Fauci Awards Package (Redacted) — page 43

From: "Jaffe, Holli Beckerman (NIH/OD) [E]" < @od.nih.gov> To: "Tabak, Lawrence (NIH/OD) [E]" < @nih.gov> Cc: "Schwetz, Tara (NIH/OD) [E]" < @nih.gov> Subject: FW: Request for concurrence -Gustav O. Lienhard Award -A. Fauci Date: Tue, 23 Feb 2021 10:43:34 -0500 Importance: Normal Had you sent Tony a copy of the request to OGE? If not, do you think it is worth sharing it with him now? While it wasn't successful, it was a big and difficult effort. Perhaps he'll appreciate it. I suggested language with and without forwarding your email to Randy. Tony, I write to inform you of the final decision regarding the cash prize associated with NAM's Lienhard Award. Unfortunately, we were not successful in our appeal. While you can accept the honor of being named the 2020 Lienhard awardee, you may not receive the cash. 1) For you information, below is the lengthy and detailed argument . . . or 2) We presented a lengthy and detailed argument first to HHS's Office of the General Counsel (OGC) and then to the independent US Office of Government Ethics (OGE) to persuade them that NAM's relationship with Government agencies is unique, and thus, an award from NAM should be viewed differently than one bestowed by other non-profit corporations. However, neither OGC nor OGE felt it was necessary to change their previous determination regarding NAM so that you would be permitted to accept the cash prize under the applicable regulations. I'm disappointed that we did not get a different decision. You are deserving of the additional recognition. LAT From: Hall, Randall (HHS/OGC) < @hhs.gov> Sent: Thursday, February 18, 2021 4:47 PM To: Tabak, Lawrence (NIH/OD) [E] < @nih.gov> Cc: Weaver, Gretchen (NIH/OD) [E] < @od.nih.gov> Subject: RE: Request for concurrence -Gustav O. Lienhard Award -A. Fauci Dr. Tabak: Good afternoon. This is to let you know that OGE has responded to our request to consider whether the gift rule exception for awards applies in the case of the Lienhard Award the NAM presented to Dr. Fauci. Unfortunately, OGE has concluded that the NASEM/NAM is/are a "person" under the government-wide rules restricting gifts from outside sources and that they are a person that can be "substantially affected by the performance or non-performance" of Dr. Fauci's duties. As a result, we are unable to change our prior determination that he cannot accept the $40,000 cash gift associated with the Lienhard Award. Please let us know if you have any questions. Randy Randall J. Hall Acting Associate General Counsel for Ethics Alternate Designated Agency Ethics Official Ethics Division Department of Health and Human Services