Document RJQ9bK5n01rzvV0jn7NgV5478

To: Matthew Dermody[matthew_dermody@ios.doi.gov] From: "Rees, Gareth" <gareth_rees@ios.doi.gov> Sent: 2018-07-16T09:40:35-04:00 Importance: Normal Subject: Fwd: [EXTERNAL] Invitation for Mr. Bernhardt to meet with API Upstream Committee on July 17th in DC Received: 2018-07-16T09:40:35-04:00 This should cover it ----------Forwarded message----------From: McDonnell, Edward <edward.mcdonnell@sol.doi.gov> Date: Sat, Jul 14, 2018 at 3:15 PM Subject: Re: [EXTERNAL] Invitation for Mr. Bernhardt to meet with API Upstream Committee on July 17th in DC To: "Rees, Gareth" <gareth rees@ios.doi.gov> Cc: "Connors, Margaret" <margaret.connors@sol.doi.gov>. "Bernhardt, David" ios. doi, gov> Hi Gareth, After reviewing the invitation sent by the API to the Deputy Secretary to speak at the API Upstream Committee meeting on July 17, 2018 in Washington, DC, we have determined that there is no legal objection to Deputy Secretary Bernhardt's acceptance, on behalf of the Department of the Interior (DOI), of this invitation. It is our understanding that his attendance will be in his official capacity and that he will be making official remarks and presenting information on behalf of DOI and the U.S. Government at this event. We further understand that employees of approximately 30 separate organizations are expected to attend the meeting and that at least two of the expected attendees (1) are the Deputy Secretary's former clients under the administration ethics pledge and (2) have a covered relationship with the Deputy Secretary under 5 CFR 2635.502. Official Capacity Speech - The Deputy Secretary has reasonably determined that attendance at the API Upstream Committee meeting is part of his official duties and is an appropriate forum to present information on behalf of the DOI and the Government. The meeting will be from 8:00 am to 2:00 pm at API headquarters. The Deputy Secretary is expected to provide a 20-25 minute presentation to be followed by a 20-25 minute question and answer period. We understand that the Deputy Secretary's formal remarks as a speaker at the meeting will focus on matters related to the Department's mission, including the Outer Continental Shelf Financial Assurance Program. The Deputy Secretary will also have the opportunity to communicate with various attendees at the event about the mission of the DOI and to present information on behalf of the Administration relating to the President's policy goals and priorities. Since the Deputy Secretary's attendance at this event will be in his official capacity, he may accept any meal, refreshments, entertainment, instruction, or materials furnished to all attendees as an integral part of the meeting on July 17, 2018. 5 C.F.R. 2635.203(b)(8). Additionally, any Department staff whose presence at the meeting is essential to the Deputy Secretary's participation and presentation of official remarks may also accept free attendance at the event pursuant to 5 C.F.R. 2635.203(b)(8)(ii). Please note the following guidelines for the Deputy Secretary speaking/presenting information in an official capacity: 1. Ethics Pledge and 5 CFR 2635.502 - To avoid potential violation of the administration ethics pledge and 5 CFR 2635.502, the Deputy Secretary must not participate in the discussion of any particular matter involving a specific party or parties during his presentation or at any other time during the event. D0l_00011511_00012620 2. Official Title - Use of his official title is permitted as the Deputy Secretary will be attending and presenting in his official capacity. 5 C.F.R. 2635.702. 3. Endorsement - We remind the Deputy Secretary that he may not use his official Government position or title or any authority associated with his public office to endorse any product, service, or enterprise, including non-profit and charitable organizations that may have some affiliation with DOI. 5 C.F.R. 2635.702(c). 4. Nonpublic Information - The Deputy Secretary may not discuss at this event any nonpublic information he has gained by reason of his Federal position. 5 C.F.R. 2635.703. 5. No Partisan Political Activity - While the Deputy Secretary may discuss the Administration's policy priorities and ideological approach to proposed laws and regulations (especially in regard to DOI-related issues), he must strictly avoid partisan political activity in order to remain in compliance with the Hatch Act. Partisan political activity is any activity directed towards the success or failure of a political party, candidate for a partisan political office, or partisan political group and can include verbal remarks and speech. Please do not hesitate to contact us if you have any questions or concerns, or if we can be of any additional assistance. Thanks very much, Ed - Stewardship for America with Integrity and Excellence - --- Please note that a current or former employee who discloses information to an agency ethics official or a Government attorney does not personally enjoy an attorney-client privilege with respect to such communications. Additionally, reliance on the oral or written advice of an agency ethics official cannot ensure that an employee will not be prosecuted for a violation of Title 18 of the United States Code. However, good faith reliance on such advice is a factor that may be taken into account by the Department of Justice in the selection of cases for prosecution. --- Ed McDonnell Deputy Director, Ethics Law and Policy Departmental Ethics Office Office of the Solicitor U.S. Department of the Interior Located at: Main Interior Building Room 5313 Office: (202) 208-5916 Cell: (202) 510-8427 E-mail: edward.mcdonnell@sol.doi.gov Fax: (202) 208-551 5 (Please call or e-mail me to let me know you've sent me a fax as the fax machine is in a separate DOI_00011511_00012621