Union Calendar No. 447

104TH CONGRESS

2D SESSION H. R. 1281

[Report No. 104–819, Part I]

A BILL

To amend title 5, United States Code, and the NaWar II. which the United States was involved in World pated in Nazi war crimes during the period in mation regarding certain individuals who partici- under the Freedom of Information Act of infor- tional Security Act of 1947 to require disclosure

SEPTEMBER 24, 1996

Reported from the Committee on Government Reform

and Oversight with amendments

SEPTEMBER 24, 1996

Referral to the Permanent Select Committee on Intelfor a period ending not later than September 24, 1996 ligence and the Committee on the Judiciary extended

SEPTEMBER 24, 1996

The Permanent Select Committee on Intelligence and the

Union and ordered to be printedthe Committee of the Whole House on the State of theCommittee on the Judiciary discharged; committed to
IB

Union Calendar No. 447

104TH CONGRESS

2D SESSION H. R. 1281

[Report No. 104–819, Part I]

To amend title 5, United States Code, and the National Security Act of

1947 to require disclosure under the Freedom of Information Act of

information regarding certain individuals who participated in Nazi war

crimes during the period in which the United States was involved in

World War II.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 1995

Mrs. MALONEY introduced the following bill; which was referred to the Committee on Government Reform and Oversight, and in addition to the Permanent Select Committee on Intelligence and the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the jurisdiction of

the committee concerned

SEPTEMBER 24, 1996

Additional sponsors: Mr. SAXTON, Mr. DEUTSCH, Mr. GEJDENSON, Mr.

FROST, Mr. BERMAN, Mr. PORTER, Mr. ACKERMAN, Mr. SCHUMER, Mr.

TORRES, Mr. SERRANO, Mr. SANDERS, Mr. NADLER, Mr. LANTOS, Mr.

YATES, Mr. MCHALE, Mr. TORRICELLI, Mr. FILNER, Ms. ROSLEHTINEN, Mr. MANTON, Mrs. MEEK of Florida, Mr. TOWNS, Mr.

OWENS, Mr. WAXMAN, Mrs. LOWEY, Mrs. MORELLA, Mr. VENTO, Mr.

WAMP, Mr. HASTINGS of Florida, and Ms. FURSE

SEPTEMBER 24, 1996

Reported from the Committee on Government Reform and Oversight with

amendments

[Strike out all after the enacting clause and insert the part printed in italic]

SEPTEMBER 24, 1996

Referral to the Permanent Select Committee on Intelligence and the Committee on the Judiciary extended for a period ending not later than September 24, 1996
2

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SEPTEMBER 24, 1996

The Permanent Select Committee on Intelligence and the Committee on the

Judiciary discharged; committed to the Committee of the Whole House

on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on March 21, 1995]

A BILL

To amend title 5, United States Code, and the National

Security Act of 1947 to require disclosure under the

Freedom of Information Act of information regarding

certain individuals who participated in Nazi war crimes

during the period in which the United States was involved in World War II.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘War Crimes Disclosure

5 Act’’.

6 SEC. 2. REQUIREMENT OF DISCLOSURE UNDER FOIA OF IN7 FORMATION REGARDING INDIVIDUALS WHO

8 COMMITTED NAZI WAR CRIMES.

9 (a) IN GENERAL.—Section 552 of title 5, United

10 States Code, is amended—

11 (1) by redesignating subsections (d), (e), and (f)

12 as subsections (e), (f), and (g), respectively; and

13 (2) by inserting after subsection (c) the following

14 new subsection:
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1 ‘‘(d)(1)(A) Notwithstanding subsection (b), this section

2 shall apply to any matter, in the possession or control of

3 a specified agency, that relates to any individual as to

4 whom there exist reasonable grounds to believe that such

5 individual, during the period beginning on March 23, 1933,

6 and ending on May 8, 1945, under the direction of, or in

7 association with—

8 ‘‘(i) the Nazi government of Germany,

9 ‘‘(ii) any government in any area occupied by

10 the military forces of the Nazi government of Ger11 many,

12 ‘‘(iii) any government established with the assist13 ance or cooperation of the Nazi government of Ger14 many, or

15 ‘‘(iv) any government which was an ally of the

16 Nazi government of Germany,

17 ordered, incited, assisted, or otherwise participated in the

18 persecution of any person because of race, religion, national

19 origin, or political opinion.

20 ‘‘(B) For purposes of subparagraph (A), the term ‘spec21 ified agency’ means the following entities, any predecessor

22 of such an entity, and any component of such an entity

23 (or of such a predecessor):

24 ‘‘(i) The Central Intelligence Agency.

25 ‘‘(ii) The Department of Defense.
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1 ‘‘(iii) The National Security Agency.

2 ‘‘(iv) The National Security Council.

3 ‘‘(v) The Department of State.

4 ‘‘(vi) The Federal Bureau of Investigation.

5 ‘‘(vii) The United States Information Agency.

6 ‘‘(2) Paragraph (1) shall not apply to—

7 ‘‘(A) any matter that is referred to in subsection

8 (b)(6);

9 ‘‘(B) any matter the disclosure of which would—

10 ‘‘(i) reveal an intelligence agent regarding

11 whom there is clear and convincing evidence that

12 the identity of such agent currently requires pro13 tection;

14 ‘‘(ii) by revealing the name or identity of a

15 living person who provided confidential informa16 tion to the United States, constitute a substan17 tial risk of harm to such person (as determined

18 by clear and convincing evidence); or

19 ‘‘(iii) compromise the existence of an under20 standing of confidentiality currently requiring

21 protection between an agent of the Government

22 and a cooperating individual or a foreign gov23 ernment, and (as determined by clear and con24 vincing evidence) cause harm that substantially

25 outweighs the public interest in the disclosure;
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1 ‘‘(C) any matter regarding which there is clear

2 and convincing evidence that the current or future

3 threat to national security, military defense, intel4 ligence operations, or the conduct of foreign relations

5 of the United States substantially outweighs the pub6 lic interest in disclosure of the matter;

7 ‘‘(D) any matter created (by any person) in con8 nection with an investigation, inquiry, or prosecution

9 by the Office of Special Investigations of the Depart10 ment of Justice; or

11 ‘‘(E) any portion, of any matter, that—

12 ‘‘(i) does not relate to any individual re13 ferred to in paragraph (1); and

14 ‘‘(ii) is reasonably segregable from any

15 other portions of the matter that relate to an in16 dividual referred to in paragraph (1).

17 ‘‘(3) Any reasonably segregable portion of a matter re18 ferred to in subparagraph (A), (B), or (C) of paragraph

19 (2) shall be provided, after deletion of all portions of the

20 matter that are referred to in such subparagraph, to any

21 person requesting the matter under this section if the rea22 sonably segregable portion would otherwise be required to

23 be disclosed under this section.

24 ‘‘(4) In the case of a request under this section for any

25 matter required to be disclosed under this subsection, if the
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1 agency receiving such request is unable to locate the records

2 so requested, such agency shall promptly supply, to the per3 son making such request, a description of the steps which

4 were taken by such agency to search the indices and other

5 locator systems of the agency to determine whether such

6 records are in the possession or control of the agency.’’.

7 (b) INAPPLICABILITY OF NATIONAL SECURITY ACT OF

8 1947 EXEMPTION.—Section 701 of the National Security

9 Act of 1947 (50 U.S.C. 431) is amended—

10 (1) by redesignating subsections (e) and (f) as

11 subsections (f) and (g), respectively; and

12 (2) by inserting after subsection (d) the following

13 new subsection:

14 ‘‘(e) Subsection (a) shall not apply to any operational

15 file, or any portion of any operational file, required to be

16 disclosed under section 552(d) of title 5, United States Code

17 (Freedom of Information Act).’’.

18 SEC. 3. EFFECTIVE DATE.

19 The amendments made by this Act shall apply to re20 quests made after the expiration of the 180-day period be21 ginning on the date of the enactment of this Act.

Amend the title so as to read: ‘‘A bill to amend title

5, United States Code, and the National Security Act of

1947 to require disclosure under the Freedom of Information Act of information regarding certain individuals

who participated in Nazi war crimes.’’.