States that it is U.S. policy to ensure that any war claims settlement terms between Japan and any other country that are more favorable than terms extended to the United States under the above Treaty will be extended to the United States with respect to claims under this Act.
Authorizes the Secretary of Veterans Affairs to secure information relating to chemical or biological tests conducted by Japan on members of the U.S. armed forces held as prisoners of war during World War II.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1154 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1154
To preserve certain actions brought in Federal court against Japanese
defendants by members of the United States Armed Forces held by Japan
as prisoners of war during World War II.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 29, 2001
Mr. Smith of New Hampshire (for himself and Mr. Warner) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To preserve certain actions brought in Federal court against Japanese
defendants by members of the United States Armed Forces held by Japan
as prisoners of war during World War II.
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) International law, including international conventions
relating to the protection of prisoners of war, was violated
when these Japanese corporations--
(A) failed to pay wages to captured United States
servicemembers for their labor;
(B) allowed and promoted torture and mistreatment
of captured United States servicemembers; and
(C) withheld food and medical treatment from
captured United States servicemembers.
(3) In the Treaty of Peace with Japan, signed at San
Francisco September 8, 1951 (3 UST 3169), the Government of
Japan admitted liability for illegal conduct toward the Allied
Powers and, in particular, liability for illegal and inhumane
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 private claims by
nationals of the United States, including private claims by
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 Japan entered into a war claims settlement
agreement with a country that is not a party to the Treaty that
provides more favorable terms to that country than the terms
Japan extended to the parties to the Treaty, then Japan would
extend those more favorable terms to each of the parties to the
Treaty, including to 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 countries that are not party to the Treaty that
provide more favorable terms than those extended to the parties
to the Treaty, such as terms that allow claims by nationals of
those countries against Japanese nationals 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 those same favorable terms 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 who 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 the heroic United States servicemembers held as
prisoners of war by Japan for the sacrifices those
servicemembers made on behalf of the United States in the days
after the ignominious aggression of Japan against the United
States at Pearl Harbor, Bataan, and Corregidor.
(9) The pursuit of justice by those servicemembers through
lawsuits filed in the United States, where otherwise supported
by Federal, State, or international law, is consistent with the
interests of the United States and should not be preempted by
any other provision of law or by the Treaty.
(10) Despite repeated requests for disclosure by United
States servicemembers, the Department of Veterans Affairs, and
Congress, the United States Government has withheld from those
servicemembers and their physicians Japanese records that were
turned over to the United States and that relate to chemical
and biological experiments conducted on United States
servicemembers held as prisoners of war by Japan during World
War II.
SEC. 3. SUITS AGAINST JAPANESE NATIONALS.
(a) In General.--In an action brought in a Federal court against a
Japanese defendant by a member of the United States Armed Forces who
was held as a prisoner of war by Japan during World War II that seeks
compensation for mistreatment or failure to pay wages in connection
with labor performed by such a member to the benefit of the Japanese
defendant during World War II, the court--
(1) shall apply the applicable statute of limitations of
the State in which the Federal court hearing the case is
located;
(2) shall not construe Article 14(b) of the Treaty 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) Sunset.--Paragraph (1) of subsection (a) shall cease to apply
at the end of the 10-year period beginning on the date of 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 favorable than those terms extended to the
United States under the Treaty, will be 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 who 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 request from, and the head of the department or
agency so requested shall provide to the Secretary, 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 information provided to the United
States Government by Japan.
(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 that individual to the extent
otherwise provided by law.
SEC. 6. DEFINITIONS.
In this Act:
(1) Japanese defendant.--
(A) In general.--The term ``Japanese defendant''
means a Japanese national, an entity organized or
incorporated under Japanese law, an affiliate of an
entity organized or incorporated under Japanese law
that is organized or incorporated under the laws of any
State, and any predecessor of that entity or affiliate.
(B) Limitation.--The term does not include the
Government of Japan.
(2) State.--The term ``State'' means the several States,
the District of Columbia, and any commonwealth, territory or
possession of the United States.
(3) Treaty.--The term ``Treaty'' mean the Treaty of Peace
with Japan, signed at San Francisco on September 8, 1951 (3 UST
3169).
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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