response20to20Sen20Whitehouse20on201-31-17201.pdf

Pg? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 I a 4t OFFICE OF GENERAL COUNSEL 1qu 3 I 2017 The Honorable Sheldon Whitehouse United States Senate 530 Hart Senate Office Building Washington, DC 20510 Dear Senator Whitehouse: Thank you for your letter of January 27. 2017, in which you asked for an update on the procedures that the United States Environmental Protection Agency (EPA) follows to ensure that all new employees are aware of the federal ethics laws and regulations. ETHICS BRIEFINGS As required by 5 C.F.R. 2638.304, all new employees must have initial ethics training. Effective January 1. 2017. this training can be offered quarterly. so an entering employee may receive the initial ethics brie?ng anytime within his or her initial ninety days at the Agency. In addition, pursuant to recently revised 5 .F.R. 2638.305. an incoming Administrator will be required to have an ethics brie?ng to discuss individual immediate ethics obligations. At the Agency?s election, this training may be combined with the new employee ethics training. WHAT THE EPA HAS DONE To familiarize incoming political appointees with their ethics obligations and to assess any potential con?icts of interest. the EPA provided new employee ethics orientation sessions to incoming political appointees. Those brie?ngs meet the requirements ofS C.F.R. 2638.304. During the brie?ngs, the EPA explained that the individuals will need to ?le public financial disclosure reports. the OGE 278, through INTEGRITY in accordance with 5 C.F.R. 2638.203, within thirty days of entering federal service. See 5 2635.204. The EPA also inquired about ownership interests and any spousal employment to identify potential ?nancial conflicts pursuant to 18 U.S.C. 208, and about covered relationships to identify potential impartiality concerns pursuant to 5 C.F.R. 2635. Subpart E. The individuals to whom the EPA has provided in-person ethics orientation sessions are33', Q'?v?i??gg a 4m at gait; i ins/air?? -- . Bangerter, Layne Temporary Transitional Schedule authority January 16. 2017 (provisional appointment) Benton, Don Temporary Transitional Non-Career SES authority January 18? 2017 (provisional appointment) Davis, Patrick Temporary Transitional Schedule authority January 16, 2017 (temporary appointment) Doug Temporary Transitional Schedule authority January 18, 2017 (temporary appointment) Greaveg. Holly Temporary Transitional Non?Career SES authority January 18, 2017 (provisional appointment) Konkus, John Temporary Transitional Schedule authority January 27. 2017 Kreutzer. David Temporary Transitional Schedule authority January 17? 2017 {provisional appointment) Munoz, Charles Temporary Transitional Schedule authority January 18, 2017 (provisional appointment) Schwab, Justin Temporary Transitional Schedule authority January 16? 2017 (provisional appointment) Schnare, David Temporary Transitional Non?Career SES authority January 18. 2017 (provisional appointment) Sugiyama, George Temporary Transitional Schedule authority January 17. 2017 (provisional appointment) These individuals are the only political appointees currently at the EPA. Other than routine coordination with the Department of Justice, the Of?ce of General Counsel has not briefed individuals who are not employees of the EPA on matters currently in litigation. Following the initial ethics brie?ng, the Senior Counsel for Ethics summarized the ethics advice given based upon each person?s individual situation in an email, including, where necessary, any areas of potential conflict or impartiality concerns. Then. beginning the week of January 23, 2017, after the individuals became employees of the EPA, she began to formalize ethics advice to them, including instructions on seeking authorization for outside activities where necessary. For the incoming political appointees who are attorneys, the EPA has reminded them about their own obligations under their state bar rules. No waivers or impartiality determinations have been issued to any of the incoming political appointees. On Saturday, January 28, 2017, President Donald J. Trump signed an executive order that set forth additional ethics restrictions for his appointees. The EPA will review that order and provide additional training to the political appointees already at the EPA, as necessary. and ensure that they sign the President?s pledge. is.) We appreciate your continued interest in ensuring that the EPA provides effective ethics advice and counseling to our employees. If you have further questions. you may contact me, minoli.kevin@ena.gov or (202) 564-8064. or Justina Fugh. Senior Counsel for Ethics, or (202) 564-1786, and please copy Christina Moody ofthe EPA's Of?ce of Congressional and Intergovernmental Relations, or (202) 564- 0260. Sincerely yours, Kevin S. Minoli Designated Agency Ethics Of?cial Acting General Counsel