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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1379 Enrolled Bill (ENR)]

        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.
    (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).
        (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.
        (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.
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