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Nazi War Crimes Disclosure Act

Public Law 105-246

Section 1. Short Title

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

Section 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 InteragencyWorking Group established under subsection (b);

(3) "Nazi war criminal records" has the meaning given such term under section 3of 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 isestablished.

(2) Membership -- The President shall appoint to the Interagency Groupindividuals whom the President determines will most completely and effectively carry outthe 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 ofState, the Archivist of the United States, the head of any other agency the Presidentconsiders appropriate, and no more than 3 other persons. The head of an agencyappointed by the President may designate an appropriate officer to serve on theInteragency Group in lieu of the head of such agency.

(3) Initial Meeting -- Not later than 90 days after the date of enactment of thisAct, the Interagency Group shall hold an initial meeting and begin the functions requiredunder this section.

(c) Functions -- Not later than 1 year after the date of enactment of this Act, theInteragency Group shall, to the greatest extent possible consistent with section 3 of this Act --

(1) locate, identify, inventory, recommend for declassification, and makeavailable to the public at the National Archives and Records Administration, all Nazi warcriminal records of the United States;

(2) coordinate with agencies and take such actions as necessary to expedite therelease of such records to the public; and

(3) submit a report to Congress, including the Committee on the Judiciary of theSenate and the Committee on Government Reform and Oversight of the House ofRepresentatives, describing all such records, the disposition of such records, and theactivities of the Interagency Group and agencies under this section.

Section 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 criminalrecords" means records or portions of records that

(1) pertain to any person with respect to whom the United States Government, inits sole discretion, has grounds to believe ordered, incited, assisted, or otherwiseparticipated in the persecution of any person because of race, religion, national origin, orpolitical 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 theNazi government of Germany;

(C) any government established with the assistance or cooperation ofthe Nazi government of Germany; or

(D) any government which was an ally of the Nazi government ofGermany; or

(2) pertain to any transaction as to which the United States Government, in itssole discretion, has grounds to believe --

(A) involved assets taken from persecuted persons during the periodbeginning on March 23, 1933, and ending on May 8, 1945, by, under thedirection of, on behalf of, or under authority granted by the Nazi government ofGermany or any nation then allied with that government; and

(B) such transaction was completed without the assent of the owners ofthose 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 CriminalRecords Interagency Working Group shall release in their entirety Nazi war criminalrecords that are described in subsection (a).

(2) Exception for Privacy, etc. -- An agency head may exempt from releaseunder 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 revealinformation about the application of an intelligence source or method, or revealthe identity of a human intelligence source when the unauthorized disclosure ofthat source would clearly and demonstrably damage the national securityinterests of the United States;

(C) reveal information that would assist in the development or use ofweapons of mass destruction;

(D) reveal information that would impair United States cryptologicsystems 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 impairrelations between the United States and a foreign government, or seriously anddemonstrably undermine ongoing diplomatic activities of the United States;

(H) reveal information that would clearly and demonstrably impair thecurrent ability of United States Government officials to protect the President,Vice President, and other officials for whom protection services, in the interest ofnational security, are authorized;

(I) reveal information that would seriously and demonstrably impaircurrent 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 interestin the release of Nazi war criminal records will be served by disclosure andrelease of the records. Assertion of such exemption may only be made whenthe agency head determines that disclosure and release would be harmful to aspecific interest identified in the exemption. An agency head who makes such adetermination shall promptly report it to the committees of Congress withappropriate jurisdiction, including the Committee on the Judiciary of the Senateand the Committee on Government Reform and Oversight of the House ofRepresentatives. The exemptions set forth in paragraph (2) shall constitute theonly authority pursuant to which an agency head may exempt records otherwisesubject to release under paragraph (1).

(4) Limitation of title 5 -- 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 ofJustice; 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 theNational Security Act of 1947 (50 U.S.C. 431) shall not apply to any operational file, or anyportion of an operational file, that constitutes a Nazi war criminal record under section 3 of thisAct.

Section 4. Expedited Processing of FOIA Requests for Nazi War Criminal Records

(a) Expedited Processing -- For purposes of expedited processing under section552(a)(6)(E) of title 5, United States Code, any requester of a Nazi war criminal record shall bedeemed to have a compelling need for such record.

(b) Requester -- For purposes of this section, the term "requester" means any personwho was persecuted in the manner described under section 3(a)(1) of this Act who requests aNazi war criminal record.

Section 5. Effective Date

This Act and the amendments made by this Act shall take effect on the date that is 90days after the date of enactment of this Act.