I
106TH CONGRESS
2D SESSION
H. R. 3561
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 De-
partment of Justice or certain intelligence matters, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2000
Mr. BILBRAY (for himself and Mr. LIPINSKI) introduced the following bill;
which was referred to the Committee on Government Reform, and in ad-
dition to the Committee on Intelligence (Permanent Select), for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To require disclosure under the Freedom of Information
Act regarding certain persons and records of the Japa-
nese Imperial Army in a manner that does not impair
any investigation or prosecution conducted by the De-
partment of Justice or certain intelligence matters, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Inter-
agency 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 clas-
sified 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 par-
ticipated in the experimentation and persecution of
any person because of race, religion, national origin,
or political option, during the period beginning Sep-
tember 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 Impe-
rial Army; or
(D) any government which was an ally of
the Imperial Army of Japan.
(4) RECORD.—The term ‘‘record’’ means a Jap-
anese 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 effec-
tively 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 ap-
propriate, 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 agen-
cy.
(3) INITIAL MEETING.—Not later than 90 days
after the date of enactment of this Act, the Inter-
agency 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 ac-
tions 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 of the House of
Representatives, describing all such records, the dis-
position of such records, and the activities of the
Interagency Group and agencies under this section.
(d) FUNDING.—There are authorized to be appro-
priated 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 en-
tirety Japanese Imperial Army records.
(2) EXCEPTION FOR PRIVACY.—An agency head
may exempt from release under paragraph (1) spe-
cific information, that would—
(A) constitute a clearly unwarranted inva-
sion 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 de-
struction;
(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 se-
riously 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 offi-
cials for whom protection services are author-
ized in the interest of national security;
(I) reveal information that would seriously
and demonstrably impair current national secu-
rity emergency preparedness plans; or