H. R. 5630—25
the manner in which the funds authorized to be appropriated by
subsection (a) for the Office of Intelligence Policy and Review will
be used by that Office—
(i) to improve and strengthen its oversight of Federal
Bureau of Investigation field offices in the implementation of
orders under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.); and
(ii) to streamline and increase the efficiency of the applica-
tion process under that Act.
(B) The committees of Congress referred to in this subparagraph
are the following:
(i) The Select Committee on Intelligence and the Committee
on the Judiciary of the Senate.
(ii) The Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of Representa-
tives.
(3) In addition to the report required by paragraph (2), the
Attorney General shall also submit to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives a report that
addresses the issues identified in the semiannual report of the
Attorney General to such committees under section 108(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a))
that was submitted in April 2000, including any corrective actions
with regard to such issues. The report under this paragraph shall
be submitted in classified form.
(4) Funds made available pursuant to subsection (a), in any
fiscal year, shall remain available until expended.
(c) REPORT ON COORDINATING NATIONAL SECURITY AND INTEL-
LIGENCE FUNCTIONS WITHIN THE DEPARTMENT OF JUSTICE.—The
Attorney General shall report to the committees of Congress speci-
fied in subsection (b)(2)(B) within 120 days on actions that have
been or will be taken by the Department to—
(1) promote quick and efficient responses to national secu-
rity issues;
(2) centralize a point-of-contact within the Department on
national security matters for external entities and agencies;
and
(3) coordinate the dissemination of intelligence information
within the appropriate components of the Department and the
formulation of policy on national security issues.
SEC. 
607. 
COORDINATION 
REQUIREMENTS 
RELATING 
TO 
THE
PROSECUTION 
OF 
CASES 
INVOLVING 
CLASSIFIED
INFORMATION.
The Classified Information Procedures Act (18 U.S.C. App.)
is amended by inserting after section 9 the following new section:
‘‘COORDINATION REQUIREMENTS RELATING TO THE PROSECUTION OF
CASES INVOLVING CLASSIFIED INFORMATION
‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The Assistant Attorney
General for the Criminal Division and the appropriate United States
attorney, or the designees of such officials, shall provide briefings
to the senior agency official, or the designee of such official, with
respect to any case involving classified information that originated
in the agency of such senior agency official.
H. R. 5630—26
‘‘(b) TIMING OF BRIEFINGS.—Briefings under subsection (a) with
respect to a case shall occur—
‘‘(1) as soon as practicable after the Department of Justice
and the United States attorney concerned determine that a
prosecution or potential prosecution could result; and
‘‘(2) at such other times thereafter as are necessary to
keep the senior agency official concerned fully and currently
informed of the status of the prosecution.
‘‘(c) SENIOR AGENCY OFFICIAL DEFINED.—In this section, the
term ‘senior agency official’ has the meaning given that term in
section 1.1 of Executive Order No. 12958.’’.
SEC. 608. SEVERABILITY.
If any provision of this title (including an amendment made
by this title), or the application thereof, to any person or cir-
cumstance, is held invalid, the remainder of this title (including
the amendments made by this title), and the application thereof,
to other persons or circumstances shall not be affected thereby.
TITLE VII—DECLASSIFICATION OF
INFORMATION
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Public Interest Declassification
Act of 2000’’.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) It is in the national interest to establish an effective,
coordinated, and cost-effective means by which records on spe-
cific subjects of extraordinary public interest that do not under-
mine the national security interests of the United States may
be collected, retained, reviewed, and disseminated to Congress,
policymakers in the executive branch, and the public.
(2) Ensuring, through such measures, public access to
information that does not require continued protection to main-
tain the national security interests of the United States is
a key to striking the balance between secrecy essential to
national security and the openness that is central to the proper
functioning of the political institutions of the United States.
SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) ESTABLISHMENT.—There is established within the executive
branch of the United States a board to be known as the ‘‘Public
Interest Declassification Board’’ (in this title referred to as the
‘‘Board’’).
(b) PURPOSES.—The purposes of the Board are as follows:
(1) To advise the President, the Assistant to the President
for National Security Affairs, the Director of the Office of
Management and Budget, and such other executive branch
officials as the Board considers appropriate on the systematic,
thorough, coordinated, and comprehensive identification, collec-
tion, review for declassification, and release to Congress,
interested agencies, and the public of declassified records and
materials (including donated historical materials) that are of
H. R. 5630—27
archival value, including records and materials of extraordinary
public interest.
(2) To promote the fullest possible public access to a thor-
ough, accurate, and reliable documentary record of significant
United States national security decisions and significant United
States national security activities in order to—
(A) support the oversight and legislative functions of
Congress;
(B) support the policymaking role of the executive
branch;
(C) respond to the interest of the public in national
security matters; and
(D) promote reliable historical analysis and new ave-
nues of historical study in national security matters.
(3) To provide recommendations to the President for the
identification, collection, and review for declassification of
information of extraordinary public interest that does not
undermine the national security of the United States, to be
undertaken in accordance with a declassification program that
has been established or may be established by the President
by Executive order.
(4) To advise the President, the Assistant to the President
for National Security Affairs, the Director of the Office of
Management and Budget, and such other executive branch
officials as the Board considers appropriate on policies deriving
from the issuance by the President of Executive orders
regarding the classification and declassification of national
security information.
(c) MEMBERSHIP.—(1) The Board shall be composed of nine
individuals appointed from among citizens of the United States
who are preeminent in the fields of history, national security, for-
eign policy, intelligence policy, social science, law, or archives,
including individuals who have served in Congress or otherwise
in the Federal Government or have otherwise engaged in research,
scholarship, or publication in such fields on matters relating to
the national security of the United States, of whom—
(A) five shall be appointed by the President;
(B) one shall be appointed by the Speaker of the House
of Representatives;
(C) one shall be appointed by the majority leader of the
Senate;
(D) one shall be appointed by the minority leader of the
Senate; and
(E) one shall be appointed by the minority leader of the
House of Representatives.
(2)(A) Of the members initially appointed to the Board by
the President—
(i) three shall be appointed for a term of 4 years;
(ii) one shall be appointed for a term of 3 years; and
(iii) one shall be appointed for a term of 2 years.
(B) The members initially appointed to the Board by the
Speaker of the House of Representatives or by the majority leader
of the Senate shall be appointed for a term of 3 years.
(C) The members initially appointed to the Board by the
minority leader of the House of Representatives or the Senate
shall be appointed for a term of 2 years.
H. R. 5630—28
(D) Any subsequent appointment to the Board shall be for
a term of 3 years.
(3) A vacancy in the Board shall be filled in the same manner
as the original appointment. A member of the Board appointed
to fill a vacancy before the expiration of a term shall serve for
the remainder of the term.
(4) A member of the Board may be appointed to a new term
on the Board upon the expiration of the member’s term on the
Board, except that no member may serve more than three full
terms on the Board.
(d) CHAIRPERSON; EXECUTIVE SECRETARY.—(1)(A) The President
shall designate one of the members of the Board as the Chairperson
of the Board.
(B) The term of service as Chairperson of the Board shall
be 2 years.
(C) A member serving as Chairperson of the Board may be
redesignated as Chairperson of the Board upon the expiration of
the member’s term as Chairperson of the Board, except that no
member shall serve as Chairperson of the Board for more than
6 years.
(2) The Director of the Information Security Oversight Office
shall serve as the Executive Secretary of the Board.
(e) MEETINGS.—The Board shall meet as needed to accomplish
its mission, consistent with the availability of funds. A majority
of the members of the Board shall constitute a quorum.
(f ) STAFF.—Any employee of the Federal Government may be
detailed to the Board, with the agreement of and without reimburse-
ment to the detailing agency, and such detail shall be without
interruption or loss of civil, military, or foreign service status or
privilege.
(g) SECURITY.—(1) The members and staff of the Board shall,
as a condition of appointment to or employment with the Board,
hold appropriate security clearances for access to the classified
records and materials to be reviewed by the Board or its staff,
and shall follow the guidance and practices on security under
applicable Executive orders and Presidential or agency directives.
(2) The head of an agency shall, as a condition of granting
access to a member of the Board, the Executive Secretary of the
Board, or a member of the staff of the Board to classified records
or materials of the agency under this title, require the member,
the Executive Secretary, or the member of the staff, as the case
may be, to—
(A) execute an agreement regarding the security of such
records or materials that is approved by the head of the agency;
and
(B) hold an appropriate security clearance granted or recog-
nized under the standard procedures and eligibility criteria
of the agency, including any special access approval required
for access to such records or materials.
(3) The members of the Board, the Executive Secretary of
the Board, and the members of the staff of the Board may not
use any information acquired in the course of their official activities
on the Board for nonofficial purposes.
(4) For purposes of any law or regulation governing access
to classified information that pertains to the national security of
the United States, and subject to any limitations on access arising
under section 706(b), and to facilitate the advisory functions of
H. R. 5630—29
the Board under this title, a member of the Board seeking access
to a record or material under this title shall be deemed for purposes
of this subsection to have a need to know the contents of the
record or material.
(h) COMPENSATION.—(1) Each member of the Board shall receive
compensation at a rate not to exceed the daily equivalent of the
annual rate of basic pay payable for positions at ES–1 of the
Senior Executive Service under section 5382 of title 5, United
States Code, for each day such member is engaged in the actual
performance of duties of the Board.
(2) Members of the Board shall be allowed travel expenses,
including per diem in lieu of subsistence at rates authorized for
employees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or regular
places of business in the performance of the duties of the Board.
(i) GUIDANCE; ANNUAL BUDGET.—(1) On behalf of the President,
the Assistant to the President for National Security Affairs shall
provide guidance on policy to the Board.
(2) The Executive Secretary of the Board, under the direction
of the Chairperson of the Board and the Board, and acting in
consultation with the Archivist of the United States, the Assistant
to the President for National Security Affairs, and the Director
of the Office of Management and Budget, shall prepare the annual
budget of the Board.
( j) SUPPORT.—The Information Security Oversight Office may
support the activities of the Board under this title. Such support
shall be provided on a reimbursable basis.
(k) PUBLIC AVAILABILITY OF RECORDS AND REPORTS.—(1) The
Board shall make available for public inspection records of its
proceedings and reports prepared in the course of its activities
under this title to the extent such records and reports are not
classified and would not be exempt from release under the provi-
sions of section 552 of title 5, United States Code.
(2) In making records and reports available under paragraph
(1), the Board shall coordinate the release of such records and
reports with appropriate officials from agencies with expertise in
classified information in order to ensure that such records and
reports do not inadvertently contain classified information.
(l) APPLICABILITY
OF CERTAIN ADMINISTRATIVE LAWS.—The
provisions of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the activities of the Board under this title.
However, the records of the Board shall be governed by the provi-
sions of the Federal Records Act of 1950.
SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW FOR DECLAS-
SIFICATION OF INFORMATION OF ARCHIVAL VALUE OR
EXTRAORDINARY PUBLIC INTEREST.
(a) BRIEFINGS ON AGENCY DECLASSIFICATION PROGRAMS.—(1)
As requested by the Board, or by the Select Committee on Intel-
ligence of the Senate or the Permanent Select Committee on Intel-
ligence of the House of Representatives, the head of any agency
with the authority under an Executive order to classify information
shall provide to the Board, the Select Committee on Intelligence
of the Senate, or the Permanent Select Committee on Intelligence
of the House of Representatives, on an annual basis, a summary
briefing and report on such agency’s progress and plans in the
declassification of national security information. Such briefing shall
H. R. 5630—30
cover the declassification goals set by statute, regulation, or policy,
the agency’s progress with respect to such goals, and the agency’s
planned goals and priorities for its declassification activities over
the next 2 fiscal years. Agency briefings and reports shall give
particular attention to progress on the declassification of records
and materials that are of archival value or extraordinary public
interest to the people of the United States.
(2)(A) The annual briefing and report under paragraph (1)
for agencies within the Department of Defense, including the mili-
tary departments and the elements of the intelligence community,
shall be provided on a consolidated basis.
(B) In this paragraph, the term ‘‘elements of the intelligence
community’’ means the elements of the intelligence community
specified or designated under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
(b) RECOMMENDATIONS
ON AGENCY DECLASSIFICATION PRO-
GRAMS.—(1) Upon reviewing and discussing declassification plans
and progress with an agency, the Board shall provide to the head
of the agency the written recommendations of the Board as to
how the agency’s declassification program could be improved. A
copy of each recommendation shall also be submitted to the Assist-
ant to the President for National Security Affairs and the Director
of the Office of Management and Budget.
(2) Consistent with the provisions of section 703(k), the Board’s
recommendations to the head of an agency under paragraph (1)
shall become public 60 days after such recommendations are sent
to the head of the agency under that paragraph.
(c) RECOMMENDATIONS
ON SPECIAL SEARCHES
FOR RECORDS
OF EXTRAORDINARY PUBLIC INTEREST.—(1) The Board shall also
make recommendations to the President regarding proposed initia-
tives to identify, collect, and review for declassification classified
records and materials of extraordinary public interest.
(2) In making recommendations under paragraph (1), the Board
shall consider the following:
(A) The opinions and requests of Members of Congress,
including opinions and requests expressed or embodied in let-
ters or legislative proposals.
(B) The opinions and requests of the National Security
Council, the Director of Central Intelligence, and the heads
of other agencies.
(C) The opinions of United States citizens.
(D) The opinions of members of the Board.
(E) The impact of special searches on systematic and all
other on-going declassification programs.
(F) The costs (including budgetary costs) and the impact
that complying with the recommendations would have on
agency budgets, programs, and operations.
(G) The benefits of the recommendations.
(H) The impact of compliance with the recommendations
on the national security of the United States.
(d) PRESIDENT’S DECLASSIFICATION PRIORITIES.—(1) Concurrent
with the submission to Congress of the budget of the President
each fiscal year under section 1105 of title 31, United States Code,
the Director of the Office of Management and Budget shall publish
a description of the President’s declassification program and prior-
ities, together with a listing of the funds requested to implement
that program.
H. R. 5630—31
(2) Nothing in this title shall be construed to substitute or
supersede, or establish a funding process for, any declassification
program that has been established or may be established by the
President by Executive order.
SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND
OTHER INFORMATION.
(a) IN GENERAL.—Nothing in this title shall be construed to
limit the authority of the head of an agency to classify information
or to continue the classification of information previously classified
by that agency.
(b) SPECIAL ACCESS PROGRAMS.—Nothing in this title shall
be construed to limit the authority of the head of an agency to
grant or deny access to a special access program.
(c) AUTHORITIES OF DIRECTOR OF CENTRAL INTELLIGENCE.—
Nothing in this title shall be construed to limit the authorities
of the Director of Central Intelligence as the head of the intelligence
community, including the Director’s responsibility to protect intel-
ligence sources and methods from unauthorized disclosure as
required by section 103(c)(6) of the National Security Act of 1947
(50 U.S.C. 403–3(c)(6)).
(d) EXEMPTIONS TO RELEASE OF INFORMATION.—Nothing in this
title shall be construed to limit any exemption or exception to
the release to the public under this title of information that is
protected under subsection (b) of section 552 of title 5, United
States Code (commonly referred to as the ‘‘Freedom of Information
Act’’), or section 552a of title 5, United States Code (commonly
referred to as the ‘‘Privacy Act’’).
(e) WITHHOLDING INFORMATION FROM CONGRESS.—Nothing in
this title shall be construed to authorize the withholding of informa-
tion from Congress.
SEC. 706. STANDARDS AND PROCEDURES.
(a) LIAISON.—(1) The head of each agency with the authority
under an Executive order to classify information and the head
of each Federal Presidential library shall designate an employee
of such agency or library to act as liaison to the Board for purposes
of this title.
(2) The Board may establish liaison and otherwise consult
with such other historical and advisory committees as the Board
considers appropriate for purposes of this title.
(b) LIMITATIONS ON ACCESS.—(1)(A) Except as provided in para-
graph (2), if the head of an agency or the head of a Federal
Presidential library determines it necessary to deny or restrict
access of the Board, or of the agency or library liaison to the
Board, to information contained in a record or material, in whole
or in part, the head of the agency or the head of the library
shall promptly notify the Board in writing of such determination.
(B) Each notice to the Board under subparagraph (A) shall
include a description of the nature of the records or materials,
and a justification for the determination, covered by such notice.
(2) In the case of a determination referred to in paragraph
(1) with respect to a special access program created by the Secretary
of Defense, the Director of Central Intelligence, or the head of
any other agency, the notification of denial of access under para-
graph (1), including a description of the nature of the Board’s
request for access, shall be submitted to the Assistant to the Presi-
dent for National Security Affairs rather than to the Board.
H. R. 5630—32
(c) DISCRETION TO DISCLOSE.—At the conclusion of a declas-
sification review, the head of an agency may, in the discretion
of the head of the agency, determine that the public’s interest
in the disclosure of records or materials of the agency covered
by such review, and still properly classified, outweighs the Govern-
ment’s need to protect such records or materials, and may release
such records or materials in accordance with the provisions of
Executive Order No. 12958 or any successor order to such Executive
order.
(d) DISCRETION TO PROTECT.—At the conclusion of a declas-
sification review, the head of an agency may, in the discretion
of the head of the agency, determine that the interest of the agency
in the protection of records or materials of the agency covered
by such review, and still properly classified, outweighs the public’s
need for access to such records or materials, and may deny release
of such records or materials in accordance with the provisions
of Executive Order No. 12958 or any successor order to such Execu-
tive order.
(e) REPORTS.—(1)(A) Except as provided in paragraph (2), the
Board shall annually submit to the appropriate congressional
committees a report on the activities of the Board under this title,
including summary information regarding any denials to the Board
by the head of an agency or the head of a Federal Presidential
library of access to records or materials under this title.
(B) In this paragraph, the term ‘‘appropriate congressional
committees’’ means the Select Committee on Intelligence and the
Committee on Governmental Affairs of the Senate and the Perma-
nent Select Committee on Intelligence and the Committee on
Government Reform of the House of Representatives.
(2) Notwithstanding paragraph (1), notice that the Board has
been denied access to records and materials, and a justification
for the determination in support of the denial, shall be submitted
by the agency denying the access as follows:
(A) In the case of the denial of access to a special access
program created by the Secretary of Defense, to the Committees
on Armed Services and Appropriations of the Senate and to
the Committees on Armed Services and Appropriations of the
House of Representatives.
(B) In the case of the denial of access to a special access
program created by the Director of Central Intelligence, or
by the head of any other agency (including the Department
of Defense) if the special access program pertains to intelligence
activities, or of access to any information and materials relating
to intelligence sources and methods, to the Select Committee
on Intelligence of the Senate and the Permanent Select Com-
mittee on Intelligence of the House of Representatives.
(C) In the case of the denial of access to a special access
program created by the Secretary of Energy or the Adminis-
trator for Nuclear Security, to the Committees on Armed Serv-
ices and Appropriations and the Select Committee on Intel-
ligence of the Senate and to the Committees on Armed Services
and Appropriations and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 707. JUDICIAL REVIEW.
Nothing in this title limits the protection afforded to any
information under any other provision of law. This title is not
H. R. 5630—33
intended and may not be construed to create any right or benefit,
substantive or procedural, enforceable against the United States,
its agencies, its officers, or its employees. This title does not modify
in any way the substantive criteria or procedures for the classifica-
tion of information, nor does this title create any right or benefit
subject to judicial review.
SEC. 708. FUNDING.
(a) AUTHORIZATION
OF
APPROPRIATIONS.—There is hereby
authorized to be appropriated to carry out the provisions of this
title amounts as follows:
(1) For fiscal year 2001, $650,000.
(2) For each fiscal year after fiscal year 2001, such sums
as may be necessary for such fiscal year.
(b) FUNDING REQUESTS.—The President shall include in the
budget submitted to Congress for each fiscal year under section
1105 of title 31, United States Code, a request for amounts for
the activities of the Board under this title during such fiscal year.
SEC. 709. DEFINITIONS.
In this title:
(1) AGENCY.—(A) Except as provided in subparagraph (B),
the term ‘‘agency’’ means the following:
(i) An Executive agency, as that term is defined in
section 105 of title 5, United States Code.
(ii) A military department, as that term is defined
in section 102 of such title.
(iii) Any other entity in the executive branch that
comes into the possession of classified information.
(B) The term does not include the Board.
(2) CLASSIFIED MATERIAL OR RECORD.—The terms ‘‘classified
material’’ and ‘‘classified record’’ include any correspondence,
memorandum, book, plan, map, drawing, diagram, pictorial
or graphic work, photograph, film, microfilm, sound recording,
videotape, machine readable records, and other documentary
material, regardless of physical form or characteristics, that
has been determined pursuant to Executive order to require
protection against unauthorized disclosure in the interests of
the national security of the United States.
(3) DECLASSIFICATION.—The term ‘‘declassification’’ means
the process by which records or materials that have been classi-
fied are determined no longer to require protection from
unauthorized disclosure to protect the national security of the
United States.
(4) DONATED HISTORICAL MATERIAL.—The term ‘‘donated
historical material’’ means collections of personal papers
donated or given to a Federal Presidential library or other
archival repository under a deed of gift or otherwise.
(5) FEDERAL PRESIDENTIAL LIBRARY.—The term ‘‘Federal
Presidential library’’ means a library operated and maintained
by the United States Government through the National
Archives and Records Administration under the applicable
provisions of the Federal Records Act of 1950.
(6) NATIONAL
SECURITY.—The term ‘‘national security’’
means the national defense or foreign relations of the United
States.
H. R. 5630—34
(7) RECORDS
OR
MATERIALS
OF
EXTRAORDINARY
PUBLIC
INTEREST.—The term ‘‘records or materials of extraordinary
public interest’’ means records or materials that—
(A) demonstrate and record the national security poli-
cies, actions, and decisions of the United States, including—
(i) policies, events, actions, and decisions which
led to significant national security outcomes; and
(ii) the development and evolution of significant
United States national security policies, actions, and
decisions;
(B) will provide a significantly different perspective
in general from records and materials publicly available
in other historical sources; and
(C) would need to be addressed through ad hoc record
searches outside any systematic declassification program
established under Executive order.
(8) RECORDS OF ARCHIVAL VALUE.—The term ‘‘records of
archival value’’ means records that have been determined by
the Archivist of the United States to have sufficient historical
or other value to warrant their continued preservation by the
Federal Government.
SEC. 710. EFFECTIVE DATE; SUNSET.
(a) EFFECTIVE DATE.—This title shall take effect on the date
that is 120 days after the date of the enactment of this Act.
(b) SUNSET.—The provisions of this title shall expire 4 years
after the date of the enactment of this Act, unless reauthorized
by statute.
TITLE VIII—DISCLOSURE OF INFORMA-
TION ON JAPANESE IMPERIAL GOV-
ERNMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Japanese Imperial Government
Disclosure Act of 2000’’.
SEC. 802. DESIGNATION.
(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 Nazi War Crimes and Japanese Imperial Govern-
ment Records Interagency Working Group established under
subsection (b).
(3) JAPANESE IMPERIAL GOVERNMENT RECORDS.—The term
‘‘Japanese Imperial Government 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 on, and
persecution of, any person because of race, religion, national
origin, or political opinion, during the period beginning Sep-
tember 18, 1931, and ending on December 31, 1948, under
the direction of, or in association with—
H. R. 5630—35
(A) the Japanese Imperial Government;
(B) any government in any area occupied by the mili-
tary forces of the Japanese Imperial Government;
(C) any government established with the assistance
or cooperation of the Japanese Imperial Government; or
(D) any government which was an ally of the Japanese
Imperial Government.
(4) RECORD.—The term ‘‘record’’ means a Japanese Imperial
Government record.
(b) ESTABLISHMENT OF INTERAGENCY GROUP.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the President shall designate
the Working Group established under the Nazi War Crimes
Disclosure Act (Public Law 105–246; 5 U.S.C. 552 note) to
also carry out the purposes of this title with respect to Japanese
Imperial Government records, and that Working Group shall
remain in existence for 3 years after the date on which this
title takes effect. Such Working Group is redesignated as the
‘‘Nazi War Crimes and Japanese Imperial Government Records
Interagency Working Group’’.
(2) MEMBERSHIP.—Section 2(b)(2) of such Act is amended
by striking ‘‘3 other persons’’ and inserting ‘‘4 other persons
who shall be members of the public, of whom 3 shall be persons
appointed under the provisions of this Act in effect on October
8, 1998.’’.
(c) FUNCTIONS.—Not later than 1 year after the date of the
enactment of this Act, the Interagency Group shall, to the greatest
extent possible consistent with section 803—
(1) locate, identify, inventory, recommend for declassifica-
tion, and make available to the public at the National Archives
and Records Administration, all classified Japanese Imperial
Government records of the United States;
(2) coordinate with agencies and take such actions as nec-
essary to expedite the release of such records to the public;
and
(3) submit a report to Congress, including the Committee
on Government Reform and the Permanent Select Committee
on Intelligence of the House of Representatives, and the Com-
mittee on the Judiciary and the Select Committee on Intel-
ligence of the Senate, describing all such records, the disposition
of such records, and the activities of the Interagency Group
and agencies under this section.
(d) FUNDING.—There is authorized to be appropriated such
sums as may be necessary to carry out the provisions of this
title.
SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.
(a) RELEASE OF RECORDS.—Subject to subsections (b), (c), and
(d), the Japanese Imperial Government Records Interagency
Working Group shall release in their entirety Japanese Imperial
Government records.
(b) EXEMPTIONS.—An agency head may exempt from release
under subsection (a) specific information, that would—
(1) constitute an unwarranted invasion of personal privacy;
(2) reveal the identity of a confidential human source,
or reveal information about an intelligence source or method
when the unauthorized disclosure of that source or method
H. R. 5630—36
would 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 United States military war plans that remain
in effect;
(7) reveal information that would impair relations between
the United States and a foreign government, or undermine
ongoing diplomatic activities of the United States;
(8) reveal information that would 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 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 disclo-
sure and release of the records of the Japanese Imperial
Government. 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 Com-
mittee on the Judiciary and the Select Committee on Intel-
ligence of the Senate and the Committee on Government Reform
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) RECORDS RELATED TO INVESTIGATIONS OR PROSECUTIONS.—
This section shall not apply to records—
(1) related to or supporting any active or inactive investiga-
tion, inquiry, or prosecution by the Office of Special Investiga-
tions of the Department of Justice; or
(2) solely in the possession, custody, or control of the Office
of Special Investigations.
SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE
IMPERIAL GOVERNMENT 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 802(a)(3) and who requests
a Japanese Imperial Government record shall be deemed to have
a compelling need for such record.
H. R. 5630—37
SEC. 805. EFFECTIVE DATE.
The provisions of this title shall take effect on the date that
is 90 days after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.