JEB HENSARUNG, TX, CHAIRMAN 11mm ?was ??llgf MAXINE WATERS, CA, RANKING MEMBER

on j-?mann?al Serums
:nq Rauburn mus: Building
washingtun. PO. 20515

April 3. 2017

The Honorable Steven Mnuchin
Secretary

US. Department of the Treasury
1500 Avenue NW
Washington. DC. 20220

Dear Secretary Mnuchin:
Re: Committee Intent to Control Congressional Records
I write on behalf of the Committee on Financial Services of the US. House of

Representatives ("Committee?) to inform you and the Department of the Treasury
(?Agency?) of the Committee?s practices and procedures during the 115th Congressaware, the Committee has legislative and oversight
jurisdiction over the Agency, pursuant to US. House of Representatives Rule
Accordingly, the Committee's Members and staff may communicate with
you and your Agency in connection with various legislative, oversight, and
investigative matters. Because of the often sensitive and con?dential nature of
such communications. and in order to ensure the unfettered ?ow of information
necessary to assist the Committee in performing its important legislative and
oversight functions, the Committee intends to retain control of all such
communications, and will be entrusting them to your agency only for use in
handling those matters. Likewise, any documents created or compiled by your
agency in connection with any responses to such Committee communications,
including but not limited to any replies to the Committee, are also records of the
Committee and remain subject to the Committee?s control.

   
  
 
  
  
   
 
 
 
  

All such documents and communications constitute congressional records, not
?agency records,? for purposes of the Freedom of Information Act, and remain
subject to congressional control even when in the physical possession of the Agency.
AS SfuCh? they Should be segregated from agency records, and access to them should
hmitefi ?0 Agency perSOnnel who need such access for purposes of providing
information or assistance to the Committee. Additionally, such congressional

records are subject to the absolute protections of the Speech or Debate Clause of the 
Constitution, US. Const. art. I, 6, cl. 1. 

 

The Hon. Steven Mnuchin

April 3, 2017

Page 2

Agency will decline to produce
st under the Freedom of
ment, on the grounds that
duce, and (ii) are

ds the Agency may assert.

Accordingly, the Committee expects that the
any such congressional records in response to a 139un
Information Act or any other provision of law or agree
such documents are not the Agency?s documents to pl?O
constitutionally privileged, in addition to any other groun

gislative, oversight,
tent to retain control
end is included as a

It is the Committee's policy to include a legend on its 1e.
and investigative correspondence to the Agency reflecting its 1n
of all such communications and responsive documents. The leg .
matter of best practice, but accidental failure to include the legend on a partlcular
legislative, oversight, or investigative communication is immaterial, because the
Committee intends to retain control over all such communications and any
documents created or compiled in response thereto.

To ensure that the Agency and the Committee ef?ciently communicate in the
future regarding the maintenance, con?dentiality, and disposition of the
Committee?s congressional records, by no later than May 1, 2017, please respond to
the Committee in writing to con?rm that your Agency will decline to produce any
congressional records in response to a request under the Freedom of Information
Act or any other provision of law or agreement, that your Agency will discuss said
request with the Committee, that your Agency has policies and procedures in place
to address this issue. and that these policies and procedures have been shared with
appropriate Agency personnel. If you have any questions regarding this request,
please have your staff contact Brett Sisto of the Committee staff at (202) 225-7502.

We look forward to working with them in the future.

 

Chairman

cc: The Honorable Maxine Waters, Ranking Member
The Honorable Richard Berner, Director, Of?ce of Financial Research
The Honorable Michael T. McRaith, Director, Federal Insurance Of?ce