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March 31, 2017

The Honorable Charles J. Hall

Acting Chairman and President
Export-Import Bank of the United States
811 Vermont Avenue NW

Washington, DC. 20571

Dear Acting Chairman Hall:
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 Export-Import Bank of the
United States (?Agency?) of the Committee?s practices and procedures during the
115th Congress.

As you may be aware, 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 confidential 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 such, they should be segregated from agency records, and access to them should
be limited to 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. Charles J. Hall
March 31, 2017
Page 2

Accordingly, the Committee expects that the Agency will decline to produce
any such congressional records in response to a request under the Freedom of
Information Act or any other provision of law or agreement, on the grounds that
such documents are not the Agency?s documents to produce, and (ii) are
constitutionally privileged, in addition to any other grounds the Agency may assert.

It is the Committee?s policy to include a legend on its legislative, oversight,
and investigative correspondence to the Agency re?ecting its intent to retain control
of all such communications and responsive documents. The legend is included as a
matter of best practice, but accidental failure to include the legend on a particular
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 efficiently communicate in the
future regarding the maintenance, confidentiality, and disposition of the
Committee?s congressional records, by no later than April 28, 2017, please respond
to the Committee in writing to confirm 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.

Sincerel

  

Chairman

cc: The Honorable Maxine Waters, Ranking Member