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S 1379 - 105

Nazi War Crimes Disclosure Act

Became Public Law No: 105-246.

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Summary

35 Passed Senate amended Jan 11, 2001

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.

01 Reported to Senate with amendment(s) Jan 11, 2001

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 Nazi war criminal records of the United States. Requires such records to be released in their entirety, subject to disclosure exceptions. Provides disclosure exceptions for the release of specific information which should be expected to reveal, among other things: (1) the identity of a confidential human source, or information about the application of an intelligence source or method, or the identity of a human intelligence source when the unauthorized disclosure of that source would damage the national security of the United States; (2) information that would assist in the development or use of weapons of mass destruction; and (3) information that would seriously impair relations between the United States and a foreign government, or seriously undermine ongoing diplomatic activities of the United States. 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 to only be made when the agency head determines that disclosure and release would be harmful to a specific interest identified in the exemption. Requires such a determination to be promptly reported to the appropriate congressional committees, including the Senate Judiciary Committee. Prohibits applying the exception to 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 Freedom of Information Act requests for Nazi war criminal records.

00 Introduced in Senate Jan 11, 2001

Nazi War Crimes Disclosure Act - Amends the Freedom of Information Act to redefine the term "Nazi war criminal records." Requires such records to be released in their entirety, subject to disclosure exceptions. Provides disclosure exceptions for the release of specific information which should be expected to reveal, among other things: (1) the identity of a confidential human source, or information about the application of an intelligence source or method, or the identity of a human intelligence source when the unauthorized disclosure of that source would damage the national security of the United States; (2) information that would assist in the development or use of weapons of mass destruction; and (3) information that would seriously impair relations between the United States and a foreign government, or seriously undermine ongoing diplomatic activities of the United States. Prohibits applying the exception to records: (1) related to or supporting any investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (2) 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. 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 Nazi war criminal records of the United States. Provides for expedited processing of requests for Nazi war criminal records.

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Timeline

Oct 8, 1998

Signed by President.

Oct 8, 1998

Signed by President.

Oct 8, 1998

Became Public Law No: 105-246.

Oct 8, 1998

Became Public Law No: 105-246.

Sep 28, 1998

Presented to President.

Sep 28, 1998

Presented to President.

Aug 6, 1998

Mr. Horn asked unanimous consent to take from the Speaker's table and consider.

Aug 6, 1998

Considered by unanimous consent. (consideration: CR H7295-7297)

Aug 6, 1998

Passed/agreed to in House: On passage Passed without objection.

Aug 6, 1998

On passage Passed without objection.

Aug 6, 1998

Motion to reconsider laid on the table Agreed to without objection.

Jun 22, 1998

Received in the House.

Jun 22, 1998

Message on Senate action sent to the House.

Jun 22, 1998

Held at the desk.

Jun 19, 1998

Measure laid before Senate by unanimous consent. (consideration: CR S6724-6730)

Jun 19, 1998

Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

Jun 19, 1998

Passed Senate with an amendment by Unanimous Consent.

Mar 5, 1998

Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

Mar 5, 1998

Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

Mar 5, 1998

Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

Mar 5, 1998

Placed on Senate Legislative Calendar under General Orders. Calendar No. 323.

Nov 5, 1997

Introduced in Senate

Nov 5, 1997

Sponsor introductory remarks on measure. (CR S11772-11773)

Nov 5, 1997

Read twice and referred to the Committee on Judiciary.

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