Congressional Record: August 6, 1998 (House)
Page H7295-H7297
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
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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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