105TH CONGRESS

2D SESSION S. 1379

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.

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 ‘‘Nazi War Crimes Dis5 closure Act’’.
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1 SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS

2 INTERAGENCY WORKING GROUP.

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

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

5 under section 551 of title 5, United States Code;

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

7 Criminal Records Interagency Working Group estab8 lished under subsection (b);

9 (3) ‘‘Nazi war criminal records’’ has the mean10 ing given such term under section 3 of this Act; and

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

12 (b) ESTABLISHMENT OF INTERAGENCY GROUP.—

13 (1) IN GENERAL.—Not later than 60 days after

14 the date of enactment of this Act, the President

15 shall establish the Nazi War Criminal Records Inter16 agency Working Group, which shall remain in exist17 ence for 3 years after the date the Interagency

18 Group is established.

19 (2) MEMBERSHIP.—The President shall appoint

20 to the Interagency Group individuals whom the

21 President determines will most completely and effec22 tively carry out the functions of the Interagency

23 Group within the time limitations provided in this

24 section, including the Director of the Holocaust Mu25 seum, the Historian of the Department of State, the

26 Archivist of the United States, the head of any other
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1 agency the President considers appropriate, and no

2 more than 3 other persons. The head of an agency

3 appointed by the President may designate an appro4 priate officer to serve on the Interagency Group in

5 lieu of the head of such agency.

6 (3) INITIAL MEETING.—Not later than 90 days

7 after the date of enactment of this Act, the Inter8 agency Group shall hold an initial meeting and begin

9 the functions required under this section.

10 (c) FUNCTIONS.—Not later than 1 year after the date

11 of enactment of this Act, the Interagency Group shall, to

12 the greatest extent possible consistent with section 3 of

13 this Act—

14 (1) locate, identify, inventory, recommend for

15 declassification, and make available to the public at

16 the National Archives and Records Administration,

17 all classified Nazi war criminal records of the United

18 States;

19 (2) coordinate with agencies and take such ac20 tions as necessary to expedite the release of such

21 records to the public; and

22 (3) submit a report to Congress, including the

23 Committee on the Judiciary of the Senate and the

24 Committee on Government Reform and Oversight of

25 the House of Representatives, describing all such
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1 records, the disposition of such records, and the ac2 tivities of the Interagency Group and agencies under

3 this section.

4 (d) FUNDING.—There are authorized to be appro5 priated such sums as may be necessary to carry out the

6 provisions of this Act.

7 SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS RE8 GARDING PERSONS WHO COMMITTED NAZI

9 WAR CRIMES.

10 (a) NAZI WAR CRIMINAL RECORDS.—For purposes

11 of this Act, the term ‘‘Nazi war criminal records’’ means

12 classified records or portions of records that—

13 (1) pertain to any person with respect to whom

14 the United States Government, in its sole discretion,

15 has grounds to believe ordered, incited, assisted, or

16 otherwise participated in the persecution of any per17 son because of race, religion, national origin, or po18 litical opinion, during the period beginning on March

19 23, 1933, and ending on May 8, 1945, under the di20 rection of, or in association with—

21 (A) the Nazi government of Germany;

22 (B) any government in any area occupied

23 by the military forces of the Nazi government

24 of Germany;
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1 (C) any government established with the

2 assistance or cooperation of the Nazi govern3 ment of Germany; or

4 (D) any government which was an ally of

5 the Nazi government of Germany; or

6 (2) pertain to any transaction as to which the

7 United States Government, in its sole discretion, has

8 grounds to believe—

9 (A) involved assets taken from persecuted

10 persons during the period beginning on March

11 23, 1933, and ending on May 8, 1945, by,

12 under the direction of, on behalf of, or under

13 authority granted by the Nazi government of

14 Germany or any nation then allied with that

15 government; and

16 (B) such transaction was completed with17 out the assent of the owners of those assets or

18 their heirs or assigns or other legitimate rep19 resentatives.

20 (b) RELEASE OF RECORDS.—

21 (1) IN GENERAL.—Subject to paragraphs (2),

22 (3), and (4), the Nazi War Criminal Records Inter23 agency Working Group shall release in their entirety

24 Nazi war criminal records that are described in sub25 section (a).
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1 (2) EXCEPTION FOR PRIVACY, ETC.—An agency

2 head may exempt from release under paragraph (1)

3 specific information, that would—

4 (A) constitute a clearly unwarranted inva5 sion of personal privacy;

6 (B) reveal the identity of a confidential

7 human source, or reveal information about the

8 application of an intelligence source or method,

9 or reveal the identity of a human intelligence

10 source when the unauthorized disclosure of that

11 source would clearly and demonstrably damage

12 the national security interests of the United

13 States;

14 (C) reveal information that would assist in

15 the development or use of weapons of mass de16 struction;

17 (D) reveal information that would impair

18 United States cryptologic systems or activities;

19 (E) reveal information that would impair

20 the application of state-of-the-art technology

21 within a United States weapon system;

22 (F) reveal actual United States military

23 war plans that remain in effect;

24 (G) reveal information that would seriously

25 and demonstrably impair relations between the
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1 United States and a foreign government, or se2 riously and demonstrably undermine ongoing

3 diplomatic activities of the United States;

4 (H) reveal information that would clearly

5 and demonstrably impair the current ability of

6 United States Government officials to protect

7 the President, Vice President, and other offi8 cials for whom protection services, in the inter9 est of national security, are authorized;

10 (I) reveal information that would seriously

11 and demonstrably impair current national secu12 rity emergency preparedness plans; or

13 (J) violate a treaty or international agree14 ment.

15 (3) APPLICATION OF EXEMPTIONS.—

16 (A) IN GENERAL.—In applying the exemp17 tions listed in subparagraphs (B) through (J)

18 of paragraph (2), there shall be a presumption

19 that the public interest in the release of Nazi

20 war criminal records will be served by disclosure

21 and release of the records. Assertion of such ex22 emption may only be made when the agency

23 head determines that disclosure and release

24 would be harmful to a specific interest identi25 fied in the exemption. An agency head who
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1 makes such a determination shall promptly re2 port it to the committees of Congress with ap3 propriate jurisdiction, including the Committee

4 on the Judiciary of the Senate and the Commit5 tee on Government Reform and Oversight of

6 the House of Representatives. The exemptions

7 set forth in paragraph (2) shall constitute the

8 only authority pursuant to which an agency

9 head may exempt records otherwise subject to

10 release under paragraph (1).

11 (B) APPLICATION OF TITLE 5.—A deter12 mination by an agency head to apply an exemp13 tion listed in subparagraphs (B) through (I) of

14 paragraph (2) shall be subject to the same

15 standard of review that applies in the case of

16 records withheld under section 552(b)(1) of title

17 5, United States Code.

18 (4) LIMITATION ON APPLICATION.—This sub19 section shall not apply to records—

20 (A) related to or supporting any active or

21 inactive investigation, inquiry, or prosecution by

22 the Office of Special Investigations of the De23 partment of Justice; or

24 (B) solely in the possession, custody, or

25 control of that office.
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1 (c) INAPPLICABILITY OF NATIONAL SECURITY ACT

2 OF 1947 EXEMPTION.—Section 701(a) of the National

3 Security Act of 1947 (50 U.S.C. 431) shall not apply to

4 any operational file, or any portion of any operational file,

5 that constitutes a Nazi war criminal record under section

6 3 of this Act.

7 SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR

8 NAZI WAR CRIMINAL RECORDS.

9 (a) EXPEDITED PROCESSING.—For purposes of expe10 dited processing under section 552(a)(6)(E) of title 5,

11 United States Code, any requester of a Nazi war criminal

12 record shall be deemed to have a compelling need for such

13 record.

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

15 term ‘‘requester’’ means any person who was persecuted

16 in the manner described under section 3(a)(1) of this Act

17 who requests a Nazi war criminal record.
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1 SEC. 5. EFFECTIVE DATE.

2 This Act and the amendments made by this Act shall

3 take effect on the date that is 90 days after the date of

4 enactment of this Act.

Passed the Senate June 19, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 1379

AN ACT

To amend section 552 of title 5, United States

ters, and for other purposes.partment of Justice or certain intelligence matinvestigation or prosecution conducted by the DeNazi war criminal records without impairing anymation Act regarding certain persons, discloserequire disclosure under the Freedom of InforCode, and the National Security Act of 1947 to
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