II

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, and Mr. HATCH) 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

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.
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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’’.

6 SEC. 2. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY

7 RECORDS INTERAGENCY WORKING GROUP.

8 (a) DEFINITIONS.—In this section:

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

10 meaning given such term under section 551 of title

11 5, United States Code.

12 (2) INTERAGENCY GROUP.—The term ‘‘Inter13 agency Group’’ means the Japanese Imperial Army

14 Records Interagency Working Group established

15 under subsection (b).

16 (3) JAPANESE IMPERIAL ARMY RECORDS.—The

17 term ‘‘Japanese Imperial Army records’’ means clas18 sified records or portions of records that pertain to

19 any person with respect to whom the United States

20 Government, in its sole discretion, has grounds to

21 believe ordered, incited, assisted, or otherwise par22 ticipated in the experimentation and persecution of

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

24 or political option, during the period beginning Sep25 tember 18, 1931, and ending on December 31,
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1 1948, under the direction of, or in association

2 with—

3 (A) the Japanese Imperial Army;

4 (B) any government in any area occupied

5 by the military forces of the Japanese Imperial

6 Army;

7 (C) any government established with the

8 assistance or cooperation of the Japanese Impe9 rial Army; or

10 (D) any government which was an ally of

11 the Imperial Army of Japan.

12 (4) RECORD.—The term ‘‘record’’ means a Jap13 anese Imperial Army record.

14 (b) ESTABLISHMENT OF INTERAGENCY GROUP.—

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

16 the date of enactment of this Act, the President

17 shall establish the Japanese Imperial Army Records

18 Interagency Working Group, which shall remain in

19 existence for 3 years after the date the Interagency

20 Group is established.

21 (2) MEMBERSHIP.—The President shall appoint

22 to the Interagency Group individuals whom the

23 President determines will most completely and effec24 tively carry out the functions of the Interagency

25 Group within the time limitations provided in this
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1 section, including the Historian of the Department

2 of State, the Archivist of the United States, the

3 head of any other agency the President considers ap4 propriate, and no more than 3 other persons. The

5 head of an agency appointed by the President may

6 designate an appropriate officer to serve on the

7 Interagency Group in lieu of the head of such agen8 cy.

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

10 after the date of enactment of this Act, the Inter11 agency Group shall hold an initial meeting and begin

12 the functions required under this section.

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

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

15 the greatest extent possible consistent with section 3 of

16 this Act—

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

18 declassification, and make available to the public at

19 the National Archives and Records Administration,

20 all classified Japanese Imperial Army records of the

21 United States;

22 (2) coordinate with agencies and take such ac23 tions as necessary to expedite the release of such

24 records to the public; and
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1 (3) submit a report to Congress, including the

2 Committee on Government Reform and Oversight of

3 the House of Representatives and the Senate Com4 mittee on the Judiciary, describing all such records,

5 the disposition of such records, and the activities of

6 the Interagency Group and agencies under this sec7 tion.

8 (d) FUNDING.—There are authorized to be appro9 priated such sum as may be necessary to carry out the

10 provisions of this Act.

11 SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS.

12 (a) RELEASE OF RECORDS.—

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

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

15 Interagency Working Group shall release in their en16 tirety Japanese Imperial Army records.

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

18 may exempt from release under paragraph (1) spe19 cific information, that would—

20 (A) constitute a clearly unwarranted inva21 sion of personal privacy;

22 (B) reveal the identity of a confidential

23 human source, or reveal information about the

24 application of an intelligence source or method,

25 or reveal the identity of a human intelligence
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1 source when the unauthorized disclosure of that

2 source would clearly and demonstrably damage

3 the national security interests of the United

4 States;

5 (C) reveal information that would assist in

6 the development or use of weapons of mass de7 struction;

8 (D) reveal information that would impair

9 United States cryptologic systems or activities;

10 (E) reveal information that would impair

11 the application of state-of-the-art technology

12 within a United States weapon system;

13 (F) reveal actual United States military

14 war plans that remain in effect;

15 (G) reveal information that would seriously

16 and demonstrably impair relations between the

17 United States and a foreign government, or se18 riously and demonstrably undermine ongoing

19 diplomatic activities of the United States;

20 (H) reveal information that would clearly,

21 and demonstrably impair the current ability of

22 United States Government officials to protect

23 the President, Vice President, and other offi24 cials for whom protection services are author25 ized in the interest of national security;
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1 (I) reveal information that would seriously

2 and demonstrably impair current national secu3 rity emergency preparedness plans; or

4 (J) violate a treaty or other international

5 agreement.

6 (3) APPLICATIONS OF EXEMPTIONS.—

7 (A) IN GENERAL.—In applying the exemp8 tions provided in subparagraphs (B) through

9 (J) of paragraph (2), there shall be a presump10 tion that the public interest will be served by

11 disclosure and release of the records of the Jap12 anese Imperial Army. The exemption may be

13 asserted only when the head of the agency that

14 maintains the records determines that disclo15 sure and release would be harmful to a specific

16 interest identified in the exemption. An agency

17 head who makes such a determination shall

18 promptly report it to the committees of Con19 gress with appropriate jurisdiction, including

20 the Committee on the Judiciary of the Senate

21 and the Committee on Government Reform and

22 Oversight of the House of Representatives.

23 (B) APPLICATION OF TITLE 5.—A deter24 mination by an agency head to apply an exemp25 tion provided in subparagraphs (B) through (I)
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1 of paragraph (2) shall be subject to the same

2 standard of review that applies in the case of

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

4 5, United States Code.

5 (4) LIMITATION ON EXEMPTIONS.—

6 (A) IN GENERAL.—The exemptions set

7 forth in paragraph (2) shall constitute the only

8 grounds pursuant to which an agency head may

9 exempt records otherwise subject to release

10 under paragraph (1).

11 (B) RECORDS RELATED TO INVESTIGATION

12 OR PROSECUTIONS.—This subsection shall not

13 apply to records—

14 (i) related to or supporting any active

15 or inactive investigation, inquiry, or pros16 ecution by the Office of Special Investiga17 tions of the Department of Justice; or

18 (ii) solely in the possession, custody,

19 or control of the Office of Special Inves20 tigations.

21 (b) INAPPLICABILITY OF NATIONAL SECURITY ACT

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

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

24 any operational file, or any portion of any operational file,
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1 that constitutes a Japanese Imperial Army record under

2 this Act.

3 SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR

4 JAPANESE IMPERIAL ARMY RECORDS.

5 For purposes of expedited processing under section

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

7 who was persecuted in the manner described in section

8 2(a)(3) and who requests a Japanese Imperial Army

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

10 record.

11 SEC. 5. EFFECTIVE DATE.

12 The provisions of this Act shall take effect on the

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

14 Act.

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