Nazi War Crimes Disclosure Act
PL 105-246 (S.1379), enacted 10/08/1998

PUBLIC LAW 105-24&-OCT. 8, 1998 
112 STAT. 1859 
Public Law 105-246 
105th Congress 
An Act 
To amend section 552 of title 5, United States Code, and the National Security 
Act of 1947 to reqmre disclosure under the Freedom of Information Act regarding 
certain persons, disclose Nazi war criminal records without impairing any inves-
tigation or prosecution conducted by the Department of Justice or certain intel-
Hgence matters, and for other ptirposes. 
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 INTER-
AGENCY 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 Worlang Group established under sub-
section (b); 
(3) "Nazi war criminal records" has the meaning given 
such term under section 3 of this Act; £ind 
(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 Inter-
agency Group is established. 
(2) MEMBERSHIP.—^The President shall appoint to the Inter-
agency 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. 
Oct. 8, 1998 
[S. 1379] 
Nazi War Crimes 
Disclosure Act. 
5 u s e 522 note. 
5 u s e 522 note. 
Deadlines. 
President. 
112 STAT. 1860 
PUBLIC LAW 105-246—OCT. 8, 1998 
Records. 
Reports. 
5 use 522 note. 
(c) FUNCTIONS.—Not later than 1 year after the date of enact-
ment 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 declassifica-
tion, 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 nec-
essary 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 Grovern-
ment 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, reUgion, national 
origin, or pohtical 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 mili-
tary 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 Grermany; or 
(2) pertain to any transaction as to which the United States 
Grovernment, in its sole discretion, has grounds to beheve— 
(A) involved assets taken from persecuted persons dur-
ing 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 alUed 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). 
PUBLIC LAW 105-246—OCT. 8, 1998 
112 STAT. 1861 
(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 per-
sonal privacy; 
(B) reveal the identity of a confidential human source, 
or reveal information about the application of an intel-
ligence 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 develop-
ment 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 applica-
tion 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 demon-
strably impair relations between the United States and 
a foreign government, or seriously and demonstrably under-
mine ongoing diplomatic activities of the United States; 
(H) reveal information that would clearly and demon-
strably impair the current ability of United States Govern-
ment 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 demon-
strably 
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 deter-
mines 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 exemp-
tions 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 S.—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. 
112 STAT. 1862 
PUBLIC LAW 105-246—OCT. 8, 1998 
(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 Spe-
cial Investigations of the Department of Justice; or 
(B) solely in the possession, custody, or control of that 
office. 
(c) 
INAPPLICABILITY OP 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. 
5 use 522 note. 
SEC. 4. EXPEDITED PROCESSING OP FOIA REQUESTS FOR NAZI WAR 
CRIMINAL RECORDS. 
(a) EXPEDITED PROCESSING.—For purposes of expedited process-
ing vmder 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. 
5 use 522 note. 
SEC. 5. EFFECTIVE DATE. 
This Act and the Eimendments made by this Act shall take 
effect on the date that is 90 days after the date of enactment 
of this Act. 
Approved October 8, 1998. 
LEGISLATIVE fflSTORY—S. 1379: 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
June 19, considered and passed Senate. 
Aug. 6, considered and passed House. 
PUBLIC LAW 105-246—OCT. 8, 1998 
112 STAT. 1861 
(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 per-
sonal privacy; 
(B) reveal the identity of a confidential human source, 
or reveal information about the application of an intel-
ligence 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 develop-
ment 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 applica-
tion 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 demon-
strably impair relations between the United States and 
a foreign government, or seriously and demonstrably under-
mine ongoing diplomatic activities of the United States; 
(H) reveal information that would clearly and demon-
strably impair the current ability of United States Govern-
ment 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 demon-
strably 
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 deter-
mines 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 exemp-
tions 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 S.—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. 
112 STAT. 1862 
PUBLIC LAW 105-246—OCT. 8, 1998 
(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 Spe-
cial Investigations of the Department of Justice; or 
(B) solely in the possession, custody, or control of that 
office. 
(c) 
INAPPLICABILITY OP 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. 
5 use 522 note. 
SEC. 4. EXPEDITED PROCESSING OP FOIA REQUESTS FOR NAZI WAR 
CRIMINAL RECORDS. 
(a) EXPEDITED PROCESSING.—For purposes of expedited process-
ing vmder 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. 
5 use 522 note. 
SEC. 5. EFFECTIVE DATE. 
This Act and the Eimendments made by this Act shall take 
effect on the date that is 90 days after the date of enactment 
of this Act. 
Approved October 8, 1998. 
LEGISLATIVE fflSTORY—S. 1379: 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
June 19, considered and passed Senate. 
Aug. 6, considered and passed House. 
PUBLIC LAW 105-247—OCT. 9, 1998 
112 STAT. 1863 
Public Law 105-247 
105th Congress 
An Act 
Oct. 9, 1998 
To correct a provision relating to termination of benefits for convicted persons. 
[H.R. 3096] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. CORRECnON. 
Section 8148(a) of title 5, United States Code, is amended 
by striking "a receipt" and inserting "or receipt". 
Approved October 9, 1998. 
LEGISLATIVE HISTORY—H.R. 3096: 
HOUSE REPORTS: No. 105-446 (Comm. on Education and the Workforce). 
SENATE REPORTS: No. 105-296 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Mar. 24, considered and passed House. 
Sept. 28, considered and passed Senate. 
68-194 O - 98 - 2 : QL 3 Part 3 
112 STAT. 1864 
PUBLIC LAW 105-248—OCT. 9, 1998 
Public Law 105-248 
105th Congress 
Oct. 9, 1998 
[H.R. 4382] 
Mammography 
Quality 
Standards 
Reauthorization 
Act of 1998. 
42 u s e 201 note. 
An Act 
To amend the PubHc Health Service Act to revise and extend the program for 
mammography quality standards. 
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 "Mammography Quality Standards 
Reauthorization Act of 1998". 
SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 354(r)(2) of the Public Health Service 
Act (42 U.S.C. 263b(r)(2)) is amended in each of subparagraphs 
(A) and (B) by striking "1997" and inserting "2002". 
(b) TECHNICAL AMENDMENTS.—Section 354(r)(2) of the Public 
Health Service Act (42 U.S.C. 263b(r)(2)) is amended in subpara-
graph (A) by striking "subsection (q)" and inserting "subsection 
(p)", and in subparagraph (B) by striking "fiscal year" and inserting 
"fiscal years". 
SEC. 3. APPLICATION OF CURRENT VERSION OF APPEAL REGULA-
TIONS. 
Section 354(d)(2)(B) of the Public Health Service Act (42 U.S.C. 
263b(d)(2)(B)) is amended by striking "42 C.F.R. 498 and i n j e c t 
on the date of the enactment of this section" and inserting "part 
498 of title 42, Code of Federal Regulations". 
SEC. 4. ACCREDITATION STANDARDS. 
(a) IN GENERAL.—Section 354(e)(1)(B) of the Public Health 
Service Act (42 U.S.C. 263b(e)(l)(B)) is amended— 
(1) in clause (i), by striking "practicing physicians" each 
place such term appears and inserting "review physicians"; 
and 
(2) in clause (ii), by striking "financial relationship" and 
inserting "relationship". 
(b) DEFINITION.—Section' 354(a) of the Public Health Service 
Act (42 U.S.C. 263b(a)) is amended by adding at the end the 
following: 
"(8) REVIEW PHYSICIAN.—^The term 'review physician' means 
a physician as prescribed by the Secretary under subsection 
(f)(1)(D) who meets such additional requirements as may be 
established by an accreditation body under subsection (e) and 
approved by the Secretary to review clinical images under 
subsection (e)(l)(B)(i) on behalf of the accreditation body.". 
PUBLIC LAW 105-248—OCT. 9, 1998 
112 STAT. 1865 
SEC. 5. CLARIFICATION OF FACILITIES' RESPONSIBILITY TO RETAIN 
MAMMOGRAM RECORDS. 
Section 354(f)(1)(G) of the Public Health Service Act (42 U.S.C. 
263b(f)(l)(G)) is amended by striking clause (i) and inserting the 
following: 
"(i) a facility that performs any mammogram— 
"(I) except as provided in subclause (II), main-
tain the mammogram in the permanent medical 
records of the patient for a period of not less than 
5 years, or not less than 10 years if no subsequent 
mammograms of such patient are performed at 
the facility, or longer if mandated by State law; 
and 
"(II) upon the request of or on behalf of the 
patient, transfer the mammogram to a medical 
institution, to a physician of the patient, or to 
the patient directly; and". 
SEC. 6. DIRECT REPORTS TO PATIENTS. 
Section 354(f)(l)(G)(ii) of the Public Health Service Act (42 
U.S.C. 263b(f)(l)(G)(ii)) is amended by striking subclause (IV) and 
inserting the following: 
"(IV) whether or not such a physician is available 
or there is no such physician, a summary of the written 
report shall be sent directly to the patient in terms 
easily understood by a lay person; and'. 
SEC. 7. SCOPE OF INSPECTIONS. 
Section 354(g)(1)(A) of the Public Health Service Act (42 U.S.C. 
263b(g)(l)(A)) is amended in the first sentence— 
(1) by striking "certified"; and 
(2) by inserting "the certification requirements under sub-
section (b) and" after "compliance with". 
SEC. 8. DEMONSTRATION 
PROGRAM REGARDING FREQUENCY OF 
INSPECTIONS. 
Section 354(g) of the Pubhc Health Service Act (42 U.S.C. 
263b(g)) is amended— 
(1) in paragraph (1)(E), by inserting ", subject to paragraph 
(6)" before the period; and 
(2) by adding at the end the following paragraph: 
"(6) DEMONSTRATION PROGRAM.— 
"(A) IN GENERAL.—^The Secretary may establish a 
demonstration program under which inspections under 
paragraph (1) of selected facilities are conducted less fre-
quently by the Secretary (or as applicable, by State or 
local agencies acting on behalf of the Secretary) than the 
interval specified in subparagraph (E) of such paragraph. 
"(B) 
REQUIREMENTS.—^^y 
demonstration 
program 
under subparagraph (A) shall be carried out in accordance 
with the following: 
"(i) The program may not be implemented before 
April 1, 2001. Preparations for the program may be 
carried out prior to such date. 
"(ii) In carrying out the program, the Secretary 
may not select a facility for inclusion in the program 
unless the facility is substantially free of incidents 
of noncompliance with the standards under subsection