23, 1933, and ending on May 8, 1945, under the di-
rection 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 govern-
ment 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 with-
out the assent of the owners of those assets or
their heirs or assigns or other legitimate rep-
resentatives.
(b) RELEASE OF RECORDS.—
(1) IN GENERAL.—Subject to paragraphs (2),
(3), and (4), the Nazi War Criminal Records Inter-
agency Working Group shall release in their entirety
Nazi war criminal records that are described in sub-
section (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 inva-
sion 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 de-
struction;
(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 se-
riously 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 offi-
cials for whom protection services, in the inter-
est of national security, are authorized;
(I) reveal information that would seriously
and demonstrably impair current national secu-
rity emergency preparedness plans; or
(J) violate a treaty or international agree-
ment.
(3) APPLICATION OF EXEMPTIONS.—
(A) IN GENERAL.—In applying the exemp-
tions 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 ex-
emption may only be made when the agency
head determines that disclosure and release
would be harmful to a specific interest identi-
fied in the exemption. An agency head who
makes such a determination shall promptly re-
port it to the committees of Congress with ap-
propriate jurisdiction, including the Committee
on the Judiciary of the Senate and the Commit-
tee 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 deter-
mination by an agency head to apply an exemp-
tion 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) of title 5,
United States Code.
(4) LIMITATION ON APPLICATION.—This sub-
section 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 De-
partment 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 expe-
dited 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.
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