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Hearing Hearing Date: January 7, 2016 10:00 am 2154 Rayburn House Office Building

Document Production Status Update

Document Production Status Update
January 7, 2016
10:00 am
2154 Rayburn House Office Building
Full Committee on Oversight and Accountability


• To examine how and why certain agencies withhold, or otherwise fail to produce, documents and information that will assist the Committee’s oversight and investigative initiatives.


• Congress’ right of access to executive branch information is constitutionally based and is critical to the concept of co-equal branches of government.
• Since the first congressional request for information from the executive branch in 1792, House committees have used documents requests to gather information about how statutes are applied and funds are spent, among other things.
• Consistent with the constitutional and statutory obligations of the executive branch, the agencies are expected to cooperate and work in good faith to identify and produce the records that are responsive to the Committee’s requests


  • OPM either refuses to turn over 11,000 files and directories from the CyFir appliance or has destroyed the information. A portion of those documents were received by the Committee from private sector firm CyTech.
  • The truthfulness of OPM’s CIO’s testimony before Congress, which stated that the exfiltrated files were all “commercially available, outdated information,” was called into question. Of the statement, Chairman Chaffetz said, “It was a lie. She misled Congress.”
  • DOJ refuses to provide case files related to their Lois Lerner investigation to Congress. Instead of providing documents, a DOJ official responded “we are actively preparing for the briefing (to Congress) next week.”
  • OMB refuses to commit to a certain date on when it will provide the Committee with all documents pertaining to the WOTUS rulemaking process.
  • DOJ will not trust Congress with documents known as the Jones memos. Yet, this memo was disseminated far and wide to federal prosecutors and others across the country.
  • Agencies wrongly focus on number of pages provided to Congress instead of the percentage toward 100 percent fulfillment of requested materials.


Committee Document Requests
(*Note – this is not a complete list of all documents requested by the Committee in 2015. These requests are related to today’s hearing.)
Document Requests:
July 21, 2015 – Jakarta New Embassy Compound (NEC)
August 6, 2015 – NEC in Maputo, Harare, and Riyadh; new consulate in Jeddah and Dhahran, Saudi Arabia
Oct. 7, 2015 – Art in Embassies program
October 16, 2015 – Danger pay
November 9, 2015 – State’s use of cell-site simulation technology
November 20, 2015 – Embassy costs reported to Congress

Document Requests:
February 18, 2015 – Various issues related to United States Secret Service
July 9, 2015 – Subpoena for outstanding document requests
March 16, 2015 – Airport credentialing
May 27, 2015 – Follow-up letter, TSA failing to respond to Committee’s request
June 4, 2015 – Airport vulnerabilities, OIG report on TSA screening failures
July 2, 2015 – Sole-source contracts and all internal covert test reports
August 14, 2015 – Follow-up to July 2 letter
November 23, 2015 – Airport access control vulnerabilities

Document Requests:
July 21, 2015 – Identity theft services
July 24, 2015 – HSPD12, CyTech, IG audits on IT infrastructure contract
Aug. 18, 2015 – Lost operating manuals
August 21, 2015 – Preservation order
Sept. 9, 2015 – CyTech deleted drive

Document Requests:
July 29, 2015 – Requested Jones memos
October 26, 2015 – Bipartisan, bicameral letter asking again for the Jones memos

Document Requests:
March 3, 2015 – Members requested documents relating to OIRA review of WOTUS
May 12, 2015 – Letter reiterating March 3rd request
July 14, 2015 – Subpoena issued
Oct. 28, 2015 – Asked OMB for compliance with subpoena and requesting transcribed interviews


Witnesses and testimonies: The Honorable Julia Frifield

Assistant Secretary, Bureau of Legislative Affairs
U.S. Department of State


Mr. Jason Levine

Director, Office of Congressional, Legislative, and Intergovernmental Affairs
U.S. Office of Personnel Management


The Honorable Peter J. Kadzik

Assistant Attorney General for Legislative Affairs
U.S. Department of Justice


Ms. Tamara Fucile

Associate Director for Legislative Affairs
Office of Management and Budget


The Honorable Tia Johnson

Assistant Secretary, Office of Legislative Affairs
U.S. Department of Homeland Security

Related Documents
Name Document
Transcript Document