DEPARTMENT OF VETERANS AFFAIRS
INSPECTOR GENERAL
WASHINGTON DC 20420

SEP 1 7 2018
The Honorable Tammy Duckworth
U.S. Senate
Washington, DC 20510
Dear Senator Duckworth :
I am writing in response to the letter from you and Senator Maggie Wood Hassan dated
August 16, 2018, regarding the potential influence of nongovernmental individuals on
policymaking at the Department of Veterans Affairs. We have considered this matter
and the following reflects our current analysis.
Our office is aware of reports that certain individuals who are personal acquaintances of
the President have been acting as informal advisers , on behalf of the President, to
Department leadership . We believe these are the people outside the administration
referred to in your letter.
To the extent your letter raises a question of whether it is appropriate for non-VA
employees to consult with Department leadership , we have considered the latitude that
the President and members of the Cabinet have in obtaining advice and counsel from
individuals both inside and outside of government. We note that this latitude is
constrained, in some respects, by the Federal Advisory Committee Act (FACA). While
FACA defines the advisory committees that are subject to its procedural requirements
broadly, the General Services Administration (GSA) has exercised its authority under
FACA to promulgate regulations relating to such advisory committees. Those
regulations exclude certain outside advisors from the definition of advisory committee .
With respect to the Department, we have considered the applicability of the FACA
procedural requirements for advisory committees to the actions of the individuals at
issue, as we understand those actions from various reports . There appears to be a
reasonable basis to conclude that the exception to the definition of an advisory
committee subject to FACA found at 41 C.F.R. § 102-3.40(e) may apply here .
The authorities and remedies available under the Inspector General Act do not provide
an efficient means to resolve that question . However, we are aware that a private
lawsuit has been filed seeking to have the FACA procedural requirements declared
applicable to any consultations by Department leadership with the relevant individuals.
We have also communicated with several senior VA staff who had contacts with the
outside advisers . Given the pending lawsuit and our understanding of the substance of
the contacts that the outside advisors had with senior VA staff, the OIG believes it would
be prudent to wait for a decision by the legal system on the applicability of FACA to this
group before committee resources to our own investigation .

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The Honorable Tammy Duckworth
Your letter also raises important questions about the use of private email to conduct
government business and the protection of civil service employees from undo political
influence. The OIG will evaluate those matters in the course of its ongoing oversight of
the Department and we will take action as appropriate based on our findings .
The OIG will continue to review information developed through ongoing work and other
sources that may relate to these matters. If we become aware of anything further,
including allegations of significant legal or ethical violations by senior Department
officials, we will proceed accordingly.
A similar letter has been sent to Senator Hassan. Thank you for raising your concerns
with the OIG.
Sincerely,