Fauci Awards Package (Redacted) — page 35

Cc: Jaffe, Holli Beckerman (NIH/OD) [E] < @OD.NIH.GOV>; Hall, Randall (HHS/OGC) ( @hhs.gov) < @hhs.gov> Subject: RE: Request for concurrence -Gustav O. Lienhard Award -A. Fauci Dr. Tabak: Good morning. As a quick update on the status of this item, Randy and I talked and we have forwarded your note to OGE with a request that they consider the questions presented. We will keep you apprised of what we hear. That said, we have no idea when to expect a response given that OGE is heavily involved in working to bring the Biden team members on board across the entire Executive Branch. We will, however, be checking in. I am not turning to focus on the Dan David Prize. Best, Gretchen 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: Tabak, Lawrence (NIH/OD) [E] < @nih.gov> Sent: Friday, February 5, 2021 5:51 AM To: Hall, Randall (HHS/OGC) < @HHS.GOV> Cc: Weaver, Gretchen (NIH/OD) [E] < @od.nih.gov>; Jaffe, Holli Beckerman (NIH/OD) [E] < @od.nih.gov> Subject: Request for concurrence -Gustav O. Lienhard Award -A. Fauci Mr. Hall, I write to request your concurrence that the exception to the gift prohibition at section 2635.204(d) does not prohibit Dr. Anthony Fauci from accepting the cash prize associated with the National Academy of Medicine's (NAM) 2020 Gustav O. Lienhard Award. Specifically, I ask you to find that: 1) the National Academies of Sciences (NAS), the umbrella organization under which NAM was established, is not a "person" under the regulations, and similarly, neither is NAM; or 2) if NAS is a "person," NAM and NAS are different "persons" because of NAM's independence from NAS; and/or 3) NAS is not a "person who can be substantially affected by the performance or nonperformance of [Dr. Fauci's NIH] duties." If you do not concur, I ask that you forward this discussion to the Office of Government Ethics for their consideration and determination of the applicability of the gift rule to the NAM Lienhard Award. As you likely know, Dr. Fauci is the Director of the National Institute of Allergy and Infectious Diseases (NIAID). He was awarded the Lienhard award from NAM on October 19, 2020. The Lienhard award - a medal and $40,000 - recognizes individuals for outstanding achievement in improving health care services in the United States. NIAID currently funds two Congressionally-mandated studies as well as six other projects including an Action Collaborative, a Board, two Forums and a Roundtable. NIAID contributes to the latter projects typically as one of several NIH Institutes and Centers. It is our