Fauci Awards Package (Redacted) — page 49

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 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: Weaver, Gretchen (NIH/OD) [E] Sent: Tuesday, February 16, 2021 10:46 AM To: Tabak, Lawrence (NIH/OD) [E] < @nih.gov> 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.