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(4) RECORD.—The term ‘‘record’’ means a Jap-
anese 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 Impe-
rial 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 Japa-
nese Imperial Government Records Interagency
Working Group’’.
(2) MEMBERSHIP.—Section 2(b)(2) of such Act
is amended by striking ‘‘3 other persons’’ and insert-
ing ‘‘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—
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(1) locate, identify, inventory, recommend for
declassification, 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 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 and the Perma-
nent Select Committee on Intelligence of the House
of Representatives, and the Committee on the Judi-
ciary and the Select Committee on Intelligence of
the Senate, describing all such records, the disposi-
tion of such records, and the activities of the Inter-
agency Group and agencies under this section.
(d) FUNDING.—There is authorized to be appro-
priated 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.
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(b) EXEMPTIONS.—An agency head may exempt
from release under subsection (a) specific information,
that would—
(1) constitute an unwarranted invasion of per-
sonal 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 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 rela-
tions between the United States and a foreign gov-
ernment, or undermine ongoing diplomatic activities
of the United States;
(8) reveal information that would impair the
current ability of United States Government officials
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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 cur-
rent 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 sub-
section (b), there shall be a presumption that the
public interest will be served by disclosure and re-
lease of the records of the Japanese Imperial Gov-
ernment. 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 ex-
emption. An agency head who makes such a deter-
mination shall promptly report it to the committees
of Congress with appropriate jurisdiction, including
the Committee on the Judiciary and the Select Com-
mittee on Intelligence of the Senate and the Com-
mittee on Government Reform and the Permanent
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Select Committee on Intelligence of the House of
Representatives.
(2) APPLICATION OF TITLE 5.—A determina-
tion by an agency head to apply an exemption pro-
vided 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 inac-
tive investigation, inquiry, or prosecution by the Of-
fice of Special Investigations 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 JAP-
ANESE 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 Govern-
ment record shall be deemed to have a compelling need
for such record.
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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.
Passed the House of Representatives November 13,
2000.
Attest:
JEFF TRANDAHL,
Clerk.