Requires the Group to release such records in their entirety, with an exception for disclosures protected under Federal privacy laws or for certain national security information reasons. Provides a rebuttable presumption that the public interest will be served by the disclosure of such records.
Provides for the expedited processing of Freedom of Information Act requests for such records by parties claiming to have been so persecuted.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1902 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives 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 ``Interagency 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 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 and persecution of any
person because of race, religion, national origin, or political
option, during the period beginning September 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 Imperial Army; or
(D) any government which was an ally of the
Imperial Army of Japan.
(4) Record.--The term ``record'' means a Japanese 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 effectively 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 appropriate, 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 agency.
(3) Initial meeting.--Not later than 90 days after the date
of enactment of this Act, the Interagency 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 actions 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 Oversight of the House of
Representatives, describing all such records, the disposition
of such records, and the activities of the Interagency Group
and agencies under this section.
(d) Funding.--There are authorized to be appropriated 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 entirety Japanese Imperial Army records.
(2) Exception for privacy.--An agency head may exempt from
release under paragraph (1) specific information, that would--
(A) constitute a clearly unwarranted invasion 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 destruction;
(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 seriously 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 officials for whom protection
services are authorized in the interest of national
security;
(I) reveal information that would seriously and
demonstrably impair current national security emergency
preparedness plans; or
(J) violate a treaty or other international
agreement.
(3) Applications of exemptions.--
(A) In general.--In applying the exemptions
provided in subparagraphs (B) through (J) of paragraph
(2), there shall be a presumption that the public
interest will be served by disclosure and release of
the records of the Japanese Imperial Army. 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 Committee on the Judiciary
of the Senate and the Committee on Government Reform
and Oversight of the House of Representatives.
(B) Application of title 5.--A determination by an
agency head to apply an exemption provided in
subparagraphs (B) through (I) of paragraph (2) 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.
(4) Limitation on exemptions.--
(A) In general.--The exemptions set forth in
paragraph (2) shall constitute the only grounds
pursuant to which an agency head may exempt records
otherwise subject to release under paragraph (1).
(B) Records related to investigation or
prosecutions.--This subsection shall not apply to
records--
(i) related to or supporting any active or
inactive investigation, inquiry, or prosecution
by the Office of Special Investigations of the
Department of Justice; or
(ii) solely in the possession, custody, or
control of the Office of Special
Investigations.
(b) Inapplicability of National Security Act of 1947 Exemption.--
Section 701(a) of the National Security Act of 1947 (50 U.S.C. 431)
shall not apply to any operational file, or any portion of any
operational file, that constitutes a Japanese Imperial Army record
under this Act.
SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR JAPANESE IMPERIAL
ARMY 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 2(a)(3) and who requests a Japanese
Imperial Army record shall be deemed to have a compelling need for such
record.
SEC. 5. EFFECTIVE DATE.
The provisions of this Act shall take effect on the date that is 90
days after the date of enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S14541-14547)
Read twice and referred to the Committee on Judiciary.
Committee on the Judiciary. Ordered to be reported with an amendment favorably.
Committee on the Judiciary. Reported to Senate by Senator Hatch with an amendment. Without written report.
Committee on the Judiciary. Reported to Senate by Senator Hatch with an amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 559.
Referred to the Committee on Intelligence pursuant to the order of section 3(b) of S. Res. 400, 94th Congress for a period not to exceed 30 days of session.
Committee on Intelligence. Ordered to be reported with amendments favorably.
Committee on Intelligence. Reported by Senator Shelby with amendments. Without written report.
Committee on Intelligence. Reported by Senator Shelby with amendments. Without written report.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 700.