text: 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 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 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.
target: 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.
feat_title: Japanese Imperial Army Disclosure Act