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 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 
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 addi-
tion to the Committees on International Relations and Government Re-
form, 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 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 2003’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) During World War II, members of the 
United States Armed Forces held as prisoners of 
war by Japan were forced to provide labor for Japa-
nese privately owned corporations in functions unre-
lated to the prosecution 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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