A bill 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.
Nazi War Crimes Disclosure Act - Establishes the Nazi War Criminal Records Interagency Working Group to 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. Requires that: (1) Group members include the Director of the Holocaust Museum, the Historian of the Department of State, and the Archivist of the United States; and (2) the Group submit a report to the Congress describing all such records, their disposition, and the Interagency Group's activities. Authorizes appropriations.
Requires such records to be released in their entirety, except that an agency head may exempt from release specific information that would compromise privacy, national security, or U.S. foreign policy, as specified. States that in applying the exemptions 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. Permits assertion of such exemption only when the agency head determines that disclosure and release would be harmful to a specific interest identified. Requires such a determination to be promptly reported to the appropriate congressional committees, including the Senate Committee on the Judiciary and the House Committee on Government Reform and Oversight. Subjects such exemptions to the same standard of review that applies to records withheld under the Freedom of Information Act (FOIA) for matters that are specifically authorized by an executive order to be kept secret in the interest of national defense or foreign policy. Provides an additional exception from disclosure for records: (1) related to or supporting any investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (2) solely in the possession or control of that office.
Amends the National Security Act of 1947 to provide that the exemption from public disclosure authorized under such Act for operational files of the Central Intelligence Agency shall not apply to information regarding any operational file, or portion of any operational file, that constitutes a Nazi war criminal record.
Provides for expedited processing of FOIA requests for Nazi war criminal records.
For Further Action See S.1379.
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 323.
Measure laid before Senate by unanimous consent. (consideration: CR S6724-6730)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Received in the House.
Message on Senate action sent to the House.
Held at the desk.
Mr. Horn asked unanimous consent to take from the Speaker's table and consider.
Considered by unanimous consent. (consideration: CR H7295-7297)
Passed/agreed to in House: On passage Passed without objection.
Enacted as Public Law 105-246
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On passage Passed without objection.
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 105-246.
Became Public Law No: 105-246.