REPUBLICANS DAVID P. ROE, TENNESSEE, RANKING DEMOCRATS MAFIK TAKANO, CALIFORNIA, CHAIRMAN 01$. Jammie of iaepte?mtatihes COMMITTEE ON AFFAIRS ONE HUNDRED SIXTEENTH CONGRESS 3460 HOUSE OFFICE BUILDING WASHINGTON, DC 20024 February 8, 2019 The Honorable Robert Wilkie Secretary Department of Veterans Affairs 810 Vermont Avenue, NW. Washington, DC. 20420 Dear Mr. Secretary: I am writing to request information about alleged improper in?uence of Mr. Ike Perlmutter, Dr. Bruce Moskowitz, and Mr. Marc Sherman over policy and personnel decisions of the Department of Veterans? Affairs. The Department declared these three members of President Trump?s National Golf Club Mar-a-Lago ?asserted in?uence over the Department? as a defendant in Federal court.1 Public documents in response to a Freedom of Information Act (F OIA) request provide further evidence of their power over key Department of?cials and their involvement in procurement decisions and potentially other policy and programmatic decisions made by the Department. The Committee on Veterans? Affairs is opening an investigation into this relationship so that Congress, veterans, and the American people can better understand the scope and nature of this relationship between the Department and these individuals who have not served in the U.S. military nor U.S. government, and are not accountable to veterans and the American people. Public documents show that Mr. Ike Perlmutter, Chairman and Chief Executive Of?cer of Marvel Entertainment, LLC., Dr. Bruce Moskowitz, an Internal Medicine specialist, and Mr. Marc Sherman, an attorney without health care industry experience, ostensibly used their wealth and connections to President Trump and his family to make decisions for the Department. Top Department of?cials apparently treated these Mar-a?Lago members as having decision-making authority, and emails demonstrate these powerful men weighed in on candidates to lead the 1 Memorandum of Points and Authorities in Support of Defendant?s Motion to Dismiss at 21. hnps?democracv 1-16-i 3.pdf The Honorable Robert Wilkie February 8, 2019 Page 2 Veterans Health Administration,2 and organized meetings and summits between VA and commercial entities. Documents also show these men were involved in the procurement of an electronic health record from Cerner Corporation: they were granted access to review the con?dential draft contract between the Department and Cerner Corporation more than three months before Congress received access to the contract and more than two months prior to contract signing. Email correspondence evinces these Mar-a-Lago members were promised development of ?a project plan and. . .timeline for action?3 when senior Department of?cials were directed by these men to stand up an ?emergency committee? on mental health care delivery.4 These individuals?despite having no experience delivering healthcare to veterans?rej ected advice provided by Department experts, arranging calls and naming themselves to an ?executive committee? to direct Department development of technology with Apple Inc.5 that could personally enrich Dr. Moskowitz and his family,6 and organized a Department-led medical device registry summit in which Dr. Moskowitz?s family and foundation played a prominent role.7 Former VA Secretary Shulkin and other Department of?cials participated and promoted Marvel Entertainment at a Veterans Day event at the New York Stock Exchange. Travel records and email correspondence demonstrate that you, former VA Secretaries and acting Secretaries, and other key VA of?cials, ?ew to Mar-a?Lago on of?cial travel paid for by taxpayers. After meeting with these individuals at Mar-a-Lago on or about April 20, 2018,8 you wrote via email to these individuals that you were ?honored? to visit with them.9 Reports and sources also allege these individuals caused Department leaders who disagreed with them to lose their jobs or be passed over for promotions, in one instance these men allegedly directed or encouraged two VA of?cials to contact congressional aides and advocate for the resignation of Secretary Shulkin and his deputy in February 2018.10 2 Department of Veterans Affairs, FOIA Service, VA Senior Leadership Emails libraryaspx (under heading ?Senior Leadership Emails/Travel?) [hereinafter VA Senior Leadership Documents], PO RamailsloQ? 8Redacted . 3 VA Senior Leadership Documents, PDR emails to 5-3-18 Redacted at 36. 4 I_d. at 36-3 7. 5 VA Senior Leadership Documents, TB CS to 6-22- I 8 Redacted 61_d.At158- 159. 7 VA Senior Leadership Documents, Emails Jl-iB to {Eu-2248.1 Redacted 8 VA Senior Leadership Documents, Robert Wilkie West Palm Beach. FL 04.17-20.2018 Redacted 9 VA Senior Leadership Documents, RLW emails up to 6-5-18 Redacted 1? Donovan Slack, VA Secretary David Shulkin ?s top PR aide asked Congress to help get him ?red, USA Today (Feb. 28, 2018), Lisa Rein, Top aide to VA chief Shulkin is said to have advocated his ouster, The Washington Post (Feb. 28, 2018), ouster/20] lc8-ae5a-l6e60e4605t'3 The Honorable Robert Wilkie February 8, 2019 Page 3 In order to investigate the extent of in?uence these individuals had and continue to wield over Department policies, decisions, and personnel, 1 request you produce the following documents: 1. Unredacted copies of any documents and communications that have been provided to individuals or organizations via FOIA request, including unredacted copies of the documents under the heading ?Senior Leadership Emails/Travel? available on the Department?s website.11 2. Any documents and communications in your possession, control, or custody sent to or received from Mr. Perlmutter, Dr. Moskowitz, or Mr. Sherman, including communications via nongovernmental email accounts or via Multimedia Messaging Service (MMS) or Short Message Service (SMS) on nongovernmental electronic devices. 3. Any documents and communications in your possession, control, or custody referring or relating to Mr. Perlmutter, Dr. Moskowitz, and Mr. Sherman including communications via nongovernmental email accounts or via MMS or SMS on nongovernmental electronic devices. 4. Any documents and communications sent or received from Mr. Perlmutter, Dr. Moskowitz, or Mr. Sherman in the possession, control, or custody of the following Department of?cials: Mr. James Byrne, Acting Deputy Secretary; Mr. John Ullyot, Assistant Secretary for Public and Intergovernmental Affairs; Mr. James Gfrerer, Chief Information Of?cer; Mr. Curt Cashour, Press Secretary; Mr. Darin Selnick, Mr. Jake Leinenkugel, Ms. Jacquelyn Hayes-Byrd, and Mr. Camillo Sandoval. This includes communications via nongovernmental email accounts or via MMS or SMS on nongovernmental electronic devices. 5. Any documents and communications referring or relating to Mr. Perlmutter, Dr. Moskowitz, and Mr. Sherman in the possession, control, or custody of the above named Department of?cials. This includes communications Via nongovernmental email accounts or via MMS or SMS on nongovernmental electronic devices. 6. Any documents and communications in the possession, control, or custody of the Department of former Department of?cials Dr. David Shulklin, Secretary, Mr. Thomas 1] VA Senior Leadership Documents, supra note 2 The Honorable Robert Wilkie February 8, 2019 Page 4 10. ll. 12. Bowman, Deputy Secretary, Mr. Peter O?Rourke, Ms. Genevieve Morris, Chief Health Information Of?cer sent to or received from Mr. Perlmutter, Dr. Moskowitz, or Mr. Sherman. This includes communications via nongovernmental email accounts or via MMS or SMS on nongovernmental electronic devices. Any documents and communications in the possession, control, or custody of the Department referring or relating to Mr. Perlmutter, Dr. Moskowitz, and Mr. Sherman sent or received by the above named former Department of?cials. This includes communications via nongovernmental email accounts or via MMS or SMS on nongovernmental electronic devices. Any documents and communications in the possession, control, or custody of the Department in which a VA Secretary or other Department of?cial directed Department of?cials to communicate with Mr. Perlmutter, Dr. Moskowitz, and Mr. Sherman via nongovernmental email accounts or via SMS or MMS on nongovernmental electronic devices. Telephone records or call logs in the possession, control, or custody of the Department, including the date and time of each call in which you spoke with Mr. Perlmutter, Dr. Moskowitz, or Mr. Sherman. Telephone records or call logs in the possession, control, or custody of the Department, including the date and time of each call in which Mr. Perlmutter, Dr. Moskowitz, or Mr. Sherman communicated with any of the following Department of?cials: Mr. James Byrne, Acting Deputy Secretary; Mr. John Ullyot, Assistant Secretary for Public and Intergovernmental Affairs; Mr. James Gfrerer, Chief Information Of?cer; Mr. Curt Cashour, Press Secretary; Mr. Darin Selnick, Mr. Jake Leinenkugel, Ms. Jacquelyn Hayes-Byrd, or Mr. Camillo Sandoval. Telephone records or call logs in the possession, control, or custody of the Department, including the date and time of each call in which Mr. Perlmutter, Dr. Moskowitz, or Mr. Sherman communicated with former Department of?cials Dr. David Shulklin, Secretary, Mr. Thomas Bowman, Deputy Secretary, Mr. Peter O?Rourke, and Ms. Genevieve Morris, Chief Health Information Of?cer. Telephone records or call logs in the possession, control, or custody of the Department, including the date and time of each call in which any Department of?cial or employee spoke directly with or participated in a conference call with Mr. Perlmutter, Dr. Moskowitz, or Mr. Sherman. The Honorable Robert Wilkie February 8, 2019 Page 5 13. Any documents and communications referring or relating to Mr. Aaron Moskowitz and Dr. Bruce Moskowitz?s participation in discussions or meetings with the Department and Apple Inc. referring or relating to the development of a mobile or software application. 14. Any documents and communications referring or relating to Dr. Moskowitz and his relatives, and the development of a medical device registry or organization of the June 4, 2018 summit on device registries. 15. Any documents and communications referring or relating to Dr. Moskowitz, his relatives, and Department of?cials and the Biomedical Research and Education Foundation. 16. Any documents and communications referring or relating to former Secretary Shulkin?s participation or the participation of Department of?cials in the November 7, 2017 Veterans Day New York Stock Exchange event presented by Marvel Entertainment LLC, including any opinion provided by Department ethics of?cials sanctioning participation in the event. 17. Any documents and communications referring or relating to of?cial travel of current and former Department of?cials to Trump National Golf Club Mar-a?Lago, including documents demonstrating the cost to the US. taxpayer. 18. Any additional documents and communications in the possession, control, or custody of the Department referring or relating to Mr. Perlmutter, Dr. Moskowitz, and Mr. Sherman. 19. Any additional documents and communications in the possession, control, or custody of the Department sent or received from Mr. Perlmutter, Dr. Moskowitz, and Mr. Sherman. 20. Any documents and communications referring or relating to any personal referrals related to current or future agency contracts, programs, or projects by Mr. Perlmutter, Dr. Moskowitz, or Mr. Sherman. Please provide the documents in electronic, soft-copy format. Do not alter the documents in any way, including but not limited to applications of redactions or a water mark. Only relevant documents and tangible things should be provided as part of the submission. Also provide the contact information for the individual(s) responsible for assembling the submission. This/These individual(s) shall certify and attest to the accuracy of the submission and whether the Department has complied with the request. The Honorable Robert Wilkie February 8, 2019 Page 6 The deliverables opened by this request will not be closed until the Committee is suf?ciently satis?ed with the responses provided, including whether the formatting instructions have been adhered to. The Committee reserves the right to, at its discretion, order an alternative organization of the submission. The Department has a continuing duty to supplement the record by providing relevant documents and tangible things to the Committee until the matter is closed. Government of?cials and private individuals who seek to use the Department for personal enrichment, or who make poor decisions that waste taxpayer dollars or negatively affect the delivery of veterans? healthcare and bene?ts must held to account. Please produce these documents by February 22, 2019. Should you have any questions about this request, please contact Grace Rodden, Committee General Counsel, at (202) 225-9756 or at grace.rodden?lmailhousegov. Thank you for your prompt attention to this request. Sincerely, Mark Takano Chairman cc: Phil Roe, MD. Ranking Member