[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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