News-Info-Alerts

Re: POW Assistance Act

To: ALL

From: Andi Wolos & Bob Necci

(POW-MIA InterNetwork)

Date: March 20, 2002

"POW Assistance Act of 2001 (Introduced in the Senate)

S 1272 IS

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 and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

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.Bill Summary & Status for the 107th Congress

S.1272
Sponsor: Sen Hatch, Orrin G.(introduced 7/31/2001)
Latest Major Action: 7/31/2001 Referred to Senate committee
Title: 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.
TITLE(S):  (italics indicate a title for a portion of a bill)

* POPULAR TITLE(S):
United States Prisoners of War bill (identified by CRS)

* SHORT TITLE(S) AS INTRODUCED:
POW Assistance Act of 2001
* OFFICIAL TITLE AS INTRODUCED:
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.

STATUS:

7/31/2001:
Read twice and referred to the Committee on Veterans' Affairs.

COMMITTEE(S):

Committee/Subcommittee: Activity:
Senate Veterans' Affairs Referral

RELATED BILL DETAILS:

***NONE***

AMENDMENT(S):

***NONE***

COSPONSORS(3), ALPHABETICAL [followed by Cosponsors withdrawn]:

Sen Feinstein, Dianne - 7/31/2001 Sen Harkin, Tom - 8/1/2001
Sen Smith, Bob - 8/1/2001

SUMMARY AS OF:
7/31/2001--Introduced.

POW Assistance Act of 2001 - Requires a Federal court, in an action brought by any U.S. prisoner of war (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 POW during World War II, to apply the applicable statute of limitations of the State in which the action was brought. Terminates such requirement ten years after the enactment of this Act.