[Congressional Record Volume 151, Number 30 (Monday, March 14, 2005)]
[House]
[Pages H1401-H1403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




TWO-YEAR EXTENSION OF NAZI WAR CRIMES AND JAPANESE IMPERIAL GOVERNMENT 
                   RECORDS INTERAGENCY WORKING GROUP

  Mr. SHAYS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 384) to extend the existence of the Nazi War Crimes and 
Japanese Imperial Government Records Interagency Working Group for 2 
years.
  The Clerk read as follows:

                                 S. 384

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TWO-YEAR EXTENSION OF WORKING GROUP.

       Section 802(b)(1) of the Japanese Imperial Government 
     Disclosure Act of 2000 (Public Law 106-567; 114 Stat. 2865) 
     is amended by striking ``4 years'' and inserting ``6 years''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Connecticut (Mr. Shays) and the gentlewoman from New York (Mrs. 
Maloney) each will control 20 minutes.
  The Chair recognizes the gentleman from Connecticut (Mr. Shays).


                             General Leave

  Mr. SHAYS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on S. 384, the Senate bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Connecticut?
  There was no objection.
  Mr. SHAYS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as a member of the Committee on Government Reform, I am 
pleased to call for the consideration of S. 384, a bill that extends 
the existence of the Nazi War Crimes and Japanese Imperial Government 
Records Interagency Working Group. I commend the esteemed Senator from 
Ohio, Mike DeWine, and my distinguished colleague in this body, the 
gentlewoman from New York (Mrs. Maloney), for working on this bill. I 
am proud to be a cosponsor of it.
  Senate 384 extends by 2 years this worthy working group that was 
originally created by Congress through Public Law 105-246 in 1998. The 
group is made up of government agency representatives who are directed 
to oversee the declassification of U.S. Government records that contain 
information about Nazi war crimes.
  Such information includes trafficking of assets seized by the Nazis 
and post-war communications between U.S. Government and former Nazi 
officials, unless declassification would unduly violate personal 
privacy or harm national security or foreign policy interests. The law 
also allowed for expedited processing of Freedom of Information, FOIA, 
requests made by survivors of the Holocaust.
  On December 6, 2000, as part of the Intelligence Authorization Act 
for 2001, Congress changed the group's name to the Nazi War Crimes and 
Japanese Imperial Government Records Interagency Working Group. This 
action expanded the mission of the group to include the 
declassification of U.S. Government records related to World War II era 
war crimes committed by the Japanese Imperial government.
  The project has produced some valuable accomplishments. It has 
allowed the release of over 8 million previously classified documents 
and generated a great deal of historical research.
  However, the CIA has resisted disclosing certain files, preventing 
the completion of the work within the 3-year time frame anticipated by 
the original law. Recently, however, the CIA has agreed to modify its 
position on a number of key issues and work with the National Archives 
and other groups to declassify remaining relevant information. 
Accordingly, S. 384 would extend the law for another 2 years, to give 
all parties sufficient time to complete the project.
  Madam Speaker, all in all, the Nazi War Crimes and Japanese Imperial 
Government Records Interagency Working Group is a valuable effort that 
informs the American people of the actions of their government while 
balancing the protection of legitimate national secrets.
  Again, I thank the gentlewoman from New York and the Senator from 
Ohio for seeing this legislation through both Chambers of Congress. I 
urge strong support for this measure.
  Madam Speaker, I reserve the balance of my time.

                              {time}  1630

  Mrs. MALONEY. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I thank the gentleman from Connecticut (Mr. Shays) for 
his leadership on this issue and so many others. I rise in strong 
support of S. 384 that would extend the Nazi War Crimes and Japanese 
Imperial Government Records Interagency Working Group for 2 years.
  The 1989 law opened up the government files of Nazi and Japanese war 
activities. Many, many agencies cooperated and declassified an enormous 
amount of documents, including the CIA, FBI, NSA, DOD, the Army, and 
many others. The law resulted in the largest specifically focused 
declassification effort in American history. It provided important 
information for historians to better understand World War II and the 
Cold War. Already, over 100 million documents have been screened and 
over 8 million have been declassified.
  The extension will allow time for the remaining documents to be 
released and studied. The remaining documents are mainly in the CIA. We 
thank them for their agreed cooperation as we go forward.
  Madam Speaker, I want to make clear that the original 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. If such records are uncovered during the 
search of files, the bill requires and necessitates that they become 
public along with the rest of the documents. The intent of the original 
legislation was to bring to the light information which may be in the 
files and archives of the U.S. Government. This may well include 
information from the postwar period showing a relationship between 
those agencies and Nazi war criminals.
  It was not the intent that the exemptions included in the underlying 
bill be used to shield this type of information from disclosure. We 
included the exemptions that currently exist in executive order. They 
should not be revoked simply to protect any agency from embarrassment.
  It is important that this move forward, and it is important that we 
pass this extension today as the terms of the Interagency Working Group 
were set to expire at the end of March 2005. So we are at a critical 
juncture which this bill addresses.
  Madam Speaker, I first introduced the Nazi War Crimes Disclosure Act 
in

[[Page H1402]]

1994. It was in response to an article that I read in the New York 
Times written by Mr. Abe Rosenthal. In the article he described the 
work of a professor from the University of South Carolina who was 
trying to obtain information on Kurt Waldheim, a former director of the 
United Nations. Yet our government would not allow him to have access 
to any information.
  The KGB had opened up their files; many governments had opened up 
their files. It was many years after the war, and I could see no reason 
why this information should be kept from the public.
  I introduced the bill, along with former Congressman Steve Horn. At 
first there was great opposition to the bill from the intelligence 
community. In 1996, we passed a sense of Congress in support of the 
bill because nothing passes without the support of the intelligence 
community. The bill drew the attention of former Congressman Porter 
Goss, Senator DeWine, and then-Senator Moynihan who worked with me and 
others to finally pass the bill 7 years ago in 1998. It was signed into 
law by President Clinton in an Oval Office ceremony that year.
  In December of 2000, we extended the law for an additional 2 years 
and expanded it to cover the Japanese crime documents. Then in January 
of 2004, we extended the term of the Interagency Working Group another 
year so it would be able to fulfill its charter and produce a 
comprehensive, historically accurate report on the United States' 
knowledge of Nazi and Japanese war criminals and their activities.
  Now because of the bill, the legislation, millions of pages of U.S. 
intelligence documents are organized and available to the public 
through the National Archives. As a result of this law, we are 
beginning to understand the relationship of the U.S. Government to Nazi 
war criminals in the aftermath of World War II and during the Cold War.
  While it is a difficult subject to address, finding out about the 
terrible and ugly aspects of the wartime era will help to shed light 
and bring us closer to the truth. ``U.S. Intelligence and the Nazis'' 
is one book that has already resulted from the documents. I know there 
will be many more in the future. In this book, they talk about the role 
of intelligence agencies, especially the U.S. of war criminals by U.S. 
intelligence organizations after the war.
  We now understand because of these documents that German spymaster 
General Reinhard Gehlen, who served as Hitler's most senior military 
intelligence officer on the Eastern Front, was an officer who became a 
key U.S. intelligence resource after the war. During the postwar 
period, he ran an extensive network of spies, some with Nazi 
collaborationist backgrounds, that made them vulnerable to the Soviet 
Union during the height of the Cold War.
  As we can see, the documents provided thus far to the IWG have 
revealed that there was a closer relationship between the U.S. 
Government and Nazi war criminals than previously known. It is an 
important fact that is crucial to the understanding of history. This 
significant knowledge would not have been possible without the 
cooperation of so many in this body, and so many agencies. But 
particularly I cite the dedicated work of the Interagency Working 
Group, former Congresswoman Elizabeth Holtzman, Tom Baer and Richard 
Ben-Veniste. They served with great dedication, without compensation 
and are continuing to serve and have been appointed by two Presidents.
  Many people worked to bring this bill to the floor, and I want to 
especially express my gratitude to the gentleman from Virginia 
(Chairman Tom Davis), who went beyond the call of duty to ensure there 
was a markup so we could get this to the floor to extend it before the 
time expired. I appreciate the work of his staff, Mason Aligner and Rob 
Borden; and I also want to thank the ranking member, the gentleman from 
California (Mr. Waxman), and his staff, Michelle Ash and David 
McMillan, who are always helpful and supportive, and this time was no 
exception.
  I also express my appreciation to the gentleman from Texas (Mr. 
DeLay), the majority leader, and his staff, Brad Loper. They were 
extremely helpful in making sure we are debating this bill on the floor 
today and that the Interagency Task Force will be able to continue its 
work.
  I would also like to thank the gentleman from Wisconsin (Mr. 
Sensenbrenner) and Robert Tracci on his staff who have been extremely 
accommodating so we could move this forward. But I would especially 
like to thank my colleague in the other body, Senator DeWine, and his 
staff, Peter Levitas, and his former staff member, Louis DePartt, for 
their tireless and selfless work and for the energy they put forth to 
ensure that we know as much as we can about our government's past 
involvement with Nazi war criminals.
  I would also like to recognize Ben Chevat and Orly Isaacson of my own 
staff who have shown tremendous persistence and dedication.
  I also thank former Senator Moynihan. Today, I was supposed to be in 
Syracuse for a dedication to a research facility that bears his name to 
continue his work. He worked with me on this bill. Part of his devotion 
was protecting privacy and combating unnecessary confidentiality of 
government papers. I really feel being here today helps extend and 
empower the work that he so brilliantly did in this body.
  Our work today is extremely important; but it is far surpassed by the 
persistence that Holocaust survivors, historians, and researchers have 
shown for their search for the truth. I thank everyone who has worked 
to make this happen today.
  Madam Speaker, I yield back the balance of my time.
  Mr. SHAYS. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, again I thank the gentlewoman from New York (Mrs. 
Maloney) for her extensive work on this legislation over a long period 
of time. I reinforce the gentlewoman's thank you and say that the 
gentleman from Virginia (Chairman Tom Davis) wants to be on the record 
thanking the gentleman from Wisconsin (Chairman Sensenbrenner) and the 
gentleman from Michigan (Chairman Hoekstra) for waiving jurisdiction on 
S. 384 so we could take it up more quickly, and that was obviously very 
important.
  I just want to say that I know the gentlewoman is going to ask for a 
roll call vote, and I join in that effort because I think Members want 
an opportunity to vote on this bill. I urge all Members to support the 
passage of S. 384.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I include the following 
exchange of letters between Chairman F. James Sensenbrenner, Jr., of 
the Committee on the Judiciary, Chairman Peter Hoekstra of the 
Permanent Select Committee on Intelligence and myself.

                                       Committee on the Judiciary,


                                     House of Representatives,

                                   Washington, DC, March 14, 2005.
     Hon. Tom Davis
     Chairman, Committee on Government Reform,
     House of Representatives, Washington, DC.
       Dear Chairman Davis: In recognition of the desire to 
     expedite floor consideration of S. 384, ``To extend the 
     existence of the Nazi War Crimes and Japanese Imperial 
     Government Records Interagency Working Group for two years,'' 
     the Committee on the Judiciary hereby waives consideration of 
     provisions of the legislation within the Committee's Rule X 
     subject matter jurisdiction. Specifically, S. 384 extends the 
     operation of the Nazi War Criminal Interagency Working Group 
     established by Public Law 105-267. Section 3(b) of Public Law 
     105-267 created certain exceptions for the disclosure of 
     records obtained by the Working Group. Section 3(b)(2)(A) 
     excepts the disclosure of information that would ``constitute 
     a clearly unwarranted invasion of personal privacy.'' This 
     matter falls within the Committee on the Judiciary's subject 
     matter jurisdiction under rule X(l)(l)(5)(``Civil 
     liberties''). Section 3(b)(2)(C) also excepts the disclosure 
     of information that would ``reveal information that would 
     assist in the development or use of weapons of mass 
     destruction.'' This matter falls within the Committee on the 
     Judiciary's subject matter jurisdiction under rule 
     X(l)(l)(19)(``Subversive activities affecting the internal 
     security of the United States''). In addition, section (3)(c) 
     creates an exception to the National Security Act of 1947. 
     This section implicates the Committee on the Judiciary's 
     jurisdiction under rule X(1)(1)(19)(``Subversive activities 
     affecting the internal security of the United States'') 
     Finally, Section 3(3) pertains to the disclosure of records 
     ``related to or supporting any active or inactive 
     investigation, inquiry, or prosecution of the Office of 
     Special Investigations of the Department of Justice.'' This 
     matter falls with the Committee on the Judiciary's subject 
     matter jurisdiction under rule X(l)(l) (``The judiciary and 
     judicial proceedings, civil and criminal.'')
       S. 384 also extends the operation of the ``Japanese 
     Imperial Government Disclosure Act'' (Public Law 106-567), 
     which expanded the scope of the Working Group to encompass 
     the examination of crimes committed

[[Page H1403]]

     by the Japanese government during World War II. Section 
     803(b)(1) of this legislation excepts the disclosure of 
     information that would ``constitute a clearly unwarranted 
     invasion of personal privacy.'' This matter falls within the 
     Committee on the Judiciary's subject matter jurisdiction 
     under rule X(l)(l)(5)(``Civil liberties''). Section 803(b)(3) 
     also excepts the disclosure of information that would 
     ``reveal information that would assist in the development or 
     use of weapons of mass destruction.'' This matter falls 
     within the Committee on the Judiciary's subject matter 
     jurisdiction under rule X(l)(l)(10)(``Subversive activities 
     affecting the internal security of the United States''). 
     Finally, Section 803(d) pertains to the disclosure of records 
     ``related to or supporting any active or inactive 
     investigation, inquiry, or prosecution of the Office of 
     Special Investigations of the Department of Justice.'' This 
     matter falls with the Committee on the Judiciary's subject 
     matter jurisdiction under rule X(l)(l) (``The judiciary and 
     judicial proceedings, civil and criminal'').
       The Committee on the Judiciary takes this action with the 
     understanding that the Committee's jurisdiction over these 
     provisions is in no way altered or diminished. I would 
     appreciate the inclusion of this letter and your response to 
     it in the Congressional Record during consideration of S. 384 
     on the House floor. Thank you for your consideration in this 
     matter.
           Sincerely,
                                      F. James Sensenbrenner, Jr.,
     Chairman.
                                  ____



                                 Congress of the United States

                                   Washington, DC, March 14, 2005.
     Hon. F. James Sensenbrenner, Jr.
     Chairman, Committee on the Judiciary, Rayburn House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your recent letter 
     regarding the Judiciary Committee's jurisdictional interest 
     in S. 384, a bill to extend the Nazi War Crimes and Japanese 
     Imperial Government Records Interagency Working Group.
       I agree that the Committee on the Judiciary does not waive 
     its jurisdiction over S. 384 or similar bills by waiving 
     further consideration of this bill. I will include a copy of 
     your letter and this response in the Congressional Record 
     during consideration of the legislation on the House floor. 
     Thank you for your cooperation as we work towards the 
     enactment of S. 384.
           Sincerely,
                                                        Tom Davis,
     Chairman.
                                  ____



                                     House of Representatives,

                                                   March 11, 2005.
     Hon. Tom Davis,
     Chairman, Committee on Government Reform, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing to confirm our mutual 
     understanding with respect to the consideration of S. 384, a 
     bill to extend the Nazi War Crimes and Japanese Imperial 
     Government Records Interagency Working Group. The House 
     Permanent Select Committee on Intelligence has a 
     jurisdictional interest in S. 384.
       In the interests of moving this important legislation 
     forward, I do not intend to ask for sequential referral of 
     this bill. However, I do so only with the understanding that 
     this procedural route should not be construed to prejudice 
     the House Permanent Select Committee on Intelligence's 
     jurisdictional interest over this bill or any similar bill 
     and will not be considered as precedent for consideration of 
     matters of jurisdictional interest to the Committee in the 
     future.
       Finally, I would ask that you include a copy of our 
     exchange of letters on this matter in the Congressional 
     Record during the House debate on S. 384. Thank you for your 
     consideration.
           Sincerely,
                                                   Peter Hoekstra,
     Chairman.
                                  ____



                                Congress of the United States,

                                   Washington, DC, March 14, 2005.
     Hon. Peter Hoekstra,
     Chairman, House Permanent Select Committee on Intelligence, 
         Capitol Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your recent letter 
     regarding the House Permanent Select Committee on 
     Intelligence's jurisdictional interest in S. 384, a bill to 
     extend the Nazi War Crimes and Japanese Imperial Government 
     Records Interagency Working Group.
       I agree that the House Permanent Select Committee on 
     Intelligence does not waive its jurisdiction over S. 384 or 
     similar bills by waiving further consideration of this bill. 
     I will include a copy of your letter and this response in the 
     Congressional Record during consideration of the legislation 
     on the House floor. Thank you for your cooperation as we work 
     towards the enactment of S. 384.
           Sincerely,
                                                        Tom Davis,
                                                         Chairman.

  Mr. SHAYS. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from Connecticut (Mr. Shays) that the House 
suspend the rules and pass the Senate bill, S. 384.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mrs. MALONEY. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________