MEMORANDUM.

ro:
FROIYI:

.D onaldF. McGahn II
Counsel to the President

Elizabeth Fischmaµn
Designated Agency Ethics Official
Associate Gen~ral ·Counsel

DATE:

Aprif24, 201T

SUBJECT:

Request for limited waiver of Executive Order 13770

Pursuant to.Executive Order 13.770, St:ction 3, (January.28, 2017) .(the Executive Order) y():u
have been delegated auth-Ority by the President to ,grant a waiver; Mr; Lance.Leggitt;_Chief of
-Staff, United·States .Dep;.trtment ofHealth and Human Services (HHS),.requires limited waiyer
of Section 1, pa~agt?ph 7.of the Ex~cutive Order t0 enable him to effectively cany out the-full
·range of duties .of his 'HHS.position. On behalf of .M,r,, Leggitt,.I request your.considenJ,tj.On·of

a

this limited waiyer.
Prior to .his.service at HHS, Mr. Leggitt worked ai the.-.law finn of.Baker Donelson·as.anatto:rney
in the firrn' s :health law .practice group. where.he !)erved as the Ch.air ofFederal Health Policy:
During the course of his.practice. and within.the two years before.the date ofl:}is HHS.
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appointrnent, .he.advise.d clients on matters that required him to register µnder the Lobbying
Disclosure.Act. Absent this limited waiver, by the 'terms·of the Executive .Order,.Mr. Leggitt
would be ·restri~te<;l .for two yean~. after his·appointment date, from partic;:ipating ii:t any pal:ticular
matters ,ort which helobbied within the two yea:rs before the date of his appointment~ moreover,
he would be·r~stric~ed froip pari:i¥ipatiilg in the specific iss:ue-.areas in whieh tho$e particular
matters fail.
The infomiatiori provided to me indicates· tbat Mr; L~ggitt briilgs a unique blend·tJ!" substantive
health care expertise to HHS. Prior to betng appointed at HB.S, he h'1,d exte1)~ive health care
experience workii1g for bot.h State and tedetal government entities. He worked as the Senior
Health Policy Ad:tiisor in the White House·from 2005 to 2006 where he was a member of the
J.ln;sidenfsDomestic Policy Counsel~ responsible for acivising 'j:he.P&si.dent on polic)' issues
related to HHS, the·:nepartment of Veterans Affairs;· DepartmentofLabor; and Department of
l)ef~nse, From.2001 :to 2005' h~ W{)r~ed as a Coun8eJ9r to the Deputy Seciet.ary at HHS. 1-Jis
state government experience includes serving as a Special CoWlselor to the Governor of Virginia.
a.nd as an Assistant Attorney General i.n the Virginia Attorney General's Office,
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 Donald F. Mc.Gahn II - Page 2

The ChiefofStaffisat the centetofHHS's public health-and safety related missions. The
successful accomplishment of these· HHS missipns relie.s on e7{tensive, ~pen~ and collal;>orative
communications.\~ithiil fll-IS.and with external stakeholders and ·other governmentofficials. The
Chief of Staff is:needed to facilitate these colla;borative communications, to oversee.mariagement
issues· within HliS; to coordinate p·olicy across· HHS; and.to facilitate any Department. . wide
response to a public health .emergency, among many other duties. Granting.this limited waiver
W.ill alfciw Mi: Leggitt to freely carry out the full" responsibilities of his office-rather than
requiring.him to continue·to .recuse from particular matters on which.he.lobbied ~nd, the .specific
issue areas in which tb,ose par~icular matters fall.
As you consider the merits of granting this·limite!l waiver; it ·is. important to· note that Mr. Leggitt

has no personal financi~l interest in lliS: fonner 'empldyer, fonnet 'Clients, ·or in the .particular
matters on which he lobbied or the specific issue areas in. which those particular matters fall. He
will continue to recµse pursuant fo 5, C.F .R...§ 50~ and Seqtio11 J, par1;1graph 6, of tb.fi;' Executive
Order; for the time frames dictated by those restrietions, from participation in an:y particular
matters involving. specificparties where his former employer er former clients are pa,.rties or
party r~presentatives.
Moreoyer; in o.r.der 10 avoid, pote11tiai confiic:is ofiifrerest duiirig_his appointment a:S Chief of
S~- he has ~gx:eed ·that neither he, his spouse; ·11or any mi.nor children ofllis will acquire any.
dir.ect financial.interest in en~iHes involved, directly 0,1:· through su'bsidiarjes, in the following

industries; (1) research, d~velop.tn:ent, manufacture, distribution, or.sale of.pharmaceutical,
biotechnology, or medical devices,. equipment, preparations,. treatment, .or pro.ducts; (2)
veterinary products; (3) .healthcare management or-d~1iveiy; (4) health;. · disa:.bility~ or workers
compensation insurance-or related services; (SJ food and/or beverage production; processinKor
distribution; .(6) communications media;.(7) computer }iardware, computer softw.are, and ~elated
internet technologi~s; (8) wirele.ss:commurt~ieations; (9) social sciences and econorrifo research
orgahizatfons;. (i O) energy or utilities; 0 i) :commerciai aidines, railroaQ.s, ~hiplines-, am;i.cargo
ca.triers; or (12) $~cfor mufoa,l funds that concentrate their portfolios· Qn orte ~ countcy other than
the United States. In addition, he will not.acquire.arty·interests in secto:i;- mutu~l funds that
concentrate·in any ofthe.se sectors.
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LIMITATIO NS

This Iiinhed waiver will not a,ffect the application of any other provision oflaw, inclu<;ling -any
f.)therprovisicin of the Ethics Pledge; th~ Standards of Ethical Co1iduct for .Executive Branch
Employees (5 G.F..R... part 2635); or the criminal bribery;· graft ~d conflict of intei'e$t statutes (18.
U.S.C. 20J-209). In particular, ~s noted above 1 ,Mr. Leggitt will remain restricted by tlie
Executive Order,. Section 1, paragraph 6, from partidpating in any particular. matter involvfog·
sp~9ific · partfos that ~s. directly-and substantfrdly .rel.ated ~o his.former employer or former clients.
Accordingly, although :this limited waive:r:Permits him to participate in the specific issue areas in
wlu~h·particul~r matters on°which he lobbi~g ·fall, he is .!>till required to recuse froi)1. ~ny
particular matter iri.volvfog·~p¥cific parties that is directly and·substantially.related to.his former
employ~r or former clients.
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Donald f. MeO~hn II - J?age:3

LIMITED WAIYER ISSUANcE
Aft~r.:consid'eration of the info:r;rrl~tion proyified.abo.v~, plea$.e indicate YO.Jlr fin~ decisi9n
concerning a limited waiver for Mr. Lance Leggitt by signing below.

Please 99 nQt 4esitat~ to conta~t me·if yo.1.;1 have ~ny questions or ne:ed ft,ntber infortnation:

A limited waiver pursuant to Stlction 3 of Exeeu.ti:Ve 0fder 13 770. (Janu·ary 28; 20J7), as
descrl~d in ·detail above, ls granted to J...k Lanc.e Legg~tt.
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:z -c /4 r.r ;- I
Donald :F. McGahn lI
Counsel to the Pi:~ident

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Date

'3:o : 7

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