treaty, then
those more favorable terms would be extended to
each of the parties to the Treaty, including the
United States.
(6) Since the entry into force of the Treaty in
1952, the Government of Japan has entered into
war claims settlement agreements with other coun-
tries that provide terms more beneficial than those
terms extended to the parties to the Treaty with re-
spect to claims by nationals of those countries
against Japanese nationals, allowing such claims to
be pursued without limitation, restriction, or waiver
or any type.
(7) In accordance with article 26 of the Treaty,
Japan is obligated to extend the same more bene-
ficial terms under the subsequent war claims settle-
ment agreements with other countries described in
paragraph (6) to the United States, including to na-
tionals of the United States who as members of the
United States Armed Forces were held as prisoners
of war by Japan during World War II and were
forced to provide labor without compensation and
under inhumane conditions.
(8) The people of the United States owe a deep
and eternal debt to members of the United States
Armed Forces held as prisoners of war by Japan
during World War II for their heroism and sacrifice
on the nation’s behalf in the first days after Japan’s
ignominious aggression against the United States at
Pearl Harbor, Bataan, and Corregidor.
(9) The pursuit of justice by members of the
United States Armed Forces held as prisoners of
war by Japan during World War II who were forced
to provide labor without compensation and under in-
humane conditions through lawsuits filed in the
courts of the United States, where otherwise sup-
ported by applicable standards established by Fed-
eral, State, or international law, is consistent with
the interests of the United States and should not be
deemed preempted by any other provision of law or
the Treaty.
(10) Japanese records relating to chemical and
biological experiments conducted on members of the
United States Armed Forces held as prisoners of
war by Japan during World War II that were turned
over to the United States Government after the war
have been withheld from such United States pris-
oners of war and their physicians, despite repeated
requests for disclosure of such records by the pris-
oners of war themselves, the Department of Vet-
erans Affairs, and the Congress.
SEC. 3. SUITS AGAINST JAPANESE NATIONALS.
(a) IN GENERAL.—In any action in a Federal court
brought by one or more members of the United States
Armed Forces held as a prisoner of war by Japan during
World War II against one or more Japanese nationals (in-
cluding entities organized or incorporated under Japanese
law or any affiliates of such entities organized or incor-
porated under the laws of any State) seeking compensa-
tion for mistreatment or failure to pay wages in connection
with labor performed in Japan by such United States pris-
oners of war to the benefit of such Japanese nationals (or
their predecessors) during World War II, the court—
(1) shall apply the applicable statute of limita-
tions of the State in which the action is pending;
and
(2) shall not construe section 14(b) of the Trea-
ty of Peace with Japan as constituting a waiver by
the United States of claims by nationals of the
United States, including claims by members of the
United States Armed Forces, so as to preclude the
pending action.
(b) RULE OF CONSTRUCTION.—Subsection (a) pro-
vides for the facilitation of actions against Japanese na-
tionals described in such subsection and shall not be con-
strued as providing for the facilitation of actions against
the present Government of Japan or the people of Japan.
(c) SUNSET.—Paragraph (1) of subsection (a) shall
cease to apply at the end of the 10-year period beginning
on the date of the enactment of this Act.
SEC. 4. APPLICABILITY OF RIGHTS UNDER ARTICLE 26 OF
THE TREATY OF PEACE WITH JAPAN.
It is the policy of the United States Government to
ensure that all terms under any war claims settlement
agreement between Japan and any other country that are
more beneficial than those terms extended to the United
States under the Treaty of Peace with Japan are extended
to the United States in accordance with article 26 of the
Treaty with respect to claims by nationals of the United
States who as members of the United States Armed
Forces were held as prisoners of war by Japan during
World War II and were forced to provide labor without
compensation and under inhumane conditions.
SEC. 5. AVAILABILITY OF INFORMATION RELATING TO CER-
TAIN CHEMICAL AND BIOLOGICAL TESTS
CONDUCTED BY JAPAN DURING WORLD WAR
II.
(a) AVAILABILITY OF INFORMATION TO THE SEC-
RETARY OF VETERANS AFFAIRS.—Notwithstanding any
other provision of law, the Secretary of Veterans Affairs
may secure directly from any department or agency of the
United States information relating to chemical or biologi-
cal tests conducted by Japan on members of the United
States Armed Forces held as prisoners of war by Japan
during World War II, including any such information pro-
vided to the United States Government by Japan. Upon
request of the Secretary of Veterans Affairs, the head of
that department or agency shall furnish that information
to the Secretary.
(b) AVAILABILITY OF INFORMATION TO INTERESTED
MEMBERS OF THE ARMED FORCES.—Any information re-
ceived by the Secretary of Veterans Affairs under sub-
section (a) with respect to an individual member of the
United States Armed Forces held as a prisoner of war
by Japan during World War II may be made available to
such individual to the extent otherwise provided by law.
SEC. 6. DEFINITIONS.
In this Act:
(1) TREATY OF PEACE WITH JAPAN; TREATY.—
The terms ‘‘Treaty of Peace with Japan’’ and
‘‘Treaty’’ mean the Treaty of Peace with Japan,
signed at San Francisco on September 8, 1951 (3
UST 3169).
(2) STATE.—The term ‘‘State’’ means the sev-
eral States, the District of Columbia, and any com-
monwealth, territory or possession of the United
States.
(3) APPLICABLE STATUTE OF LIMITATIONS.—
The ‘‘applicable statute of limitations’’ of a State
means, with respect to a court action, the law of
that State which establishes the time within which
such an action may be brought.
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