UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF INSPECTOR GENERAL DATE: AUGUST 16, 2016 PREPARED BY: CASE #: OI-AT-2016-CAC-0074 CROSS REFERENCE #: TITLE: UNKNOWN SUBJECT(S): THREAT LETTER MAILED TO EPA ADMINISTRATOR CASE CLOSING REPORT Subject(s) UNKNOWN SUBJECT(S) Location ATLANTA, GA Other Data VIOLATION(S): 18 U.S. Code § 111, Assaulting, resisting, or impeding certain officers or employees; U.S. Code § 876, Mailing threatening communications. ALLEGATION: Unknown Subject(s) mailed a threatening letter to the U.S. EPA Administrator. FINDINGS: On May 19, 2016, , EPA Protective Services Detail, turned over to EPA-OIG an anonymous letter addressed to the “EPA Administrator, 1200 Pennsylvania Ave NW, Washington, DC 20004” which was received by the EPA Administrator’s office on May 16, 2016. The letter was hand printed and it stated “ Knows! There is an old saying in NY organized crime, ‘You hurt us and our families, and we will hurt you and your family’. The would say, ‘We know who you are, and we know where you live’.” The envelope associated with the threat letter was postmarked “Atlanta Metro 300”, “06 May 2016 PM8 L.” On May 23, 2016, EPA-OIG Special Agent (SA) contacted the U.S. Postal Inspection Service in Charlotte, NC, regarding the anonymous threat letter received by the U.S. EPA Administrator’s Office. On May 24, 2016, SA spoke telephonically with , , U.S. Postal Inspection Service, Charlotte Division - Atlanta Field Office, regarding the anonymous threat letter. SA emailed a copy of the threat letter and the envelope at the conclusion of the telephone call. On May 24, 2016, replied to SA email, advising that no further information can be obtained regarding this mailing, other than that the enveloped originated in the 300-305 zip code zones. noted that the North Metro plant processes mail for the majority of the northern third of the state. further noted that this particular letter was cancelled through the North Metro processing plant on May 6, 2016, so likely it was dropped into the mail stream the same day. RESTRICTED INFORMATION Page 1 This report is the property of the Office of Investigations and is loaned to your agency: it and its contents may not be reproduced without written permission. The report is FOR OFFICIAL USE ONLY and its disclosure to unauthorized persons is prohibited. Public availability to be determined under 5 U.S.C. 552. advised that the Postal Inspector National Headquarters Dangerous Mail Group is not aware of any associated mailings. SA also coordinated with the U.S. Secret Service, the Federal Bureau of Investigation, and the U.S. Marshals Service. All advised that they had not seen a similar letter, but would coordinate with SA if their protectees or organizations received similar letters. DISPOSITION: On June 6, 2016, EPA-OIG Special Agent presented the facts of this case telephonically to Assistant United States Attorney Bernita Malloy, U.S. Attorney’s Office, Northern District of Georgia, for possible violations of 18 U.S. Code § 111, Assaulting, resisting, or impeding certain officers or employees and 18 U.S. Code § 876, Mailing threatening communications. Specifically, SA presented the particulars of the anonymous threatening letter previously identified in this investigation. After hearing the facts of this investigation, Assistant United States Attorney Malloy declined the case. Case is recommended for closure. RESTRICTED INFORMATION Page 2 This report is the property of the Office of Investigations and is loaned to your agency: it and its contents may not be reproduced without written permission. The report is FOR OFFICIAL USE ONLY and its disclosure to unauthorized persons is prohibited. Public availability to be determined under 5 U.S.C. 552. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF INSPECTOR GENERAL 1445 ROSS AVENUE. SUITE 1200 DALLAS. TX 75202 CASE OI-DA-2017-C AC -0021 CROSS REFERENCE TITLE: - EMAIL THREAT To EPA ADMINISTRATOR CASE SIGNIFICANT INCIDENT REPORT NARRATIVE: . Of?ce of Investigations, (OI) On November 2. 2016. Of?ce of Inspector Genera . OIG U.S. Env1roninenta Protection A enc EPA). Dallas. Texas. . regarding an received an email from ecial A ent . email threat? private citizen. Texas. sent to Gina McCarthy. EPA Administrator. 1e emai stated the following: M?essng .-- rant: [mafita @gma?.r?om) sent Thursdm', October 201'6, 9:10 Pill-f To: A-charrhv, Gina Subject: Ban ghpitosme or die you haggard Hart bitch.? DIEDIEDIEDIEDIEDIEDIEDIE. continued in email ex laining the harmful use of hosate. - '3 email ended W?ll?l ?Thank you. us?. This investigation is being opened because it is within the jurisdiction to investigate threats against EPA employees. The potential violations is but not limited to 18 U.S.C 375 (Interstate onnmmication); 18 U.S.C. 115(a)(2) (Influencing. impeding. or retaliating against a Federal of?cial by threatening). On November 10. 2016. verbally presented this case to Assistant District Attorney (ADA) Investigator . on behalf of ADA John Best for prosecution consideration concerning the aforementioned Texas Penal Codes. 011 November 14. 2016. sent an email statin ADA Best reviewed the case background information Attachmentjs 1: None RESTRICTED INFORMATION This report is the property of the Of?ce of Investigations and is loaned to your agency: it and its contents may not be reproduced without written permission. The report 15 FOR OFFICIAL USE ONLY and its disclosure to unauthorized Page persons is prohibited. Public availability to be determined under 5 U.S.C. 552. SD14. 71% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY M. :3 WASHINGTON, DC. 20460 e- ?42? ??09 FRO JUi'f 9 20V OFFICE OF ENFORCEMENT MEMORANDUM COMPLIANCE ASSUQEECE SUBJECT: Exemption Request to EPA Extema?L Hiring Fr ze 1" FROM: Lawrence E. St r?eld, 4/gfi} Acting Assistant Admi of Enfo ement and Compliance Assurance l'l . . THRU: Donna J. V121an, l: Acting Assistant Administr toJr, Of?ce of Administration and Resource Management TO: Michael P. Acting Deputy Administrator, Of?ce of the Administrator The purpose of this memorandum is to request an exception to the external hiring freeze and permission to allow the Of?ce of Criminal Enforcement. Forensics and Training (OCEFT) to externally hire up to to provide protection services for the EPA Administrator. BACKGROUND On January 23, 2017, the President issued a Presidential Memorandum to all executive departments and agencies entitled ?Hiring Freeze.? While this memorandum directed that the heads of executive departments and agencies freeze hiring within their organizations, the memorandum did allow exceptions in certain limited circumstances. The memorandum speci?cally stated that . .(t)he head of any executive department or agency may exempt from the hiring freeze any positions that it deems necessary to meet national security or public safety responsibilities.? Traditionally the EPA has listed criminal investigators under the category of public safety responsibilities referenced in that guidance. Protection Services Detail (PSD) agents, like all other federal agents, are law enforcement of?cers charged with protecting public safety. More speci?cally though, the cornerstone of PSD work is focused on the safety and security of the EPA Administrator as he/she goes about their mission. This puts PSD agents in direct contact with other government employees and the general public on a daily basis. In this environment, the potential exists for incidents to arise that place the Administrator in harm?s way. This can be caused by threats directed towards the Administrator or by issues that occur in locations in which the Administrator would be attending. Such incidents might involve ?re, natural disasters, active shooters, medical emergencies, and disorders caused by civil disobedience. In any of these cases, the potential exists for the Administrator and those in his proximity to be affected by whatever issues are at play. A critical element of PSD work is to plan in advance for each of these scenarios in order to be able to react in such a way that ensures the safety of the Administrator and those around him in the event that any of these incidents arise. . Internet Address (URL) 0 0 Printed Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper ACTION REQUESTED On April 12, 2017, OMB issued a follow up memorandum that lifted the federal-wide freeze and provided guidance to departments and agencies for reforming the federal government and reducing the size of the federal workforce. On April 17, 2017, you issued a memorandum clarifying the April 12, 2017 OMB memorandum and stated that ?given our resource situation EPA will continue a freeze on external hiring.? Because of the critical needs to ?ll positions on the PSD, we are askin for an exception to the external hiring freeze and permission to allow exemption to hire up #0 staff this protection detail because we are unable to provide the level of support escri a ove with the current PSD staff. Hiring additional agents will bring PSD staf?ng to the level required to provide necessary protection services. Continuing to utilize other OCEFT criminal investigators to help manage this work load is pulling them away from their core mission of investigating environmental crimes in furtherance of the Agency?s mission to protect public health and the environment. If you determine that this request meets the required criteria, please exercise your authority to approve this exemption to the hiring freeze for the D. Approved: . lyichael P. Acting?uty Administrator Disapproved: Michael P. Acting Deputy Administrator cc: Mark Badalamente, Director, Of?ce of Administration and Policy Henry Bamet, Director, Of?ce of Criminal Enforcement, Forensics and Training UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF INSPECTOR GENERAL 5 POST OFFICE SQUARE, SUITE 100 at?! BOSTON, MA 02109 DATE: MARCH 24,2017 PREPARED BY: CASE a: OI-BO-2017-CAC-0076 CROSS REFERENCE a: TITLE: UNKNOWN SUBJECT: POTENTIAL THREAT TO EPA ADMINISTRATOR SCOTT FRUITT VIA POSTCARD CASE CLOSING REPORT Subject(s) Location Other Data UNKNOWN UNISOWN Title 18 U.S.C 876 Mailing Threatening Communications Title I8 111 Assaulting, Resisting, Impeding or Intimidating Certain Of?cers or Employees ALLEGATION: On March 15, 2017, the US. Environmental Protection Agency (EPA), Of?ce of Inspector General (010), Of?ce of Investigations (OI), Washington Field Of?ce (WFO), referred OIG hotline complaint number 2017-0160 to the Boston Field Of?ce for investigation. This complaint was re?ned because of an umolicited postcard with consenting rhetoric was sent to Administrator Scott Pruitt, EPA, 1200 Ave. NW. Washington, DC. FINDINGS: Upon examination of the postcard and rhetoric, statements such as, ?Get out while you still can, Scott", ?You are evil incarnite" and "you ignorant ?ick" were hand written on the message portion of the postcard. Statements as such may not constitute a direct threat but are of concern to the Agency. The postcard is postmarked, "Boston, MA, 21 FEB 2017? and received in the Of?ce of the Administrator on March 1, 2017. Also printed on the message side of the post card was the name of the image on the reverse side to be, in Red? by James Abbott McNeil] Whistler and the notation for the Museum of' Fine Arts, Boston (MFA). It is unclear at this time of any conscience underlying message or significant meaning to the title of the image and RETRICTED This report is the property ofthe Of?ce-cl Investigations and is loancdto your agency: It and Its contents may not be reproduced nilhoutnritten permission. The report is FOR OFFICIAL USE ONLY andits disclosure to Pay 1 unamhnrized persons is prohibited. Public av'nilnhilityto be determined under 5 USC. 552. correlation to it being sent to Administrator Pruitt. There was no sender information or signature recorded on the postcard. 01 inquired with the United States (US) Postal Inspection Service of the possibility of extracting any additional information from the postcard and was net with negative results. 0] inquired with the Security Operations, Departan of Protective Services, MFA, Boston, MA of the possibility in determining the origin of sale and/or a purchaser of the postcard could be determined. OI was told the postcard is not sold through outside vendors and most likely ptn'chased at the MFA. As for determining when or whom may have purchased the postcard, 01 was met with negative results. 0] inquired with the US Secret Service and the Federal Bureau of Investigation (FBI) Joint Terrorism Task Force (JTTF), Boston, MA if they are aware of any individual(s) who may have an unusual interest towards Administrator Pruitt ?'om the local area and was met with negative results. DISPOSITION: Because the postcard lacked a clear threat and the investigation was unable to determine a subject, the facts ofthis case were not presented to the United States Attomey?s O?ice, District of Massachusetts for prosecutorial consideration. Pending the discovery of new facts or evidence to support the violation(s) andfor identi?cation of a subjecds) this case will be closed atthis time. RESTRICTED INFO This repon islhe pmpertyofthe Of?ce at Investigations and IS loanedto your a?ncy: Itand Its contents may not be reproduced withoutwritten permission. The report is FOR OFFICIAL USE ONLY andits disclosure to Fag 2 unauthorized persons is prohibited Public availabililyto be determined under 5 U.S.C. 552. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF INSPECTOR GENERAL DATE: JULY 26, 2017 PREPARED BY: CASE OI-HQ-2017-ADM-0095 CROSS REFERENCE #1 TITLE: UNKNOWN SUBJECTS: INCIDENT AT MAYFLOWER HOTEL, WASHINGTON, DC CASE CLOSING REPORT Subject(s) Location Other Data Unknown 1 WASHINGTON D.C. VIOLATION: DC Code?22?3302? Unlawful entry on property. ALLEGATION: On April 7, 2017, the Of?ce of Investigations (01), Of?ce of Inspector Environmental Protection Agency (EPA), initiated a criminal investigation after receiving a complaint that two unknown protesters attempted to disrupt EPA Administrator Scott Pruitt?s speech during a closed conference held by the Environmental Council of States (ECOS) at the May?ower Hotel in Washington D.C. FINDINGS: Concerning the allegation that the unidenti?ed protestors violated DC C0de-22-3302? Unlawful Entry on Property, there is suf?cient evidence to support a ?nding that the unidenti?ed individuals violated DC Code-22?3302- Unlawful Entry on Property. On A ril 19th, 2017, during an interview with 01 Special Agents, Environmental Counsel of the States (ECOS) stated that the unidenti?ed individuals who disrupted Administrator Pruitt?s speech did not register for the event or pay the registration fee of $700.00 to $900.00 to attend the event. FOIA EPA-HQ-2018-001934, et al. 4H 5 DISPOSITION: On May 8, 2017, the facts of the case were presented to the Misdemeanor Section, District of Columbia, United States Attorney?s Of?ce (USAO) for criminal violations of DC Code-22- 3302- Unlawful ent on r0 ert . After being presented with the facts, the USAO declined em. Based upon the foregoing and in consultation with the Office of Counsel, OIG EPA, there are no further investigative steps to be taken and this case is recommended for closure. FOIA EPA-HQ-2018-001934, et al. SH 5 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF INSPECTOR GENERAL 1445 Ross Avenue, Suite 1200 Dallas, TX 75202 DATE: June 19, 2017 PREPARED BY: CASE CROSS REFERENCE #2 Hotline #2017-0215 TITLE: TWITTER THREAT To MURDER ADMINISTRATOR SCOTT PRUITT AN ATO MITCH MCCONNELL CASE CLOSING REPORT Subject(_s) Location Other Data I Para gould, Arkansas 1 18 U.S.C. 875 (Interstate Communication) and 18 U.S.C. 115(a)(2) (In?uencing, Impeding, or Retaliating Against a Federal Of?cial by Threatening) ALLEGATION: On April 9, 2017, Special Agent (8250* Of?ce of Investigations (01), Of?ce of Inspector General (OIG), United States Envu?onment Protection Agency (EPA), Washington, DC, discovered a threatening post on Twitter directed towards Senate Majori Leader Mitch McConnell and EPA Administrator Scott Pruitt. The tweet was posted by (6) Paragould, Arkansas. OI OIG, EPA, FINDINGS: On April 10, 2017, Resident Agent in Char _e RAC Dallas, Texas, coordinated this investigation with SA Federal Bureau of Investigations (FBI), Littlerock, Arkansas. On A r11 11, 2017, coordinated this investigation with (6) Joint Terr ask Force, FBI, Tulsa, Oklahoma; and Tulsa Police Department, Tulsa, Oklahoma. 7 On April 12, 2017, interviewe who admitted to postint etweets in question regarding Senator MC 1 and Adminis tor Pruitt on April 8, 2017. stated drinking while watching the Rachel Maddow show and posted the tweets as a ?ippan comment, not realizing at the time that they could be considered a threat i related included Administrator Pnritti in tweets becaus does not like Admm15trator P1 1tt?s record of suing the EPA. stated was very sorry actions and did not intend to threaten anyone. explh 0 means to act on threats RESTRICTED INFORMATION This report is the propu'ty of the Of?ce of Investigations and is ioanod to your agency. it and its contents may not be reproduced without writtm permission The report is FOR OFFICIAL USE ONLY and its disclosure to Page 1 unauthorized persons is prohibited. Public availability to be determined under 5 U.S.C. 552. FOIA EPA-HQ-2018-001934, et al. 11.115 DISPOSITION: On April 10, 2017, SA presented this case to Assistant United States Attorney (AUSA) Ali Ahmad, United Sta torney?s Of?ce, Eastern District of Arkansas, Little Rock, Arkansas, for criminal rosecution. AUSA Ahmad declined rosecution under the aforementioned mumble? -. This case is closed. FOIA et al. 12(15 TFIEY oowov. SOUTH CAROLINA ONE HUNDRED CONGRESS ELIJAH E. CUMMINGS. MARYLAND CHAIRMAN RANKING MINORITY MEMBER (Eungrezs at the flannel] ?tate? Emma uf iRepteaentatibea COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM 2157 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515-6143 MAJORITY (2 02) 225?5 074 MINOHI I [202} 225?5051 February 20, 2018 The Honorable Scott Pruitt Administrator US. Environmental Protection Agency 1200 Avenue, NW. Washington, DC. 20460 Dear Mr. Pruitt: Travel vouchers and other agency records show you ?ew in ?rst class on numerous occasions when traveling on of?cial business for the Environmental Protection Agency In response, EPA spokesman Jahan Wilcox stated due to security reasons you had a ?blanket waiver? to the federal regulation limiting of?cials? ability to ?y ?rst class.2 Wilcox subsequently amended the statement to specify a request for a waiver to ?y in ?rst or business class is submitted for every trip.3 Federal regulations require government travelers to obtain approval or authorization from their agency to use accommodations other than coach?class when traveling on of?cial business.4 Further, ?[b]lanket authorization of other than coach-class transportation accommodations is prohibited and shall be authorized on an individual trip-by?trip basis, unless the traveler has an up-to-date documented disability for special need.?5 Clearly, federal regulations prohibit a blanket waiver to ?y ?rst class except to accommodate disabilities or special needs. Instead, a waiver for each ?ight is required in order to ?y ?rst or business class when traveling on of?cial government business. To assist the Committee?s oversight of whether federal regulations regarding of?cial travel were followed, please provide the following documents and information: 1. Identify each ?ight taken by you for of?cial agency business between February 17, 2017 and February 16, 2018; and Juliet Eilperin Brady Dennis, First-Class Travel Distinguishes Scott Prm?tt?s EPA Tenure, WASH. POST (Feb. I 1, 2018), 1 e8-8b0d-89 1 8d. 2 Timothy Cama, Pruitt Has ?Blanket Waiver? to ?rst-Class Travel Rules, THE HILL (Feb. 13, 2018, 8:53 PM), 3 Eric Wolff, Emily Holden, Alex Guillen, EPA Changes Its Story on Pruitt ?s inst-Class Travel, POLITICO (Feb. 14, 2018, 6: 12PM), 4 Federal Travel Regulation, 41 C.F.R. 301-10123 (2009). 5 Id. at Note 2. The Honorable Scott Pruitt February 20, 2018 Page 2 2. For each ?ight please provide the following information and documentation regarding: a. Departure airport; b. Arrival airport; c. Of?cial agency reason for the travel; d. Whether the ticket was for coach, business, or ?rst class; and e. Total airfare cost. 3. In addition, for each ?ight for which a ?rst or business class ticket was purchased please provide the following information and documentation regarding: a. Whether an individual waiver to purchase a ?rst or business class ticket for the ?ight was obtained; b. If a waiver was received, please provide the waiver and any documentation related to the reason the waiver was granted; c. Identify all other EPA employees or members of your security detail who accompanied you in ?rst or business class; and d. The total airfare cost, including the airfare for individuals identi?ed in (0). Provide the requested documents and information as soon as possible, but no later than 5:00 pm. on March 6, 2018. An attachment to this letter provides additional instructions for responding to the Committee?s request. Please contact Caroline Nabity of the majority staff at (202) 225-5074 with any questions about this request. Thank you for your attention to this matter. Trey Gowdy Enclosure cc: The Honorable Elijah E. Cummings Responding to Committee Document Requests 1. In complying with this request, you are required to produce all responsive documents that are in your possession, custody, or control, whether held by you or your past or present agents, employees, and representatives acting on your behalf. You should also produce documents that you have a legal right to obtain, that you have a right to copy or to which you have access, as well as documents that you have placed in the temporary possession, custody, or control of any third party. Requested records, documents, data or information should not be destroyed, modified, removed, transferred or otherwise made inaccessible to the Committee. 2. In the event that any entity, organization or individual denoted in this request has been, or is also known by any other name than that herein denoted, the request shall be read also to include that alternative identification. 3. The Committee’s preference is to receive documents in electronic form (i.e., CD, memory stick, or thumb drive) in lieu of paper productions. 4. Documents produced in electronic format should also be organized, identified, and indexed electronically. 5. Electronic document productions should be prepared according to the following standards: (a) The production should consist of single page Tagged Image File (“TIF”), files accompanied by a Concordance-format load file, an Opticon reference file, and a file defining the fields and character lengths of the load file. (b) Document numbers in the load file should match document Bates numbers and TIF file names. (c) If the production is completed through a series of multiple partial productions, field names and file order in all load files should match. (d) All electronic documents produced to the Committee should include the following fields of metadata specific to each document; BEGDOC, ENDDOC, TEXT, BEGATTACH, ENDATTACH, PAGECOUNT,CUSTODIAN, RECORDTYPE, DATE, TIME, SENTDATE, SENTTIME, BEGINDATE, BEGINTIME, ENDDATE, ENDTIME, AUTHOR, FROM, CC, TO, BCC, SUBJECT, TITLE, FILENAME, FILEEXT, FILESIZE, DATECREATED, TIMECREATED, DATELASTMOD, TIMELASTMOD, INTMSGID, INTMSGHEADER, NATIVELINK, INTFILPATH, EXCEPTION, BEGATTACH. 6. Documents produced to the Committee should include an index describing the contents of the production. To the extent more than one CD, hard drive, memory stick, thumb drive, box or folder is produced, each CD, hard drive, memory stick, thumb drive, box or folder should contain an index describing its contents. 7. Documents produced in response to this request shall be produced together with copies of file labels, dividers or identifying markers with which they were associated when the request was served. 8. When you produce documents, you should identify the paragraph in the Committee’s schedule to which the documents respond. 9. It shall not be a basis for refusal to produce documents that any other person or entity also possesses non-identical or identical copies of the same documents. 10. If any of the requested information is only reasonably available in machine-readable form (such as on a computer server, hard drive, or computer backup tape), you should consult with the Committee staff to determine the appropriate format in which to produce the information. 11. If compliance with the request cannot be made in full by the specified return date, compliance shall be made to the extent possible by that date. An explanation of why full compliance is not possible shall be provided along with any partial production. 12. In the event that a document is withheld on the basis of privilege, provide a privilege log containing the following information concerning any such document: (a) the privilege asserted; (b) the type of document; (c) the general subject matter; (d) the date, author and addressee; and (e) the relationship of the author and addressee to each other. 13. If any document responsive to this request was, but no longer is, in your possession, custody, or control, identify the document (stating its date, author, subject and recipients) and explain the circumstances under which the document ceased to be in your possession, custody, or control. 14. If a date or other descriptive detail set forth in this request referring to a document is inaccurate, but the actual date or other descriptive detail is known to you or is otherwise apparent from the context of the request, you are required to produce all documents which would be responsive as if the date or other descriptive detail were correct. 15. Unless otherwise specified, the time period covered by this request is from January 1, 2009 to the present. 16. This request is continuing in nature and applies to any newly-discovered information. Any record, document, compilation of data or information, not produced because it has not been located or discovered by the return date, shall be produced immediately upon subsequent location or discovery. 17. All documents shall be Bates-stamped sequentially and produced sequentially. 18. Two sets of documents shall be delivered, one set to the Majority Staff and one set to the Minority Staff. When documents are produced to the Committee, production sets shall be delivered to the Majority Staff in Room 2157 of the Rayburn House Office Building and the Minority Staff in Room 2471 of the Rayburn House Office Building. 19. Upon completion of the document production, you should submit a written certification, signed by you or your counsel, stating that: (1) a diligent search has been completed of all documents in your possession, custody, or control which reasonably could contain responsive documents; and (2) all documents located during the search that are responsive have been produced to the Committee. Definitions 1. The term “document” means any written, recorded, or graphic matter of any nature whatsoever, regardless of how recorded, and whether original or copy, including, but not limited to, the following: memoranda, reports, expense reports, books, manuals, instructions, financial reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, inter-office and intraoffice communications, electronic mail (e-mail), contracts, cables, notations of any type of conversation, telephone call, meeting or other communication, bulletins, printed matter, computer printouts, teletypes, invoices, transcripts, diaries, analyses, returns, summaries, minutes, bills, accounts, estimates, projections, comparisons, messages, correspondence, press releases, circulars, financial statements, reviews, opinions, offers, studies and investigations, questionnaires and surveys, and work sheets (and all drafts, preliminary versions, alterations, modifications, revisions, changes, and amendments of any of the foregoing, as well as any attachments or appendices thereto), and graphic or oral records or representations of any kind (including without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, recordings and motion pictures), and electronic, mechanical, and electric records or representations of any kind (including, without limitation, tapes, cassettes, disks, and recordings) and other written, printed, typed, or other graphic or recorded matter of any kind or nature, however produced or reproduced, and whether preserved in writing, film, tape, disk, videotape or otherwise. A document bearing any notation not a part of the original text is to be considered a separate document. A draft or non-identical copy is a separate document within the meaning of this term. 2. The term “communication” means each manner or means of disclosure or exchange of information, regardless of means utilized, whether oral, electronic, by document or otherwise, and whether in a meeting, by telephone, facsimile, email (desktop or mobile device), text message, instant message, MMS or SMS message, regular mail, telexes, releases, or otherwise. 3. The terms “and” and “or” shall be construed broadly and either conjunctively or disjunctively to bring within the scope of this request any information which might otherwise be construed to be outside its scope. The singular includes plural number, and vice versa. The masculine includes the feminine and neuter genders. 4. The terms “person” or “persons” mean natural persons, firms, partnerships, associations, corporations, subsidiaries, divisions, departments, joint ventures, proprietorships, syndicates, or other legal, business or government entities, and all subsidiaries, affiliates, divisions, departments, branches, or other units thereof. 5. The term “identify,” when used in a question about individuals, means to provide the following information: (a) the individual's complete name and title; and (b) the individual's business address and phone number. 6. The term “referring or relating,” with respect to any given subject, means anything that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with or is pertinent to that subject in any manner whatsoever. 7. The term “employee” means agent, borrowed employee, casual employee, consultant, contractor, de facto employee, independent contractor, joint adventurer, loaned employee, part-time employee, permanent employee, provisional employee, subcontractor, or any other type of service provider. Janittd Emma Smart WASHINGTON, DC 20510 April 10, 2013 The Honorable John Barrasso Chairman Senate Committee on Environment and Public Works 410 Dirksen Senate Office Building Washington, DC. 20510 Dear Chairman Barrasso, We write to request that the Senate Environment and Public Works (EPW) Committee immediately initiate bipartisan oversight hearings into the extent and justi?cation of security spending for Environmental Protection Agency (EPA) Administrator Scott Pruitt. Documents provided to us by EPA official(s) suggest the agency has relied on questionable "threats" to the Administrator, including reports of non-violent protests, negative feedback about the Administrator?s actions, or other First Amendment protected activity, tojustify millions of dollars in additional security spending, including ?rst-class air travel, as compared to his predecessors at the agency. These non- public documents include security threat assessments from the United States Secret Service that identify no ?reports of behaviors of interest? against Administrator Pruitt, and an internal EPA Intelligence Of?ce report that disputes the Administrator?s claims that the nature of the threats against him justify his expenditures. We are providing this information to you under con?dential cover in an abundance of caution to protect any specific ongoing security efforts. Administrator Pruitt has adopted numerous, unprecedented safety measures during his tenure at EPA: 24-? security staffed by a detail of as many as 20 EPA officers, first-class flights ostensibly to more effectively protect the Administrator while travelling by air, and a security sweep of and biometric locks for the Administrator?s office. The Associated Press reported this weekend that total security costs and associated travel expenses have already cost taxpayers $3 million.1 EPA spokesman Jahan Wilcox was quoted on April 6 as saying the Administrator and his family have faced an ?unprecedented" number of death threats, a statement that was ampli?ed the following day by President Trump who stated that "Scott Pruitt has received death threats because of his bold actions at in its March 21, 2013 response to a February 15. 2018 letter from Senators Tom Carper and Gary Peters about the Administrator?s first-class ?ights, EPA wrote that its Protective Security Detail (PSD) ?has identi?ed specific, ongoing threats associated with the Administrator?s air travel" and has relied on assessments from Of?ce of Inspector General (EPA OIG) that the Administrator is facing more security threats than his predecessor. These assertions do not appear to be consistent with the non-public EPA documents we have obtained and enclose here. For example, one document we are providing to you is an October IT. 20] 7' memorandum from William Stull, Special Agent on the Administrator?s PSD, to Pasquale Nino Perrotta, the Michael Biesecket, sources: EPA chief spent millions on security and travel,? The Associated Press, April 7, 20 I 8 human-mun 7705a34l'da46. 2 F20 I 8%2 Fpolitics%2 Ftrump-pruitt-epa- tweet%2Findex.htm] Special Agent in Charge.3 The memo purports to summarize available threat information regarding Administrator Pruitt, claiming that the EPA 010 data showed 16 threatsdirected against the; Administrator, a 400% increase over threats in the previous fiscal yeara'gainst then-EPA .AdministratorGina McCarthy. A closer look at the description of manyof these threats. cast doubt that they appropriatelyjutitify- the kinds of security measures Mr. Pruitt has sought, as: they include: ?1 Protesters attempting-to disrupt a speech. given by Mr. Pruitt at a closed event. :1 A social media post in which an individual ?stated he is. not happy with some of'the Administrator is policies and wanted to express his displeasure.? 6. A postca1d sent to the Administrator stating CLIMATE CHANGE IS We are watching you. For the sake of ourplanet, our children 8a our g1 andch1ldren will you be a reasonable man? I repeat, We are watching you i? a An email. stating: ?Hi, I. am considering dumping the old paint. Ijust scraped off of my home- cutside your of?ce door on Tuesday.? a A letter-addressed to theAdministrater that-did not include ?overt threatening language? from an incarcerated individual. Notably, none of the incidents listed in this report concerned air travel and the only threat to Administrator Pruitt currently being prosecuted by-?a United .States Attorney?s was a threat made to him. and his predecessor Gina-McCarthy. The October assessmentalso statesthat at the time there known investigations underway concerning threats to Scott Pruitt? by the Joint'Terrorism Task Force, and that an. open-source-review. of social media uncovered ?no-evidence of a. direct threat to the Administrator?s life well- being.? we have also obtained, and are. providing to you, .a document dated February 14,2013, from Of?ce of Homeland Security Intelligence Team titted. ?Preliminary .l nteliigenCe Enterprise Threat Assessment Review,? which reviewed. the October 1'7, 201? memo. This memo concluded October .17 memo NOT employ sound analysis or articulate relevant ?threat specific? information appropriate to draw any resource or ievei of threat conclusions regarding the. protection posture for the'Administrator.? (Emphasis in The memo states that ?[u]sing all source intelligence has not identi?ed an)r specific credible direct th rent-to. the EPA. Administrator?? (Emphasis in original.) The Fe bruary 20.1 8' memo describes repeated efforts"by=- EPA Intelligence otiicials totei] EPA DIG and EPA is senior leadership that ?the ?threat.? to the Administrator was being inappropriately We. wrote to EPA. on March 1201.3, raising numerous concerns about Mr. Perrotta, including potential self- dealing, and. questioning his abilitytc run.- a security consulting. business while employed at EPA, We also raised concerns about how Mr. Per-rotta came to be Special Agent in Charge which have been heightened in light of recent reporting by the New York Times that Mr Perrotta predecessor, Eric Weese, was removed. from his position. for when he ?questioned- Mr?. Pruitt desire. to use ?ashing lights and sirens in his motorcade. Size Eric Lipton, Kenneth P. Vogel, Lisa Friedman, A Of?cials Sidelined After Questioning Scott Pruitt,? New York. Times; April 5, 2013. . We have not- yet received a response from EPA to that letter. 4' One role of thisof?ce ?is to identify potential vulnerabilities, and to'provide information and guidanceto. mitigate potential violent. actions evolving from inappropriate communications andfor threats that are directed at EPA promoted persons and facilities? Apparently it has been excluded from assessments and decision- making related to the? Administrator 5 securitv. This. suggests a breakdown of communication and coordination within EPA that shouldalso be an area of? inquiry by the EPW Committee mischaracterized by the Protective Service Detail (PSD) and the 010" and notes that EPA Intelligence has ?not seen any analysis to indicate why the Administrator would be at any greater risk on a commercial airline than any other passenger, or why a trained EPA PSD member could not protect the Administrator in a different location on the aircraft [than in the business or ?rst-class section].? Intelligence Team requested from the United States Secret Service a ?Direction of Interest Query? on February 2 2017 and on February 22, 20l 8 for potential threats against Administrator Pruitt. Neither query returned any ?reports of behaviors of interest directed toward EPA Administrator Pruitt." We have provided you both United States Secret Service reports with this letter. It is hard to reconcile the public statements of EPA, and the President, with these internal and external assessments. it may be that the materials we have been provided are incomplete and that EPA has additional information thatjustifies its public position. However, another view is that certain factions within EPA have justi?ed the exorbitant taxpayer spending incurred by the Administrator?s ?rst?class travel and large entourage of security personnel through unsubstantiated claims about threats to his security, either at the direction of the Administrator himself or others in the agency. Either way. the EPW Committee has a responsibility to look into these matters. As you review this information, we urge you to remind EPA of its obligations under the Whistleblowers Protection Act, as amended. In our view, the documents provided to us may constitute evidence of a ?violation of law, rule, regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety."5 As such, any adverse personnel action against a person providing this information to Congress is prohibited, and it is in our shared interest that these rights be protected. We thank you for your prompt attention to this matter, and look forward to working with you. Sincerely, Thomas R. Carper on hi ouse United States SenatorV United States Senator cc: Arthur A. Elkins, Jr., Inspector General, Environmental Protection Agency 5 5 U.S.C. 2302(1)} (I UNITED STATES ENVIRONMENTAL PROTECTION AGENCY it :5 WASHINGTON, oc. 20450 ?fr- ?ti-"i ?1 OFFICE OF 5. 3t) 3 ENFoacarsEr-I: Art-o COMPLIANCE ASSURANCE ORAN in SL7 .--\pproya| ol? Request for )utsitle Activity 'lirnployment FROM: Jonathan S. Cole Deputy lithics "licial Associate Director ()l?tice ol't'riminal linl?orcentent. l-?orensics and training T0: Pasquale l?cr't'otta Special Agent You have requested approval for outside employment in accordance with 5 ?64tll . 03. to consult or develop husiness- or hoth. For a security ?rm that will provide eyher~ security and denial ot'service insurance to consumers. The hasis for your compensation will he by commission. You state that you will he in this activity and that you expect to provide consulting to 2-3 clients. For approximately 3-6 hours per weelt. You are a Special Agent with on the Protective Services Detail. You state that all consulting and husiness activities relating to this outside employment will he conducted outside ot'your hours or tayailahility payt requirements. or any necessary unexpected or emergency Work. You also state that no oI?Iicial tluty time or (ioyernment property. resources. or l'acilities not available to the general public will he used in connection with the outside employment- and that you will not he employed pursuant to an contract or grant. ?t'ou indicate that hate read. are l'arniliar with. and oil] ahide hy the restrictions descrihed in :1 Lil-"R l?art 2(i35 (Suhpat't on (Jutsitle .I?tctiyitiest and Section tlil?A?s Supplemental Regulations}. am approving your request to accept this outside employment and conduct it in accordance with the applieahle rules and regulations ct'ntcerning outside employment. Please keep in mind that it the nature or scope ol? the duties or services performed changes. you must submit a reyised request l'or :tppr'oyal, .-\hsent such changes. this approval is et'l'ectiye for a Internet Address 3 {Fm-m epa gov 0 Printed Vegetable Oil Based Int-ts on 10139.; Postcortsurnen Process Crttorrne Frat: Recycled Paper in My period of ?ve years. The Office of General Counsel (OGC) has noted certain issues which should guide you in conducting this outside employment. The first issue relates to the use of your of?cial title. In order to comply with ethics guidelines, you should not refer to your of?cial title or position, to avoid creating the appearance that your activities or services are in any way approved by or af?liated with the EPA. You should also be alert to the potential for con?icts of interest if you represent your outside employer back to the federal government, so you should not do so in relation to any contracts or consulting agreements, or other activities. Please feel free to contact me to discuss any particular situation that might potentially raise a concern. You must also be sure to report this outside activity on your OGE Form 450, Confidential Financial Disclosure Statement, as appropriate, including as an outside positionland a source of income. If you have any questions concerning this memorandum or the issues discussed, please contact me at (202) 564?2533. cc: Jonathan S. Cole Steven Drielak Brian Mass Sam Wiggins