S. 1379

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

An Act

To amend section 552 of title 5, United States Code, and the National Security

Act of 1947 to require disclosure under the Freedom of Information Act regarding

certain persons, disclose Nazi war criminal records without impairing 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 ‘‘Nazi War Crimes Disclosure

Act’’.

SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS INTERAGENCY WORKING GROUP.

(a) DEFINITIONS.—In this section the term—

(1) ‘‘agency’’ has the meaning given such term under section

551 of title 5, United States Code;

(2) ‘‘Interagency Group’’ means the Nazi War Criminal

Records Interagency Working Group established under subsection (b);

(3) ‘‘Nazi war criminal records’’ has the meaning given

such term under section 3 of this Act; and

(4) ‘‘record’’ means a Nazi war criminal 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

Nazi War Criminal 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 Director of the Holocaust Museum, 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.
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(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 Nazi war criminal

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 the Judiciary of the Senate and the Committee on Government Reform and Oversight 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

sums as may be necessary to carry out the provisions of this

Act.

SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS REGARDING

PERSONS WHO COMMITTED NAZI WAR CRIMES.

(a) NAZI WAR CRIMINAL RECORDS.—For purposes of this Act,

the term ‘‘Nazi war criminal records’’ means classified records or

portions of records that—

(1) 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

persecution of any person because of race, religion, national

origin, or political opinion, during the period beginning on

March 23, 1933, and ending on May 8, 1945, under the direction

of, or in association with—

(A) the Nazi government of Germany;

(B) any government in any area occupied by the military forces of the Nazi government of Germany;

(C) any government established with the assistance

or cooperation of the Nazi government of Germany; or

(D) any government which was an ally of the Nazi

government of Germany; or

(2) pertain to any transaction as to which the United States

Government, in its sole discretion, has grounds to believe—

(A) involved assets taken from persecuted persons during the period beginning on March 23, 1933, and ending

on May 8, 1945, by, under the direction of, on behalf

of, or under authority granted by the Nazi government

of Germany or any nation then allied with that government;

and

(B) such transaction was completed without the assent

of the owners of those assets or their heirs or assigns

or other legitimate representatives.

(b) RELEASE OF RECORDS.—

(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4),

the Nazi War Criminal Records Interagency Working Group

shall release in their entirety Nazi war criminal records that

are described in subsection (a).
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(2) EXCEPTION FOR PRIVACY, ETC.—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, in the interest

of national security, are authorized;

(I) reveal information that would seriously and demonstrably impair current national security emergency

preparedness plans; or

(J) violate a treaty or international agreement.

(3) APPLICATION OF EXEMPTIONS.—

(A) IN GENERAL.—In applying the exemptions listed

in subparagraphs (B) through (J) of paragraph (2), there

shall be a presumption that the public interest in the

release of Nazi war criminal records will be served by

disclosure and release of the records. Assertion of such

exemption may only be made when the agency head 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. The exemptions set forth in paragraph (2) shall constitute the only

authority pursuant to which an agency head may exempt

records otherwise subject to release under paragraph (1).

(B) APPLICATION OF TITLE 5.—A determination by an

agency head to apply an exemption listed 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.
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(4) LIMITATION ON APPLICATION.—This subsection shall not

apply to records—

(A) related to or supporting any active or inactive

investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or

(B) solely in the possession, custody, or control of that

office.

(c) 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 Nazi war criminal

record under section 3 of this Act.

SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR

CRIMINAL RECORDS.

(a) EXPEDITED PROCESSING.—For purposes of expedited processing under section 552(a)(6)(E) of title 5, United States Code, any

requester of a Nazi war criminal record shall be deemed to have

a compelling need for such record.

(b) REQUESTER.—For purposes of this section, the term

‘‘requester’’ means any person who was persecuted in the manner

described under section 3(a)(1) of this Act who requests a Nazi

war criminal record.

SEC. 5. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take

effect on the date that is 90 days after the date of enactment

of this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.