THE SECRETARY OF VETERANS AFFAIRS WASHINGTON September 27. 2017 The Honorable Elijah Cummings Ranking Member Committee on Government Oversight and Reform U.S. House of Representatives Washington. DC 20515 Dear Congressman Cummings: Thank you for your August 8. 2017, co-signed letter to the Department of Veterans Affairs (VA) regarding VA's contracts or expenditures related to the Organization. I appreciate the opportunity to provide you more information on this topic. As your latter did not identify any business names in which the Trump Organization has an ownership stake. licensing agreements. or similar contractual relationships. VA was only able to search for the word "Trump" as the vendor's name in all of our searches. VA's Of?ce of Acquisition. Logistics and Contracting conducted a vendor search for all contracts awarded and found no contracts awarded to vendors with in the name of business. Our Office of Management's Financial Services Center (FSC) also conducted a search (6 years for purchase cards and 2 years for travel cards) for any purchase card and government travel card payments and found 13 transactions. Two purchase card transactions were with the Trump International Hotel occurring in 2011. Eleven of these transactions with Trump Hotels were from June 2016 through January 2017. Six of the government travel card payments were for restaurants. and five were for hotel lodging. The applicable lodging receipts are enclosed. The FSC also searched vendor pay files and payment histories. and identified one vendor. the Trump Taj Mahal which occurred before 2011. The per diem paid for meals and lodging was within the Federal Travel Regulations (FT R) amounts for the applicable years. Documentation Is enclosed in accordance with the National Archives? 6-year retention period and FF receipt requirements. Should ou have further questions. please have a member of ur staff contact Congressional Relations Officer. at 202 or by email at @vagov. Thank you for your support of our mission. A similar letter has been sent to the co-slgners of your letter. Sincerely, DA Jr MD David J. Shulkin. M.D. Enclosure 0 0 I MULTI-17-0269-B-000001 ARRIVAL 11f1 812016 DATE 11l13!2016 1111312016 1111312016 111102016 11f14f2018 1111512016 11/15/2016 11/192016 111162016 11I1712016 Trump Hotel Collection is a proud supporter of St. Judo CMEdran's Research Hospital. inlernatr?onaly rowgr?zed for its pioneering research and treatment of cancer. Should you like to make a donation to St INTERNATIONAL HOTEL WASHINGTOIO D: Can?rmallon Numher: 175150294 Room Number: 314 Room Type: 01K No. of Guest: 1 DEPARTURE RATE PLAN 1111712016 DISBOV CODE AHOUHT (USO) 201550 Bantamln's Dimer 40.10 101000 Room Charge 182.00 723207 00 Occupancy Sales Tax 26.39 101000 Room Charge 182.00 723207 DC Omupancy Sales Tax 25.39 101000 Room Charge 102.00 723207 Dc Occupancy Sales Tax 26 39 101000 Room Charge 182.00 72320? DC Company Sales Tax 26.39 vs Visa (an 60) TOTAL DUE: 0.00 campaign please complete the below _35.oo 5151131018: $10.00 $15.00 _Olher 5 Data 100% of your donation bene?ts St Jude Children's Research Hospital. Thank you for your support. "(17(2018 I100 Ame NW. Wuhnulm. D.C 20004 Phone 202 095 1100 Jude?s Thanks and P0991 002. 2016.08-30 08:34 preprn088 5555551212 CONCUR 2/3 I A 5 Room No 5612 Deoanure 08-24-16 US Folio No 1370609 Invoice No AR No Company Name Conl. No 905192 Group Name Cashier No 258 Cuslom Rel Dale Doggipllon "m .. Chargn mils- 08-21-16 Room Charge 104.25 08-21-16 Room Tax 12.51 00-21-18 Resort Fee 29 00 00421-16 Rasctl Foo Tax 3 40 08-22-16 Room Charge 101 25 08-22-16 Room Tax 12.15 08-22-10 Resort Fee 29 00 08-22-16 Reson Fee Tax 3 #8 03-23-16 Room Charge 104.25 00-23-16 Room Tax 12.51 05-2346 Ram Fee 29 00 08-2116 Resort Foe Tax 3 40 08-2445 Vrsa - 444 35 @Qo) Total Charges 4:14 36 Total 444 216 Balance 000 Trump Halal Callecuon 1: a mind supporter of SI Judo Church?s Rosearcn resend: and of childhood cancer Should ya: like Io make a done Hosmal. rnlomahanally for as poneanng Iron la 81. Judu?: Thanks and Giving campaign please conulelalhn below 5500 51000 51500 Ollwr Signalman Dale 100% ol your dmalmn St Jude Ch Idmo?s Rmarcn Hosorral Thank you lor your wanna Page No 10'! 20011 FASHIOB 51 10W URIVI 1.49 (M5 $9109 13L "02 0112 mm TM. ('01 ?1'1 ION 1'11? 00 3 TRUMP INTERNATIONAL HOTEL 1? Continuation Number: 41327381-1 (L) Room Number: 322 Room Type: 81K No. of Guests: 1 ARRIVAL DEPARTURE RATE PLAN 11/14/2016 11/17/2016 DISGOV DATE CODE DESCRIPTION (USD) 11/14/2016 101000 Room Charge 182 00 11/14/2016 723207 00 Occupancy Sales Tax 26 39 11/15/2016 853202 In Room Dining Dinner 50 16 11/15/2016 101000 Room Charge 182 00 11/15/2016 723207 BC Occupancy Sales Tax 26 39 11/16/2016 101000 Room Charge 182 00 11/16/2016 723207 DC Occupancy Sales Tax 26 39 11/17/2015 vs Visa Q) (Q (575 33) DUE: 0 00 Trump Hotel Collection is a proud supporter of St Jude Children's Research Hospital. internationally recognized for its pioneering research and treatment of childhood cancer Should you Irke to make a donation to St Jude's Thanks and Giving campaign please complete the below _55 00 S10 00 s15 00 _Other 5 Signature Date 100% of your donation bene?ts St Jude Children's Research Hospital Thank you for your support 1100 Avenue NW 20004 Phone 202 595 1:00 Tmmol-lotea's com TRUMP INTERNATIONAL HOTEL LAS VEGAS Room No 5623 Arrival 07-12-16 5) Departure 07-15-16 Folio No 1338303 US invoice No AR No. Company Name Cont. No . 873540 Group Name Cashier No . 302 Custom Ref Date Description Charges Credits 07-12-16 Deposit Transferred at Check-In 151 20 07-12-16 Room Charge 135 00 07-12-16 Room Tax 16 20 07-12-16 Resort Fee 29 00 07-12-16 Resort Fee Tax 3 48 07-13-16 Room Charge 135 00 07-13-16 Room Tax 16 20 07-13-16 Resort Fee 29 00 07-13-16 Resort Fee Tax 3 48 07-14-16 Room Charge 135 00 07-14-16 Room Tax 16 20 07-14-16 Resort Fee 29 00 07-14-16 Resort Fee Tax 3 43 07-15-16 Visa 399 84 ?x (0 Total Charges 551 04 Total Credits 551 04 Balance 0.00 Trump Hotel Collection is a proud supporter of SI Jude Children's Research Hospdal. internationally recognized for its pioneering research and treatment of childhood cancer Should you like to make a donation to St. Jude's Thanks and Giving campaign please complete the below 55.00 510.00 51500 Other Signature Date 100% of your donahon bene?ts St Jude Children's Research Hospital Thank you for your support Page No 1 of 1 2000 FASHION SHOW DRIVE. LAS VEGAS. NV 89l09 PHONE 702 982 0000 TRUMPHOTELCOLLECTION.COM 005' DEPARTMENT OF VETERANS AFFAIRS Washington DC 20420 November 21, 2017 In Reply Refer To: 001 FOIA Request: 18-00211-F Ms. Cerissa Catasso American Oversight 1030 15"1 Street, NW Suite B255 Washington, DC 20005 foia@americanoversiqht.orq Dear Ms. Cafasso: This is in response to your Freedom of Information Act (FOIA) request dated July 24, 2017, 2017, which was referred to the Office of the Secretary, Veterans Affairs (OSVA) on October 6, 2017 for processing under FOIA tracking number 18-00211-F. In your request, you are seeking: 1) All guidance regarding using properties owned by the Trump Organization for government sponsored conferences or meetings 2) All emails using properties owned by the Trump Organization for government-sponsored conferences or meetings 3) All guidance regarding attending conferences or meetings at properties owned by the Trump Organization 4) All emails regarding attending conferences or meetings at preperties owned by the Trump Organization 5) All guidance regarding reimbursement for meals, overnight stays or other expenses incurred at properties owned by the Trump Organization 6) All emails regarding reimbursement for meals, overnight stays, or other expenses incurred at properties owned by the Trump Organization 7) Records sufficient to demonstrate total costs reimbursed or paid directly by the agency for visits to any property owned by the Trump Organization Reimbursements include payments for cost of individual airfare of government employees and their spouses, cost for government transportation, conference fees, rental fees, lodging meals, rental vehicles, overtime payments and any other reimbursable expense. The Office of the Secretary, Department of Veterans Affairs (OSVA) FOIA Officer conducted a reasonable search for the requested records covering the timeframe 1/20/2017 to 11/16/2017. search of 175,250 email records belonging to VA Secretary David Shulkin and VA Chief of Staff Vivieca Wright Simpson resulted in a finding of no records meeting the search criteria described in items 2, 4 and/or 6 of your request. Additional OSVA searches for responsive records in document management system (VAIQ) resulted in a finding of no responsive records for items 1, 3, and/or 5 of your request. search for records responsive to item 7 resulted in five (5) pages of responsive records, which being are released to you as an attachment to this letter (Bates numbered 001 -005). Limited portions of the responsive records have been withheld under FOIA Exemption 6 [5 U.S.C. 552(b)(6)] which protects matters of personal privacy. FOIA Exemption 6 protects against the disclosure of information that. either by itself or in conjunction with other information available to either the public or the FOIA requester, would result in an unwarranted invasion of an individual?s personal privacy, without contributing significantly to the public's understanding of the activities of the Federal government. The information being withheld includes the names, direct contact information, and credit card information of the VA employees associated with the Page 2 Ms. Cerissa Cafasso lodging receipts. While the release of this contact information may be permissible if it would serve a significant public interest, you have not identified a public interest in disclosing the identifying information of the individuals, nor do we find one. OSVA has determined that you are an ?All Other? requester for fee purposes. As such, you are entitled to two free hours of search time and duplication of the first 100 pages of responsive records free of charge. Due to the delay you experienced in receiving OSVA's response resulting from VA's backlog of FOIA requests, we have waived fees for processing of your request. Please note that the OSVA Office reserves the right to assess fees as appropriate under the FOIA on any and all future FOIA requests. If you have any questions concerning OSVA's response, please contact the undersigned at FOIA Mediation Services As part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non?exclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. Under the provisions of the FOIA improvement Act of 2016, the following contact information is provided to assist FOIA requesters in resolving disputes: VA Central Office FOIA Public Liaison: Name: James Killens Email Address: vacofoiaservice@va.gov Phone Number: 1-877?750-3642 Office of Government Information Services (OGIS) Email Address: ogis@nara.gov Fax: 202-741-5769 Mailing address: National Archives and Fiecords Administration 8601 Adelphi Fload College Park, MD 20740-6001 FOIA Appeal Process This concludes response to request 18-00211-F. Please be advised that you may electronically appeal the determination made in this response by submitting your appeal to ogcfoiaappeals?va.gov, or mailing it to: Office of General Counsel (024) Department of Veterans Affairs 810 Vermont Avenue, NW Washington, DC 20420 If you choose to file an appeal, please include a copy of this letter with your written appeal and clearly indicate the basis for your disagreement with the determination set forth in this response. Please note that in accordance with implementing FOIA regulations at 38 1.559, your appeal must be postmarked no later than ninety (90) days of the date of this letter. Sincerely, armada. 4 Lisa Matuszczak, PIG OSVA FOIA Officer VAi. U.S. Department ofVeterans Affairs Office of General Counsel Management Planning &Analysis 810 Vermont Avenue NW Washington DC 20420 www.va.gov/ogc In Reply Refer To: #18-00215-F June 14, 2018 Sent via email to address: foia@americanoversight.org Ms. Cerissa Cafasso Counsel, American Oversight 1030 15th Street, NW, Suite B255 Washington, DC 20005 Dear Mr. Cafasso: This letter is in further reference to your correspondence dated July 24, 2017, which you emailed to the VACO FOIA Service lnbox where you requested, pursuant to the Freedom of Information Act (FOIA), records which may be in the custody of the Department of Veterans Affairs pertaining to the following issues: 1. Guidance regarding using properlies owned by the Trump Organization for government sponsored conferences or meetings; 2. All emails using properlies owned by the Trump Organization for governmentsponsored conferences or meetings; 3. All guidance regarding attending conferences or meetings at properlies owned by the Trump Organization; 4. All emails regarding attending conferences or meetings at properlies owned by the Trump Organization; 5. All guidance regarding reimbursement for meals, overnight stays or other expenses incurred at properlies owned by the Trump Organization; 6. All emails regarding reimbursement for meals, overnight stays or other expenses incurred at properlies owned by the Trump Organization; 7. Records sufficient to demonstrate total costs reimbursed or paid directly by the agency for visits to any properly owned by the Trump Organization. Reimbursements include payments for the cost of individual airfare of government employees and their spouses, cost for government transporlation, conference fees, rental fees, lodging meals, rental vehicles, overlime payments, and any other reimbursable expense. Your request was assigned OGC FOIA Tracking Number 18-00215-F. Please refer to this number in any future correspondence. We apologize for our delay-requests for OGC's assistance have increased dramatically, and we are doing our best to keep up with the demand for our services. The Freedom of Information Act, 5 U.S.C. ? 552(A)(a)(ii), places all FOIA requesters in one of three categories for fee purposes. The three categories of FOIA requesters are commercial use; AMf-HICAN PVERSIGHT -2educational institutions, noncommercial scientific institutions, representatives of the news media; and all other requesters. I have determined your request to be a "news media" requester. Representatives of the news media will be charged for the cost of reproduction only, excluding charges for the first 100 pages . We have classified you as a representative of the news media. As such, we may charge you for some of our duplication costs , but we will not charge you for our search or review costs; you also are entitled to up to 100 pages of photocopies (or an equivalent volume) for free. See 38 C.F.R. ? 1.561(b)(7). However , since our processing costs are less than $25.00 , we will not bill you because the cost of collection would be greater than the fee collected. Please be advised that the U.S. Department of Veterans Affairs (VA) has a decentralized process for responding to FOIA requests. Each VA component, i.e., OGC, VHA, and VBA, has designated FOIA Officers to process records created and maintained by the corresponding component office . In response to your queries in items numbered 1-7, the Office of General Counsel conducted a comprehensive search for the documents you seek which resulted in 20 pages of responsive records being located . Upon review of the 20 pages of responsive records, I have determined 18 pages contain information which is protected under FOIA Exemptions 5 and 6, title 5 U.S.C. section 552(b)(5) and 552(b)(6). Therefore, I am withholding parts of the 18 pages under FOIA Exemption 5 and 6. FOIA Exemption 5 Exemption 5, protects "inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency. The general purpose of "deliberative process privilege " is to "prevent injury to the quality of agency decisions." Specifically, three policy purposes consistently have been held to constitute the bases for this privilege: (1) to encourage open , frank discussions on matters of policy between subordinates and superiors; (2) to protect against premature disclosure of proposed policies before they are actually adopted; and (3) to protect against public confusion that might result from disclosure of reasons and rationales that were not in fact ultimately the grounds for an agency's action. FOIA Exemption 6 Exemption 6 protects information about other individuals if the release would lead to a clearly unwarranted invasion of personal privacy. 5 U.S.C. ?552(b)(6). As noted in United States Department of Justice v. Reporter's Committee for Freedom of the Press, 489 U.S. ? 749 (1989), the Supreme Court provided the following step-by-step analysis to determine when the exemption applies to a case: (1) determine whether a personal privacy interest is involved; (2) determine whether disclosure would serve the public interest; and, (3) balance the personal privacy interest against the public interest. Substantial privacy interests exist in the names , addresses, phone numbers, email addresses, and other personal identifying information since career public servants retain personal privacy interests in the discharge of their public duties. Low-level and mid-level VA employees have a protected privacy interest because these employees could face harassment. New England Apple Council, Inc. v. Donovan, 725 F.2D 139 (1st Cir. 1984). AMEHICAN PVERSIGHT -3The above-mentioned record material constitutes all records in the custody of this office, which relate to the subject of your request. VA FOIA Appeal, Public Liaison, OGIS Options Should you have any questions, comments, or concerns regarding the processing of this request, you may contact M. Renee Baxter at OGCFOIArequests@va .gov. Also, you have the right to seek assistance from the VA FOIA Public Liaison, John Buck , at 1(877) 750-3642 or by email at vacofoiaservice@va.gov . You may appeal the initial determination made in this response to: Department of Veterans Affairs Office of General Counsel (OGC) (Appeals) 810 Vermont Avenue, N.W. (024) Washington, DC 20420-0001 Email: OGCFOIAAppeals@va.gov Please include your FOIA case number in any appeal. Also, include a copy of this letter with your written appeal and clearly state why you disagree with the determinations set forth in this response. 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 . Additionally, as part of the 2007 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 OGIS by email at ogis@nara .gov; by tollfree telephone at 1-877-684-6448 (or 202-741-5770); 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 20740-6001. If you are dissatisfied 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 , ( ~c~~' M. Renee Baxter OGC FOIA Officer AMf-:RICA'\I pVERSIGHT v . /- -- - Memorandum Department of Veterans Affairs Date: September 7, 2017 From: Deputy Chief CounseVA lternate Designated Age ncy Ethics Officia l (02EST) s ubj : To: VA Officials Accept ing Free Attendance at the PVA Mission AB LE : Annual Awards Dinner Chief of Staff {00A) (b)(S) Mark T . Jaynes PVERSIGHT VA-17-0269-B-000001 Case: 96599: (20) PVA Mission Able Gala 2017 Note Fromd (b)(6) Sent: Wednesday, September 06, 2017 6:03 PM To: I (b)(6) 11 th)(h\ t I (b)(6) I Alaigh, Poonam, M.D.;I (b)(6) VBAVACO;Walters, Ronald; Tud > Current Date: May 23. 2018 AMEf pVERSIGHT Dal e of Note: 08/24/2017 VA-17-0269-B-000016 Case:! lauery on Expenditures on Trump Properties Note {b )(6) __ About Mar-a-Lago < p=dynamicmodule&pageid=l00012&ssid:;:;1Q0034&vnf=l> Amenities Spa, Sports & Recreation < > Guest Suites < > Boutique < < http://www.maralagoclub.com/Defa u lt.aspx? p=dynamicmodule&pageid = 100036&ssid = 100053&vnf = 1 > > Luxury Transportation < < http://www.maralagoclub.com/Defau lt.aspx? p = dynamicmodule&pageid= 100037 &ssid = 100054&vnf = 1 > > Become a Member < > 1 Guest Suites The splendor, elegance and style of what may be the world's most beautiful and exclusive private club awaits you. What sets The Mar-a-Lago Club apart from any other club in the world are the extraordinary suites. Ornately carved and hand-painted Moorish ceilings, spectacular ocean views from balconies and verandas with antique Spanish-tiled mosaics afl lend historical beauty to every suite, Each suite is exquisitely appointed in keeping with the original character of this lavish estate while assuring the luxury of modern day world-class amenities. Staying at the beautiful Mara-Lago Club property extends the in-house guest privileges to: Two incredible dining rooms Magnificent swimming pool Award-winning Trump Salon World-class Trump Spa Five championship red clay tennis courts Remarkable croquet court Grand Beach Club & Bistro We will be happy to show any unoccupied room to members and their guests who are interested in overnight stays. Please contact the Front Desk to schedule an appointment and to discuss room availability & pricing. Current Date: May 23. 2018 AMEf pVERSIGHT Date of Note: 08/2412017 VA-17-0269-B-000017 (b)(6) Case:I la uery on Expenditures on Trump Properties Note ~------ -VA Expenditures toward Trump Holdings (b )(5) (b)(6);(b)(5) Thanks!! Mark From:1 (b)(6) Sent: Thursday, August 24, 2017 9:22,...., A '""' M ~-,-----. To: Cornish, candice ; Gore, Cameron;! (b)(6) (b)(6) (OGC):I Subject: FW: INFO REQUESTEDfor [ Importance: High cc:I ll I I (b)(6) Jaynes, Mark T. (b)(6) (OGC); McLeod-Poole,Kenyatta (b)(6) I- VA Expenditures toward Trump Holdings (b )(6) (b )(6) I Attorney OGC Liaison (Office of Legislative Counsel) Information Law Group Office of General Counsel Department of Veterans Affairs Office: ( 202) 46 1.!ltillfil] Cell: (202) 430 ~ (b )(6) This message may contain information that is confidential and/or protected by law. If it has been sent to you in error, please reply immediately to advise the sender of the error and then destroy this message, any copies of this message and any printout of this message. If you are not the intended recipient of the message, any unauthorized dissemination, distribution or copying of the material in this message, and any attachments to the message, is strictly forbidden. From:I th\tt:::\ I Sent: Wednesday, August 23, 2017 5:11 PM To: I I Cc:I tI, th\fR\ 11 th\tR) th \In\ ll Current Date: May 23, 2018 AMEf pVERSIGHT f["\fR\ /h\fR\ (b )(6) tI ~I,.... -,-b-)(-6\---, II I Loeser,Clint B; I I rh\tt:::\ (b )/6) th\lR\ l:~ l -~-~'b~)~<6....,) ___ ....,..,J1 /h\/R\ Date of Note: 08/2412017 VA-17-0269-B-000018 CaseJ~ __ (b_)(_6_) _~ p uery on Expenditures on Trump Properties Note !(b)(6) 1Jessup, Jennifer Smith; (b)(6) VACO Subject: RE: INFO REQUESTEDfor (b)(6) - VA Expenditures toward Trump Holdings Dear Stakeholders, (b )(6) lhanks and I look forward to hearing from you. Kind Regards. I (b)(6) I Executive Writer U.S. Department of Veterans Affairs Office ofthe Executive Secretary (001B) (202) 461 .(lliRfil] From:I (b)(6) Sent: Frida , Au ust 18, 201,:.. 7-= 8:..:.. :4,.:.:: 1:....: A .,,:M ,..:..-_,r----;;-;=-, To: I (b)(6) b 6 (b)(6) th \IR\ 11 (b)(6l I Loeser,Clint B;~I__ (=b~)<=6~ )_ ___. I; (b )(6) Dear Stakeholders, Thank you for your research work and the information you provided I I (b )(5) (b )(5) (b)(5) (b)(5) I'd appreciate hearing back from you weekend. by close of business,August 21. Thanks and have a good Best, I (b)(6) I I Kind Regards, (b)(6) Current Date: May 23, 201 a AMlf pVERSIGHT Date of Note: 08124/2017 VA-17-0269-B-000019 Case: ~ ! -~ (b~)~(6=)~~1 Query on Expenditures on Tn.imp Properties Note Executive Writer U.S. Department of Veterans Affairs Office of the Executive Secretary (001B) (202) 461~ (b)(6 ) I Current Date: May 23, 2018 AMEf pVERSIGHT Date or Note: 08/24/201 7 VA-17-0269-B-000020