*EPF105 03/26/01
Text: Bill Would Allow U.S. WWII POWs to Seek Redress from Japan
(House Resolution 1198 introduced March 22) (2180)

Japan's mistreatment of American prisoners of war (POWs) during World War II and the use of U.S. servicemen for slave labor by Japanese firms are the focus of a bill introduced into the House of Representatives March 22.

The "Justice for United States Prisoners of War Act of 2001" (H.R. 1198) was introduced into the House by Representative Dana Rohrabacher (Republican of California) with 30 co-sponsors that span the political spectrum in that body.

Among the bill's co-sponsors are Representative Tom DeLay (Republican of Texas), the House Majority Whip, and Representative David Bonior (Democrat of Michigan), the House Minority Whip.

H.R. 1198 would allow former POWs who were used as slave labor by Japanese corporations to be able to continue to seek redress through U.S. courts.

The Japanese corporations, the bill says, "violated international 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 mistreatment of the United States prisoners of war at the hand of their private employees, and by withholding food and medical treatment."

While Japan admitted liability for its conduct toward POWs in the peace treaty it signed with the United States in 1951, "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," H.R. 1198 says.

But under article 26 of that treaty, the authors of the bill say, 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."

Since the treaty went into effect, the lawmakers say, Japan has entered into war claims settlement agreements with other countries that enable "claims by nationals of those countries against Japanese nationals ... to be pursued without limitation, restriction, or waiver o(f) any type."

This freedom to pursue claims "without limitation, restriction, or waiver o(f) any type" constitutes "more favorable terms" under article 26 of the 1951 peace treaty, according to the lawmakers, and therefore former U.S. service personnel who have made claims against Japanese nationals through U.S. courts should also be allowed to pursue their cases.

The proposed legislation states that U.S. federal courts "shall not construe section 14(b) of the Treaty 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."

H.R. 1198 would also give the Secretary of Veterans Affairs the right to "secure directly from any department or agency of the United States information relating to chemical or biological 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 provided to the United States Government by Japan."

The bill was referred to the House Government Reform Committee, the House International Relations Committee, and the House Judiciary Committee.

Following is the March 22 text of H.R. 1198 from the Congressional Record:

(begin text)

Justice for United States Prisoners of War Act of 2001
(Introduced in the House)
HR 1198 IH
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.

Be it enacted by the Senate and House of Representatives 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 (held as prisoners of) war by Japan were forced to provide labor for Japanese privately owned corporations in functions unrelated to the prosecution of the war.

(2) These Japanese corporations violated international 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 mistreatment of the United States prisoners of war at the hand of their private employees, and by withholding 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 Allied Powers and, in particular, liability for such conduct toward members of the armed forces of the Allied 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 Government 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 countries that provide terms more beneficial than those terms extended to the parties to the Treaty with respect to claims by nationals of those countries against Japanese nationals, allowing such claims to be pursued without limitation, restriction, or waiver o(f) any type.

(7) In accordance with article 26 of the Treaty, Japan is obligated to extend the same more beneficial terms under the subsequent war claims settlement agreements with other countries described in paragraph (6) to the United States, including to 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.

(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 inhumane conditions through lawsuits filed in the courts of the United States, where otherwise supported by applicable standards established by Federal, 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 prisoners of war and their physicians, despite repeated requests for disclosure of such records by the prisoners of war themselves, the Department of Veterans 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 (including entities organized or incorporated under Japanese law or any affiliates of such entities organized or incorporated under the laws of any State) seeking compensation for mistreatment or failure to pay wages in connection with labor performed in Japan by such United States prisoners 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 limitations of the State in which the action is pending; and

(2) shall not construe section 14(b) of the Treaty 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) provides for the facilitation of actions against Japanese nationals described in such subsection and shall not be construed 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 CERTAIN CHEMICAL AND BIOLOGICAL TESTS CONDUCTED BY JAPAN DURING WORLD WAR II.

(a) AVAILABILITY OF INFORMATION TO THE SECRETARY 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 biological 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 provided 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 received by the Secretary of Veterans Affairs under subsection (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 several States, the District of Columbia, and any commonwealth, 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.

(end text)

(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

NNNN