[Congressional Record Volume 144, Number 81 (Friday, June 19, 1998)]
[Senate]
[Pages S6716-S6717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NAZI WAR CRIMES DISCLOSURE ACT

                                 ______
                                 

                 DeWINE (AND LEAHY) AMENDMENT NO. 2782

  Mr. WARNER (for DeWine, for himself and Mr. Leahy) proposed an 
amendment to the bill (S. 1379) to amend section 552 of title 5, United 
States Code, and the National Security Act of 1947 to require 
disclosure under the Freedom of Information Act regarding certain 
persons, disclose Nazi war criminal records without impairing any 
investigation or prosecution conducted by the Department of Justice or 
certain intelligence matters, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nazi War Crimes Disclosure 
     Act''.

     SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS 
                   INTERAGENCY 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 Working Group established under 
     subsection (b);
       (3) ``Nazi war criminal records'' has the meaning given 
     such term under section 3 of this Act; and
       (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 
     Interagency Group is established.
       (2) Membership.--The President shall appoint to the 
     Interagency 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.
       (c) Functions.--Not later than 1 year after the date of 
     enactment 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 
     declassification, 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 
     necessary 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 Government 
     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, religion, 
     national origin, or political 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 military 
     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 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 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).
       (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 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 destruction;
       (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 seriously and demonstrably undermine 
     ongoing diplomatic activities of the United States;

[[Page S6717]]

       (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 
     officials for whom protection services, in the interest of 
     national security, are authorized;
       (I) reveal information that would seriously and 
     demonstrably 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 determines 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 
     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 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.
       (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 
     Special Investigations of the Department 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 expedited 
     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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