U.S. Department of Veterans Affairs Btu Vermont Avenue NW Office of General Counsel wa?h'mmn DC 2042? Management Planning 8: Analysis In chiyRefcho: .55 I 7- 105904: June 7. 201? Ms. Sara Creighton Counsel American Oversight 1030 15?? Street, NW, Suite 3255 Washington, DC 20005-1503 RE: FOIA No. 17-10596-F Dear Ms. Creighton: This letter is in reference to your email correspondence dated May 22, 2017, requesting pursuant to the Freedom of Information Act, information pertaining to the following: 1. AH records responsive to the OGE data call sent on Aprii 28, 2017, attached hereto as Exhibit A. American Oversight seeks the production of those records regardiess of whether or not they have been?or wilt tie?provided to OGE. 2. At the time of your search your agency has made a determination not to compiy with the 065 data caii, whether in whoie or in part, American Oversight seeks records re?ecting the basis for the decision not to compiy with the data caii. Piease inciude as responsive records re?ecting any tags! or poiicy basis for not complying with the data call as wait as any records re?ecting any guidance, directing, or instructing received by your agency regarding compiiance with the data caii. Your request was assigned FOIA Tracking Number 17-10596-FP. The FOIA Of?ce, Office of General Counsel. conducted a search for responsive records and was advised by Mark Jaynes. Alternate Designated Agency Ethics Of?cial, that the Department of Veterans Affairs has ?no records" responsive to the April 28, 2017, data call for records. In addition. it was determined that ethics waivers, ethics agreements. and public ?nancial disclosure reports (OGE Forms 2?8 and are released pursuant to the Ethics In Government Act of 1978. report may not be made available under this section to any person nor may any copy thereof be provided under this section to any person except upon a written application by such person stating?(A) that person's name, occupation and address; (8) the name and address of any other person or organization on whose behalf the inspection or copy is requested; and (C) that such person is aware of the prohibitions on the obtaining or use of the report." 5 U.S.C. 105(b)(2). The prohibited uses are: (1) any unlawful purpose; (2) any commercial purpose. other than by news and communications media for dissemination to the general public; (3) determining or establishing the credit rating of any individual; or (4) directly or indirectly soliciting money for any political, charitable, or other purpose. Title 5 USE. 105 (Bill)- -2- Exemption 3 allows the withholding of information prohibited from disclosure by another federal statute provided that one of two disjunctive requirements were met: the statute either requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld. Information about requesting public financial disclosure reports and applicable ethics agreements may be found at the United States Of?ce of Government Ethics at their website: This concludes the OGC FOIA response to your request. VA Public Liaison, 0618 3. Appeal Options The undersigned processed your request. Should you have any questions, comments, or concerns regarding the processing of this request, you have the right to seek assistance from the VA FOIA Public Liaison, Mr. James Horan at (202) 632-7453 or by email at iames.horan@va.qov. Additionally, as part of the 200? FOIA amendments, the Office of Government Information Services (OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies. You may contact by email at ogis@nara.gov; by toll- free telephone at LBW-6846448 (or by facsimile at 202-741-5769; or by writing to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, Room 2510, College Park, MD 207'40?6001. Should you disagree with these findings, you may administratively appeal in writing to: General Counsel (024), Department of Veterans Affairs, 810 Vermont Avenue, N.W., Washington, DC 20420. You must file your appeal within 90 days from the date of this letter clearly marking both the letter and the envelope ?Freedom of Information Act Appeal.? Please include a copy of this letter with your appeal, and state why you disagree with this determination. If you are dissatis?ed with any appeal results, judicial review will thereafter be available to you in the United States District Court of your residence, principal place of business, or the District of Columbia where the records you seek are located. Sincerely, Renee Baxter OGC FOIA Of?cer