PUBLIC LAW 105-246—OCT. 8, 1998 112 STAT. 1861 (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; (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 S. —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.
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