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…
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
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.