GOP urges FTC to address alleged record destruction.
A Trio of Republican Lawmakers Demand Answers from the FTC
A trio of Republican lawmakers is demanding answers from the Federal Trade Commission (FTC) regarding the preservation of records. They have raised concerns about the improper destruction of documents sought by congressional investigators.
Sen. Ted Cruz (R-TX), the ranking member of the Committee on Commerce, Science, and Transportation, has joined forces with two House chairmen to write a letter to FTC Chairwoman Lina Khan. The letter, obtained exclusively by The Daily Wire, seeks information about the retention policies and practices for records at the agency responsible for antitrust enforcement and consumer protection.
The lawmakers assert that the FTC may have violated federal law by deleting records. They also claim that the agency has hindered congressional oversight of its recent actions, including the proposed rule banning non-compete clauses.
House Judiciary Chairman Jim Jordan (R-OH) and Oversight Chairman James Comer (R-KY), who also signed the letter, had previously requested details on the proposed rule. They argued that the rule exceeds the Commission’s authority and infringes upon principles of federalism and free markets.
The FTC responded three months later, admitting that it had deleted material likely responsive to the Committee’s requests. This included records of the employee from the Consumer Financial Protection Bureau who led the FTC’s rulemaking.
The lawmakers express dissatisfaction with the FTC’s record retention policy. They demand answers regarding the deletion of documents related to a rulemaking that was expected to face litigation, FOIA requests, and congressional oversight. Additionally, they question how federal records from senior advisors at the FTC could be deleted, regardless of any litigation or holds on the documents.
The letter also references a report from the FTC’s Office of Inspector General (OIG) that highlighted challenges faced by the agency in complying with National Archives and Records Administration (NARA) requirements. The report noted that the FTC had made progress in some areas of records management but still struggled with setting up automated practices for proper storage and disposal of records.
The lawmakers emphasize that the Federal Records Act imposes record-keeping requirements on agencies and criticize the FTC for its struggles to comply with the law.
Demands for Answers
The Republican lawmakers demand written answers and relevant documents regarding the FTC’s response to previous requests for information. They also seek information on the agency’s efforts to address issues with file management practices. The lawmakers have set a deadline of August 31.
“Congress and the public deserve an explanation of why the FTC improperly destroyed records, what records were destroyed, and what steps will be taken to prevent such incidents in the future,” the lawmakers wrote.
An FTC spokesperson has confirmed that the agency has received the letter.
“The FTC maintains records in accordance with federal law, including Federal Information Security Management Act requirements on the retention and disposal of records for security purposes,” the spokesperson added.
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