Hatch/Feinstein Introduce POW Assistance Act of 2001
to assist American soldiers forced into slave labor by
Japanese companies during World War II

August 1, 2001

Washington - Senators Orrin G. Hatch (R-UT) and Dianne Feinstein (D-CA) today introduced legislation to assist American soldiers that were forced into slave labor by Japanese companies during World War II.

The POW Assistance Act of 2001 makes clear that any claims brought in state court, and subsequently removed to federal court, will still have the benefit of the extended statute of limitations enacted by the state legislatures. The statute of limitations should not be permitted to cut off these claims before they can be heard on the merits. Today's bill does nothing more than ensure that these POWs receive their fair day in court.

"More than fifty years have passed since the atrocities occurred, yet our veterans are still waiting for accountability and justice and it is high time that they receive some measure of compensation," stated Hatch. "We have now had a hearing on this matter before the Senate Judiciary Committee, passed legislation to declassify thousands of Japanese Imperial Army records held by the US government, and have introduced the POW Assistance Act of 2001 that allows these valiant veterans of World War II to have their fair day in court. We in the Senate have a moral obligation to do what we can to ensure that they are justly compensated. I urge our colleagues on both sides of the aisle to act quickly in support of this bipartisan bill."

"A recently enacted California law enables World War II veterans who were forced to perform slave labor to seek damages in court until the year 2010." Senator Feinstein said. "Thus far, seventeen lawsuits have been filed on behalf of former POWs who survived forced labor, beatings, and starvation at the hands of Japanese companies."

"The bill that Senator Hatch and I introduced today does not indicate how these cases should be decided. It simply holds that the lawsuits filed in California -- or any that are filed before the statute of limitations expires -- should be allowed to go forward so that these cases can be determined on their merits, without impeding the right of the POWs to pursue justice."

On April 9, 1942, Allied forces in the Philippines surrendered the Bataan Peninsula to the Japanese. Ten to twelve thousand American soldiers were forced to march some 60 miles in broiling heat in a deadly trek known as the Bataan Death March. Following a lengthy internment under horrific conditions, thousands of POWs were shipped to Japan in the holds of freighters known as "Hell Ships." Once in Japan, the survivors of the Bataan Death March were joined by hundreds of other American POWs - POWs who had been captured by the Japanese in actions throughout the Pacific theater of war - at Corregidor, at Guam, at Wake Island, and at countless other battlegrounds.

After arriving in Japan, many of the American POWs were forced into slave labor for private Japanese steel mills and other private companies until the end of the war. During their internment, the American POWs were subjected to torture, and to the withholding of food and medical treatment, in violation of international conventions relating to the protection of prisoners of war.

These heroes of World War II have waited too long for a just resolution of their claims. Unfortunately, global political and security needs of the time often overshadowed their legitimate claims for justice - and these former POWs were once again asked to sacrifice for their country. Following the end of the war, for example, our government instructed many of the POWs held by Japan not to discuss their experiences and treatment. Some were even asked to sign non-disclosure agreements. Consequently, many Americans remain unaware of the atrocities that took place and the suffering our POWs endured.

In June of 2000 the Senate Judiciary Committee held a hearing on the claims being made by the former American POWs against the private Japanese companies, to determine whether the Executive Branch had been doing everything in its power to secure justice for these valiant men.

In the fall of 2000, legislation was signed into law to declassify thousands of Japanese Imperial Army records held by the US government.

Recently, the state of California passed legislation extending the statute of limitations, under state law, to allow the POWs to bring monetary claims against the Japanese corporations that unlawfully employed them. Other states are contemplating such legislation.

"The legislators in California, and other states, have recognized the fairness of allowing these claims to proceed for a decision on the merits. In light of the tangled history of this issue, including the role played by the U.S. government in discouraging these valiant men from pursuing their just claims, it is simply unfair to deny these men their day in court because their claims are supposedly grown stale," stated Hatch. "These claims are not stale in their ability to inspire admiration for the men who survived this ordeal. These claims are not stale in their ability to inspire indignation against the corporations who flouted international standards of decency."

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