[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1902 Reported in Senate (RS)]






                                                       Calendar No. 700
106th CONGRESS
  2d Session
                                S. 1902

 To require disclosure under the Freedom of Information Act regarding 
 certain persons and records of the Japanese Imperial Army in a manner 
that does not impair any investigation or prosecution conducted by the 
 Department of Justice or certain intelligence matters, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 1999

Mrs. Feinstein (for herself, Mr. Wellstone, Mr. Grams, Mrs. Boxer, Mr. 
Levin, Mr. Hatch Mr. Robb, Mr. Ashcroft, and Mr. Warner) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                              May 18, 2000

                Reported by Mr. Hatch, with an amendment
                  [Insert the part printed in italic]

                 June 7 (legislative day, June 6), 2000

 Referred to the Select Committee on Intelligence pursuant to section 
 3(b) of S. Res. 400, 94th Congress for a period not to exceed 30 days 
                               of session

                             July 20, 2000

                Reported by Mr. Shelby, with amendments
 [Omit the part in boldface brackets and insert the part in bold roman]

_______________________________________________________________________

                                 A BILL


 
 To require disclosure under the Freedom of Information Act regarding 
 certain persons and records of the Japanese Imperial Army in a manner 
that does not impair any investigation or prosecution conducted by the 
 Department of Justice or certain intelligence matters, 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 ``Japanese Imperial Army Disclosure 
Act''.

SEC. 2. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY RECORDS INTERAGENCY 
              WORKING GROUP.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given such 
        term under section 551 of title 5, United States Code.
            (2) Interagency group.--The term ``Interagency Group'' 
        means the Japanese Imperial Army Records Interagency Working 
        Group established under subsection (b).
            (3) Japanese imperial army records.--The term ``Japanese 
        Imperial Army records'' means classified records or portions of 
        records that pertain to any person with respect to whom the 
        United States Government, in its sole discretion, has grounds 
        to believe ordered, incited, assisted, or otherwise 
        participated in the experimentation and persecution of any 
        person because of race, religion, national origin, or political 
        option, during the period beginning September 18, 1931, and 
        ending on December 31, 1948, under the direction of, or in 
        association with--
                    (A) the Japanese Imperial Army;
                    (B) any government in any area occupied by the 
                military forces of the Japanese Imperial Army;
                    (C) any government established with the assistance 
                or cooperation of the Japanese Imperial Army; or
                    (D) any government which was an ally of the 
                Imperial Army of Japan.
            (4) Record.--The term ``record'' means a Japanese Imperial 
        Army record.
    (b) Establishment of Interagency Group.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the President shall establish the 
        Japanese Imperial Army Records Interagency Working Group, which 
        shall remain in existence for 3 years after the date the 
        Interagency Group is established.
            (2) Membership.--The President shall appoint to the 
        Interagency Group individuals whom the President determines 
        will most completely and effectively carry out the functions of 
        the Interagency Group within the time limitations provided in 
        this section, including the Historian of the Department of 
        State, the Archivist of the United States, the head of any 
        other agency the President considers appropriate, and no more 
        than 3 other persons. The head of an agency appointed by the 
        President may designate an appropriate officer to serve on the 
        Interagency Group in lieu of the head of such agency.
            (3) Initial meeting.--Not later than 90 days after the date 
        of enactment of this Act, the Interagency Group shall hold an 
        initial meeting and begin the functions required under this 
        section.
    (c) Functions.--Not later than 1 year after the date of enactment 
of this Act, the Interagency Group shall, to the greatest extent 
possible consistent with section 3 of this Act--
            (1) locate, identify, inventory, recommend for 
        declassification, and make available to the public at the 
        National Archives and Records Administration, all classified 
        Japanese Imperial Army records of the United States;
            (2) coordinate with agencies and take such actions as 
        necessary to expedite the release of such records to the 
        public; and
            (3) submit a report to Congress, including the Committee on 
        Government Reform and Oversight of the House of 
        Representatives, the Select Committee on Intelligence of the 
        Senate, the Permanent Select Committee on Intelligence of the 
        House of Representatives, and the Senate Committee on the 
        Judiciary, describing all such records, the disposition of such 
        records, and the activities of the Interagency Group and 
        agencies under this section.
    (d) Funding.--There are authorized to be appropriated such sum as 
may be necessary to carry out the provisions of this Act.

SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS.

    [(a) Release of Records.--
            [(1) In general.--Subject to paragraphs (2), (3), and (4), 
        the Japanese Imperial Army Records Interagency Working Group 
        shall release in their entirety Japanese Imperial Army records.
            [(2) Exception for privacy.--An agency head may exempt from 
        release under paragraph (1) specific information, that would--
                    [(A) constitute a clearly unwarranted invasion of 
                personal privacy;
                    [(B) reveal the identity of a confidential human 
                source, or reveal information about the application of 
                an intelligence source or method, or reveal the 
                identity of a human intelligence source when the 
                unauthorized disclosure of that source would clearly 
                and demonstrably damage the national security interests 
                of the United States;
                    [(C) reveal information that would assist in the 
                development or use of weapons of mass destruction;
                    [(D) reveal information that would impair United 
                States cryptologic systems or activities;
                    [(E) reveal information that would impair the 
                application of state-of-the-art technology within a 
                United States weapon system;
                    [(F) reveal actual United States military war plans 
                that remain in effect;
                    [(G) reveal information that would seriously and 
                demonstrably impair relations between the United States 
                and a foreign government, or seriously and demonstrably 
                undermine ongoing diplomatic activities of the United 
                States;
                    [(H) reveal information that would clearly, and 
                demonstrably impair the current ability of United 
                States Government officials to protect the President, 
                Vice President, and other officials for whom protection 
                services are authorized in the interest of national 
                security;
                    [(I) reveal information that would seriously and 
                demonstrably impair current national security emergency 
                preparedness plans; or
                    [(J) violate a treaty or other international 
                agreement.
            [(3) Applications of exemptions.--
                    [(A) In general.--In applying the exemptions 
                provided in subparagraphs (B) through (J) of paragraph 
                (2), there shall be a presumption that the public 
                interest will be served by disclosure and release of 
                the records of the Japanese Imperial Army. The 
                exemption may be asserted only when the head of the 
                agency that maintains the records determines that 
                disclosure and release would be harmful to a specific 
                interest identified in the exemption. An agency head 
                who makes such a determination shall promptly report it 
                to the committees of Congress with appropriate 
                jurisdiction, including the Committee on the Judiciary 
                of the Senate and the Committee on Government Reform 
                and Oversight of the House of Representatives.
                    [(B) Application of title 5.--A determination by an 
                agency head to apply an exemption provided in 
                subparagraphs (B) through (I) of paragraph (2) shall be 
                subject to the same standard of review that applies in 
                the case of records withheld under section 552(b)(1) of 
                title 5, United States Code.
            [(4) Limitation on exemptions.--
                    [(A) In general.--The exemptions set forth in 
                paragraph (2) shall constitute the only grounds 
                pursuant to which an agency head may exempt records 
                otherwise subject to release under paragraph (1).
                    [(B) Records related to investigation or 
                prosecutions.--This subsection shall not apply to 
                records--
                            [(i) related to or supporting any active or 
                        inactive investigation, inquiry, or prosecution 
                        by the Office of Special Investigations of the 
                        Department of Justice; or
                            [(ii) solely in the possession, custody, or 
                        control of the Office of Special 
                        Investigations.
    [(b) Inapplicability of National Security Act of 1947 Exemption.--
Section 701(a) of the National Security Act of 1947 (50 U.S.C. 431) 
shall not apply to any operational file, or any portion of any 
operational file, that constitutes a Japanese Imperial Army record 
under this Act.]
    (a) Release of Records.--Subject to subsections (b), (c), and (d), 
the Japanese Imperial Army Records Interagency Working Group shall 
release in their entirety Japanese Imperial Army records.
    (b) Exception for Privacy.--An agency head may exempt from release 
under subsection (a) specific information, that would--
            (1) constitute a clearly unwarranted invasion of personal 
        privacy;
            (2) reveal the identity of a confidential human source, or 
        reveal information about the application of an intelligence 
        source or method, or reveal the identity of a human 
        intelligence source when the unauthorized disclosure of that 
        source would clearly and demonstrably damage the national 
        security interests of the United States;
            (3) reveal information that would assist in the development 
        or use of weapons of mass destruction;
            (4) reveal information that would impair United States 
        cryptologic systems or activities;
            (5) reveal information that would impair the application of 
        state-of-the-art technology within a United States weapon 
        system;
            (6) reveal actual United States military war plans that 
        remain in effect;
            (7) reveal information that would seriously and 
        demonstrably impair relations between the United States and a 
        foreign government, or seriously and demonstrably undermine 
        ongoing diplomatic activities of the United States;
            (8) reveal information that would clearly, and demonstrably 
        impair the current ability of United States Government 
        officials to protect the President, Vice President, and other 
officials for whom protection services are authorized in the interest 
of national security;
            (9) reveal information that would seriously and 
        demonstrably impair current national security emergency 
        preparedness plans; or
            (10) violate a treaty or other international agreement.
    (c) Applications of Exemptions.--
            (1) In general.--In applying the exemptions provided in 
        paragraphs (2) through (10) of subsection (b), there shall be a 
        presumption that the public interest will be served by 
        disclosure and release of the records of the Japanese Imperial 
        Army. The exemption may be asserted only when the head of the 
        agency that maintains the records determines that disclosure 
        and release would be harmful to a specific interest identified 
        in the exemption. An agency head who makes such a determination 
        shall promptly report it to the committees of Congress with 
        appropriate jurisdiction, including the Committee on the 
        Judiciary and the Select Committee on Intelligence of the 
        Senate and the Committee on Government Reform and Oversight and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives.
            (2) Application of title 5.--A determination by an agency 
        head to apply an exemption provided in paragraphs (2) through 
        (9) of subsection (b) shall be subject to the same standard of 
        review that applies in the case of records withheld under 
        section 552(b)(1) of title 5, United States Code.
    (d) Limitation on Exemptions.--
            (1) In general.--The exemptions set forth in subsection (b) 
        shall constitute the only grounds pursuant to which an agency 
        head may exempt records otherwise subject to release under 
        subsection (a).
            (2) Records related to investigation or prosecutions.--This 
        section shall not apply to records--
                    (A) related to or supporting any active or inactive 
                investigation, inquiry, or prosecution by the Office of 
                Special Investigations of the Department of Justice; or
                    (B) solely in the possession, custody, or control 
                of the Office of Special Investigations.

SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR JAPANESE IMPERIAL 
              ARMY RECORDS.

    For purposes of expedited processing under section 552(a)(6)(E) of 
title 5, United States Code, any person who was persecuted in the 
manner described in section 2(a)(3) and who requests a Japanese 
Imperial Army record shall be deemed to have a compelling need for such 
record.

SEC. 5. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date that is 90 
days after the date of enactment of this Act.




                                                       Calendar No. 700

106th CONGRESS

  2d Session

                                S. 1902

_______________________________________________________________________

                                 A BILL

 To require disclosure under the Freedom of Information Act regarding 
 certain persons and records of the Japanese Imperial Army in a manner 
that does not impair any investigation or prosecution conducted by the 
 Department of Justice or certain intelligence matters, and for other 
                               purposes.

_______________________________________________________________________

                             July 20, 2000

                        Reported with amendments