[Congressional Record Volume 144, Number 110 (Thursday, August 6, 1998)]
[House]
[Pages H7295-H7297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NAZI WAR CRIMES DISCLOSURE ACT

  Mr. HORN. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 1379) 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, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the question of the 
gentleman from California?
  Mrs. MALONEY of New York. Mr. Speaker, reserving the right to object, 
and I do not plan to object, I yield to the gentleman from California 
(Mr. Horn) for a brief explanation of this legislation.
  Mr. HORN. Mr. Speaker, I thank the gentlewoman from New York (Mrs. 
Maloney) for yielding. The gentlewoman from New York (Mrs. Maloney) is 
author of the House version of this important legislation.
  Over a half a century after the Nazi era, the United States 
Government continues to keep secret much of the information it has on 
Nazi war criminals. It is imperative that this information receive full 
scrutiny by the public. Only through an informed understanding of the 
Nazi era and its

[[Page H7296]]

aftermath can we guard against a repeat of one of the darkest moments 
in history.
  S. 1379, the Senate counterpart to the Maloney legislation, the Nazi 
War Crimes Disclosure Act, provides for the disclosure of Nazi war 
criminal records in the possession of the United States Government. It 
calls for the establishment of an interagency working group to 
administer and facilitate the disclosure of Nazi war crimes records. 
The bill also provides for expedited processing of Freedom of 
Information Act requests of Holocaust survivors.
  S. 1379 was introduced by Senator Mike DeWine of Ohio. It passed the 
Senate by unanimous consent on June 19, 1998. An identical bill by the 
gentlewoman from New York (Mrs. Maloney), H.R. 4007, was introduced in 
the House by her.
  The Government Reform and Oversight Subcommittee on Government 
Management, Information, and Technology held a hearing on July 14, 
1998, and made the decision to accept the DeWine counterpart, which is 
an identical bill to hers.
  Much of the government information on alleged Nazi war criminals has 
remained secret even though many researchers have filed Freedom of 
Information Act requests to secure copies of the records. Federal 
agencies have routinely denied these requests citing exemptions for 
national defense, foreign relations, and intelligence.
  More than a half century after the Second World War, it is time to 
end the sweeping equity exemptions that have shielded Nazi war crimes 
and criminals from full public disclosure.
  Mrs. MALONEY of New York. Mr. Speaker, further reserving the right to 
object, I would like to make my own very brief remarks.
  Our work here is important but it is far surpassed by the persistence 
that Holocaust survivors, historians, and researchers have shown in 
their search for the truth.
  S. 1379, the Nazi War Crimes Disclosure Act, which passed the Senate, 
introduced by Senator DeWine, and its House companion, H.R. 4007, which 
I introduced, will help to reveal some of those truths. The bill sets 
up a process for the declassification of documents held by Federal 
agencies. It establishes an interagency working group to locate and 
sort out all classified Nazi war crime records.
  The bill also wisely allows for the withholding of information which 
would pose a threat to personal privacy or national security interests.
  Mr. Speaker, I submit the following statement for the record for 
myself and Chairman Horn. In the absence of a report on this bill, 
there are a number of provisions which we would like to clarify, to 
make our intent crystal clear. Under this legislation, the President is 
required to appoint the Director of the Holocaust Museum, the Historian 
of the Department of State, and the Archivist of the United States to 
the Interagency Group created by the bill. He is also to appoint those 
agency heads he considers appropriate and maximum of three other 
persons from within or outside of Government.
  The Interagency Group is to report to Congress after one year 
describing all classified Nazi war criminal records of the United 
States, the disposition of such records, and the activities of the 
Interagency Group and affected agencies. The Interagency Group is 
created for three years and will cease to exist at the end of that 
time, without reauthorization. This three year sunsetting provision 
should not be viewed by any agency as a reason for delay. It is our 
intention that affected agencies should declassify all documents 
recommended by the Interagency Group as quickly as possible. It is our 
expectation that all such documents shall become public as soon as 
possible, preferably within the first year, and most certainly by the 
end of the three-year period during which the interagency group is in 
existence.
  Senator DeWine, the author of this legislation in the other body, has 
indicated his interest in holding early oversight hearings on the 
implementation of this legislation. The Government Reform and Oversight 
Committee may hold such hearings as well, and certainly will if there 
is any indication of stalling on the part of any executive agency. The 
bill requires not only a report from the Interagency Group, but also 
notification and explanation by agencies when they apply the exemptions 
to declassification included in the bill. These provisions were 
included in this bill in part to ensure that agencies comply with the 
spirit of the legislation.
  Mr. Speaker, while this legislation required the disclosure of Nazi 
war criminal records specifically related to individuals, it should in 
no way be interpreted as inhibiting the release of other, more general, 
records, such as policy directives or memoranda. Indeed, we hope that 
if such records are uncovered during the search of files this bill 
necessitates, that they become public along with the rest of the 
documents.
  Further Mr. Speaker, the intent of this legislation is to bring to 
light information which may be in the files and archives of the United 
States Government. This may well include information from the post-war 
period showing a relationship between those agencies and Nazi war 
criminals. It is not our intent that the exemptions included in the 
bill be used to shield this type of information from disclosure. We 
have included the exemptions that currently exist in Executive order. 
They should not be revoked simply to protect any agency from 
embarrassment.
  Finally Mr. Speaker, the Appropriations Committee in the other body 
has included language to increase the budget of the Office of Special 
Investigations at the Department of Justice by 2 million dollars to 
help implement this legislation. We urge the House Appropriators to 
agree to that language in the Conference on the Appropriations bill for 
Commerce, State, Justice and the Judiciary.
  Thank you Mr. Speaker, and many thanks to all those who have been 
involved in developing this legislation, particularly Senator DeWine.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 1379

       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 Disclosure 
     Act''.

     SEC. 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 Interagency Working Group established under 
     subsection (b);
       (3) ``Nazi war criminal records'' has the meaning given 
     such term under section 3 of 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 is established.
       (2) Membership.--The President shall appoint to the 
     Interagency Group individuals whom the President determines 
     will most completely and effectively carry out the 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 of State, the 
     Archivist of the United States, the head of any other agency 
     the President considers appropriate, and no more than 3 other 
     persons. The head of an agency appointed by the President may 
     designate an appropriate officer to serve on the Interagency 
     Group in lieu of the head of such agency.
       (3) Initial meeting.--Not later than 90 days after the date 
     of enactment of this Act, the Interagency Group shall hold an 
     initial meeting and begin the functions required under this 
     section.
       (c) Functions.--Not later than 1 year after the date of 
     enactment of this Act, the Interagency Group shall, to the 
     greatest extent possible consistent with section 3 of this 
     Act--
       (1) 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;
       (2) coordinate with agencies and take such actions as 
     necessary to expedite the release of such records to the 
     public; and
       (3) submit a report to Congress, including the Committee on 
     the Judiciary of the Senate and the Committee on Government 
     Reform and Oversight of the House of Representatives, 
     describing all such records, the disposition of such records, 
     and the activities of the Interagency Group and agencies 
     under this section.
       (d) Funding.--There are authorized to be appropriated such 
     sums as may be necessary to carry out the provisions of this 
     Act.

     SEC. 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 criminal records'' means classified 
     records or portions of records that--
       (1) pertain to any person with respect to whom the United 
     States Government, in its

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     sole discretion, has grounds to believe ordered, incited, 
     assisted, or otherwise participated in the persecution of any 
     person because of race, religion, national origin, or 
     political 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 the Nazi government of Germany;
       (C) any government established with the assistance or 
     cooperation of the Nazi government of Germany; or
       (D) any government which was an ally of the Nazi government 
     of Germany; or
       (2) pertain to any transaction as to which the United 
     States Government, in its sole discretion, has grounds to 
     believe--
       (A) involved assets taken from persecuted persons during 
     the period beginning on March 23, 1933, and ending on May 8, 
     1945, by, under the direction of, on behalf of, or under 
     authority granted by the Nazi government of Germany or any 
     nation then allied with that government; and
       (B) such transaction was completed without the assent of 
     the owners of those 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 Criminal Records Interagency Working Group shall 
     release in their entirety Nazi war criminal records that are 
     described in subsection (a).
       (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 5.--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.
       (4) Limitation on application.--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 of Justice; 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 the National Security Act of 
     1947 (50 U.S.C. 431) shall not apply to any operational file, 
     or any portion of any operational file, that constitutes a 
     Nazi war criminal record under section 3 of this Act.

     SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR 
                   CRIMINAL RECORDS.

       (a) Expedited Processing.--For purposes of expedited 
     processing under section 552(a)(6)(E) of title 5, United 
     States Code, any requester of a Nazi war criminal record 
     shall be deemed to have a compelling need for such record.
       (b) Requester.--For purposes of this section, the term 
     ``requester'' means any person who was persecuted in the 
     manner described under section 3(a)(1) of this Act who 
     requests a Nazi war criminal record.

     SEC. 5. EFFECTIVE DATE.

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

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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