this is 35 minutes. [applause] >> thank you for that generous introduction, and i also want to think the age and be a latino commission for inviting me to be here with you this afternoon. i am delighted to be here today. celebrating the 50th anniversary of the passage

of the civil rights act and honoring the latino lawyers past, present, and future whose struggles and successes represent the vitality and of the root of the civil rights movement. congratulations to our honorees. you are a credit to the trail braze -- trail blazing latino lawyers without whom the professor would be talking after lunch. and congratulations to the h nba for putting on such a terrific conference. respectful of those who have brought us to where we are today, inspiring to those of us who seeks to lead down, and supportive of those who will take us into the future . but an important reminder to us all, the civil rights movement is not a static even from 50 years ago reported on a grainy black-and-white newsreel.

it is part of our daily struggle and daily responsibility. in the words of one of our great latino leaders supreme court justice sandra sotomayor, we educated privilege lawyers have a professional and moral duty to represent the underrepresented in our society, to ensure that justice exists for all, legal and economic justice. i think often about justice sotomayor is admonition that the agency that i head, the federal trade commission enters into his 100th year the ftc is a bipartisan agency established at the head of the progressive movement by reformers believed government should work to ensure a more level playing field in the marketplace. to focus at the ftc on the consumer. the mission is to protect competition in the marketplace and deliver the best goods at the best

prices and to protect consumers so that they can navigate that marketplace assured that businesses will treat them fairly and honestly. we have a number of tools that we use to accomplish this. civil enforcement action, research, policy-making, and education. and we readily and i think effectively deploy them all in the service of american consumers. of course, as the civil-rights movement taught us and continues to teach this there is no one face of an american in no one's faith of the american consumer. that is why it is crucial that there also be different faces among the in washington and around the united states. my own journey from the beach community of san clemente where i was born and raised, the daughter of immigrants from mexico city to los angeles where i practice law and then to

washington d.c. and the home of the ftc is largely unexpected. in fact, i never imagined i would be living in d.c. let alone that i would be the chairwoman of the ftc. until 2007 and i followed a largely conventional route to a career as a corporate attorney following a law school i served as a clerk on the ninth circuit, was an associate at one large law firm and then became partner in another. of course, i did interact with wider and more diverse communities through volunteer work with a number of community organizations, but i did not step off the corporate track until a former law school classmate with whom i served in the harvard law review decided to run and a democratic presidential primary. was given the abcaten is a join the campaign and service to the political director and director of latino outreach in california.

it was not an easy decision. i was a partner in the highly regarded law from doing its job that i enjoyed and that i was getting my home state. my firm and managing partner were supportive, but a leave of absence to work on the campaign is a candidate to get the time few thought could win probably was not the best to remove. i said yes and am glad that i did. from working for that candidate barack obama helped bring me to the ftc and washington, because working on the obama campaign proved to be one of the most rewarding and valuable experiences i ever had. during the campaign with you need people, police command dreams i learned to listen and hear the many voices of america. i learned to better appreciate them, and it

reinforced as a guarantee of civil rights. communities, where they live and shop and bank and work kamal of this matters rest comes to making sure government and business is treated fairly, honestly, and with respect. so in 2009 representative obama nominated me this serve as a commissioner of the federal trade commission and again last year when the elevated me i said yes. this time without hesitation ready to take all i have learned of the course of my career and life experience and apply it at the ftc, the only federal agency would jurisdiction to protect consumers and competition across broad sectors of the american economy.

i wanted the entire agency to focus on how we can ensure our efforts to protect consumers in every state, city, town, and everett. how we protect those disorders experience the market differently who are hit hardest by fraud and other illegal conduct and who are most challenging to reach. an important aspect of this is taking a hard look at the prevalence experienced a different communities. our economists report that in 2011 alone almost 11 percent of adults, 25 million people were victims of fraud. of these an estimated 9 percent were not latino whites, 13 percent latino and 173 percent were african-american. we also found that older

americans are impacted by lottery scam in greater numbers than other age groups. but some scams like telemarketing fraud and unauthorized billing schemes are likely to of fact certain communities in larger numbers and that many target specific populations like service members or seniors we are continuing to study how broad this affects our nation. and we are examining similar issues regarding debt collection. unfair and harassing debt collectors has long been a priority of the ftc. we receive more consumer complaints about this industry than any other. as part of this work we are focusing on egregious and unlawful practice aimed at spanish-speaking consumers, something we have also seen in our law enforcement we

recently stopped and then followed up trying to collect many faulty substantive or even never delivered goods like reporting the consumers to immigration authority by broadening our understanding of debt collection experiences of a non endlessly consumer we have to stamp out this sort of a legal fraud and develop improved strategy for our region education. another area that is a concern to all americans but also our low-income and underserved community is privacy in the era of big data. as i am sure you all know, every time you buy something online check as sports score on your phone, swipe your credit card, check into facebook, surf the internet come back in any manner or on any device believe it's real, a trail which is

noted, recorded, sorted, and analyzed by data brokers. these companies operate largely in the dark collecting our personal information amassing detailed profiles on each of us and larsen without our knowledge and consent selling that dated to businesses and other brokers . earlier this year the ftc released a report entitled data brokers, a call for transparency and accountability which laid out the extent to which data brokers knows you. they know where you live, hold your kids are, what you buy, your income, ethnicity, health condition, hobbies. our report makes several policy recommendations to bring the operations of data brokers into light and to give consumers more control over their personal information. one of my concerns and an

issue that we are beginning to look at is how businesses are using the information sold to them by data brokers to classify in segments consumers by race and ethnicity, and come, socioeconomic status, age, health conditions, religious affiliation, and even political leanings. how will such labels affect our chances of getting a job in terms of farm mortgages, the products we are offered online, the opportunity for misuse is there, and these are issues that we are examining it will continue to monitor closely. the other community initiative is ongoing and it is my goal to have it in fuse every aspect of our work. so while i am proud of the focus being given, it is an agency that long before my tenure has paid close attention to the demographic changes that have swept over our nation the last several

decades. for example, and 2004 under then chairman the ftc launched a hispanic initiative to explore strategies for law enforcement collaboration to deter and stop fraud targeting latinos and to create effective consumer education for latino communities. by that time much as represented an attractive and steadily growing market for advertisers with total consumer buying power estimated at $580 billion. the same research shows that latinos are also about twice as likely as non-hispanic whites to be victims of consumer fraud, particularly in the area of credit. since 2004 the ftc has brought approximately 70 cases against companies that target is spanish speakers. law-enforcement actions have stopped marketers for making false promises of mortgage assistance, integration, the late to credit card debt

relief, and income opportunity. the ftc has also targeted companies that have made it effective kind spanish-speaking consumers regarding everything from prepaid telephone calling cards to disease course to weight-loss supplements. when we see froglike this in the marketplace we act aggressively. complaints in federal court to stop the unlawful conduct and obtain money judgments, often requested temporary restraining orders, asset freezes, and other powerful forms of relief. of course we prefer the consumers to avoid fraud in the first place and to that in the ftc attempts to protect consumers to education. we have an extensive library of materials on our website in both english and spanish and of the last few years have been translated publication into other languages as well.

the conversation has to go both ways. our job is not just to provide guidance to consumers but to listen to their concerns. none of -- one of the main ways we do that is by receiving consumer complaints from around the country through our website and telephone hotline. we have engaged in extensive outreach to local communities. in 2010 will recall common ground conferences across the country to elicit information from state attorney general offices, local law enforcement, legal service providers, and community-based organization about what scams they are seeing. these conferences along with our brought average to consumer advocates help us identify law-enforcement targets and spurred the creation of the new consumer education material. as chairwoman of the ftc i have an obligation to ensure that our competition and consumer protection laws are

as effective as beacon hill in boston and south central l.a. to accomplish that i believe we must have an ftc that understands and respects the diverse ways that consumers navigate market places all across the united states. one hundred years ago if you told the progress of the creative the ftc that one day it would be led by a woman they probably would not have believed you. they may have up to a ripe. fifty years ago if you had told the celebrities that the signing of the civil-rights act at one day the sec would be run by a latina and they might not have believed you to in years ago if you told me that one day i would leave by law from job to move across the country and run the ftc-out would not have believed you.

today it is a different story, and i am grateful for opportunities that have brought me here and we will continue to do my best to serve all consumers every day that i am privileged to lead the ftc. thank you very much. [applause] >> thank you. and now as i told you earlier, we have a special guest that i would like to bring a the atm be a president miguel alexander oppose the to introduce our honored guest. [applause]

>> thank you very much, maria. the good afternoon, ladies gentlemen, dissing was guesstimates nba members, award winners. it is my extreme honor and privilege to welcome you this afternoon at the 36 the national president of hispanic national bar association the eighth nba has had a long history of advocacy and being on the forefront of issues that affect hispanics and the latino community. it is fitting as we celebrate our convention which by all metrics that we use to measure success has been a huge success. i am excited today because in about eight hours from now i get to pass on the gavel. [applause]

becomes the seventh latina in our 42-year history to lead the hispanic national bar association looking forward to a tremendous year with cynthia at the helm. thank you, cynthia. [applause] >> excited for another reason. as you know, our theme is leaders in washington. [laughter] our struggle and our progress and, indeed, it has been a tremendous struggle of the last 50 years as we commemorate the passing of the civil-rights act. ..

>> event when to the colombia law school in 1976.

and he worked for the naacp education defense fund and at the department of justice criminal division. upon graduating, he moved here from washington and joined the department of justice is part of the attorney general's honors program. and many of you have studied the media by now and you know what has happened regarding voting rights and i won't steal the general's thunder but i wanted to set the table. you have seen what has happened in missouri and ferguson. without further ado and delay, i want to to please rise and join me in welcoming attorney general eric holder.

[applause] [applause] >> thank you. [applause] >> thank you, thank you. [applause] [applause] >> well,. [speaking in native tongue] [applause] >> i was going to give the rest of the speech in spanish. [laughter] please forgive my english. it is a privilege to welcome the hispanic national bar association to our nation's capital for the 39th annual convention and ended is a great pleasure as always to be in such distinguished company and i would like to thank the president. this means we have eight hours

-- seven hours and 56 minutes. [laughter] >> this sounds like it's going to be a tough job and he sounds like a young man eager to pass the baton. i want to thank him and his entire leadership team as well as fernando rivera and all this organizations members for everything you have done to bring us together this week. and also i would like to congratulate the award recipients over the course of this award swanton. and i want to recognize the attorneys who have taken time away from their busy schedules to take part in numerous important annual convention. we come together today in a moment of great consequence with critical challenges stretching before us.

escaped after hernandez vs. texas extended the constitution's guarantee of equal protection to people of all races and backgrounds, and half a century since the passage of the civil rights act finally codified american wallaby into american law, there's no question that our nation has taken a range of extraordinary, once them unimaginable steps forward. yet recent headlines remind us that these advances have not put the issue of equal justice to rest. on the contrary, from america's heartland to the southwest border and the events that have captured attention and sparked debate over the course of this summer illustrate the fight for equality, opportunity, and justice is not yet over. these issues have not yet been relegated to the pages of history. and although this is a struggle that predates our republic, it poses the challenge is -- the

challenges that predates our republic and it poses challenges as contemporary as any currently that we face. for over four decades the hnba has stood for the forefront of national ever to confront these challenges by working to increase diversity on the bench and bar. by helping to to educate the leaders of tomorrow and by employing members of america's latino communities and make sure that their voices are heard from the chambers of our court to the halls of congress. for me and for my colleagues at every level of today's department of justice, this work is also a personal and professional priority. more than 10 years ago during my service as deputy attorney general, i worked hard to strengthen the justice department's internal efforts to build a diverse and effective workforce. when i returned to the department as attorney general in 2009, i significantly expanded this work because it

not only improves our ability to draw to skills and talents of everyone, but it also makes the justice department both more credible and more effective. in fact, since i understand the invention includes a job fair, i can't pass up the chance to urge all of the young and aspiring attorneys in this crowd and those of you a little older than that, to consider a career in public service and come to the justice department. work for me. [laughter] [applause] and i'm serious about that. come on. [laughter] >> beyond the institution itself my colleagues are striving to bolster legal profession at large by opening men and women from every race background and ethnicity and walk of life. according to the pew research center, the hispanic population in the united states currently

exceeds 53 million people. it has increased almost sixfold since around the time the hnba was founded. and it has doubled since the year 2000. yet statistics show that of the approximately 1.2 million attorneys working in the united states today, fewer than 50,000, that's less than 4% identify as hispanic. although women and people of color have made up an increasing percentage of both licensed lawyers and law students in recent years, the law continues to lag far behind any other professions. so we need to do everything in our power to ensure that the coming decades witness an uptick in the number of people of color and women and people with disabilities and new immigrants who find productive avenues into the legal field and the american workforce as a whole. and once they have your opportunities to compete for these jobs, we need to close the pay gap and make sure that every worker is compensated according to their skills and experience

not simply their gender or gender identity. as the hnba has made clear throughout its history, all of us, both collectively and as individuals have more work to do. to tear down persistent barriers, to combat discrimination, and to uphold the civil rights to which every person is entitled. in our conference at work to advance equality, we need to look far beyond law school campuses and workplaces. we need to keep building upon the exemplary record as civil rights enforcement at the justice department, that they have proudly establish a glass 5.5 years. we need to keep striving through programs such as president obama's my brother's keeper initiative to address persistent opportunity gaps and ensure that all people can reach their full potential. and we need to summon our collective experience as legal professional and our shared commitment as a nation to tackle the urgent challenges faced by millions of people every day from america's immigrant

communities to our military bases. from our places of worship to our financial markets. and from our voting booths to our border areas where as you know is a critical situation that is unfolding as we speak. among the most pressing of our domestic challenges is the problem of unaccompanied young children traveling to the united states and entering the country illegally. now, i know this is an issue with which we are all too familiar and which has provoked intense discussion throughout the summer, both within and far beyond the united states. in fact earlier this week, i traveled to mexico city to hold meetings with my counterparts from mexico, while moloch, el salvador and honduras. this was among the major items on our agenda. as the chief law enforcement official is have served, my colleagues and i have created a high-level working group

to deal with this situation. and in the coming weeks it will help us formulate and coordinate a plan of action. but another potential solution to this problem is rather obvious. that is fixing our broken immigration system. the senate, on a bipartisan basis has are to pass a deal that would do a long way doing just that. the issue is compelling and the solution is present and the need to reaffirm our issue is a nation of immigrants is critical and this is who we are as an exceptional nation. if we are to improve our heritage, we must fix our immigration system and bring people out of the shadows, and we must establish a path to citizenship. [applause] now, there are a variety of ways in which much of this can be

done and in the face of house in action this administration will proceed. this administration will proceed. it will do so lawfully and in a manner that is consistent with our values. we will as americans always have to seek to make our union more perfect. this is our promise. [applause] in the meantime -- [applause] in the meantime, within america's borders, the increasing numbers of unaccompanied children appearing in our immigration courts is really an urgent challenge. how to conduct immigration proceedings in an efficient manner while any claims for relief represented as clearly as possible. one way to address that challenge is to facilitate access to legal representation for these children. though these children may not have a constitutional right to a lawyer, we have policy reasons and we have a moral obligation to ensure the presence of

counsel. that is why the justice department began planning a legal aid program well before the recent surge of unaccompanied children. last july president obama announced a creation of a task force to expand national service. calling upon federal agencies to meet the goal by creating volunteer opportunities that are aligned with agency priorities. the justice department's response to that call was clear. by partnering with the corporation for national and community service to design and implement a new legal aid program. the department is protecting the local populations as well as improving our operations and strengthening the delivery of the department services in their communities. the first phase of this new program is known as justice americorps is was announced in june. it will make the legal aid to children who make a long and dangerous journey to the united states without parent or legal guardian. and this week we are taking the next step in the work by announcing approximately

$1.8 million to legal aid organizations in more than 15 cities around the country. and this will enable recipients who, after extensive training in december, will begin to represent these children are immigration courts in early 2015. the justice americorps members will also help to identify children who have been victims of human trafficking or abuse and it's appropriate, we'll refer them to support services and authorities responsible for investigating and prosecuting those who perpetrate such crimes. now, this initiative reaffirms our allegiance to the values that have always shaped our pursuit of justice. it will bolster the efficacy and efficiency of our immigration court and empower new generations of aspiring attorneys and paralegals to serve their country. and it will provide important legal aid to some of the most vulnerable individuals in our immigration system. most are poorly it will bring

our system closer to our highest ideals. because the way we treat those in need and particularly young people who may be fleeing from abuse, persecution and violence, goes to the core of who we are as a nation. fortunately, thanks to the work that is underway due to the leadership of president obama and other administration officials and the tireless work of nonpartisan groups like the hispanic national bar association, it is clear that we stand together this week in defiance of gridlock in the narrow politics of the moment. truly "unidos in washington." [laughter] and truly we must all stand together in our demand that equal work should be performed for equal pay. and our daughter deserves the same opportunity as our sons. we stand together that it is

both the right and responsibility of every american to forge his or her own future and to build on the progress that we have seen in recent decades and to extend the promise of our great country until it includes every single person who dares and dreams to call this nation their home. as we carry this work into the future, i want you to know how proud i am to counter his colleagues and partners and to always remember that positive change is not inevitable. it is a function of hard work and resilience. i am confident that together we will make our great nation even more great and more just. i look forward to everything that we will achieve together in the months and years ahead and i want to thank you all, once again, for all that you do. i thank you. [applause]

[applause]

concerns. horseman darrell issa chairs this committee. [inaudible conversations] >> the committee will come to order. we declare a recess of the committee at any time can be called. the oversight committee mission statement is that we exist to secure fundamental principles and we make sure that the money is well spent and america's efficient government works for them. our duty is the oversight reform committee is to protect these rights. our solemn responsibility is to hold government accountable to

taxpayers. because taxpayers have a right to know that the money washington takes from them as well spent. it is our job to work tirelessly in partnership. citizen watchdogs and yes, the id watchdog to deliver the facts to the american people and bring can perform to form to the democracy. this is our mission statement. on august 5, two thirds of the community sent an unprecedented letter to congress describing serious imitations on access to records that have recently impeded the work of the inspector general. section six a one requires agencies to provide, and i

quote, full and timely access to agency records to their respected inspector general. anything less than full cooperation, of course, is unacceptable. and these government watchdogs play a key role in improving government efficiency, honesty, and accountability. they conduct oversight and investigations and audit to prevent and detect waste, fraud, mismanagement between government agencies. their work often protects federal workers and the american people. they held congress to shape legislation and target our oversight and investigative activities. but let there be no doubt that they are the executive branch employees who in fact were

created by an act of congress and signed by a president so that the tools that they provide are available to the president of the united states to run our government better. and so the yankees are proven to be one of congresses and the american peoples best investments. in the last fiscal year the ig community use their $2.7 billion budget to identify potential cost savings to taxpayers totaling about $46 billion, and that means for every dollar in the total i.t. budget, they have identified approximately $17 in savings and access is key to that kind of savings. but let me make it very clear that the investigations including some you will hear today are not about money. they are far more valuable because they are about liberty and your government not trampling on your rights.

and so the agencies to withhold information and their records, it impedes their ability to conduct their work thoroughly and independently and most of all timely. it runs up the cost to both sides of the ledger and inspector general spends many, many, many lanes of dollars simley trying to get access. where is your government, the same agency, spends millions and millions of dollars on lawyers trying to impede. this is one of the greatest wastes we could possibly have. when access is denied agency records, it undermines congress and the ig's ability to effectively oversee the prospective agencies. today we are going to hear from the three widely respected ids who have faced serious challenges from their agencies to access the necessary records

to what they do in their work. at the justice department, the inspector general cannot gain access to grand jury documents or national security related documents without approval and delay from the deputy attorney general of the federal court. requiring such permission compromises and impedes the ig is investigation and a chemical safety board has denied the inspector general access to certain documents on the basis of attorney-client privilege. but who is the attorney and what is the privilege? mr. alton is the same entity that is still in fact a client. he is in part of the client of the epa. further, including the epa office of homeland security,

have interfered with these themselves. most disturbing to me personally , i spoke to the vice president last night, and i think that he was deeply disturbed, at the peace corps that they have refused to provide the inspector general for access to information related to sexual assault corps volunteers abstinent absent with the memorandum. so let's understand. we honored and celebrated the 20th anniversary of violence against women enactment, designs do just the opposite, to it ask women to come forward and report the assault. and if the ig cannot oversee a pattern of failure to protect women. , then we need to ask women to come forward with a record of

their assault. in all instances, it is the committee's position that these agencies should and must cooperate with the inspector general's request for information. during the 113th congress, the committee has investigated several instances including the one facing the watchdogs in which agency leadership undermines the effectiveness of the inspector general. the committee has held several hearings on this issue facing these inspector general's over the last past year. the committee has also conducted a deposition of the peace corps general counsel to address the access -- or the access issue at the peace corps. and so it has not been resolved. and quite frankly i look forward to the departure of the general counsel as part of the problem. either this committee or the ig

committee should be wasting time and resources attempting to gain access to records when the ig's have not just a legal entitlement to, but a sworn obligation to this. for nearly six years we have seen the administration make unprecedented efforts to fight transparency and block investigation. that is not what we are here for today. we are not here because the press wants to do this, we are not here because article one in congress is trying to look over the shoulder of the president and his administration, but we are here because of the men and women who work for the ig's and those not here today, and part of this for efficiency and transparency and an honorable service by all that has not been

getting what they wanted. it is my intention upon the end of this hearing with my ranking member, if at all possible. urging him to use his executive order capability to resolve this once and for all. notwithstanding that, i want to thank our three witnesses here today and i want to assure you of one thing. at the testified here today and for all 47 ig's, i will be looking at i know my ranking member will be looking to make sure that no retribution or punishment is allowed in expressing your concerns with your responsibility in the ig act. with back, we do have a response from the executive office of the president, the office of management budget placing this

in the record at this time without objection. we recognize the opening number for his statement. >> thank you, mr. chairman. i want to thank the chairman for calling this hearing and let me start off by saying that what the chairman said with regards to retribution, i agree with. you have done a phenomenal job in a very important job. and every member of this committee on both sides of the aisle, if we hear about any repercussions, we will be on it and deal with it effectively and efficiently. waste, fraud, and abuse is a central tenet of this committee and we take this very seriously. i am a staunch defender of the

ig's and their authorities and i sent a bipartisan letter to the president and representative case it's in the chairman and ranking member of the national security subcommittee and in that letter we have finally nominated the inspector general at the state department that had remained vacant for five years and i also supported legislation to help them do their jobs more effectively and efficiently such as the ig reform act of 2008. after receiving a letter last month from 47 ig's, i cosign a letter with the ranking member and homeland security committee as well as chairman darrell issa. in that letter, we express a bipartisan concern to the office of management and budget about access issues raised by the free

ig's testified here today and the environmental protection agency. when congress passes a 1970, section six of that legislation authorized ig's to have very broad access to the agency records and this revision was intended to give them the ability to conduct their investigation and they also included something on the legislations, some of which are at issue today and some contend that other federal laws are a concern that we will be discussing today. and first we have the peace corps. in 2011 congress passed in congress signed the protection act. this requires the peace corps to

establish a confidential system for volunteers to report sexual assault in time and when they sought access to this data in order to prepare the report also mandated by congress, the peace corps racy and the ability to raise the personal identifiable information of sexual assault victims which was supposed to be confidential. on may 22, they signed a memorandum of understanding providing them with access to all information except personally identified information. i understand that this agreement does not include all of the access concerns. but i believe that it is a very good start and we have to potentially conflicting values

like this. and that includes information like grand jury and other information and we must go through a lengthy approval process at the highest levels of the department. in the ig's testimony today said the department has granted access to the records and every case the contents of the lengthy delays the road to independence. and this includes several other statutes of releasing sensitive information. so they must be carefully analyzing as we look at that. our understanding is that the department has now offer the legal counsel to review the issue. and i look forward to this review.

finally, the environmental protection agency has raised two concerns. the report that the epa's homeland security offer has been denying the access of classified material and failing to recognize the statutory authority into the epa can networks. we have been working with both sides to mediate this issue and on june 19, the epa administrator mccarthy proposed a framework for better cooperations. at this point, my understanding is that the ig still has issues with the proposal and i hope that we can talk about those in turn. and so last week the chemical safety board was deemed to be the most automatic from this still has not produced all of

the quested documents. this puts them in a situation where although they have compiled this request, the documents remain outstanding and hopefully we can work closely on a bipartisan basis. let me close by making one observation. we have seen many issues involving several laws and some have raised the possibility and i believe this should be considered. although this is necessary come the last thing he ig's need is to be introduced and fail. which could have the unintended effect of diluting the authority. mr. chairman, i appreciate your commitment to working with me and my staff in developing the

reform proposals. my staff and i have devoted tremendous efforts to helping them do their work and their goal has always been to do it respectively and with that ideal back. >> i think the ranking members. all members will have seven days to submit to the record. and we know welcome michael horvitz is the inspector general of the u.s. department of justice. as well as arthur elkin junior who is part of the u.s. department of protection agency. we also have cathy bullard who is the inspector general of the peace corps. ladies and gentlemen, pursuant to the committee rules, please rise and take the oath. and raise your right hand. do you solemnly swear or affirm

that the testimony will get will be the whole truth and nothing but the truth? and please be seated. let the record reflect that all have answered in the affirmative. and since you are all skilled professionals and since you are less than 20 hours from a similar event, we know you like to keep your opening statement to five minutes in your entire statements will be placed in the record without objection. with that, you are up. >> thank you, mr. chairman. thank you members of the committee. thank you for inviting me today at this important hearing. including agency files that goes to the heart of our mission to provide nonpartisan oversight and that is why 27 inspector generals found late last month a letter expressing your concern about this issue and i want to yank the members for the bipartisan support in response

to the letter. this is crystal clear. section of this provides a complete and timely unfiltered access to all agency records but since 2010 the fbi and other departments have not read this in that manner and therefore have refused our request for interviews for the relevant grand jury in its files. as a result, a number of our reviews have become significantly impeded and in response to this, the attorney general department granted permission to access the records by making the finding that our reviews were consistent in them. they also talked about future audits and reviews and there are several significant concerns with this process. first and foremost, the process is inconsistent with a clear mandate and the attorney general should not have to order

department components to provide us with access to records that congress has made clear that we have a right to review. second, requiring them to obtain permission seriously compromises our independence and they should be deciding which documents and access to and not the leadership that is being overseen. third, while current department leadership supports our ability to access records, agency leads change over time and are accessed should not change the views of the department leadership. further, we understand that other department components that exercise oversight in personnel, such as the office of professional responsibility, continue to be access to this material and this disparate treatment is unjustifiable and results in them being less willing to zenawi because they are statutorily independent while the opr is not.

this again highlights the lack of independence which can only be addressed with this jurisdiction at the department. the independent nonpartisan project and oversight made it seem situation earlier this year and introduces in the senate as just that. this past may they asked to issue an opinion of legal objections raised by the fbi and other department components and it is imperative that the issue is talked about probably because the existing practice tersely impairs our independence everyday every day that we do our work and more over our struggle to access information in a timely manner continues to seriously delay our work and also has a substantial impact of the mouth of the auditors and

analysts and lawyers work extraordinarily hard everyday. far too often they face challenges in a timely access to information, including routine requests, for example, into ongoing audits we have trouble getting organizational opinions in a timely manner and this includes to the independent access to the records and information pursuant to it. however, should an opinion conclude otherwise and interpret this in a manner that results in limits our ability to access information, we will promptly ripped west a legislative remedy. for the past 25 years my office has demonstrated effective oversight and save taxpayers money and improves the substantial consequences for

work and significantly delayed runnings or recommendations and i cannot emphasize enough how critical it is to get these pending access issues resolved promptly. and hopefully we will have an opinion finding that they mean what they said and mainly that they are entitled to have complete timely and independent access in our agencies files and i'm pleased to answer any questions you may have. >> thank you and we yield back to you. >> morning, chairman. ranking member and members of the committee. on the inspector general for the environmental protection agency and the chemical safety investigation board. thank you for inviting me to appear before you today and i would like to take this opportunity to publicly commend the inspector general staff across the federal government who works hard to carry out our important missions.

for more than a year is oig will be confronted by the csp. and this is based on attorney-client privilege. we countered that this violated the inspector general act. including this as a continuum, we resorted to this on related issues on june 19 at which you stated they will turn this over within a week. they have produced several sets within the oig and it is substantially but not fully complying with our document request and however the evidence we have gathered demonstrate that there are additional documents within the scope of our request that the officials have not provided. in addition to this, the office of homeland security continues to impede the investigation of

this oig and we provide testimony before this committee on may 7 while there are multiple facets to this problem, the epa assertively said there is a category of activity defined as intelligence to which the oig may have access only if the epa determines the access is permitted. and this was ongoing when i arrived four years ago and it is still not resolved. now, i would like to discuss how well they are serving the taxpayers of this country and accomplishing goals that congress set more than 35 years ago and on august 5, i joined with other ig is sending a letter to this committee as well as other congressional members stressing the troubling push back many of us have been experiencing when we seek mandated access to employees and we ask congress for a strong

reaffirmation of the original, and we believe, still existing in terms of the ig act and the oig's have unfettered access to assist us in obtaining prompt and complete agency cooperation. mr. chairman, this is about whether the act needs strengthening or clarification are not hypothetical to me. they are questions with real-world impact on the ability to carry out the mandated functions and you might think, therefore, that i would say without reservation that it requires some access of agency cooperation. however i would like all of us, ig's included, to be careful about what i am saying and not hang on this issue and the act is quite strong quite clear and it provides access to all agency information and all agency

employees and there are no exceptions. but it cannot be for outside of it once they do receive it and not the will involve us by information. no courts are congressional opinions from the department of justice were office of legal counsel, in the attempt to clarify that could only suggest that it is not already strong or confident. and this includes an agency and if there is not prompt and complete operation, the work of the oig is stifled and in this regard it can be compared to a house of cards. if you pull plot the agency cooperation card, the entire application classes and i therefore urge us to find a mechanism already required.

the ig is ready in the agency's ability to cause a consequence is a problem. and this includes efficiency on solutions to access concerns and i believe that congress can send a strong message that such impairment will not be tolerated. mr. chairman, this concludes my prepared statement and i'm pleased to answer any questions they may have. >> thank you. ms. bowler? >> chairman tremont, ranking member and establishment of the committee, thank you for inviting me here today and allowing me to summarize my prepared statement. you have asked me to testify as we have difficulty in obtaining documents. i testified before you on

generic 15. some challenges remain in this includes the volunteer protection act of 2001 in which congress enacted after the report that the agency failed to respond to victims of sexual assault. it mandates the creation of a stricter reporting mechanism that they may confidentially disclose this and received the services they need without discrimination of the personally identifiable information. unfortunately the piece were general counsel has written a legal opinion causing the agency to establish policies and procedures that deny the information in the case of restrictive reports they argue it prohibits the agency from disclosing any details of a sexual assault.

however, they authorize disclosure when the wire by law and mandates and expensive oversight in the month of may, my office entered into a formal agreement to obtain some information from the report. the agreement can be terminated by any party at anytime and we signed it so that we could get some information while continuing to seek agency actions. i am concerned about having to enter into an agreement and get information that we are entitled to by law and that we need to do our job. i'm also concerned that the legal opinion often withholds information as the oig remains in place and this legal opinion they interpret a law forcing the ig to spend its limited resource wrangling to obtain information.

and many have asked why we need full access to restrictive reports in it is simple. we cannot properly informed the agency whether they are complying and whether the response is getting better or worse. furthermore they mandate that my office can update the review of a statistical number of cases with full access to information and it's very difficult for us to complete this review and ensure that volunteers are receiving the services that they need. they signed a letter expressing concern over our access issue recognizing the implication refusing or delaying the ig access in response to inquiries about the letter, the peace corps tells "the washington post" that it is committed to working with the inspector

general to ensure rigorous oversight of respecting the confidentiality of those volunteers who are assaulted. suggesting that privacy and oversight are mutually exclusive when they are not. my office is bound by the same confidentiality rule and the agency ended its trained in handling sensitive information and there is no record of my office ever is handling such information. the agency also suggests that volunteers would be fewer to report if they had access to the information but when pressed for the factual basis of this, the agency had none. as reported, it's hard to imagine a case where volunteers to climb to report actual solid set the internal watchdog providing information to determine that there is no negligence or wrongdoing. in the agency argues that this

is centric. what could be more so than providing independent oversight of this. and so we ask the congress reaffirm what is said in the ig act, which we also believe is very important in the history also strengthens that intent. that there are individuals like her general counsel who have taken upon themselves to interpret another piece of legislation to override that. and we request that congress and this committee take a look at reaffirming what they say and make sure that everyone is on the same page. i think you and i prepared to answer any questions that you have. >> you have yielded back 20 seconds and i've never had a

professional panel. thank you. we do a lot of hearings here and one of the challenges here is asking the most difficult question which is from each of your experiences, what you think the source is and when did this begin? to the extent you can say time, date, and accountable individual we inc. is the decision maker of the impediment, i would like to think that it's possible. >> is very easy to talk about mandating the impetus and the person is the general counsel and they have taken the opportunity for this access.

>> mr. elkin? >> in my case i have two agencies that i oversee including the environmental protection agency. so i have to say if we start with a clear message at the top that access will be granted, it will be granted. in the message is not clear, but you end up with the tuition so we have today. some of these started back in 2010 or 2011 and on the epa side of the house, some of the issues actually began before i even came on board. so to answer your question directly, it starts at the top with what the expectations are

that way the rest of them will march. >> our issue started in 2010 and has continued with the fbi. raising objections have also joined in when there's a long list of them in terms of them not meaning what it says. it began with this but like any infection, particularly if popular one, you are being shut out systematically. >> yes, there is a way to do that, that's what happens. >> i think you testified that on six occasions, the deputy attorney general has talked about this as you get the information. is that correct? >> yes, approximately. >> okay, in your case, it has

delayed and impeded some of the investigation more than an outright denial. is that correct? >> yes, and it compromises our independence. >> okay, in your case, you continue, in spite of the ranking member ever to not get information and that is a decision being made, is that right? >> i cannot see emphatically. >> the agency has not intervened in some of these letters and that is what i have said to i think that is a fair characterization. >> it records is a person that can intervene? >> absolutely. >> beside the general counsel, but they are a referral point and there is an agent he had it is also not intervened to yes. >> i think about i can bring

your two statements together, which i think are important, you caution us not to attempt to clarify, if you will, diminish what already is the law and you clearly said that this review, which is also going on begs the question of does that not mean what it says it means. now, i'm coming back to you for that reason. either with executive action or through congressional action, if we say this notwithstanding other laws, does that meet your test in writing a new law on top of an already deadlocked and verify the question so there's

not the endless review by the general counsel and referrals to legal review. >> yes, i think that that would be -- i think that would be quite helpful. back message clearly without any wiggle room coming from the president would help absolutely. >> with that, i use 12 seconds and i yield to the ranking member. >> elected the back to the general was asking. and so as i listen to you with your testimony, and i have thought about the issue here. the identifiable information. and it just seems like we should be able to work that out somehow and have you gotten any further with a memorandum of understanding? >> we have a memorandum in place

and we are hopeful that we can continue to do our work with a memorandum of understanding. if there is another dispute that comes up regarding what this is for details of the central salt and what that is, we are going to be back where we started going back and forth with the general counsel trying to figure that out. >> during tenures is inspector general, you work with them to identify improving the management and you've released three reports in the past month that identified ways to save money by improving the contracting process of oversight. and the recommendations have led to many successful with one's.

including the corrective actions on all of the nationwide system that protects us with exposure to radiation. is that right enact. >> that is right. >> congress has also charged with overseeing a chemical safety board what which i want to ask you about. ..

you informed the committee that they still had not fully complied with the request. you said the documents that they provided were not fully responsive. and some documents were redacted. is that right? >> that's right. >> well, recently additional documents have been provided including an redacted copies including on a 2014 you sent a letter saying there are essentially complying. the evidence we have gathered demonstrates that there are additional documents within the scope of our request that csp officials have not provided.

even that. totally unacceptable. can you tell us now specifically how you know this esp is withholding documents? >> i would like to think have a crack team of investigators that as good questions and, you know, we check the documents. we track questions. it is really just following it up. retraction questions. look to follow up. >> can you identify the documents that you believe are being withheld for the record so that we can follow up directly? >> i can give you some what of a characterization. for instance, he now,

non-government e-mail to conduct a agency business. at one point in the process it was conveyed to us that there was a directive not to do that. and then subsequently we found the now is the suggested that after that date it was still going on. you know, there is a disconnect there. that is one example. >> last question : in a letter you sent the on tuesday you said that he would be issuing a report of investigation in the near future. what with the scope of that report be, and windy you expect to issue its? >> well, it will be a compilation of what we have determined, you know, based upon the facts of the case.

the means other than federal communications means to conduct agency business. that is where the report is likely to hit. in terms of when that report is issued, i cannot give you an exact date. >> we will follow-up. >> on this personally identifiable @booktv the details, did you ever ask for in camera review for your people to look at the documents without receiving? >> no, that would not have been permitted under the general counsel legal opinion. >> the question is, did you ask, did you attempt to have something or you would respect the fact that you would take possession is but you would review? >> no, we did not. >> you know, as i listen to your testimony one of the key -- when

i think about the conflict, you said that your agency has been used to having very sensitive operation and keeping it confidential. i am sure you made those same arguments to the peace corps. what was the response? we have got government public servants who want to do the good and right thing. mls than would be in going against yourself by revealing the information, identifying somebody who may have been sexually assaulted. i am just wondering what happened there? is it that they use the distress? >> the way that it is drafted there are two exceptions on the disclosure. one is for one of the exceptions

enumerated. the other is if the person files a researcher reported won't trigger an investigative process general counsel basically interpreted the receipt of my office of any impression from our research report as doing that automatically triggering an investigative process even though we assured him that we are required to file a lot. if we got any reported affirmation we would not use it to trigger an investigation. it did not seem to make an impact on him. and he is the only person who has concluded that the two laws complex. when you read the two laws they're is a way to interpret them that they do not. >> thank you very much. >> thank you. >> mr. mike about. >> thank you, mr. chairman. thank you for holding this hearing, and they appreciate the inspector general's testify. i guess being a senior member of the committee and having gone through almost all of the --

half a dozen or so chairman and hundreds of members who have been on the panel you get all little bit of institutional and site. and i have never seen an instance in my 21 plus years, 47 inspector general's coming together and and saying that the oversight was being obstructed. to you know of any incidents similar to this? >> i do not. >> the first in my recollection. >> i don't recall. >> each of the instances would to have come here to side before us have different parameters. some of them, you know, there could be questions. i have seen some of your recommendations for possible changes in legislation.

that would be one way to resolve some of the issues some recommendations of us and exemptions that are currently 11 should be excluded congress is that correct? >> it appears.

to obstruct it an investigation or even worse, to cover-up, particularly concerned about the sexual abuse of instances. peace corps worker, some locals on peace corps volunteers. is that the case? >> yes. >> again, it appears that it is a blatant cover-up of sexual abuse cases that some might embarrass the agency. in the mission to locals,

foreign nationals taking advantage. but how prevalent is the case of problems replace co-workers. >> it is usually about 4 percent of the cases. >> that is huge, but it is embarrassing. how would imagine to the agency. and, again, i think we have a particular position of responsibility to deal with that kind of action. also, i think that you should have that authority to uncover again or it is going on and expose it. a couple of questions because we -- the inspector general's of

been under attack for a number of years now. several ways of attacking to my get rid of them, we went through that in the beginning. the committee let it be known that that was not going to be tolerated. they did get away with that particular instance. then that appointing returned to the attorneys general's to buy untold 13 vacancies, a lot 15-20 percent of the inspector general positions are vacant. is that about right? >> et think that is right place again, these are the numbers. you don't appoint them. you try to get rid of them. and then you don't cooperate with them and obstruct some. those are all very serious. appreciate your bringing this matter to the attention of the

committee. >> endo thank you. >> and that gentleman yields back. we now go to the gentleman from virginia. >> inky for all in this hearing. i myself on confirm our agreement do-it-yourself and the ranking member, your opening statements. by another committee lohan the kistler -- the peace corps, the whole issue of how to handle that, the series of investigations and investigative stories relieve downward highlighted, how poorly historic believe the peace corps adhere to fort franklin managed cases of sexual assault among volunteers. legislation to try to address

that. i am particularly concerned to find that they on this subject in the role of the ig, in january we raise concerns about access to a peace corps information. is that correct? >> yes. >> and what was the nature of that testimony? >> it was the same issue. >> could you speak into the microphone? >> it was the same issue i am testifying about today, the lack of access to restricted import information. >> specifically in 2011 we passed the volunteer protection act to which i just referred requiring that this court to establish a restricted reporting system with the option to report sexual assaults on a confidential basis the peace

corps energy is required to note conduct a case review. a lawyer at the effectiveness. provide a report to congress since and personal affirmation. the agency agreed to provide you with access to all information related to research reports.

any sexual assault information under the en el you. >> we have one pro revaluation and we requested all of the client incident reports including restricted reports and so we ran into evaluation. two reports. >> your expectation that the case information is useful to the work your undertaking. >> it is useful to the

particular program of our tuition and we're doing at this particular point time. the problem that we have is when we are going to do our case review for the mandated work requires statistics sampling to do that, and the case -- peace corps has no case management system so that everything is compile and one place. we have records and medical, records in the victim's advocate office, we have records all over the place, and we do not have any way to track how all volunteer is treated after they have been insulted because there is no case management system. >> even now. >> even now. >> and with that case management rubric including legal action? so, for example, if someone has been sexually assaulted presumably there is a legal case pending in the house country. >> if they're is should be included in the record. >> but it is part of a case

management, i assume. that is also some morales. >> of the case was taken into court it would no longer be a research report. we should have access to that affirmation. >> do you? >> we should have access to non research report. a problem as the default position for peace corps is every report of sexual assault that is filed as automatically restricted until a volunteer the term is to make an otherwise. so the universal restriction reports is quite large. >> thank you. >> mr. chairman, i want to end by saying that this is a particularly troubling case says congress on a bipartisan basis actually addressed this topic, the peace corps in the incidence and management of sexual assaults of volunteers abroad. and to find three years after passing that act that we are still finding problems internally with the peace corps that directly affect the victims because their cases are not being managed efficiently and

properly and sympathetically and the ig has not had until the mou full cooperation from the agency is troubling, indeed. and to me it circumvents the letter as well as the spirit of the law of cars past to try to address this sensitive but real issue affecting our peace corps volunteers. thank you, mr. chairman. >> your comments? >> i know the chairman recognizes as an omen from utah. >> i think the chairman. and thank you, the three of you for being here. you play a vital role. just good government, and i thank you for your time and dedication for you and your staff. i would ask unanimous consent to enter into the record the letter dated august 5th 2014. this is a letter to the chairman, ranking member, such as carper and coburn from the 47

igc. >> hearing no objection. >> i want to read just three sentences from this letter. the undersigned federal inspectors general right regarding this serious breaches on access to records and have recently completed the work of inspectors general at the peace corps command room and the protection is in the department of justice to a pace to. moreover the issues facing the doj oic the epa elegy and the peace corps zero ig are not unique. other inspectors general have from time to time face similar obstacles whether on a claim that some other law principle trump's the clear mandate of the ig act or by the agency's imposition of unnecessarily burdensome administrative conditions on access. it is extraordinary that 47 inspectors general have issued this letter expressing this, but i would also like to ask unanimous consent to enter into the record, a letter from the

character of the office of management and budget dated september 9th 2014. >> without objection. >> let me read a sentence here from that response from the director of the omb, and then i would like each of you to please respond. the administration does not seem to think that there is a problem . this letter paragraph three the last sentence says overall the numbers reported by the ig is demonstrate that federal departments and agencies in this administration value the work of ig offices and are almost uniformly successful in getting them the information needed to perform their responsibilities. this letter, if he were to read this letter, the office of management and budget issuing a letter one full month after the 47 nineties, they do not think that there is a problem. how do you respond to that sentence? >> i can only speak from experience and what i have heard from other ids which is we have

saved store blocks in several of our reviews. on timely access where we have gotten it it has taken a fair amount of time. i think the other ids have had their experiences, and from conversations with others similarly have not had lawyers come forward and say we cannot legally give it to you they have had a caesar gave materials in a timely manner. that is a very significant issue for us. >> when it says almost uniformly successful how would you characterize what you are able to access and get right now, particularly from the fbi? >> it has been historically difficult for several years to get prompt, timely access to materials. >> i think there is a disconnected. and i think that statement that you just read capitalizes the disconnect. on one hand that think we have seen here is that, you know, we

hear from time to time that, you know, there is substantial cooperation with the oic. i mean, 80, 90 percent of the time there is no problem. you get what you ask for. but that assumes that the other ten to 20 percent of the time that we are not getting all we ask for is okay. and that suggests that it is a moving target, and that is a slippery slope. and that is exactly, i think all why we are here today and talking about these issues. there is this assumption that most of the time we cooperate command that is where the focus is that, but the real issue here is what about that 10 percent of the time that there is no cooperation, and that seems to just keep jumping around and jumping around. that is a problem, and i think that says that is a broader problem with 0mb and a lot of agencies. >> thank you.

>> i agree with my esteemed colleague. we have had an agency issue opinions were issue policies and procedures specifically stating that we cannot have access to something. so it is very difficult for me to understand how it is not a problem. and i think that the fact that 47 other ids have at one time or another, maybe not all the time, but one time or another have problems should be an indicator that there is a problem. >> thank you. i appreciate the great work and look for to hearing from you further. yelled back. >> i recognize that some from >> i recognize that some from pennsylvania. >> thank you, mr. chairman. thank you for the inspectors general appearing here today. this committee has previously highlighted, the offices of inspectors general are essential to the efficiency of the federal

government. they hold is is accountable, identifying his conduct and programs and personnel. they can highlight the holy trinity of waste, fraud, and abuse guaranteeing that american taxpayers get to the most bang for their buck. the position of ig is a difficult position told to match eye disease i tasked with investigating alleged abuses, among those with whom they work. of course, however a balance must be struck between confidentiality and privacy. the victims as well as whistleblowers and the needs of the inspectors general. i listened to your testimony closely and also your questioning by representative connolly. as you noted in your written testimony the allies he recently reached this man and to the memorandum of understanding with

the peace corps on how best to comply with their peace corps volunteer protection act. obviously many victims of sexual abuse and gasol choose to report that conduct an ominously out of fear, retribution, and for their safety in general. and there is an irony in that the act was intended to provide tighter oversight to make sure it complain this anonymity is protected. in fact, she was murdered by her attacker when the peace corps mishandled her complaint and her identity get out. and i think mr. connolly has made that. but there is this irony that the act was intended to tighten oversight of the confidentiality and that the same time now we hear that the saying that

because of the need for confidentiality they do not want to cooperate as much with the 0i g. as cnn that think that a good thing to do this morning would be for you to a elaborate. you touched on it briefly about how professional your staff is and how careful you are with anonymity. will you elaborate further and tell us more about systems and procedures in place to protect anonymity? >> sure. >> all of my staff is required, as is peace corps staff, to comply with all the laws that protect personally and identifying information such as the privacy act, hipper, things of that nature. we are all required by law to comply with those the same with the peace corps staff is. furthermore, my investigators are trained investigators.

we must comply with all of the guidelines from the attorney general. we have full law-enforcement authority. we participate like any other law for some organization. mike evaluators, when they go out to a post go to the volunteer side and said an interview individual volunteers and tell them that they will not use their name. they're trying to find out how well peace corps is supporting volunteers, so they do not use their names. the average information and bring it back so that we can ensure report to the agency to tell them that you have these problems in this area that volunteers in the field support in another area, things of that nature. we have professional staff and to comply with all of the federally mandated laws. >> thank you, and you do say that there has never been an instance in the office of attorney general being implicated in an improper disclosure of an identity.

is that correct? >> yes. >> and there never will be, whether? >> no, there will not. >> well, i thank you for testifying here today. we take your testimony seriously >> thank you. >> mr. chairman, i yield back. >> i think the gentleman. before recognize myself for five minutes of questioning i would ask that additional documents that followed the by a letter addressed to the director of office management and budget on these issues and signed by our chairmen and ranking member as well as corresponding chairman and ranking member of the senate be introduced into the record. >> without objection it will be introduced. >> i think the witnesses for being here as well and for carrying on with this continued investigation to make sure that your work is accomplished.

mr. horowitz, i still remember our first meeting in my office when you came in after your appointment and how the rich you were about saying my job is to be the lng and to get to the bottom of the issue regardless of where we find ourselves, and i appreciate that. let me ask you a question relative to a fairly high profile investigation that we have been involved with as well as you. restrictions or limitations on your ability to access documents in your investigation into the operation fast and furious? >> that is one of them, the investigations were the issue was first raised back in 2011. >> did you have to make document requests in writing? >> we did, and the issues came up both in the context of our request for grand jury information which, as you know, given the case was a criminal

case where many as well as wiretap information. as you know from our report, there were many. >> along did it take three to get access? >> it took many months for this issue to be resolved, and it was resolved through an order be issued by the, not through our independent access pursuant to the ig act. >> collaborate on that last statement. >> in our view we have a right as congress has laid out in the ig act and section 68 to get the materials last four. and we as storage areas we ask for relevant information, responsive and permission, and in our view we are entitled by law. congress has been the fbi and the components of taken the view that the idea to wrap it does not mean that. indeed, we have been told that that was the office of legal counsel preliminary view and it was not sure that the ig x meant what it said. as a result required an order of

the attorney general and deputy attorney general to the component that said, i find these reviews of assistance to me as the of the department and therefore you can give the ig those materials. >> how has the requirement that the allies see obtain written permission to access documents related to fast and furious operation affected your office's ability to conduct the complete devastation in the matter? >> it frequently has the impact of delaying our reviews have only because we have to go through that process to the of the apartment but also because, frankly, it encourages other objections by zero components of other issues. for example, personally and the vital information. that issue was drawn up and down to one hour of our reviews and sexual misconduct. a frivolous objection after many months of back-and-forth was

withdrawn. >> your independence. >> it compromises in my view entirely. i should not have to go to the people live overseas for approval to get records. congress, i don't think, intended that. it would undercut in everywhere independence. >> i appreciate that. let me ask questions of each of the panelists. other than the reason described of a letter from 47 ids what tactics to agencies use to deny 0ig access to agency records and documents? >> we have had instances where our situation and the issue has bled into other areas. for example, they redid the case crime reporting management system for standard reports and when they did that we were

denied access to that for no reason because they were not restricted. >> unexpected places. >> in my case they stand information. and then there was to be a discussion on the other seven pieces of information. continually fighting in going back in meetings and at the end of the day a year later you still don't have the information and in the back of my mind, the

taxpayers' dollars that are going out and being used on the agency side and on my shop side to be able to solve the issues that the ig access when we ask for information, we are supposed to get it immediately and probably if we had received the cash register would not continually be ringing. >> as a result of the position that the ig acts may not mean what it says the fbi is put in place in our instance the general council reviewing all of the materials and all of our requests for materials before they come to us. that requires revue's by lawyers at the fbi, the ways is getting access and its -- a concrete example of what that means in our view that we are doing, we asked one of the seven components within the fbi for organizational chart. they told us they could not give

it directly to us because of a standing requirement. materialize to go to the office of general counsel first. we were delayed for weeks and even getting organizational charts. that should not be happening. that is a waste of money. we have an entitlement. i am not sure what use there is of the resources of the fbi audio page web page. >> thank you. my time has expired. i now recognize the gentle lady from eleanor. >> thank you, mr. chairman. inspector general plays a key role in making the government more honest and efficient, effective and insuring taxpayer money. obstruction of the work is simply not acceptable. i take the concerns being aired today seriously and up to the messes that my colleagues and meyerson the is heard loud and

clear. i would like to discuss the concerns that i have with the office of security. and on may 7th of this year the assistant inspector general for investigations testify before the committee to raise the number of access concerns specifically mr. sullivan expressed frustration that the epa office of homeland security was denying access to important classified threats that was impeding your ability to investigate threats against epa facilities and its employees. he also testified that outrage has refused to share misconduct cases with his office because 08 chess believed it was co-facto law enforcement organization in itself. finally, raising concerns that 08 test does not recognize the ig statutory authority over intrusions' of the computer network, apparently denying

access to classified information related to possible cyber intrusion. is that a fair summary of your concerns with the oas office after epa? >> yes, ma'am. that is a fair characterization. >> thank you. i understand from your testimony today that you continue to have problems with access to intimation from oas. >> as correct. >> in june june 19th of this year epa administrator sent a memo go. >> that's correct. >> i do not recall that. >> working effectively and cooperatively. >> i do recall that. >> apparent. -understanding is attempts to construct a framework for better cooperation class section five of the memo lays out a dispute resolution process. has that process been used by

your office? we still have the same issues that we had at the date of that letter. if there was a dispute process that was used it does not work and i am not been a part of it. >> to crack. steer you think that it should or could be further enhanced? or do you think that that is something that is hindering your work? >> at think that the ig says all means all. that is exactly what it means. a dispute resolution process. it can be negotiated and i am totally against it. >> the committee staff attempted to assist you resolving this impact?

>> what steps do you think would be helpful to resolve some of the disputes? >> ultimately the administrator is to send a clear message that the ig act requires absolute cooperation with the ig. if that message is sent to think everything would change. and until we get some clear message from the administrator to that effect i think the status quo will continue. >> to facto law enforcement agency? >> can you repeat the question. >> do you think that administrator mccarthy from what he has said the support in this non law and not sending out, you ow