Page:United States Statutes at Large Volume 114 Part 5.djvu/852

 114 STAT. 2866 PUBLIC LAW 106-567—DEC. 27, 2000 would damage the national security interests of the United States; (3) reveal information that would assist in the development or use of weapons of m4ss 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 disclosure 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 Committee on the Judiciary and the Select Committee on Intelligence 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 investigation, inquiry, or prosecution by the Office 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 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.

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