THE DEPUTY SECRETARY OF THE INTERIOR WASHINGTON AUG 1 52017 To: Secretaly Acting Solicitor Acting Assistant Secretaries Acting Bureau Directors Associate Deputy Secretary Chiefof Staff Deputy ChiefofStaff Designated Agency Ethics Of?cial (DAEO) From: Deputy Secretar_ Subject: Ethics Recusal The purpose of this letter is to inform you that in accordance with my ethics agreement (attached) of May 1, 2017, as required by 18 U.S.C. 208(a). I will not participate personally and substantially in any particular matter in which I know that I have a ?nancial interest directly and predictably affected by the matter, or in which I know that a person whose interests are imputed to me has a ?nancial interest directly and predictably affected by the matter, unless I ?rst obtain a written waiver, pursuant to 18 U.S.C. 208(b)(l), or qualify for a regulatory exemption, pursuant to 18 U.S.C. 208(b)(2). I understand that the interests ofthe following persons are imputed to me: any spouse or minor child of mine; any general partner of a partnership in which I am a limited or general partner; any organization in which I serve as of?cer, director, trustee, general partner or employee; and any person or organization with which I am negotiating or have an arrangement concerning prospective employment. In addition, I will not participate personally and substantially in any particular matter involving speci?c parties in which I know a former employer or client of mine is a party or represents a party for a period of one year after I last provided service to that employer or client, unless I am ?rst authorized to participate. pursuant to 5 C.F.R. As a Trump Administration political appointee. I have signed the Ethics Pledge (Exec. Order No. 13770) and I understand that 1 will be bound by the requirements and restrictions therein in addition to the commitments that I have made in this and any other ethics agreement. Accordingly, I will not participate personally and substantially, for two years after appointment, in any particular matter involving Speci?c parties in which a former employer or client of mine is or represents a party. if] served that employer or client during the two years prior to my appointment, unless ?rst authorized to participate, pursuant to Section 3 of Exec. Order No. 13770. Moreover, this two-year prohibition forbids my participation in any meeting or other communication with these entities unless (1) there are five or more different stakeholders present and (2) no particular matters involving speci?c parties are discussed. I am aware that I am prohibited by 30 U.S.C. 1211(f) from holding a ?nancial interest in any surface or underground coal mining operation. Additionally, I am aware that my position is subject to the prohibitions against holding any ?nancial interest in federal lands or resources administered or controlled by the Department of the Interior extended to me by supplemental regulation 5 C.F.R. 3501.103. In addition to a copy of my ethics agreement, I have attached a list of my current recusals under the Ethics Pledge and 5 C.F.R. 2635.502. This list will be updated as necessary. Additionally, to facilitate the implementation of best ethics practices, I have included a document entitled ?Guidance for Recusal Analysis? to assist in screening matters before the Department to determine Whether they are subject to my recusal requirements. Particular matters involving speci?c parties, in which an entity included in my list of current recusals is a party or represents a party, are not to be referred to me and are to be resolved without my participation. Such matters include, but are not limited to, litigation, permits, grants, licenses, and agreements. Anyone having a question about my recusal agreement should bring the matter to the attention of Assistant Deputy Secretary Willens for a determination. In order to help ensure that I do not inadvertently participate in matters from which I should be recused, he will seek the assistance of an agency ethics of?cial as appropriate. Matters from which I am recused will be appropriately delegated for handling. If you have any questions, please be reminded that ethics advice must come from the DAEO or designee acting on the behalf, as only a designated ethics of?cial can make ethics determinations on which Department employees may authoritatively rely for safe harbor. In consultation with an agency ethics of?cial, I will revise and update this memorandum whenever that is warranted by changed circumstances. In the event of any changes to this screening arrangement, I will provide you a copy of the revised screening arrangement memorandum. Attachments May I, 2017 Melinda Loftin Designated Agency Ethics Of?cial and Director; Ethics Of?ce U. S. Department of the Interior 1849 Street, NW, MS 7-345 Washington, DC 20240- Dear Ms. Loftin: The purpose of this letter is to describe the steps that I will take to avoid any actual or apparent con?ict ofginterestgin the. event thatI am con?rmed fer the position of Deputy Secretary. of the Department of the: Interior. As required by 18 U.S.C. ?208(a), Iwill not participate personally and substantially in any particular matter in which I know that I have a ?nancial interest directly and predictably affected by the matter, or in which I know that a person whose interests are imputed to me has a ?nancial interest directly and predictably a??ected by the matter, unless I ?rst obtain a written waiver, pursuant to 18 U. 208(b)(1), or qualify for a regulatory exemption, pursuant to 18 U. S. C. 208(b)(2). I understand that the interests of the following persons are imputed to me: any spouse or minor child of nune any general partner of a partnership which I am a limited or general partner; any organization in which I serve as of?cer, director,- trustee, general partner or. employee; and any. person or organization with whiCh I am negotiating or hate an arrangement concerning prospective employment Upon con?rmatioml will withdraw from the partnership of Brownstein Hyatt Farber and Schreck, LLP, and all related entities Pursuant to the 2012 Equityholders Agreement of Brownstein Hyatt Farber and Schreck, LLP, and BHFS-E PC, I will receive a pro rata partnership distribution based on the Value of my partnership mterests for services performed 2017 throughthe date of my withdrawal. This payment will be based solely on the ?rm? 5 earnings through the date of my withdrawal from the partnership. I currently have a capital account with the ?rm. Ifthe ?rm will not re?md the account before I enter into Federal service, I will forfeit the account. Fora period of one year a?er my withdrawal, I also will not participate personally-and. substantially in any particular matter involvingspeci?c parties in which I know- the ?rm in party or?repr'es?ent's a party, unless I am ?rst authorized to participate, pursuant to 5 C.F.R 263 In addition, Iwill notparticipate personally and substantially in any particular matter involving speci?c parties in which I know a former client of mine is a party or represents a party for a period of one year afterI last provided service to that client, unless I am ?rst authorized to participate, pursuant to 5 C.F.R. My term with the Virginia Board of Game and Inland Fisheries has expired and I have resigned from my position with the Center for Environmean Science Accuracy and Reliability. For a period of one year after termination of my position with each of these entities, I will not participate personally and substantially in any particular matter involving speci?c parties in which I know that entity is a party or represents a party, unless I am ?rst authorized to participate, pursuant to 5 C. FR. ?2635. 502(d). I will divest my interest in the T. Rowe Price Virginia Tax-Free. Bond Fund, within 90 days of my con?rmation Until I have completed this divestiture, I will not participate personally and substantially' 1n any particular matter that to my knowledge has a direct and predictable e??ect on the ?nancial interests of any holding of the T. RoWe Price Virginia Tax- Free Bond Fund that IS invested 1n the Virginia municipal bonds sector, unless I ?rst obtain a written waiver, pursuant to 18 U. S. C. 208(b)(l), or qualify for a regulatory exemption, pursuant to 18 U. S. C. 208(b)(2) If I have a managed account or otherwise use the services of an investment professional during my appointment, I will ensure that the account manager or inVestment professional obtains my prior approval on a case-by-case basis for the purchase of any assets other than cash, cash equivalents, investment funds that qualify for the exemption at 5 CF. 2640 .201(a), or obligations of the United States. I understand that I may be eligible to request a Certi?cate of Divestiture for qualifying assets and that a Certificate of Divestiture rs e??ective only if obtained prior to dives?timre. Regardless of Whether I receive a Certi?cate of Divestiture, I will ensure that all divestimres discussed in this agreement occur within the agreed upon timeframes and that all proceeds are invested in non-con?icting assets. If I am con?rmed as Deputy Secretary of the Department of- the Interior, I am aware that I am prohibited by 30 U. S. C. 1211(1) from holding a ?nancial interest in any surface or underground coal mining operation. Additionally, I am aware that my position is subject to the prohibitions against holding any ?nancial interest in federal lands or resources administered or controlled by the Department of the Interior extended to me by supplemental regulation 5 CHFR 3501.103 I understand that as an appointee I will be required to sign the Ethics Pledge (Exec. Order no. 13770) and that I will be bound by the requirements and restrictions therein 1n addition to the commitments I have made 1n this ethics agreement. I will meet in person with you during the ?rst week of my service in the position of Deputy Secretary in order to complete the initial ethics brie?ng required under 5 C.F.R. 2638.305. Within 90 days of my con?rmation, I will document my compliance with this ethics agreement by notifying you in writing when I have. completed the steps deScribed in this ethics agreement. I have been advised that'this ethics aggeementwill be. posted publicly, consistent with 5 U.S.C. 552, on the website of the US. Of?ce of Govemment Ethics with ethics agreements 'of Other Presidential'nominees who ?le public ?h?ancial disClOs'ure reports. David Bernhardt List of Recusals1 1. Ethics Pledge Recusals Until August 3, 2019, absent a waiver under Section 3 of Executive Order No. 13770, I am recused from particular matters involving specific parties in which any of the following entities either is a party or represents a party to the matter. Such matters include, but are not limited to, litigation, permits, grants, licenses, applications, and agreements. For the purposes of the Ethics Pledge, this also prohibits my participation in any meeting or other communication with these entities unless (1) there are five or more different stakeholders present and (2) no particular matters involving specific parties are discussed. Active Network LLC BHFS-E PC Brownstein Hyatt Farber and Schreck, LLP Cadiz, Inc. Center for Environmental Science Accuracy and Reliability (CESAR) Cobalt International Energy Eni Petroleum, North America Halliburton Energy Services, LLC Hudbay Independent Petroleum Association of America (IPAA) Klees, Don (individual) National Ocean Industry Association (NOIA) Noble Energy Company LLC NRG Energy Inc. Rosemont Copper Company 1 Note that the scopes of the recusal requirements for the Ethics Pledge and 5 C.F.R. 2635.502 are not the same. Accordingly, the lists of recusals for the Ethics Pledge and 5 C.F.R. 2635.502 are not identical. August 15, 2017 Sempra Energy Statoil Gulf Services LLC Statoil Wind LLC Targa Resources Company LLC Taylor Energy Company LLC UBE PC US Oil and Gas Association 2. 5 C.F.R. 2635.502 Recusals Until the date indicated for the specific entity, unless first authorized to participate by the DAEO under 5 C.F.R. I am recused from particular matters involving specific parties in which any of the following entities either is a party or represents a party to the matter. For the purposes of 5 C.F.R. 2635.502, such matters include, but are not limited to, litigation, permits, grants, licenses, applications, and agreements. Active Network LLC PC Brownstein Hyatt Farber and Schreck, LLP Cadiz, Inc. Center for Environmental Science Accuracy and Reliability (CESAR) Cobalt International Energy Eni Petroleum, North America Forest County Potawatomi Community Garrison Diversion Irrigation District Halliburton Energy Services, LLC Hudbay 8-1-18 8-1-18 8-1-18 5-1-18 3-24-18 8-1-18 8-1-18 3-1-18 8-1?18 7-29-18 8-1-18 August 15, 2017 Klees, Don (individual) National Ocean Industry Association (NOIA) Noble Energy Company LLC NRG Energy Inc. Rosemont Copper Company Santa Ynez River Water Conservation District, Improvement District No. 1 Sempra Energy Statoil Gulf Services LLC Statoil Wind LLC 'I"arga Resources Company LLC Taylor Energy Company LLC UBE PC U.S. Oil and Gas Association Westlands Water District 8-1-18 7-29-18 12-1-17 8-1-18 8-1-18 11?1-17 4-1-18 8-1-18 8?1-18 8-1-18 7-29-18 87-1-18 7-29-18 8-1-18 August 15, 2017 Guidance for Recusal Analysis In his ethics agreement, the Deputy Secretary agreed that, for one year after his withdrawal from his ?rm, he would not participate personally and substantially in any particular matter involving speci?c parties in which he knows his former ?rm is or represents a party, unless authorized to participate, pursuant to 5 C.F.R. He also agreed not to participate personally and substantially in any particular matter involving speci?c parties in which he knows a former client of his is or represents a party for a period of one year after he last provided service to that client, unless he is ?rst authorized to participate, pursuant to 5 C.F.R. 2635 In addition, per the Ethics Pledge, the Deputy Secretary agreed that he will not for a period of two years from the date of his appointment participate in any particular matter involving speci?c parties in which a former employer or client of his is or represents a party, if he served that former employer or client during the two years prior to his appointment, absent a waiver under Section 3 of Executive Order No. 13770. This includes recusal from any meeting or other communication with such a former employer or client unless (I) there are ?ve or more different stakeholders present and (2) no particular matters involving speci?c parties are discussed To assist the Deputy Secretary in complying with his ethics agreement and the Ethics Pledge, suf?cient information needs to be secured before the Deputy Secretary participates in a matter to determine whether the matter meets the criteria described above. To determine whether the Deputy Secretary may participate in a given matter, we must ?rst determine whether that ?matter? is a broad policy directed to the interests of a large and diverse group of persons or one of the two types of ?particular matters? -- a ?particular matter of general applicability? or a ?particular matter involving speci?c parties.? In the context of the ethics rules, the unmodi?ed term ?matter? refers to virtually all Government work. It includes the consideration of broad policy options that are directed to the interests of a large and diverse group of persons. For instance, health and safety regulations applicable to all employers or a legislative proposal for tax reform. It also includes more narrowly de?ned ?particular matters.? The term ?particular matter? means any matter that involves deliberation, decision, or action that is focused on the interests of (1) speci?c persons o_r (2) a discrete and identi?able class of persons. These two types of particular matters are de?ned separately as ?particular matters involving speci?c parties? and ?particular matters of general applicability.? (See attached diagram.) A ?particular matter involving speci?c parties? typically involves a speci?c proceeding affecting the legal rights of the parties, or an isolatable transaction or related set of transactions between identi?ed parties.? Examples include contracts, grants, licenses, investigations, litigation, and partnership agreements. This is the narrowest type of matter. A ?particular matter of general applicability? does not involve speci?c parties but at least focuses on the interests of a discrete and identi?able class, such as a particular industry or profession. Examples include rulemaking, legislation, or policy-making of general applicability that affect a particular industry or profession. For instance, a regulation prescribing safety standards for operators of oil rigs in the Gulf of Mexico or a regulation applicable to all those who have grazing permits on DOI public lands. On the other hand, a land use plan covering a large geographic area and affecting a number of industries agriculture; grazing; mining; timber; recreation; wind, solar, and/or geothermal power generation; etc.) would not constitute a ?particular matter of general applicability? but, rather, would still fall within the broader de?nition of ?matter,? as it constitutes a broad policy directed to the interests of a large and diverse group of persons. To assist the Deputy Secretary in complying with his ethics recusal requirements, one must gather suf?cient information regarding a matter before the Department to determine whether the matter constitutes a particular matter involving speci?c parties, a particular matter of general applicability, or falls into the category of broad policy options that are directed to the interests of a large and diverse group of persons. In the event that a determination is made that the matter before the Department constitutes the narrowest type of matter, a particular matter involving speci?c parties, one must then reference the Deputy Secretary?s List of Recusals to determine whether he is recused from participating in that matter. Attachment Matter-s :ijnulesr 1-3153. i7." Particular Matters 1,le 5 SpBCi?c lfj'gl hi I I ?if Parties Matters – Three Types Particular Matters Broad Policy Options Directed to the Interests of a Large and Diverse Group Particular Matters of General Applicability -Focused on a Discrete and Identifiable Class of Persons Particular Matters Involving Specific Parties Examples of th~ Three Types of Matters Broad: Policy Options Directed to the Interests of a Large and Diverse ~roup_: · Changes to health a11d safety regulation foraH_~efoy_~rs in t~e o:s. (2640.103{a)(i) Ex. 4) .. '. Decision to allocate additional resources to-the investigation or prosecution of white collar crime (264.0.i03(a)(l) Ex. 5); · general policy discuss.ions on an issue such as ihe_Crime Bill (18 0.P. OLC 212) . Deliberation on. the gene~J merits of an omnibus bill such as the Tax Reform Act of 1986 ·(2640;103(a)(l) Ex. 5); calcufating . deliberations of aclvis~·ry panel- on federal tax _reform (OGE 05x01); regulations changing -thEf method i depreciation (2635.4P2(b){3} Ex; .i} .. R~commehdatio~s ofthe CounciJ'of Economic Advisors-to the President about appropriate policie~.to maintain econqmic . .' growth and.- ~tabi:Jity_ (2640~103(a}(l) Ex; ·6}. :,Formulation and·implementation ofa respons~ of the U5. to a rpilitaryjnvasiori of U.S. ally (2640;i03(a)(l) Ex. 7);;. · deliberation~ regarding-a response to lraq's "invasion ofKuwait {OLC Unpubl. Op. Aug. 8, 1990l · · legislative·proposai f~r. broad h~alth sare.reform (2640.103(a)(l) Ex. 8) of Particular Matters_ Involving Specific;P~rties (IIParty Matters"}:· .. Lawsuits, legal actions; etc. - e.g., fraud prosecution of failed savings and loan institution (2635.807 Ex. 9); Department of · . Justice civil complaint:fiied i.n fede~al court alleging violations of c;ertain environmental laws by a company {2641_.201(h)(1} : : Ex. 2); lawsuit again~t Mine Safety.and l:lealth-Administration brought bytrade association challenging regu!ation for mine wor.kers (2641:201(h)(2) Ex. 2) · · · .. · · · ·· . .. . Applicati<>~S Sl,1bniit_ted to. federal agency:- e.g;~ license application to agency (2641.201(e)(2) Ex, 1); application for Food and Drug Aciininisti:ation drug a·pproval 12641:201(e)(2) Ex. 4); state's application for additional funding for ·administrative (2.640~201(c)(2}'Ex. 2);-city's application to• Housing and Urban Developme~t for fed~r~I ~ssistahce:for a. • : •:support services • • • • • • . • J • • . • •• .· renewal project (2641.201(h)(l)Ex. 1}; grant application to the Administration on Children and Fam_ilies (2641.201(e)(l): :tx. l); advisory committee evaluation of a .un_i~ersity's pelformance ofa ~rarit t<;> stu~y the ·eff,icacy of newly elev.eloped. ·.· breast cancer drug (2640.203(g) l;x. 2); Yucca mountain license application and formal Nuclear Regulatory Commission . . Government contracts:- e.g.; Department of Defonse contract to produce an operator'$ manual for: a radar device (iQ41.201(e)(2) Ex.-3); audit t>fgovernment contractor (2641.i.Ol(e)(i) Ex. 2); government contraq to prodtice a study .. on the efficacy of certain agency operations (2641.201(e)(2) Ex. 5); contract negotiationswith consulting fi~ni to · · · · ·. perform geological research (2 O~P. OLC ~H (.197~)) · · · · · ·' · · ·· · · . .Investigations:, enforcement actions or related actions- e.g., OSHA investigation of a company (2641.201(e)(4) °E'.:x. 1); · ·. internal delib_erations ¢oncernirig the merits of t~king enforcement action ·agairist a compa~y for certain trade practices· .. · · . (2641.20i(h)(4) Ex. 1); development ofinitial set of criteria pursuant to which six states were to develop plans to . desegregate their higher.education systems (OGE 80x10); presen.tation of investigative findings about alleged criminal .. violation perpetrated in a particular state (3 O.P. OLC 426 (1979)) . . . ·issuance of approval or grant of rights - e.g., Bureau of Land Management decision to grant a private company the . right to explore for minerals on certain federal lands (2641.201(g) Ex.1);· Fe_deral Trade Commission's review_ of · proposed merger between two cornpanies (264L201(f) Ex. 1); initial review of proposed merger that has been . . announced in the media (even before a merger application was formally pending) (OGE 99x23) Targeted legislation - e.g., private relief legislation granting citizenship to a specific individual (2641.201(h)(2) Ex. 4); bill establishing a grant program for which only one known organization is eligible (OGE 87x3) Certain trade and treaty matters - e.g., bilateral treaty regarding transfer of ownership with respect to a parcel of real property _and certain operations (2641.201(h)(2) Ex. 7) Certain preliminary matters relating to government procurements - e.g., procurement where a number of steps towards the procurement have been taken and parties had affirmatively expressed interest (OGE 90x12); draft RFP, once potential contractors are identified to the project (OGE 84x15) a -1- Particular Matters of General Applicability- Focused on a Discrete and Identifiable Class of Persons Regulations/Rulemakings Examples Regulations es!c1_1ll~shing safety standards for trucks on interstat~ high'-"'_a_ys (2635:402(l>)(3} E:>c. 2) Regulation applicable only to the meat packing_industry (2640.103(a)(l) Ex.3) • ,· Consideration and implementation through regulation of sections of healthcare bill limiting the amount charged for prescription drugs (2640.103(a)(1) Ex. 8) Regulation <;oncerning the exportation of portable corn'j:mters {2640.202(cl Ex. i) . Regulation that contains new standards forthe oversight of age_!!cy grants (2640~203(b) Ex. 1) · Department of Veterans Affairs regulation that will provide for expanded hospital health benefits for veterans {2640.203(dJ Ex; 5). . . . . Matters of ge·neral applicability affecting all states, such as the drafting and prorhulg~tion of a rule requiring states to · ex"pend additional res·ources implel'Tlenting foo~ starri_p progr~~j2640.?0lfc)(2f Ex. 2) ·• · Mine Safety and Health Administration regulation e$tabHShing ne~ occupatio_naJ health and safety standard_s for.mine · workers (2641.201(h)(2) Ex.1). · ' · · · · · ·· of Proposed Fo.od and Drug Administration rule requiring alh:nanufacturers a partii:ul_ar iype of medical device-to . obtain pre- market approval for products (even if only 3-4·mariufacturers are presently making the device, when there 1 ·is nothing to preclude others from entering the market in the fut1,Jre} (2641.201(h)(2} Ex.·5}; Food and Drug ·· Administration's recommendation regarding the regulation-ofthe ingredients cif aspiri_!I_ (2 OP OLC i~1,-is2 (1~78)); Other &/es Matter affecting employees who are invested in the Thrift Savings Pla·n (61 FR 66834};'bill to rals·e the pay level of all federal employees paid under the General Schedule (2640.203(d} Ex. 4}; determinations or legislation focused on the compensation ancl work canditions of the class of Assistant United States Attorneys (18 OP OLC 212) Recommended chang~s to how 1\/ledicare reimbursements will be made to health. care pro'1i~ers_J2640.~0l(l>LEx; 2)_ ·Advisory committee tasked with developing ·recommendations for.new standards for AIDS vaccine trials involving human subjects (2640;293(g} Ex. 1) · '· · · · National Science Foundation employee's formulation·of policies fora:grant program for organizations to produc:e' . ·science education programs targeting elementary· school.age c:hildreil {2641.201(h){2} Ex. 3} Attorney project drafting a standard form contract and. certain standard terms arid dauses for use in all future agency contracts (i641.201(h}{2) Ex. 6) ·· ·· ·· ' · · Fea~ibility studies of Oepartment of Defense and otherbasic conceptual work for-a possible innovation to a missile S'(Stem (i641.201(h}(3} Ex. l) · · · · Agency oversight group making recommendations on specific ways oftiriiitirig commercial. use of a particular. facility; co~sideration of whether new rules are needed for._specific commercial users of fac!lity jQGs 00x4) - Informal, preliminary discussions with industry representatives about sp~dfic.changes to agency standards governing.a particular industry (OGE 06x8) · · · ·· · · a Drafting oftechnical n1anu·a1 for use by facilities operated by government agency (OGE 81x29) Development of a set of criteria for use as investigatory guidelin~sfor investigations _iri states with segregated higher edu_cation systems (OGE 80x10) lmple_menting legislation foragencyprograms (OGE 81xl) National Advisory Food and Drug Committee deliberations concerning use of low levels of antibiotics in animal feeds (2 OP OLC151, 152 (1978)) The activities ofthe Federal Open Market Committee regulating interest rate-sensitive securities by determining the amoµnt and cost of reserves available to banks and thrifts are particular matters of general applkability because they · focus on a discrete and identifiable class of banks and thrifts, (Unpubl. OP OLC (June 30, 1993)) -2- ETHICS PLEDGE As a condition, and in consideration, of my employment in the United States Government in an appointee position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law; I. I will not, within 5 years after the termination of my employment as an appointee in any executive agency in which I am appointed to serve, engage in lobbying activities with respect to that agency. 2. If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions. 3. In addition to abiding by the limitations of paragraphs I and 2, I also agree, upon leaving Government service, not to engage in lobbying activities with respect to any covered executive branch official or non-career Senior Executive Service appointee for the remainder of the Administration. 4. I will not, at any time after the termination of my employment in the United States Government, engage in any activity on behalf of any foreign government or foreign political party which, were it undertaken on January 20, 2017, would require me to register under the Foreign Agents Registration Act of 1938, as amended. 5. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee. 6. I will not for a period of2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts. 0 7. If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 6, I will not for a period of2 years after the date of my appointment participate in any particular matter on which I lobbied within the 2 years before the date of my appointment or participate in the specific issue area in which that particular matter falls. 8. I agree that any hiring or other employment decisions I make will be based on the candidate's qualifications, competence, and experience. 9. I acknowledge that the Executive Order entitled "Ethics Commitments by Executive Branch Appointees," issued by the President on January 28,2017, which I have read before signing this document, defines certain terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that Executive Order as a part of this agreement and as binding on me. I understand that the obligations of this pledge are in addition to any statutory or other gal restrictions applicable to me by virtue of Government service. Signature ___ Date :,20Ll-