Home > 106th Congressional Bills > S. 1902 (rs) To require disclosure under the Freedom of Information Act regarding [Reported in Senate] ...

S. 1902 (rs) To require disclosure under the Freedom of Information Act regarding [Reported in Senate] ...


Google
 
Web GovRecords.org








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.

    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 
        and the Senate Committee on the Judiciary, 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>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 S. 2410 (is) To increase the authorization of appropriations for the Reclamation Safety of Dams Act of 1978, and for other purposes. [Introduced in Senate] ...
2 S. 449 (is) To direct the Secretary of the Interior to transfer to the personal representative of the estate of Fred Steffens of Big Horn County, Wyoming, certain land comprising the Steffens family property. [Introduced in Senate] ...
3 H.R. 3657 (eh) To provide for the conveyance of a small parcel of public domain land in the San Bernardino National Forest in the State of California, and for other purposes. [Engrossed in House] ...
4 S.Res. 252 (is) Expressing the sense of the Senate that Rebiya Kadeer, her family member and business associate, should be released by the People's Republic of China. [Introduced in Senate] ...
5 S. 2653 (is) To suspend temporarily the duty on machines, and their parts, for use in the manufacture of digital versatile discs (DVDs). [Introduced in Senate] ...
6 S. 189 (is) To restore the traditional day of observance of Memorial Day. [Introduced in Senate] ...
7 H.R. 1776 (ih) To expand homeownership in the United States. [Introduced in House] ...
8 S. 880 (enr) To amend the Clean Air Act to remove flammable fuels from the list of substances with respect to which reporting and other activities are required under the risk management plan program, and for other purposes. [Enrolled bill] ...
9 S.Con.Res. 139 (enr) [Enrolled bill] ...
10 H.Con.Res. 234 (rfs) Tabling the bill (H.R. 2466) entitled ``An Act making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 2000, and for other purposes. [Referred in Senate] ...
11 H.Res. 31 (eh) [Engrossed in House] ...
12 S. 2865 (es) To designate certain land of the National Forest System located in the State of Virginia as wilderness. [Engrossed in Senate] ...
13 H.R. 5144 (ih) To designate the facility of the United States Postal Service located at 203 West Paige Street, in Tompkinsville, Kentucky, as the ``Tim Lee Carter Post Office Building''. [Introduced in House] ...
14 H.R. 3364 (ih) For the relief of Web's Construction Company, Incorporated. [Introduced in House] ...
15 H.R. 2412 (rs) To designate the Federal building and United States courthouse located at 1300 South Harrison Street in Fort Wayne, Indiana, as the ``E. Ross Adair Federal Building and United States Courthouse''. [Reported in Senate] ...
16 H.Con.Res. 276 (ih) Strongly urging the President to file a complaint at the World Trade Organization against oil-producing countries for violating trade rules that prohibit quantitative limitations on the import or export of resources or products across...
17 H.J.Res. 102 (eh) Recognizing that the Birmingham Pledge has made a significant contribution in fostering racial harmony and reconciliation in the United States and around the world, and for other purposes. [Engrossed in House] ...
18 H.R. 895 (ih) To restore a United States voluntary contribution to the United Nations Population Fund. [Introduced in House] ...
19 S.Res. 385 (ats) Congratulating the Reverend Clay Evans of Chicago, Illinois, on the occasion of his retirement. [Agreed to Senate] ...
20 H.Con.Res. 46 (eh) [Engrossed in House] ...
21 H.R. 4315 (ih) To designate the facility of the United States Postal Service located at 3695 Green Road in Beachwood, Ohio, as the ``Larry Small Post Office Building''. [Introduced in House] ...
22 S. 1779 (is) To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel M/V SANDPIPER. [Introduced in Senate] ...
23 H.Res. 138 (eh) [Engrossed in House] ...
24 H.Con.Res. 45 (rfs) Providing for the use of the catafalque situated in the crypt beneath [Referred in Senate] ...
25 S. 964 (is) To provide for equitable compensation for the Cheyenne River Sioux Tribe, and for other purposes. [Introduced in Senate] ...
26 S.Res. 197 (is) Referring S. 1698 entitled ``A bill for the relief of D.W. Jacobson, Ronald Karkala, and Paul Bjorgen of Grand Rapids, Minnesota'' to the chief judge of the United States Court of Federal Claims for a report thereon. [Introduced in Senate]...
27 H.Con.Res. 46 (ih) Urging an end of the war between Eritrea and Ethiopia and calling on the United Nations Human Rights Commission and other human rights organizations to investigate human rights abuses in connection with the Eritrean and Ethiopian confli...
28 H.J.Res. 84 (cph) Making further continuing appropriations for the fiscal year 2000, and for other purposes. [Considered and Passed House] ...
29 H.R. 5409 (ih) To extend for 9 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted. [Introduced in House] ...
30 H.Res. 445 (eh) [Engrossed in House] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy