The Honorable Steven T. Mnuchin, Secretary, Department of the Treasury (July 29, 2020)

Summary

A letter dated July 29, 2020 to Treasury Secretary Steven T. Mnuchin from James E. Clyburn, Chairman of the Select Subcommittee on the Coronavirus Crisis, Peter A. DeFazio, Chairman of the Committee on Transportation and Infrastructure, and Maxine Waters, Chairwoman of the Committee on Financial Services. The letter states concerns about the Treasury Department's administration of the Payroll Support Program, saying Treasury is providing hundreds of millions of dollars to at least twelve airline industry contractors that recently laid off thousands of workers. It names Gate Gourmet (more than $171 million) and Swissport USA (more than $170 million) among the recipients. It asks for documents and written answers by August 12, 2020, and an appendix lists contractors with agreement dates and payment amounts.

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Issuer: Congressional materials
Document type: 2020 07 29 Clyburn Defazio Waters To Mnuchin Treasury Re Payroll Support Program 29D802E4D
Date: 2020-07-29
Case: 2020 07 29 Clyburn Defazio Waters To Mnuchin Treasury Re Payroll Support Program 29D802E4Da3C

Cite this document

“The Honorable Steven T. Mnuchin, Secretary, Department of the Treasury (July 29, 2020).” Dated 2020-07-29. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-07-29-2020-07-29-clyburn-defazio-waters-to-mnuchin-treasury-re-payroll-support-program-29d802e4da3c/, SHA-256 29d802e4da3cc87843daf64b52242a2e51d7c6808c3500eb33b3dd059f23bd26.

Full text

July 29, 2020

The Honorable Steven T. Mnuchin
Secretary
Department of the Treasury
1500 Pennsylvania Avenue, N.W.
Washington, D.C. 20220

Dear Secretary Mnuchin:

We are writing regarding our concerns with the Treasury Department’s administration of
the Payroll Support Program. Congress created this program to “preserve aviation jobs” by
providing wage assistance to companies in exchange for keeping workers on the payroll. 1
Despite Congress’ clear intent, Treasury is providing hundreds of millions of taxpayer dollars to
at least twelve airline industry contractors that recently laid off thousands of workers. Giving
payroll support to companies that engaged in mass layoffs is not only contrary to congressional
intent, but also wastes taxpayer dollars by covering the cost of payroll for employees that have
already been laid off. We urge Treasury to stop providing taxpayer-funded payroll support for
workers that have been laid off and to recover any funds that were inappropriately awarded.

The Coronavirus Aid, Relief, and Emergency Security (CARES) Act authorized Treasury
to provide up to $32 billion to “preserve aviation jobs and compensate air carrier industry
workers,” including contractors providing services to the aviation industry. Under the Act,
Payroll Support Program funds must be used exclusively to pay employee wages, salaries, and
benefits. 2 To receive these funds, recipients must “refrain from conducting involuntary
furloughs or reducing pay rates and benefits until September 30, 2020.” 3 The maximum amount
of assistance available under the Program is calculated based on the compensation that was paid
to employees from April through September 2019. 4

Gate Gourmet, Swissport USA, Flying Food Fare, and G2 Secure Staff are four of the top
contractor recipients of Payroll Support Program funds. Yet according to media reports and state
agency disclosures, these companies laid off thousands of workers before signing Payroll
Support Program agreements with the Treasury Department. 5 They are not alone. As set forth in
the Appendix to this letter, we have identified at least eight other contractors that conducted

1
Coronavirus Aid, Relief, and Emergency Security Act, Pub. L. No. 116-136, § 4112(a) (2020).
2
Id.
3
Id. § 4114(a)(1).
4
Id. § 4113(a)(3).
5
See, e.g., The Airline Bailout Loophole: Companies Laid Off Workers, Then Got Money Meant to Prevent
Layoffs, ProPublica (July 7, 2020) (online at www.propublica.org/article/the-airline-bailout-loophole-companies-
laid-off-workers-then-got-money-meant-to-prevent-layoffs).
The Honorable Steven T. Mnuchin
Page 2

significant layoffs after the CARES Act was enacted and prior to executing a payroll assistance
agreement through the Payroll Support Program. Because the amount of assistance awarded to
each company was calculated based on their 2019 payroll figures, the Treasury Department
appears to be distributing taxpayer funds to help preserve jobs that have already been eliminated.

Gate Gourmet is expected to receive more than $171 million from the Payroll Support
Program—more than any other contractor so far. 6 Since the CARES Act was signed into law,
Gate Gourmet has laid off more than 3,500 workers in California, Georgia, Illinois, and New
York alone. 7 The company applied for financial assistance through the Payroll Support Program
on or about April 9, 2020, 8 but it did not execute its agreement with the Treasury until June 19,
2020. 9 Most of its layoffs occurred in the two months between Gate Gourmet’s application for
payroll assistance and its executed agreement with Treasury.

Swissport USA is slated to receive the second-highest payroll award to any aviation
contractor—more than $170 million. Swissport signed its agreement with Treasury on July 10,
2020. 10 Yet in the weeks prior to executing that agreement, Swissport announced the layoffs of
at least 2,840 workers in Florida, Michigan, New York, Virginia, and Washington. 11

6
Department of the Treasury, Payroll Support Program Payments (online at
https://home.treasury.gov/policy-issues/cares/preserving-jobs-for-american-industry/payroll-support-program-
payments).
7
See State of California, Employment Development Department, WARN Report (07/01/2019 – 06/30/2020)
(online at https://edd.ca.gov/Jobs_and_Training/warn/WARN-Report-for-7-1-2019-to-6-30-2020.pdf) (766 workers
temporarily laid off on March 30; 143 workers laid off permanently on May 20); State of Georgia, Department of
Labor, Business Layoff/Closure Listing (Statewide, 2020) (online at
www.dol.state.ga.us/public/es/warn/searchwarns) (2,052 workers laid off on May 7); State of Illinois, Department of
Commerce and Economic Opportunity, Archived Warn Reports (online at
www.illinoisworknet.com/LayoffRecovery/Pages/ArchivedWARNReports.aspx) (6 workers temporarily furloughed
on April 15; 299 workers permanently laid off on May 20; and 38 workers permanently laid off on June 5); New
York State, Department of Labor, Worker Adjustment and Retraining Notification (online at
https://labor.ny.gov/app/warn/) (263 workers separated on March 31 and permanently laid off on May 20).
8
International Brotherhood of Teamsters, Press Release: Teamsters at Gate Gourmet to Receive Paycheck
Protections (Apr. 9, 2020) (online at https://teamster.org/2020/04/teamsters-gate-gourmet-receive-paycheck-
protections/).
9
Department of the Treasury, Payroll Support Program Payments (online at
https://home.treasury.gov/policy-issues/cares/preserving-jobs-for-american-industry/payroll-support-program-
payments).
10
Id.
11
See State of Florida, Department of Economic Opportunity, 2020 Worker Adjustment and Retraining
Notification Notices (online at http://reactwarn.floridajobs.org/WarnList/Records?year=2020&page=9) (685 workers
furloughed and 255 workers laid off between March 13 and June 30; 402 workers laid off between May 1 and June
30); State of Michigan, Department of Labor and Economic Opportunity, Warn Notices (online at
www.michigan.gov/leo/0,5863,7-336-78421_95539_64178_64179---Y_2020,00.html) (55 workers laid off between
April 25 and June 30); New York State, Department of Labor, Worker Adjustment and Retraining Notification
(online at https://labor.ny.gov/app/warn/details.asp?id=8749) (892 workers laid off between March 13 and June 30);
Commonwealth of Virginia, Virginia Employment Commission, WARN Notices (online at
www.vec.virginia.gov/warn-notices) (489 workers laid off on June 22); State of Washington, Employment Security
Division, Worker Adjustment and Retraining Notification (online at https://esd.wa.gov/about-employees/WARN)
(62 workers laid off on May 22).
The Honorable Steven T. Mnuchin
Page 3

Flying Food executed its agreement for $85 million in payroll support on June 15,
2020. 12 Prior to signing this agreement, it laid off more than 800 employees in Arizona,
California, and Hawaii alone. 13

G2 Secure Staff, which signed its deal for $81 million in payroll support on June 9,
14
2020, laid off nearly 400 workers in Michigan, Georgia, Colorado, Virginia, and California on
the day the CARES Act was signed into law. 15

Awarding payroll support to preserve jobs that have already been terminated wastes
government resources and is inconsistent with the CARES Act. The Treasury has defended these
awards, asserting that it “implemented the CARES Act as written” and that its “hands are tied.” 16
But the CARES Act authorized payroll support only to “preserve aviation jobs and compensate
air carrier industry workers.” 17 In the CARES Act, Congress also gave the Treasury Secretary
discretion to determine the “appropriate” “terms and conditions” of the payroll assistance. 18 This
authority includes the ability to “clawback” funds when a company does not “honor [its]

12
Department of the Treasury, Payroll Support Program Payments (online at
https://home.treasury.gov/policy-issues/cares/preserving-jobs-for-american-industry/payroll-support-program-
payments).
13
Airline Catering Company Lays Off Kauai, Hawaii Island Employees Due to COVID, Pacific Business
News (May 20, 2020) (online at www.bizjournals.com/pacific/news/2020/05/20/airline-catering-company-hawaii-
layoffs.html); State of Hawaii, Workforce Development Council, 2020 Real-time WARN Updates (online at
http://labor.hawaii.gov/wdc/real-time-warn-updates/) (584 workers laid off on April 17); State of California,
Employment Development Department, WARN Report (07/01/2019 – 06/30/2020) (online at
https://edd.ca.gov/Jobs_and_Training/warn/WARN-Report-for-7-1-2019-to-6-30-2020.pdf) (214 workers
permanently laid off on April 24); State of Arizona, WARN Listing Properties (online at
www.azjobconnection.gov/ada/mn_warn_dsp.cfm?id=481&callingfile=mn_warn_dsp.cfm7hash=7abd59a2575fb7b
416a502f05dcb0b11) (96 workers laid off on April 10).
14
Department of the Treasury, Payroll Support Program Payments (online at
https://home.treasury.gov/policy-issues/cares/preserving-jobs-for-american-industry/payroll-support-program-
payments).
15
See State of Georgia, Department of Labor, Business Layoff/Closure Listing (Statewide, 01/01/2020 –
07/20/2020) (online at www.dol.state.ga.us/public/es/warn/searchwarns) (122 workers laid off on March 27); Letter
from Tonya Holt, Corporate Counsel, G2 Secure Staff LLC to Brian Marcotte, WIOA Dislocated Services Section
Manager, Michigan Workforce Development – Targeted Services Division (Apr. 10, 2020) (online at
www.michigan.gov/documents/leo/2020-04-13_DTW_WARN_686974_7.pdf) (68 workers laid off effective March
27); Letter from Tonya Holt, Corporate Counsel, G2 Secure Staff LLC to Karen Hoopes, Statewide WARN Act
Coordinator, Colorado Department of Labor (Apr. 7, 2020) (online at
https://drive.google.com/file/d/1tVgNmlTFIKIUVGl2gevaQKyXUw_zeNyQ/view) (123 workers laid off effective
March 27); Commonwealth of Virginia, Virginia Employment Commission, WARN Notices (online at
www.vec.virginia.gov/warn-notices) (66 workers temporarily laid off on March 27); see also Texas Aviation
Services Company Lays Off Workers in Atlanta, Atlanta Business Chronicle (Apr. 22, 2020) (online at
www.bizjournals.com/atlanta/news/2020/04/22/texas-aviation-services-company-lays-off-workers.html).
16
The Airline Bailout Loophole: Companies Laid Off Workers, Then Got Money Meant to Prevent Layoffs,
ProPublica (July 7, 2020) (online at www.propublica.org/article/the-airline-bailout-loophole-companies-laid-off-
workers-then-got-money-meant-to-prevent-layoffs).
17
Coronavirus Aid, Relief, and Emergency Security Act, Pub. L. No. 116-136, § 4112(a) (2020).
18
Id. § 4113(b)(1)(A).
The Honorable Steven T. Mnuchin
Page 4

assurances” to refrain from conducting layoffs or furloughs. 19 Consistent with these provisions,
Treasury’s program application procedures explain that Treasury has “discretion” to determine
the “awardable amount” and that the “maximum potential amount of payroll assistance [is] …
the compensation paid by the applicant to its employees from April 1, 2019, through September
30, 2019.” 20

To implement this program as Congress intended, we urge you to exercise your discretion
under the CARES Act and reduce payroll assistance to companies that have conducted layoffs,
unless the companies rehire such workers. While we recognize that some of these companies
may have a legitimate need for payroll support to retain current employees, that need does not
extend to employees who have already been terminated.

We are examining why Treasury provided contractors with taxpayer funds to support jobs
that no longer exist and the amount of taxpayer funds that has been inappropriately awarded. To
assist us with this investigation, please produce by August 12, 2020, the following documents
and information from March 1, 2020, to the present:

1. All documents and communications related to the Payroll Support Program
application, enrollment, or funding award for any of the contractors listed in the
Appendix, including but not limited to:

a. the contractor’s Payroll Support Program application, including any
addendums, modifications, or subsequently submitted revisions as well as
any other document containing the assurances required by Section 4114(a)
of the CARES Act;
b. draft and final payroll support agreement between the contractor and the
Treasury Department;
c. all communications between the contractor and the Treasury Department
related to the Payroll Support Program;
d. all internal and external communications and documents regarding the
eligibility of the contractor for the Payroll Support Program or the
awardable amount for the contractor; and
e. any internal and external communications or documents regarding the
contractor’s layoffs or furloughs; and

2. All documents and communications regarding the Treasury Department’s
assessment of whether employees laid off or furloughed during the coronavirus
crisis impact a company’s eligibility for the Payroll Support Program or the
amount of payroll assistance that may be awarded. This request seeks

19
Id.
20
Department of the Treasury, Guidelines and Application Procedures for Payroll Support to Air Carriers
and Contractors under Division A, Title IV, Subtitle B of the Coronavirus Aid, Relief, and Economic Security Act
(Mar. 30, 2020) (online at
https://home.treasury.gov/system/files/136/Guidelines%20and%20Procedures%20for%20Payroll%20Support%20to
%20Air%20Carriers%20and%20Contractors.pdf) (emphasis added).
The Honorable Steven T. Mnuchin
Page 5

programmatic discussions or guidance as well as the Treasury Department’s
consideration of any specific applicants, including but not limited to the
contractors listed in the Appendix.

In addition, please provide written responses to the following questions by August 12,
2020:

1. Is the Treasury Department aware of any other Payroll Support Program
applicants (including passenger carriers, cargo carriers, and contractors) beyond
the contractors identified in the Appendix that conducted layoffs or furloughs
after March 1, 2020? If so, please provide a list of such companies, the number of
workers impacted, the location of those workers, the dates on which the layoffs or
furloughs were noticed, and the dates on which the layoffs or furloughs occurred.
In responding to this question, please include information for any company whose
application is currently pending, in addition to companies who have executed
payroll support agreements.

a. For any company identified in response to this request, please produce all
documents related to that company responsive to Request 1.

2. Gate Gourmet filed its application for payroll assistance on or around April 9,
2020, but its agreement was not executed until June 19, 2020. Please describe the
reason for that delay.

3. Was the Treasury Department aware of layoffs or furloughs conducted by any of
the contractors listed in the Appendix between the date of their applications for
payroll support assistance and the date on which they executed their agreements
with the Treasury Department? If so, when and how did the Treasury Department
become aware?

We also request a staff briefing on these issues by August 12, 2020.

An attachment to this letter provides additional instructions for responding to these
requests. If you have any questions regarding these requests, please contact Select
Subcommittee staff at (202) 225-4400.

Sincerely,

__________________________ __________________________
James E. Clyburn Peter A. DeFazio
Chairman Chairman
Select Subcommittee on the Coronavirus Crisis Committee on Transportation and
Infrastructure
The Honorable Steven T. Mnuchin
Page 6

__________________________
Maxine Waters
Chairwoman
Committee on Financial Services

Enclosures

cc: The Honorable Steve Scalise, Ranking Member,
Select Subcommittee on the Coronavirus Crisis

The Honorable Sam Graves, Ranking Member,
Committee on Transportation and Infrastructure

The Honorable Patrick McHenry, Ranking Member,
Committee on Financial Services
The Honorable Steven T. Mnuchin
Page 7

APPENDIX

CONTRACTORS KNOWN TO HAVE ACCEPTED PAYROLL SUPPORT
ASSISTANCE FOLLOWING LAYOFFS

Contractor Payroll Assistance Total Known Layoffs/
Agreement Date i Anticipated Furloughs Following
Payroll Enactment of the
Support ii CARES Act
iii
Gate Gourmet 6/19/2020 $171,424,598 3,567
Swissport USA 7/10/2020 $170,359,789 2,840 iv
Flying Food Fare 6/15/2020 $85,020,818 894 v
G2 Secure Staff 6/9/2020 $81,380,837 379 vi
Nordam Group 6/19/2020 $54,044,828 210 vii
Aviation Technical 6/15/2020 $39,949,510 142 viii
Services
Haeco Airframe 6/2/2020 $35,993,499 514 ix
Services
Constant Aviation 5/22/2020 $23,271,516 52 x
Prosegur Services 6/2/2020 $22,620,474 351 xi
Group
Total Airport 5/22/2020 $20,828,745 68 xii
Services
JetStream Ground 5/19/2020 $13,117,705 176 xiii
Services
ACTS-Aviation 6/24/2020 $10,829,005 90 xiv
Security

i
Department of the Treasury, Payroll Support Program Payments (online at
https://home.treasury.gov/policy-issues/cares/preserving-jobs-for-american-industry/payroll-support-program-
payments).
ii
Id.
iii
See State of California, Employment Development Department, WARN Report (07/01/2019 –
06/30/2020) (online at https://edd.ca.gov/Jobs_and_Training/warn/WARN-Report-for-7-1-2019-to-6-30-2020.pdf)
(766 workers temporarily laid off on March 30; 143 workers laid off permanently on May 20); State of Georgia,
Department of Labor, Business Layoff/Closure Listing (Statewide, 2020) (online at
www.dol.state.ga.us/public/es/warn/searchwarns) (2,052 workers laid off on May 7); State of Illinois, Department of
Commerce and Economic Opportunity, Archived Warn Reports (online at
www.illinoisworknet.com/LayoffRecovery/Pages/ArchivedWARNReports.aspx) (6 workers temporarily furloughed
on April 15; 299 workers permanently laid off on May 20; and 38 workers permanently laid off on June 5); New
York State, Department of Labor, Worker Adjustment and Retraining Notification (online at
https://labor.ny.gov/app/warn/) (263 workers separated on March 31 and permanently laid off on May 20).
iv
See State of Florida, Department of Economic Opportunity, 2020 Worker Adjustment and Retraining
Notification Notices (online at http://reactwarn.floridajobs.org/WarnList/Records?year=2020&page=9) (685 workers
furloughed and 255 workers laid off between March 13 and June 30; 402 workers laid off between May 1 and June
30); State of Michigan, Department of Labor and Economic Opportunity, Warn Notices (online at
The Honorable Steven T. Mnuchin
Page 8

www.michigan.gov/leo/0,5863,7-336-78421_95539_64178_64179---Y_2020,00.html) (55 workers laid off between
April 25 and June 30); New York State, Department of Labor, Worker Adjustment and Retraining Notification
(online at https://labor.ny.gov/app/warn/details.asp?id=8749) (892 workers laid off between March 13 and June 30);
Commonwealth of Virginia, Virginia Employment Commission, WARN Notices (online at
www.vec.virginia.gov/warn-notices) (489 workers laid off on June 22); State of Washington, Employment Security
Division, Worker Adjustment and Retraining Notification (online at https://esd.wa.gov/about-employees/WARN)
(62 workers laid off on May 22).
v
Airline Catering Company Lays Off Kauai, Hawaii Island Employees Due to COVID, Pacific Business
News (May 20, 2020) (online at www.bizjournals.com/pacific/news/2020/05/20/airline-catering-company-hawaii-
layoffs.html); State of Hawaii, Workforce Development Council, 2020 Real-time WARN Updates (online at
http://labor.hawaii.gov/wdc/real-time-warn-updates/) (584 workers laid off on April 17); State of California,
Employment Development Department, WARN Report (07/01/2019 – 06/30/2020) (online at
https://edd.ca.gov/Jobs_and_Training/warn/WARN-Report-for-7-1-2019-to-6-30-2020.pdf) (214 workers
permanently laid off on April 24); State of Arizona, WARN Listing Properties (online at
www.azjobconnection.gov/ada/mn_warn_dsp.cfm?id=481&callingfile=mn_warn_dsp.cfm7hash=7abd59a2575fb7b
416a502f05dcb0b11) (96 workers laid off on April 10).
vi
See State of Georgia, Department of Labor, Business Layoff/Closure Listing (Statewide, 01/01/2020 –
07/20/2020) (online at www.dol.state.ga.us/public/es/warn/searchwarns) (122 workers laid off on March 27); Letter
from Tonya Holt, Corporate Counsel, G2 Secure Staff LLC to Brian Marcotte, WIOA Dislocated Services Section
Manager, Michigan Workforce Development – Targeted Services Division (Apr. 10, 2020) (online at
www.michigan.gov/documents/leo/2020-04-13_DTW_WARN_686974_7.pdf) (68 workers laid off effective March
27); Letter from Tonya Holt, Corporate Counsel, G2 Secure Staff LLC to Karen Hoopes, Statewide WARN Act
Coordinator, Colorado Department of Labor (Apr. 7, 2020) (online at
https://drive.google.com/file/d/1tVgNmlTFIKIUVGl2gevaQKyXUw_zeNyQ/view) (123 workers laid off effective
March 27); Commonwealth of Virginia, Virginia Employment Commission, WARN Notices (online at
www.vec.virginia.gov/warn-notices) (66 workers temporarily laid off on March 27); see also Texas Aviation
Services Company Lays Off Workers in Atlanta, Atlanta Business Chronicle (Apr. 22, 2020) (online at
www.bizjournals.com/atlanta/news/2020/04/22/texas-aviation-services-company-lays-off-workers.html).
vii
State of Oklahoma, Oklahoma Works, WARN Notices (online at
https://okjobmatch.com/ada/mn_warn_dsp.cfm?id=737&callingfile=mn_warn_dsp.cfm&hash=755CE9176F2316CF
BA2E0A8418DABE75) (210 workers affected by notice dated April 2).
viii
State of Washington, Employment Security Department, Worker Adjustment and Retraining Notification
(WARN) (online at https://esd.wa.gov/about-employees/WARN) (142 workers permanently laid-off on June 4).
ix
Letter from Stephen Coley, General Manager, HAECO to Steven Gustafson, State Trade and Rapid
Response Coordinator, REACT Program, State of Florida (Apr. 13, 2020) (online at
www.documentcloud.org/documents/6863817-HAECO-Airframe-Services-LLC-Lake-City.html) (514 workers laid
off between April 30 and May 31).
x
State of Ohio, Department of Job and Family Services, WARN: Current Public Notices of Layoffs and
Closures (online at https://jfs.ohio.gov/warn/current.stm) (52 workers laid-off between May 10-15).
xi
New York State, Department of Labor, Worker Adjustment and Retraining Notification (online at
https://labor.ny.gov/app/warn/details.asp?id=8501) (103 workers laid-off on May 31); State of Maryland,
Department of Labor, Work Adjustment and Retraining Notification (WARN) Log Year 2020 – Division of
Workforce Development & Adult Learning (online at www.dllr.state.md.us/employment/warn.shtml) (27 workers
laid-off on May 18); State of California, Employment Development Department, WARN Report (07/01/2019 –
06/30/2020) (online at https://edd.ca.gov/Jobs_and_Training/warn/WARN-Report-for-7-1-2019-to-6-30-2020.pdf)
(221 workers temporarily laid-off on March 31).
xii
State of Texas, Texas Workforce Commission, Worker Adjustment and Retraining Notification (WARN)
Notices (online at www.twc.texas.gov/businesses/worker-adjustment-and-retraining-notification-warn-
notices#warnNotices) (68 workers laid-off on April 24).
The Honorable Steven T. Mnuchin
Page 9

xiii
State of California, Employment Development Department, WARN Report (07/01/2019 – 06/30/2020)
(online at https://edd.ca.gov/Jobs_and_Training/warn/WARN-Report-for-7-1-2019-to-6-30-2020.pdf) (176 workers
laid-off on April 22).
xiv
State of Georgia, Department of Labor, Business Layoff/Closure Listing (Statewide, 01/01/2020 –
07/20/2020) (online at www.dol.state.ga.us/public/es/warn/searchwarns) (90 workers laid-off on April 30).
Responding to Oversight Committee Document Requests

1. In complying with this request, produce all responsive documents that are in your
possession, custody, or control, whether held by you or your past or present agents,
employees, and representatives acting on your behalf. Produce all documents that you
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well as documents that you have placed in the temporary possession, custody, or control
of any third party.

2. Requested documents, and all documents reasonably related to the requested documents,
should not be destroyed, altered, removed, transferred, or otherwise made inaccessible to
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3. In the event that any entity, organization, or individual denoted in this request is or has
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include that alternative identification.

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5. Documents produced in electronic format should be organized, identified, and indexed
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contents.

8. Documents produced in response to this request shall be produced together with copies of
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14. If compliance with the request cannot be made in full by the specified return date,
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asserted; (b) the type of document; (c) the general subject matter; (d) the date, author,
addressee, and any other recipient(s); (e) the relationship of the author and addressee to
each other; and (f) the basis for the privilege(s) asserted.

16. If any document responsive to this request was, but no longer is, in your possession,
custody, or control, identify the document (by date, author, subject, and recipients), and
explain the circumstances under which the document ceased to be in your possession,
custody, or control.

17. If a date or other descriptive detail set forth in this request referring to a document is
inaccurate, but the actual date or other descriptive detail is known to you or is otherwise
apparent from the context of the request, produce all documents that would be responsive
as if the date or other descriptive detail were correct.

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18. This request is continuing in nature and applies to any newly-discovered information.
Any record, document, compilation of data, or information not produced because it has
not been located or discovered by the return date shall be produced immediately upon
subsequent location or discovery.

19. All documents shall be Bates-stamped sequentially and produced sequentially.

20. Two sets of each production shall be delivered, one set to the Majority Staff and one set
to the Minority Staff. When documents are produced to the Committee, production sets
shall be delivered to the Majority Staff in Room 2157 of the Rayburn House Office
Building and the Minority Staff in Room 2105 of the Rayburn House Office Building.

21. Upon completion of the production, submit a written certification, signed by you or your
counsel, stating that: (1) a diligent search has been completed of all documents in your
possession, custody, or control that reasonably could contain responsive documents; and
(2) all documents located during the search that are responsive have been produced to the
Committee.

Definitions

1. The term “document” means any written, recorded, or graphic matter of any nature
whatsoever, regardless of how recorded, and whether original or copy, including, but not
limited to, the following: memoranda, reports, expense reports, books, manuals,
instructions, financial reports, data, working papers, records, notes, letters, notices,
confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers,
prospectuses, communications, electronic mail (email), contracts, cables, notations of any
type of conversation, telephone call, meeting or other inter-office or intra-office
communication, bulletins, printed matter, computer printouts, teletypes, invoices,
transcripts, diaries, analyses, returns, summaries, minutes, bills, accounts, estimates,
projections, comparisons, messages, correspondence, press releases, circulars, financial
statements, reviews, opinions, offers, studies and investigations, questionnaires and
surveys, and work sheets (and all drafts, preliminary versions, alterations, modifications,
revisions, changes, and amendments of any of the foregoing, as well as any attachments
or appendices thereto), and graphic or oral records or representations of any kind
(including without limitation, photographs, charts, graphs, microfiche, microfilm,
videotape, recordings and motion pictures), and electronic, mechanical, and electric
records or representations of any kind (including, without limitation, tapes, cassettes,
disks, and recordings) and other written, printed, typed, or other graphic or recorded
matter of any kind or nature, however produced or reproduced, and whether preserved in
writing, film, tape, disk, videotape, or otherwise. A document bearing any notation not a
part of the original text is to be considered a separate document. A draft or non-identical
copy is a separate document within the meaning of this term.

2. The term “communication” means each manner or means of disclosure or exchange of
information, regardless of means utilized, whether oral, electronic, by document or
otherwise, and whether in a meeting, by telephone, facsimile, mail, releases, electronic

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message including email (desktop or mobile device), text message, instant message,
MMS or SMS message, message application, or otherwise.

3. The terms “and” and “or” shall be construed broadly and either conjunctively or
disjunctively to bring within the scope of this request any information that might
otherwise be construed to be outside its scope. The singular includes plural number, and
vice versa. The masculine includes the feminine and neutral genders.

4. The term “including” shall be construed broadly to mean “including, but not limited to.”

5. The term “Company” means the named legal entity as well as any units, firms,
partnerships, associations, corporations, limited liability companies, trusts, subsidiaries,
affiliates, divisions, departments, branches, joint ventures, proprietorships, syndicates, or
other legal, business or government entities over which the named legal entity exercises
control or in which the named entity has any ownership whatsoever.

6. The term “identify,” when used in a question about individuals, means to provide the
following information: (a) the individual’s complete name and title; (b) the
individual’s business or personal address and phone number; and (c) any and all
known aliases.

7. The term “related to” or “referring or relating to,” with respect to any given subject,
means anything that constitutes, contains, embodies, reflects, identifies, states, refers to,
deals with, or is pertinent to that subject in any manner whatsoever.

8. The term “employee” means any past or present agent, borrowed employee, casual
employee, consultant, contractor, de facto employee, detailee, fellow, independent
contractor, intern, joint adventurer, loaned employee, officer, part-time employee,
permanent employee, provisional employee, special government employee,
subcontractor, or any other type of service provider.

9. The term “individual” means all natural persons and all persons or entities acting on
their behalf.

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Our copy: 2020-07-29-clyburn-defazio-waters-to-mnuchin-treasury-re-payroll-support-program-29d802e4da3c.pdf
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