II

106TH CONGRESS

1ST 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 introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Japanese Imperial

5 Army Disclosure Act’’.
2

•S 1902 IS

1 SEC. 2. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY

2 RECORDS INTERAGENCY WORKING GROUP.

3 (a) DEFINITIONS.—In this section:

4 (1) AGENCY.—The term ‘‘agency’’ has the

5 meaning given such term under section 551 of title

6 5, United States Code.

7 (2) INTERAGENCY GROUP.—The term ‘‘Inter8 agency Group’’ means the Japanese Imperial Army

9 Records Interagency Working Group established

10 under subsection (b).

11 (3) JAPANESE IMPERIAL ARMY RECORDS.—The

12 term ‘‘Japanese Imperial Army records’’ means clas13 sified records or portions of records that pertain to

14 any person with respect to whom the United States

15 Government, in its sole discretion, has grounds to

16 believe ordered, incited, assisted, or otherwise par17 ticipated in the experimentation and persecution of

18 any person because of race, religion, national origin,

19 or political option, during the period beginning Sep20 tember 18, 1931, and ending on December 31,

21 1948, under the direction of, or in association

22 with—

23 (A) the Japanese Imperial Army;

24 (B) any government in any area occupied

25 by the military forces of the Japanese Imperial

26 Army;
3

•S 1902 IS

1 (C) any government established with the

2 assistance or cooperation of the Japanese Impe3 rial Army; or

4 (D) any government which was an ally of

5 the Imperial Army of Japan.

6 (4) RECORD.—The term ‘‘record’’ means a Jap7 anese Imperial Army record.

8 (b) ESTABLISHMENT OF INTERAGENCY GROUP.—

9 (1) IN GENERAL.—Not later than 60 days after

10 the date of enactment of this Act, the President

11 shall establish the Japanese Imperial Army Records

12 Interagency Working Group, which shall remain in

13 existence for 3 years after the date the Interagency

14 Group is established.

15 (2) MEMBERSHIP.—The President shall appoint

16 to the Interagency Group individuals whom the

17 President determines will most completely and effec18 tively carry out the functions of the Interagency

19 Group within the time limitations provided in this

20 section, including the Historian of the Department

21 of State, the Archivist of the United States, the

22 head of any other agency the President considers ap23 propriate, and no more than 3 other persons. The

24 head of an agency appointed by the President may

25 designate an appropriate officer to serve on the
4

•S 1902 IS

1 Interagency Group in lieu of the head of such agen2 cy.

3 (3) INITIAL MEETING.—Not later than 90 days

4 after the date of enactment of this Act, the Inter5 agency Group shall hold an initial meeting and begin

6 the functions required under this section.

7 (c) FUNCTIONS.—Not later than 1 year after the date

8 of enactment of this Act, the Interagency Group shall, to

9 the greatest extent possible consistent with section 3 of

10 this Act—

11 (1) locate, identify, inventory, recommend for

12 declassification, and make available to the public at

13 the National Archives and Records Administration,

14 all classified Japanese Imperial Army records of the

15 United States;

16 (2) coordinate with agencies and take such ac17 tions as necessary to expedite the release of such

18 records to the public; and

19 (3) submit a report to Congress, including the

20 Committee on Government Reform and Oversight of

21 the House of Representatives, describing all such

22 records, the disposition of such records, and the ac23 tivities of the Interagency Group and agencies under

24 this section.
5

•S 1902 IS

1 (d) FUNDING.—There are authorized to be appro2 priated such sum as may be necessary to carry out the

3 provisions of this Act.

4 SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS.

5 (a) RELEASE OF RECORDS.—

6 (1) IN GENERAL.—Subject to paragraphs (2),

7 (3), and (4), the Japanese Imperial Army Records

8 Interagency Working Group shall release in their en9 tirety Japanese Imperial Army records.

10 (2) EXCEPTION FOR PRIVACY.—An agency head

11 may exempt from release under paragraph (1) spe12 cific information, that would—

13 (A) constitute a clearly unwarranted inva14 sion of personal privacy;

15 (B) reveal the identity of a confidential

16 human source, or reveal information about the

17 application of an intelligence source or method,

18 or reveal the identity of a human intelligence

19 source when the unauthorized disclosure of that

20 source would clearly and demonstrably damage

21 the national security interests of the United

22 States;

23 (C) reveal information that would assist in

24 the development or use of weapons of mass de25 struction;
6

•S 1902 IS

1 (D) reveal information that would impair

2 United States cryptologic systems or activities;

3 (E) reveal information that would impair

4 the application of state-of-the-art technology

5 within a United States weapon system;

6 (F) reveal actual United States military

7 war plans that remain in effect;

8 (G) reveal information that would seriously

9 and demonstrably impair relations between the

10 United States and a foreign government, or se11 riously and demonstrably undermine ongoing

12 diplomatic activities of the United States;

13 (H) reveal information that would clearly,

14 and demonstrably impair the current ability of

15 United States Government officials to protect

16 the President, Vice President, and other offi17 cials for whom protection services are author18 ized in the interest of national security;

19 (I) reveal information that would seriously

20 and demonstrably impair current national secu21 rity emergency preparedness plans; or

22 (J) violate a treaty or other international

23 agreement.

24 (3) APPLICATIONS OF EXEMPTIONS.—
7

•S 1902 IS

1 (A) IN GENERAL.—In applying the exemp2 tions provided in subparagraphs (B) through

3 (J) of paragraph (2), there shall be a presump4 tion that the public interest will be served by

5 disclosure and release of the records of the Jap6 anese Imperial Army. The exemption may be

7 asserted only when the head of the agency that

8 maintains the records determines that disclo9 sure and release would be harmful to a specific

10 interest identified in the exemption. An agency

11 head who makes such a determination shall

12 promptly report it to the committees of Con13 gress with appropriate jurisdiction, including

14 the Committee on the Judiciary of the Senate

15 and the Committee on Government Reform and

16 Oversight of the House of Representatives.

17 (B) APPLICATION OF TITLE 5.—A deter18 mination by an agency head to apply an exemp19 tion provided in subparagraphs (B) through (I)

20 of paragraph (2) shall be subject to the same

21 standard of review that applies in the case of

22 records withheld under section 552(b)(1) of title

23 5, United States Code.

24 (4) LIMITATION ON EXEMPTIONS.—
8

•S 1902 IS

1 (A) IN GENERAL.—The exemptions set

2 forth in paragraph (2) shall constitute the only

3 grounds pursuant to which an agency head may

4 exempt records otherwise subject to release

5 under paragraph (1).

6 (B) RECORDS RELATED TO INVESTIGATION

7 OR PROSECUTIONS.—This subsection shall not

8 apply to records—

9 (i) related to or supporting any active

10 or inactive investigation, inquiry, or pros11 ecution by the Office of Special Investiga12 tions of the Department of Justice; or

13 (ii) solely in the possession, custody,

14 or control of the Office of Special Inves15 tigations.

16 (b) INAPPLICABILITY OF NATIONAL SECURITY ACT

17 OF 1947 EXEMPTION.—Section 701(a) of the National

18 Security Act of 1947 (50 U.S.C. 431) shall not apply to

19 any operational file, or any portion of any operational file,

20 that constitutes a Japanese Imperial Army record under

21 this Act.

22 SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR

23 JAPANESE IMPERIAL ARMY RECORDS.

24 For purposes of expedited processing under section

25 552(a)(6)(E) of title 5, United States Code, any person
9

•S 1902 IS

1 who was persecuted in the manner described in section

2 2(a)(3) and who requests a Japanese Imperial Army

3 record shall be deemed to have a compelling need for such

4 record.

5 SEC. 5. EFFECTIVE DATE.

6 The provisions of this Act shall take effect on the

7 date that is 90 days after the date of enactment of this

8 Act.

Æ