[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1281 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 1281
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
March 21, 1995
Mrs. Maloney introduced the following bill; which was referred to the
Committee on Government Reform and Oversight, and in addition to the
Permanent Select Committee on Intelligence and the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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 involved in
World War II.
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 ``War Crimes Disclosure Act''.
SEC. 2. REQUIREMENT OF DISCLOSURE UNDER FOIA OF INFORMATION 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 following new
subsection:
``(d)(1)(A) Notwithstanding subsection (b), this section shall
apply to any matter that relates to any individual 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 substituting `December 11, 1941' for `March 23, 1933'.
``(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 whose identity
currently requires protection;
``(ii) by revealing the name or identity of a
living person who provided confidential information to
the United States, constitute a substantial risk of
harm to such person; or
``(iii) compromise the existence of an
understanding of confidentiality currently requiring
protection between an agent of the Government 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 referred 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 matter that are referred to in such
subparagraph, to any person requesting the matter under this section if
the reasonably segregable portion of the matter would otherwise be
required to be disclosed under this section.
``(4) For purposes of this subsection, the term `Watch List' means
the Automated Visa Lookout System, or any other system or list that
maintains information about the excludability of aliens under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and is
maintained by the Department of State or the Department of Justice.''.
(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 take effect 180 days after
the date of the enactment of this Act.
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