PUBLIC LAW 104–309—OCT. 19, 1996 110 STAT. 3815

Public Law 104–309

104th Congress

An Act

To express the sense of the Congress that United States Government agencies

in possession of records about individuals who are alleged to have committed

Nazi war crimes should make these records public.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. FINDINGS.

The Congress finds that—

(1) during the 104th Congress, Americans commemorated

the 50th anniversary of the conclusion of the Second World

War and the end of the Holocaust, one of the worst tragedies

in history;

(2) it is important to learn all that we can about this

terrible era so that we can prevent such a catastrophe from

ever happening again;

(3) the cold war is over;

(4) numerous nations, including those of the former Soviet

Union, are making public their files on Nazi war criminals

as well as crimes committed by agencies of their own governments;

(5) on April 17, 1995, President Clinton signed Executive

Order 12958, which will make available certain previously

classified national security documents that are at least 25

years old;

(6) that Executive Order stated: ‘‘Our democratic principles

require that the American people be informed of the activities

of their Government.’’;

(7) this year marks the 30th anniversary of the passage

of the Freedom of Information Act;

(8) agencies of the United States Government possess

information on individuals who ordered, incited, assisted, or

otherwise participated in Nazi war crimes;

(9) some agencies have routinely denied Freedom of

Information Act requests for information about individuals who

committed Nazi war crimes;

(10) United States Government agencies may have been

in possession of material about the war crimes facilitated by

Kurt Waldheim but did not make this information public;

(11) it is legitimate not to disclose certain material in

Government files if the disclosure would seriously and demonstrably harm current or future national defense, intelligence,

or foreign relations activities of the United States and if

protection of these matters from disclosure outweighs the public

interest of disclosure;

Kurt Waldheim.

William J.

Clinton.

Oct. 19, 1996

[H.R. 1281]
110 STAT. 3816 PUBLIC LAW 104–309—OCT. 19, 1996

LEGISLATIVE HISTORY—H.R. 1281:

HOUSE REPORTS: No. 104–819, Pt. 1 (Comm. on Government Reform and Oversight).

CONGRESSIONAL RECORD, Vol. 142 (1996):

Sept. 24, considered and passed House.

Oct. 3, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Oct. 22, Presidential statement.

Æ

(12) the disclosure of most Nazi war crimes information

should not harm United States national interests; and

(13) the Office of Special Investigations of the Department

of Justice is engaged in vital work investigating and expelling

Nazi war criminals from the United States, accordingly, the

records created by these investigations and other actions should

not be disclosed, and the investigations and other actions should

not be interfered with.

SEC. 2. SENSE OF THE CONGRESS.

It is the sense of the Congress that United States Government

agencies in possession of records about individuals who are alleged

to have committed Nazi war crimes should make these records

public.

Approved October 19, 1996.