[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1272 Committee Discharged Senate (CDS)]







107th CONGRESS
  1st Session
                                S. 1272

  To assist United States veterans who were treated as slave laborers 
 while held as prisoners of war by Japan during World War II, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2001

 Mr. Hatch (for himself, Mrs. Feinstein, Mr. Harkin, and Mr. Smith of 
New Hampshire) introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                             June 18, 2002

    Committee discharged; referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To assist United States veterans who were treated as slave laborers 
 while held as prisoners of war by Japan during World War II, 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 ``POW Assistance Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) During World War II, members of the United States Armed 
        Forces who were prisoners of war in Japan were forced to 
        provide labor for Japanese privately owned corporations in 
        functions unrelated to the prosecution of the war.
            (2) The Japanese corporations did not comply with the 
        standards required under international conventions relating to 
        the protection of prisoners of war, including by failing to pay 
        wages for the forced labor performed by United States prisoners 
        of war, by allowing and promoting torture and mistreatment of 
        these POWs at the hands of their private employees, and by 
        withholding food and medical treatment for these POWs.
            (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 by Japan.
            (4) 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 behalf of the United States, especially their 
        heroism and sacrifice in the first days after Japan's 
        ignominious aggression against the United States at Pearl 
        Harbor, Bataan, and Corregidor.
            (5) The pursuit of justice by the United States POWs, who 
        were forced to perform slave labor under inhumane conditions, 
        through lawsuits filed in the courts of the United States, 
        where otherwise supported by applicable Federal, State, or 
        international law, is consistent with the interests of the 
        United States.

SEC. 3. APPLICABLE STATUTES OF LIMITATIONS IN SUITS AGAINST JAPANESE 
              PERSONS.

    (a) In General.--In any action pending in or removed to a Federal 
court which was brought by any United States POW against a Japanese 
person seeking money damages for mistreatment or failure to pay wages 
in connection with labor performed for the Japanese person by the 
United States POW during World War II, the Federal court shall apply 
the applicable statute of limitations of the State in which the action 
was brought.
    (b) Rule of Construction.--Subsection (a) provides for the 
facilitation of actions against Japanese persons and shall not be 
construed as providing for the facilitation of actions against the 
Government of Japan.
    (c) Sunset.--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. DEFINITIONS.

    In this Act:
            (1) Applicable statute of limitations.--The term 
        ``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.
            (2) Japanese person.--The term ``Japanese person'' means--
                    (A) any national of Japan;
                    (B) any corporation, company, association, 
                partnership, or sole proprietorship having its 
                principal place of business within Japan or organized 
                or incorporated under the laws of Japan or any 
                political subdivision thereof; and
                    (C) any foreign subsidiary or affiliate of a 
                national or entity of Japan under subparagraph (A) or 
                (B) if controlled in fact by the national or entity.
            (3) State.--The term ``State'' means the several States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.
            (4) 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).
            (5) United states pow.--The term ``United States POW'' 
        means any member of the United States Armed Forces held as a 
        prisoner of war by Japan during World War II.
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