telephone fax web 1775 Massachusetts Avenue, NW Washington, DC 20036 202.797.6000 202.797.6004 brookings.edu January 19, 2018 U. S. Department of State Office of Information Programs and Services A/GIS/IPS/RL SA-2, Suite 8100 Washington, D.C. 20522-0208 202-261-8579 (fax) Re: Freedom of Information Act Request Dear FOIA Officer: Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, I hereby request that your office produce, within 20 business days, the following records (see below for clarity on the types of records sought): Bureau of Diplomatic Security (DS) 1. All records relating to the reimbursement by the Bureau of Diplomatic Security (DS) of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 2. All records relating to directly booking accommodations by the Bureau of Diplomatic Security (DS), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 3. All records relating to Bureau of Diplomatic Security (DS) for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 4. All records relating to Bureau of Diplomatic Security (DS) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. 1 Bureau of Budget and Planning (BP) 5. All records relating to the reimbursement by the Bureau of Budget and Planning (BP) (including but not limited to BP/EX), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 6. All records relating to directly booking accommodations by the Bureau of Budget and Planning (BP) (including but not limited to BP/EX), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 7. All records relating to the Bureau of Budget and Planning (BP) for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 8. All records relating to Bureau of Budget and Planning (BP) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. Bureau of International Narcotics and Law Enforcement Affairs (INL) 9. All records relating to the reimbursement by the Bureau of International Narcotics and Law Enforcement Affairs (INL) (including, but not limited to INL/EX), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 10. All records relating to directly booking accommodations by the Bureau of International Narcotics and Law Enforcement Affairs (INL) (including, but not limited to INL/EX), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 11. All records relating to the Bureau of International Narcotics and Law Enforcement Affairs (INL) policies for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, 2 until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 12. All records relating to Bureau of International Narcotics and Law Enforcement Affairs (INL) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. Foreign Service Institute (FSI) 13. All records relating to the reimbursement by the Foreign Service Institute (FSI) (including, but not limited to, FSI/EX), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 14. All records relating to directly booking accommodations by the Foreign Service Institute (FSI) (including, but not limited to, FSI/EX), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 15. All records relating to the Foreign Service Institute (FSI) policies for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 16. All records relating to Foreign Service Institute (FSI) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. Bureau of International Security and Nonproliferation (ISN) 17. All records relating to the reimbursement by the Bureau of International Security and Nonproliferation (ISN), (including, but not limited to, ISN/EX), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 3 18. All records relating to directly booking accommodations by the Bureau of International Security and Nonproliferation (ISN), (including, but not limited to, ISN/EX), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 19. All records relating to the Bureau of International Security and Nonproliferation (ISN) policies for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 20. All records relating to Foreign Service Institute (FSI) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. Bureau of Counterterrorism and Countering Violent Extremism (CT) 21. All records relating to the reimbursement by the Bureau of Counterterrorism and Countering Violent Extremism (CT) (including, but not limited to, CT/EX), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 22. All records relating to directly booking accommodations by the Bureau of Counterterrorism and Countering Violent Extremism (CT) (including, but not limited to, CT/EX), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 23. All records relating to the Bureau of Counterterrorism and Countering Violent Extremism (CT) policies for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 4 24. All records relating to Bureau of Counterterrorism and Countering Violent Extremism (CT) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. Bureau of Arms Control, Verification and Compliance (AVC) 25. All records relating to the reimbursement by the Bureau of Arms Control, Verification and Compliance (AVC) (including, but not limited to AVC/EX), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 26. All records relating to directly booking accommodations by the Bureau of Arms Control, Verification and Compliance (AVC) (including, but not limited to AVC/EX), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 27. All records relating to the Bureau of Arms Control, Verification and Compliance (AVC) policies for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 28. All records relating to Bureau of Arms Control, Verification and Compliance (AVC) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. Bureau of Democracy, Human Rights, and Labor (DRL) 29. All records relating to the reimbursement by the Bureau of Democracy, Human Rights, and Labor (DRL), (including, but not limited to, DRL/EX), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 30. All records relating to directly booking accommodations by the Bureau of Democracy, Human Rights, and Labor (DRL), (including, but not limited to, DRL/EX), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, 5 until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 31. All records relating to the Bureau of Democracy, Human Rights, and Labor (DRL) policies for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 32. All records relating to Bureau of Democracy, Human Rights, and Labor (DRL) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. Bureau of Economic and Business Affairs (EB) 33. All records relating to the reimbursement by the Bureau of Economic and Business Affairs (EB), (including, but not limited to, EB/EX), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 34. All records relating to directly booking accommodations by the Bureau of Economic and Business Affairs (EB), (including, but not limited to, EB/EX), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 35. All records relating to the Bureau of Economic and Business Affairs (EB) policies for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 36. All records relating to Bureau of Economic and Business Affairs (EB) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. 6 Bureau of Educational and Cultural Affairs (ECA) 37. All records relating to the reimbursement by the Bureau of Educational and Cultural Affairs (ECA) (including, but not limited to, ECA/EX), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 38. All records relating to directly booking accommodations by the Bureau of Educational and Cultural Affairs (ECA) (including, but not limited to, ECA/EX), at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 39. All records relating to the Bureau of Educational and Cultural Affairs (ECA) policies for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 40. All records relating to Bureau of Educational and Cultural Affairs (ECA) budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. Other Department of State Components 41. All records relating to the reimbursement, by any Department of State component (including but not limited to regional bureaus, e.g., the Bureau of Near Eastern Affairs (NEA)), of foreign officials and diplomats, for stays at the Trump International Hotel in Washington, D.C., from January 20, 2017, until the date that a search is conducted, for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 42. All records relating to directly booking accommodations, by any Department of State component, at the Trump International Hotel in Washington, D.C. on behalf of foreign officials and diplomats, from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. This request includes, but is not limited to, communications, receipts, invoices, itineraries, and billing statements. 43. All records relating to Department of State policies for reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C. This request is for policies effective from January 20, 2017, until the date that a search is conducted for records 7 responsive to this FOIA request. This request includes, but is not limited to, policies regarding the selection of hotel, the cost of accommodations, and procedures relating to the reimbursement or payment on behalf of foreign officials or diplomats. 44. All records relating to Department of State budgeting and accounting of reimbursement of, or payment for, hotel accommodations for foreign officials and diplomats visiting Washington, D.C., from January 20, 2017, until the date that a search is conducted for records responsive to this FOIA request. Request Process 45. In addition to the records requested above, I also request records describing the processing of this request, including records sufficient to identify search terms used and locations and custodians searched and any tracking sheets used to track the processing of this request. If your agency uses FOIA questionnaires or certifications completed by individual custodians or components to determine whether they possess responsive materials or to describe how they conducted searches, I also request any such records prepared in connection with the processing of this request. FEE WAIVER FOIA provides that any fees associated with a request are waived if “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii). I am the Editor-in-Chief of Lawfare, an online publication dedicated to informing public understanding on operations and activities of the government. Lawfare is published by The Lawfare Institute, a 501(c)(3) not-for-profit educational organization, and in cooperation with The Brookings Institution, a 501(c)(3) nonprofit public policy organization. This request is submitted in connection with Lawfare’s mission to publish information that is likely to contribute significantly to the public understanding of executive branch activities related to law and national security. Lawfare does not have commercial interests. In addition to satisfying the requirements for a waiver of fees associated with the search and processing of records, I am entitled to a waiver of all fees except “reasonable standard charges for document duplication.” 5 U.S.C. § 552(a)(4)(A)(ii)(II). Federal law mandates that fees be limited to document duplication costs for any requester that qualifies as “a representative of the news media.” Id. Lawfare is a “news media organization[]” that “gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.” Nat’l Sec. Archive v. Dep’t of Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989). We intend to give the public access to documents transmitted via FOIA on our website, https://www.lawfareblog.com, and to provide information about and analysis of those documents as appropriate. 8 RESPONSIVE RECORDS We ask that all types of records and all record systems be searched to discover records responsive to our request. We seek records in all medium and format. This includes, but is not limited to: agendas, manifests, calendars, schedules, notes, and any prepared documentation for meetings, calls, teleconferences, or other discussions responsive to our request; voicemails; e-mails; e-mail attachments; talking points; faxes; training documents and guides; tables of contents and contents of binders; documents pertaining to instruction and coordination of couriers; and any other materials. We ask that you search all systems of record, including electronic and paper, in use at your agency. We also ask that you search files or emails in the personal custody of your employees, such as personal email accounts, as required by FOIA and to the extent that they are reasonably likely to contain responsive records. We would prefer records in electronic format, saved as PDF documents, and transmitted via email or CDROM. We ask that you search for records from all components of the Department of State that may be reasonably likely to produce responsive results. If you make a determination that any responsive record, or any segment within a record, is exempt from disclosure, we ask that you provide an index of those records at the time you transmit all other responsive records. In the index, please include a description of the record and the reason for exclusion with respect to each individual exempt record or exempt portion of a record, as provided by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). When you deem a portion of a record exempt, we ask that the remainder of the record to be provided, as required by 5 U.S.C. §§ 552(a)(8)(A)(ii) & 552(b). Given the 20-day statutory deadline, we hope to be as helpful as possible in clarifying or answering questions about our request. Please contact me by phone or email if you require any additional information. I appreciate your cooperation, and look forward to hearing from you very soon. Sincerely, /s/ Benjamin Wittes Benjamin Wittes Senior Fellow in Governance Studies, The Brookings Institution Editor in Chief, Lawfare 1775 Massachusetts Ave NW Washington D.C. 20036 Phone: (202) 797-4368 benjamin.wittes@gmail.com P.S.: This request is being submitted both electronically and by fax. 9