Chaffetz subpoenas docs on OPM data breach

Rep. Jason Chaffetz has subpoenaed the Office of Personnel Management’s acting secretary for documents relating to last year’s massive data breach, which compromised the personal information of 21.5 million Americans.

Chaffetz, who chairs the House Oversight and Government Reform Committee, has sought OPM documents related to the breach since last summer after holding several hearings into the hack, how and when it occurred, and the antiquated technology that made it possible.

The Utah Republican said OPM, under Beth Cobert’s leadership, is not cooperating with his investigation and has failed to hand over documents the committee has repeatedly requested.

“We made a commitment to the American people to ensure a hack of this nature never happens again,” Chaffetz said in a statement Wednesday. “The documents we’ve repeatedly requested be provided to this committee are essential to fulfilling that promise.”

Despite assurances of cooperation with his committee’s investigation, Chaffetz said Cobert has not followed through.

“I’m disappointed Ms. Cobert is not working in good faith with the committee,” he said. “I will use all available remedies to obtain the information needed to conduct a thorough and meaningful investigation.”

His subpoena comes one day before Cobert faces the Senate Homeland Security and Government Affairs Committee for her confirmation hearing.

In the middle of the public firestorm over the hack, then-OPM Director Katherine Archuleta resigned and Cobert replaced her. The Senate has slow-walked the confirmation process as Congress investigated the details of the breach and what the Obama administration is doing to prevent another.

Earlier this month, Cobert and other administration officials announced the creation of a new entity within OPM to conduct background checks. As part of the overhaul, the Defense Department would be charged with developing a new security system for the personnel files as well as safeguarding them.

In announcing the subpoena, Chaffetz didn’t indicate which documents he is seeking.

Records he has previously asked for include those showing the specific date or dates in which OPM first detected the breach, when it identified the malware or malicious code used in the hack, as well as the dates when OPM contacted the Federal Bureau of Investigation and the Homeland Security Department to report the breach and try to stop it.

Earlier Wednesday, the internal government watchdog who helped Congress investigate the breach announced plans to retire.

Patrick McFarland, the inspector general at OPM since 1990, announced his plans to leave the agency effective Feb. 19.

McFarland had previously warned that the security system protecting the personnel information was weak and vulnerable to just the sort of hacks that ultimately too place.

In a statement announcing his retirement, McFarland praised the recent direction of the agency but also urged President Obama to name a replacement, and the Senate to confirm his choice swiftly.

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