‘‘(iii) The National Security Agency.
‘‘(iv) The National Security Council.
‘‘(v) The Department of State.
‘‘(vi) The Federal Bureau of Investigation.
‘‘(vii) The United States Information Agency.
‘‘(2) Paragraph (1) shall not apply to—
‘‘(A) any matter that is referred to in subsection
(b)(6);
‘‘(B) any matter the disclosure of which would—
‘‘(i) reveal an intelligence agent regarding
whom there is clear and convincing evidence that
the identity of such agent currently requires pro-
tection;
‘‘(ii) by revealing the name or identity of a
living person who provided confidential informa-
tion to the United States, constitute a substan-
tial risk of harm to such person (as determined
by clear and convincing evidence); or
‘‘(iii) compromise the existence of an under-
standing of confidentiality currently requiring
protection between an agent of the Government
and a cooperating individual or a foreign gov-
ernment, and (as determined by clear and con-
vincing evidence) cause harm that substantially
outweighs the public interest in the disclosure;
‘‘(C) any matter regarding which there is clear
and convincing evidence that the current or future
threat to national security, military defense, intel-
ligence operations, or the conduct of foreign relations
of the United States substantially outweighs the pub-
lic interest in disclosure of the matter;
‘‘(D) any matter created (by any person) in con-
nection with an investigation, inquiry, or prosecution
by the Office of Special Investigations of the Depart-
ment of Justice; or
‘‘(E) 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 in-
dividual referred to in paragraph (1).
‘‘(3) Any reasonably segregable portion of a matter re-
ferred to in subparagraph (A), (B), or (C) of paragraph
(2) shall be provided, after deletion of all portions of the
matter that are referred to in such subparagraph, to any
person requesting the matter under this section if the rea-
sonably segregable portion would otherwise be required to
be disclosed under this section.
‘‘(4) In the case of a request under this section for any
matter required to be disclosed under this subsection, if the
agency receiving such request is unable to locate the records
so requested, such agency shall promptly supply, to the per-
son making such request, a description of the steps which
were taken by such agency to search the indices and other
locator systems of the agency to determine whether such
records are in the possession or control of the agency.’’.
(b) INAPPLICABILITY OF NATIONAL SECURITY ACT OF
1947 EXEMPTION.—Section 701 of the National Security
Act of 1947 (50 U.S.C. 431) is amended—
(1) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (d) the following
new subsection:
‘‘(e) Subsection (a) shall not apply to any operational
file, or any portion of any operational file, required to be
disclosed under section 552(d) of title 5, United States Code
(Freedom of Information Act).’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to re-
quests made after the expiration of the 180-day period be-
ginning on the date of the enactment of this Act.
Amend the title so as to read: ‘‘A bill to amend title
5, United States Code, and the National Security Act of
1947 to require disclosure under the Freedom of Infor-
mation Act of information regarding certain individuals
who participated in Nazi war crimes.’’.