I

104TH CONGRESS

1ST SESSION H. R. 1281

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

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,
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1 SECTION 1. SHORT TITLE.

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

3 Act’’.

4 SEC. 2. REQUIREMENT OF DISCLOSURE UNDER FOIA OF IN5 FORMATION REGARDING INDIVIDUALS WHO

6 COMMITTED NAZI WAR CRIMES.

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

8 States Code, is amended—

9 (1) by redesignating subsections (d), (e), and

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

11 (2) by inserting after subsection (c) the follow12 ing new subsection:

13 ‘‘(d)(1)(A) Notwithstanding subsection (b), this sec14 tion shall apply to any matter that relates to any individ15 ual who, because the individual is potentially excludable

16 from the United States under section 212(a)(3)(E)(i) of

17 the Immigration and Nationality Act (8 U.S.C.

18 1182(a)(3)(E)(i)), is listed in a Watch List.

19 ‘‘(B) For purposes of subparagraph (A), section

20 212(a)(3)(E)(i) of the Immigration and Nationality Act

21 (8 U.S.C. 1182(a)(3)(E)(i)) shall be applied by substitut22 ing ‘December 11, 1941’ for ‘March 23, 1933’.

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

24 ‘‘(A) any matter that is referred to in sub25 section (b)(6);
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1 ‘‘(B) any matter the disclosure of which

2 would—

3 ‘‘(i) reveal an intelligence agent whose

4 identity currently requires protection;

5 ‘‘(ii) by revealing the name or identity of

6 a living person who provided confidential infor7 mation to the United States, constitute a sub8 stantial risk of harm to such person; or

9 ‘‘(iii) compromise the existence of an un10 derstanding of confidentiality currently requir11 ing protection between an agent of the Govern12 ment and a cooperating individual or a foreign

13 government, and cause harm that outweighs the

14 public interest in the disclosure;

15 ‘‘(C) any matter regarding which there is clear

16 and convincing evidence that the threat to national

17 security, military defense, intelligence operations, or

18 the conduct of foreign relations of the United States

19 outweighs the public interest in disclosure of the

20 matter; or

21 ‘‘(D) any portion, of any matter, that—

22 ‘‘(i) does not relate to any individual re23 ferred to in paragraph (1); and
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1 ‘‘(ii) is reasonably segregable from any

2 other portions of the matter that relate to an

3 individual referred to in paragraph (1).

4 ‘‘(3) Any reasonably segregable portion of a matter

5 referred to in subparagraph (A), (B), or (C) of paragraph

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

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

8 person requesting the matter under this section if the rea9 sonably segregable portion of the matter would otherwise

10 be required to be disclosed under this section.

11 ‘‘(4) For purposes of this subsection, the term ‘Watch

12 List’ means the Automated Visa Lookout System, or any

13 other system or list that maintains information about the

14 excludability of aliens under the Immigration and Nation15 ality Act (8 U.S.C. 1101 et seq.) and is maintained by

16 the Department of State or the Department of Justice.’’.

17 (b) INAPPLICABILITY OF NATIONAL SECURITY ACT

18 OF 1947 EXEMPTION.—Section 701 of the National Secu19 rity Act of 1947 (50 U.S.C. 431) is amended—

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

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

22 (2) by inserting after subsection (d) the follow23 ing new subsection:

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

25 file, or any portion of any operational file, required to be
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1 disclosed under section 552(d) of title 5, United States

2 Code (Freedom of Information Act).’’.

3 SEC. 3. EFFECTIVE DATE.

4 The amendments made by this Act shall take effect

5 180 days after the date of the enactment of this Act.

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