Fauci Awards Package (Redacted) — page 117

Based upon the available information, and in light of OLC's opinions (particularly the more recent award opinion covering the President's Nobel Prize), I do not think the Dan David Prize implicates the Emoluments Clause or the Foreign Gifts and Decorations Act. Although Tel Aviv University is an NIH grantee, I do not think the Dan David Prize implicates our Supplemental Standard because the Prize appears to be from the Dan David Foundation, a separate entity that does not appear to be a grantee or otherwise have any business dealings with the NIH. Moreover, although the recipient is expected to give a lecture (at a symposium, and in addition to acceptance remarks during the presentation ceremony), the Dan David Prize appears to be a bona fide award made as part of an established program of recognition that an NIH employee, including Dr. Collins, might be permitted to accept (assuming no change in the program or other individualized issue). Again , the award appears to be from the Dan David Foundation. I have found no record of any business interactions between NIH and the Dan David Foundation, so OGE's source limitation is not an issue. Although there is a symposium at which the recipients are expected to give a presentation, I have been told they give talks about their work over the course of their careers, rather than current science and theory, and $1 million is far outside of the range of typical honoraria paid for individual presentations. From videos available on the internet (at sites not presently blocked by NIH security measures), it appears that the Prize ceremony is quite elaborate, wellattended, and in keeping with what we expect such an event to "look like." Press reports that coincide with the announcement of each year's winners appear to reflect that this is a significant award/honor. Gretchen H. Weaver, J.D. Supervisory/Senior NIH Ethics Counsel DHHS/OGC/Ethics Division phone: fax: NOTICE: THIS E-MAIL MESSAGE FROM THE OFFICE OF THE GENERAL COUNSEL (OGC), ETHICS DIVISION IS INTENDED FOR THE EXCLUSIVE USE OF THE RECIPIENT(S) NAMES ABOVE AND MAY CONTAIN PROTECTED, PRIVILEGED, OR CONFIDENTIAL INFORMATION THAT SHOULD NOT BE TRANSMITTED TO UNAUTHORIZED ADDRESSEES. IF YOU ARE NOT THE INTENDED RECIPIENT, ANY DISSEMINATION, DISTRIBUTION, OR COPYING IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AT THE ABOVE ADDRESS. EMPLOYEE RECIPIENTS ARE COUNSELED THAT DISCIPLINARY ACTION FOR VIOLATING FEDERAL ETHICS REGULATIONS MAY NOT BE TAKEN AGAINST ANY EMPLOYEE WHO HAS ENGAGED IN CONDUCT IN GOOD FAITH RELIANCE UPON THE PRIOR ADVICE OF ANY AGENCY ETHICS OFFICIAL, PROVIDED THAT THE EMPLOYEE HAS MADE FULL DISCLOSURE OF ALL RELEVANT CIRCUMSTANCES. IF EMPLOYEE CONDUCT IS POTENTIALLY SUBJECT TO CRIMINAL SANCTIONS UNDER CONFLICT OF INTEREST AND RELATED STATUTES, RELIANCE OF THE ADVICE OF AN AGENCY ETHICS OFFICIAL IN INTERPRETING THE SCOPE OF SUCH STATUTES IS A FACTOR THAT MAY BE TAKEN INTO ACCOUNT BY THE DEPARTMENT OF JUSTICE IN EXERCISING PROSECUTORIAL DISCRETION. EMPLOYEES ARE CAUTIONED THAT DISCLOSURES TO AN OGC ATTORNEY ARE NOT PROTTECTED WITHIN THE DEPARTMENT BY ATTORNEY-CLIENT PRIVILEGE. ALL EMPLOYEES, INCLUDING AGENCY ATTORNEYS, ARE REQUIRED TO REPORT CRIMINAL VIOLATIONS TO THE OFFICE OF THE INSPECTOR GENERAL. From: Jaffe, Holli Beckerman (NIH/OD) [E] < @od.nih.gov> Sent: Friday, January 29, 2021 2:16 PM Lecture