Cover Commission Communication
| Tracking # |
19-00614-F |
| Submitted | Oct. 17, 2018 |
| Est. Completion | None |
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Communications
From: Jasper Craven
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All e-mail communication between White House advise Jake Leinenkugel and members of the COVER Commission between July 1, 2018 and present day. Keywords include "hyperbaric oxygen," "alternative treatment," "lobbying," "Heller," "evidence," and "PTSD."
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Jasper Craven
From:
The request has been forwarded from one agency to another agency or department for further review or follow up.
From:
The request has been forwarded from one agency to another agency or department for further review or follow up.
From:
Good morning:
Please see the attached document concerning your FOIA request to the Department of Veterans Affairs FOIA Service Center.
VACO FOIA Service
Quality, Privacy, and Risk (QPR)
Office of Information and Technology (OI&T)
Fax: (202) 632-7581
vacofoiaservice@va.gov<mailto:vacofoiaservice@va.gov>
FOIA Service Hotline: 1-877-750-3642
Please take a moment and let us know how we did by completing a quick evaluation: Got a minute? Rate Our Service!<https://vaww.vashare.oit.va.gov/sites/QPR/Lists/QPR%20Customer%20Satisifaction%20Evaluation/Item/newifs.aspx>
[cid:image001.png@01D3A63F.FC6D0530]
QPR's Mission Statement:
"To instill and promote a culture of quality, privacy and risk management in collaboration with our business partners to enable a better Veteran experience."
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image001
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #19-00614-F.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #19-00614-F.
Thanks for your help, and let me know if further clarification is needed.
From:
Good morning,
If you wish to know the status of your request, please contact them directly at the following address:
Department of Veterans Affairs
OSVA, (002B) VACO
FOIA Officer: Richard Ha
810 Vermont Avenue, NW
Washington, DC 20420
Email: osvafoia@va.gov<mailto:osvafoia@va.gov>
Phone: (202) 632-5286
Fax: (202) 273-4880
VACO FOIA Service
Quality, Performance, and Risk (QPR)
Office of Information and Technology (OI&T)
Office: (202) 632-7426 / Fax: (202) 632-7581
vacofoiaservice@va.gov<mailto:vacofoiaservice@va.gov>
FOIA Service Hotline: 1-877-750-3642
Please take a moment and let us know how we did by completing a quick evaluation: Got a minute? Rate Our Service!<https://vaww.vashare.oit.va.gov/sites/QPR/Lists/QPR%20Customer%20Satisifaction%20Evaluation/Item/newifs.aspx>
[cid:image001.png@01D3A63F.FC6D0530]
QPR's Mission Statement:
"To instill and promote a culture of quality, privacy and risk management in collaboration with our business partners to enable a better Veteran experience."
-
image001
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 17, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #19-00614-F.
Thanks for your help, and let me know if further clarification is needed.
From:
Good morning,
Mr. Craven would like to know that status of his request.
Thank you,
VACO FOIA Service
Quality, Performance, and Risk (QPR)
Office of Information and Technology (OI&T)
Office: (202) 632-7426 / Fax: (202) 632-7581
vacofoiaservice@va.gov<mailto:vacofoiaservice@va.gov>
FOIA Service Hotline: 1-877-750-3642
Please take a moment and let us know how we did by completing a quick evaluation: Got a minute? Rate Our Service!<https://vaww.vashare.oit.va.gov/sites/QPR/Lists/QPR%20Customer%20Satisifaction%20Evaluation/Item/newifs.aspx>
[cid:image001.png@01D3A63F.FC6D0530]
QPR's Mission Statement:
"To instill and promote a culture of quality, privacy and risk management in collaboration with our business partners to enable a better Veteran experience."
-
image001
From:
Good afternoon Mr. Craven,
OSVA is working on this. OSVA can make a partial release, if there are any records, by COB, next Friday, February 22, 2019. We appreciate your patience. The past two (2) weeks, I took three (3) days of sick leave. In FY17, OSVA received eighty-nine (89) FOIA requests. In FY18, OSVA received one hundred eighty-one (181) FOIA requests. Unfortunately, I am the only OSVA FOIA employee.
However, we are hiring another OSVA FOIA employee. That announcement was at: https://www.usajobs.gov/GetJob/ViewDetails/523292300. I also had to spend a day and a half (1.5) days so far preparing the USAjobs announcement and resume reviews. However, once the new OSVA FOIA employee comes in, we believe we can respond to FOIA requests more quickly.
Regards,
Richard Ha, JD, CIPP/G
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
202-632-5286 o
202-309-3072 c
Richard.ha1@va.gov<mailto:Richard.ha1@va.gov>
Telework Weds
CWS 2nd Mon
These messages and attachments are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552(b)(3) prohibiting the release of information that another statute prohibits; 41 U.S.C. § 4702(b) prohibiting the release of unincorporated proposals; 41 U.S.C. § 423(a) prohibiting the release of bid or proposal information or evaluations before award; 26 U.S.C. § 6103 prohibiting the release of tax identification numbers; 5 U.S.C. § 552(b)(4) prohibiting the release of confidential commercial information; 5 U.S.C. § 552(b)(5) under the deliberative process, attorney-client, and work product privileges; and 5 U.S.C. § 552(b)(6) protecting personally identifiable information. If you received these messages and attachments in error, you must inform the FOIA Officer and destroy them immediately. The VA reserves its discovery rights including, but not limited to, objections, privileges, motions, etc.
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image001
From:
February 22, 2019 In Reply Refer To: 001B
FOIA Request: 19-00614-F
Jasper Craven
MuckRock News
DEPT MR 58306
411A Highland Ave
Somerville, MA 02144-2516
requests@muckrock.com<mailto:requests@muckrock.com>; jclarkcraven@gmail.com<mailto:jclarkcraven@gmail.com>
Dear Mr. Craven:
This is the Partial Initial Agency Decision (IAD) to your Freedom of Information Act (FOIA) request to the Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA) dated and received October 17, 2018, and assigned FOIA tracking number 19-00614-F. You requested:
"All email communication between White House advise [sic] Jake Leinenkugel and members of the COVER Commission between July 1, 2018 and the present day. Keywords include 'hyperbaric oxygen,' 'alternative treatment' 'lobbying,' 'Heller,' 'evidence,' and 'PTSD.'"
Partial IAD & Reasonable Searches Dated 10/17/18 & 2/22/19
On October 17, 2018, our search cut-off date, and February 22, 2019, our follow-up search, the OSVA searched through Jake Leinenkugel's email boxes from July 1, 2018, to October 17, 2019. OSVA looked for communication with COVER Commission members Thomas Beeman, Matthew Amidon, Wayne Jonas, Jamil Khan, Shira Maguen, John Rose, Sheila Hickman, Shannon Beattie, Luis Carrillo, Fernanda Carrion, Alicia Carriquiry, Yessenia Castillo, Kristiann Dickson, Beth Engiles, Tracy Gaudet, Laura McMahon, Frances Murphy, Stacey Pollack, Kavitha Reddy, Beth Taylor, Wendy Tenhula, Drew Trojanowski, and Alison Whitehead. The OSVA FOIA Officer used the following search terms: 'hyperbaric oxygen,' 'alternative treatment' 'lobbying,' 'Heller,' 'evidence,' and 'PTSD.'"
This search yielded two thousand four hundred twenty (2,420) pages, of which OSVA now releases ninety-eight (98) pages. OSVA intends to send you the remaining two thousand three hundred twenty-two (2,322) pages, possibly redacted. After reviewing the ninety-eight (98) pages, OSVA redacts some information with FOIA Exemptions 5 and 6.
5 U.S.C. § 552(b)(5) exempts from disclosure "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 government is entitled to redact confidential government information given "the sensitivity of the commercial secrets involved, and the harm that would be inflicted upon the Government by premature disclosure." Federal Open Market Committee v. Merrill, 443 U.S. 340, 363 (1979). Redacted information includes VA electronic mail server code usernames. The release of this information would expose the VA, its employees, and its contractors to potential hacking and information technology security liabilities and risks. Releasing even a single VA username reveals the pattern to ascertain VA usernames that VA employees use to log into VA Systems of Records; releasing VA usernames exposes the VA, its employees, and its contractors to potential hacking and information technology security liabilities and risks.
5 U.S.C. § 552(b)(6) exempts from required disclosure "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." FOIA Exemption 6 permits VA to withhold a document or information within a document if disclosure of the information, 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. Specifically, the information being withheld, as indicated on the enclosed documents, under FOIA Exemption 6, consists of names, identities, email addresses, VA usernames, phone numbers, cellular numbers, and facsimile numbers of federal employees and private citizens; we however release the names and VA contact information of VA Senior Executives. Federal civilian employees and private citizens retain a significant privacy interest under certain circumstances, such as in instances where the release of their information could represent a threat to their well-being, harassment, or their ability to function within their sphere of employment. The federal civilian employees and private citizens whose information is at issue have a substantial privacy interest in their personal information. In weighing the private versus the public interest, except names and VA contact information of VA Senior Executives, we find that there is no public interest in knowing the names, identities, email addresses, VA usernames, phone numbers, cellular numbers, and facsimile numbers of federal civilian employees and private citizens. The coverage of FOIA Exemption 6 is absolute unless the FOIA requester can demonstrate a countervailing public interest in the requested information by demonstrating that the FOIA requester is in a position to provide the requested information to members of the general public and that the information requested contributes significantly to the public's understanding of the activities of the Federal government. Additionally, the requester must demonstrate how the public's need to understand the information significantly outweighs the privacy interest of the person to whom the information pertains. Upon consideration of the records, I have not been able to identify a countervailing public interest of sufficient magnitude to outweigh the privacy interest of the individuals whose names are redacted. The protected information has been redacted and (b)(6) inserted. Releasing even a single VA username reveals the pattern to ascertain VA usernames that VA employees use to log into VA Systems of Records; releasing VA usernames exposes the VA, its employees, and its contractors to potential hacking and information technology security liabilities and risks. "Withholding a telephone number or e-mail address, alone, is not sufficient to protect that [privacy] interest; alternate means of contacting and harassing these employees would be readily discoverable on the Internet if this court ordered their names disclosed." Long v. Immigration & Customs Enf't, 2017 U.S. Dist. LEXIS 160719 (D.C. Cir. 2017).
FOIA Mediation
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: John Buck
Email Address: vacofoiaservice@va.gov<mailto:vacofoiaservice@va.gov>
Office of Government Information Services (OGIS)
Email Address: ogis@nara.gov<mailto:ogis@nara.gov>
Fax: 202-741-5769
Mailing address:
National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001
FOIA Appeal
This concludes OSVA's partial IAD response to request 19-00614-F. Please be advised that should you desire to do so, you may appeal the determination made in this response to:
Office of General Counsel (024)
Department of Veterans Affairs
810 Vermont Avenue, NW
Washington, DC 20420
If you should 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 be advised that in accordance with VA's implementing FOIA regulations at 38 C.F.R. § 1.559, your appeal must be postmarked no later than ninety (90) days of the date of this letter.
Sincerely,
Richard Ha, JD, CIPP/G
OSVA FOIA Officer
Attachment - redacted ninety-eight (98) pages of emails concerning COVER Commission
Richard Ha, JD, CIPP/G
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
202-632-5286 o
202-309-3072 c
Richard.ha1@va.gov<mailto:Richard.ha1@va.gov>
Telework Weds
CWS 2nd Mon
These messages and attachments are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552(b)(3) prohibiting the release of information that another statute prohibits; 41 U.S.C. § 4702(b) prohibiting the release of unincorporated proposals; 41 U.S.C. § 423(a) prohibiting the release of bid or proposal information or evaluations before award; 26 U.S.C. § 6103 prohibiting the release of tax identification numbers; 5 U.S.C. § 552(b)(4) prohibiting the release of confidential commercial information; 5 U.S.C. § 552(b)(5) under the deliberative process, attorney-client, and work product privileges; and 5 U.S.C. § 552(b)(6) protecting personally identifiable information. If you received these messages and attachments in error, you must inform the FOIA Officer and destroy them immediately. The VA reserves its discovery rights including, but not limited to, objections, privileges, motions, etc.
From: U.S. Department of Veterans Affairs
Good Afternoon Mr. Craven,
Attached please find an electronic copy of our second interim Initial Agency Decision (IAD) and releasable records (000099-000600) in response to your Freedom of Information Act (FOIA) request to the Department of Veterans Affairs (VA) All e-mail communication between White House advise Jake Leinenkugel and members of the COVER Commission between July 1, 2018 and present day. The size of the releasable records exceeds that which can be sent in one email; as such, you will receive a total of two emails. This is email one of two.
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
From: U.S. Department of Veterans Affairs
Good Afternoon Mr. Craven,
This is email two of two.
Please confirm receipt of both emails.
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
From: U.S. Department of Veterans Affairs
Good Evening Mr. Craven,
Attached please find an electronic copy of our 3rd Interim Initial Agency Decision (IAD) and releasable records in response to your October 17, 2018 Freedom of Information Act (FOIA) request to the Department of Veterans Affairs (VA) in which you requested communications between Jake Leinenkugel and members of the COVER Commission. A total of 1,051 pages are being released to you. The megabyte size of the file exceeds that which may be sent electronically; as such, the file has been reduced to smaller folders. You will receive a total of 8 emails; this is email 1 of 8.
Please see the attached IAD for additional information.
Please confirm receipt of all emails.
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
From: U.S. Department of Veterans Affairs
Mr. Craven,
This is email 2 of 8 containing 19-00614-F releasable records (000801-001050).
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
From: U.S. Department of Veterans Affairs
Mr. Craven,
This is email 3 of 8 containing 19-00614-F 3rd Interim Releasable Records (001051-001150).
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
From: U.S. Department of Veterans Affairs
Mr. Craven,
This is email 4 of 8 containing 19-00614-F 3rd Interim Releasable Records (001151-0011240).
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
From: U.S. Department of Veterans Affairs
Mr. Craven,
This is email 5 of 8 containing 19-00614-F 3rd Interim Releasable Records (001241-001330).
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
From: U.S. Department of Veterans Affairs
Mr. Craven,
This is email 6 of 8 containing 19-00614-F 3rd Interim Releasable Records (001331-001430).
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
From: U.S. Department of Veterans Affairs
Mr. Craven,
This is email 7 of 8 containing 19-00614-F 3rd Interim Releasable Records (001431-001630).
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
From: U.S. Department of Veterans Affairs
Mr. Craven,
This is email 8 of 8 containing 19-00614-F 3rd Interim Releasable Records (001631-001651).
Please confirm receipt of all 8 emails.
Respectfully,
Ruthann Parise
OSVA FOIA/Privacy Officer
Office of the Executive Secretary
Office of the Secretary, U.S. Dept. of Veterans Affairs (OSVA)
ruthann.parise@va.gov<mailto:ruthann.parise@va.gov>
Phone: (202) 461-4866
iPhone: (202) 306-3112
This message and attachments, if any, are For Official Use Only, not to be shared outside intended parties, and may be exempt from disclosure pursuant to 5 U.S.C. § 552. If you received this message and attachments, if any, in error, you must inform the FOIA Officer and destroy them immediately.
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