I
103D CONGRESS
2D SESSION
H. R. 4955
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
AUGUST 12, 1994
Mrs. MALONEY (for herself, Mrs. LOWEY, Mr. NADLER, Mr. WAXMAN, Mr.
SAXTON, Mr. PASTOR, and Mr. COOPER) introduced the following bill;
which was referred jointly to the Committees on Government Operations,
the Judiciary, and the Permanent Select Committee on Intelligence
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 in-
volved in World War II.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘War Crimes Disclosure
Act’’.
SEC. 2. REQUIREMENT OF DISCLOSURE UNDER FOIA OF IN-
FORMATION REGARDING INDIVIDUALS WHO
COMMITTED NAZI WAR CRIMES.
(a) IN GENERAL.—Section 552 of title 5, United
States Code, is amended—
(1) by redesignating subsections (d), (e), and
(f) as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the follow-
ing new subsection:
‘‘(d)(1)(A) Notwithstanding subsection (b), this sec-
tion shall apply to any matter that relates to any individ-
ual who, because the individual is potentially excludable
from the United States under section 212(a)(3)(E)(i) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(3)(E)(i)), is listed in a Watch List.
‘‘(B) For purposes of subparagraph (A), section
212(a)(3)(E)(i) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(E)(i)) shall be applied by substitut-
ing ‘December 11, 1941’ for ‘March 23, 1933’.
‘‘(2) Paragraph (1) shall not apply to—
‘‘(A) any matter that is referred to in sub-
section (b)(6);
‘‘(B) any matter the disclosure of which
would—
‘‘(i) reveal an intelligence agent whose
identity currently requires protection;
‘‘(ii) by revealing the name or identity of
a living person who provided confidential infor-
mation to the United States, constitute a sub-
stantial risk of harm to such person; or
‘‘(iii) compromise the existence of an un-
derstanding of confidentiality currently requir-
ing protection between an agent of the Govern-
ment and a cooperating individual or a foreign
government, and cause harm that outweighs the
public interest in the disclosure;
‘‘(C) any matter regarding which there is clear
and convincing evidence that the threat to national
security, military defense, intelligence operations, or
the conduct of foreign relations of the United States
outweighs the public interest in disclosure of the
matter; or
‘‘(D) any portion, of any matter, that—
‘‘(i) does not relate to any individual re-
ferred to in paragraph (1); and
‘‘(ii) is reasonably segregable from any
other portions of the matter that relate to an
individual referred to in paragraph (1).
‘‘(3) Any reasonably segregable portion of a matter
referred to in subparagraph (A), (B), or (C) of paragraph
(2) shall be provided, after deletion of all portions of the