[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 5432 Introduced in House (IH)] 106th CONGRESS 2d Session H. R. 5432 To amend the Nazi War Crimes Disclosure Act to extend and modify the functions of the Nazi War Criminal Records Interagency Working Group to cover records of the Japanese Imperial Government, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES October 10, 2000 Mrs. Maloney of New York (for herself and Mr. Lantos) introduced the following bill; which was referred to the Committee on Government Reform _______________________________________________________________________ A BILL To amend the Nazi War Crimes Disclosure Act to extend and modify the functions of the Nazi War Criminal Records Interagency Working Group to cover records of the Japanese Imperial Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi War Crimes and Japanese Imperial Government Disclosure Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1998, Congress adopted the Nazi War Crimes Disclosure Act (Public Law 105-246) requiring the executive branch to identify any still-classified records in its custody relating to Nazi war crimes, war criminals, persecution, and looted assets and to declassify and release such records to the American public. Under that Act, the President established the Nazi War Criminal Records Interagency Working Group (in this section referred to as the ``Interagency Group'') to carry out the functions required by that Act. (2) In its first year, the Interagency Group screened more than 600,000,000 pages of material relating to Nazi war crimes and has declassified 1,500,000 pages of such material and opened them to the public at the National Archives. (3) While the Interagency Group has worked diligently to screen materials and declassify millions of pages of material, the limited staff and funding available to the Interagency Group threaten its ability to complete the functions required by the Nazi War Crimes Disclosure Act. (4) Already, significant new information about the Holocaust has been revealed in the more than 400,000 records of the Office of Strategic Services that were released by the Interagency Group at the National Archives on June 26, 2000. However, further such revelations depend on the availability of adequate staff support and funding for the Interagency Group. (5) The remarkable progress made by the Interagency Group has been achieved even though Congress has not appropriated funds for the support of the Interagency Group or for the activities carried out by the various Federal agencies which hold records subject to its functions. Without the resources to review the materials being released, it will be years before the significance of the contents of such materials will be understood. (6) The Nazi War Crimes Disclosure Act charged the Interagency Group with reviewing all records that pertain to World War II, under the direction of, or in association with the Nazi government of Germany, any government occupied by the military of the Nazi government, and any government that was an ally of the Nazi government, which includes the Japanese Imperial Government. (7) After the end of World War II, the United States returned more than 18,000,000 pages of captured Japanese records to the Japanese Government at its request. (8) In order to complete the Congressional directives of the Nazi War Crimes Disclosure Act, the Interagency Group should review the materials that were returned to Japan. Therefore, the full cooperation of the Japanese Government in granting access to the Interagency Group and assisting in the review of all World War II records is desired to insure that these historic records can be reviewed, released, or otherwise made available to the public in a timely and efficient manner. (9) The Interagency Group has been working diligently to fulfill its charge under the Nazi War Crimes Disclosure Act, but the original three-year authorization of the Interagency Group under that Act does not allow for the completion of the momentous tasks outlined in that Act, specifically the completion of the review of the records pertaining to the Japanese Government. SEC. 3. EXTENSION AND MODIFICATION OF AUTHORITY OF NAZI WAR CRIMINAL RECORDS INTERAGENCY WORKING GROUP TO COVER JAPANESE IMPERIAL GOVERNMENT RECORDS. (a) Amendment to Title.--Section 1 of the Nazi War Crimes Disclosure Act (Public Law 105-246; 112 Stat. 1859; 5 U.S.C. 552 note) is amended by striking ``Nazi War Crimes Disclosure Act'' and inserting ``Nazi War Crimes and Japanese Imperial Government Disclosure Act''. (b) Extension of Authority.--Section 2(b)(1) of such Act is amended by striking ``3 years'' and inserting ``5 years''. (c) Membership.--Section 2(b)(2) of such Act is amended by striking ``3 other persons'' and inserting ``4 other persons, who shall be members of the public and of whom 3 shall be persons appointed to the Interagency Group before the date of the enactment of the Nazi War Crimes and Japanese Imperial Government Disclosure Act''. (d) Functions Regarding Japanese Imperial Government Records.-- (1) In general.--Section 2(c)(1) of such Act is amended by inserting ``and all classified Japanese Imperial Government records of the United States'' after ``of the United States''. (2) Definition of japanese imperial government records.-- Section 3 of such Act is amended-- (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (B) by inserting after subsection (a) the following new subsection (b): ``(b) Japanese Imperial Government Records.--For purposes of this Act, the term `Japanese Imperial Government records' means classified records or portions of records that 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, gender, religion, national origin, or political opinion, during the period beginning September 18, 1931, and ending on September 2, 1945, under the direction of, or in association with-- ``(1) the Japanese Imperial Army; ``(2) the Japanese Imperial Government; ``(3) any government in any area occupied by the military forces of the Japanese Imperial Army; ``(4) any government established with the assistance or cooperation of the Japanese Imperial Army or Japanese Imperial Government; or ``(5) any government which was an ally of the Japanese Imperial Government.''. (3) Application of exemptions.--Paragraph (3)(A) of section 3(c) of such Act, as redesignated by paragraph (2)(A) of this section, is amended to read as follows: ``(A) In general.--In applying the exemptions provided in subparagraphs (B) through (J) of paragraph (2), there shall be a presumption that the public interest will be served by disclosure and release of the Nazi war criminal records or Japanese Imperial Government records, as the case may be. The exemption may be asserted only when the head of the agency that maintains the records 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 such determination to the committees of Congress with appropriate jurisdiction, including the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on Government Reform and Oversight and the Permanent Select Committee on Intelligence 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).''. (4) Conforming amendments.--Such Act is further amended as follows: (A) In section 2(a)-- (i) by striking ``and'' at the end of paragraph (3); (ii) by striking paragraph (4); and (iii) by adding after paragraph (3) the following new paragraphs: ``(4) `Japanese Imperial Government records' has the meaning given such term under section 3(b) of this Act; and ``(5) `record' means a Nazi war criminal record or a Japanese Imperial Government record.''. (B) In section 3(c)(1), as redesignated by paragraph (2)(A) of this subsection, by inserting ``and Japanese Imperial Government records'' after ``Nazi war criminal records''. (C) In section 4(d), as so redesignated, by inserting ``or Japanese Imperial Government record'' after ``Nazi war criminal record''. (D) In section 4, by inserting ``or Japanese Imperial Government record'' after ``Nazi war criminal record'' each place it appears. (e) Authorization of Appropriations.--Section 2(d) of such Act is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated for the Interagency Group to carry out this section, $5,000,000 for each of fiscal years 2001, 2002 and 2003.''. (f) Records Included.--Section 3(a)(2)(A) of such Act is amended by striking ``beginning on March 23, 1933, and ending on May 8, 1945'' and inserting ``beginning on January 1, 1931, and ending on September 2, 1945''. (g) Modification of Name of Interagency Group.--Such Act is amended by striking ``Nazi War Criminal Records Interagency Working Group'' each place it appears and inserting ``Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group''. (h) Clerical Amendments.--(1) The section heading of section 2 of such Act is amended to read as follows: ``SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMES AND JAPANESE IMPERIAL GOVERNMENT RECORDS INTERAGENCY WORKING GROUP.''. (2) The section heading of section 3 of such Act is amended to read as follows: ``SEC. 3. REQUIREMENT OF DISCLOSURE OF NAZI WAR CRIMINAL RECORDS AND JAPANESE IMPERIAL GOVERNMENT RECORDS.''. (3) The section heading of section 4 of such Act is amended to read as follows: ``SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR CRIMINAL RECORDS AND JAPANESE IMPERIAL GOVERNMENT RECORDS.''. SEC. 4. REPORT ON ACTIVITIES OF NAZI WAR CRIMES AND JAPANESE IMPERIAL GOVERNMENT INTERAGENCY WORKING GROUP. (a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Nazi War Crimes and Japanese Imperial Government Interagency Working Group shall submit to Congress, including the committees of Congress specified in subsection (b), a report on the activities of the Interagency Group under the Nazi War Crimes and Japanese Imperial Government Disclosure Act, as amended by section 3 of this Act, during the one-year period ending on the date of the report. The report shall describe the activities of the Interagency Group and applicable Federal agencies under section 2(c) of that Act, as so amended, and include a description of the records processed by the Interagency Group under that Act (including the disposition of such records). (b) Committees of Congress.--The committees of Congress specified in this subsection are as follows: (1) The Committee on the Judiciary and the Select Committee on Intelligence of the Senate. (2) The Committee on the Judiciary, the Committee on Government Reform and Oversight, and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 5. SENSE OF CONGRESS REGARDING COOPERATION OF FOREIGN NATIONS. It is the sense of Congress that foreign nations, and in particular Japan, should make every effort possible to make its records available to and cooperate with the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group established by section 2 of the Nazi War Crimes and Japanese Imperial Government Disclosure Act, as amended by section 3 of this Act, in carrying out the duties of the Interagency Group under such Act, as so amended. <all>