War Crimes Disclosure Act
PL 104-309 (H.R.1281), enacted 10/19/1996

PUBLIC LAW 104-309—OCT. 19, 1996 
110 STAT. 3815 
Public Law 104-309 
104th Congress 
An Act 
Oct. 19, 1996 
[H.R. 1281] 
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 fi*om 
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 govern-
ments; 
(5) on April 17, 1995, President Clinton signed Executive William J. 
Order 12958, which will make available certain previously Clinton, 
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 Kurt Waldheim. 
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 demon-
strably harm current or future national defense, intelligence, 
or foreign relations activities of the United States and if 
protection of these matters fi-om disclosure outweighs the public 
interest of disclosure; 
110 STAT. 3816 
PUBLIC LAW 104-309—OCT. 19, 1996 
(12) the disclosure of most Nsizi war crimes information 
should not hsirm 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 w£ir crimingQs 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. 
LEGISLATIVE HISTORY—H.R. 1281: 
HOUSE REPORTS: No. 104-819, Pt. 1 (Comm. on Government Reform and Over-
sight). 
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.