MEMORANDUM. TO: Donald F. McGahn II Counsel to the President FROM: Elizabeth Fischmann Designated Agency Ethics Of?cial Associate General Counsel DATE: April 24, 201.7 SUBJECT: Request for limited Waiver oi?Executive Order 1377.0 Pursuant to Executive Order 13-770 Section" (January 28, 2017) (the Executive Order) you have been delegated authtn 11}? by the President to grant a waiver Mr Lance Leggitt Chief of Staff United States Department of Health and Human Services (HHS), requires a limited waiver of Section 1' paragraph 7. of the Ere-outive Order to enable him to effectively carry out the full range of duties of his HHS position. On behalf of Mr. Leggitt,.I' request your consideration of this limited waiver. Prior to his service at HHS Mr. Leggitt worked ai the law ?rm of Baker Donelson as an attorney in the firm 5 health law practice group, Where he served as- the Chair of Federal Health PoliCy. During the. course of km practice and within the two years before. the. date at his HHS appointment, he advised clients on matters that required him to register under the Lobbying Disclosure Aet. Absent this limited waiver, by the terms of the Executive Order Mr. Leggitt :would be restricted for two years after his appointment date trom participating in any particular matters on which he. lobbied within the two years before the date of. his appoi;ntment moreover, he would be restricted from participating- in the: specific 1ssne areas in which those particular matters 1111 l. The information provided to 111;: indicates that Mr: Le'ggitt brings 3a unique blendiof santantive health care exlaertise to HHS. Prior to being appointed at HHS, he had extensive health care exponence Working for both state and federal government entities He: worked as the: Senior Health Polio}; Advisor 111' the White House from 2.005 to 2006 where he was a member of the President?s: Domestic Policy Counsel, responsible} for advising the. President on policy 1ssnes related to theiDep?artment of Veterans Affairs; Department of Defense From 2001 to 2005,11e worked as a Counselor to the Deputy Secretary at HHS. His .?State gOVemr'nent experience includes serving as a Special Counselor to the Governor of Virginia and as an Assistant Attorney General 1n the Virginia Attorney General 3; Of?ce Donald F. McGah'n II - Page 2 The Chief- of Staffis at the center of public health and safety related missions. The successful accomplishment of these HHS missions relies on extensive, open, and Collaborative communications Within HHS and with external stakeholders and other government of?cials. The Chief of Staff 15. needed. to facilitate these collaborative communications, to Oversee management issues within HHS, to coordinate policy across HHS and to facilitate any Departmentvwid'e' response to a public health emergency among many other duties Granting this limited waiver Will allow Mr. Leggitt to freely carry out the full responsibilities.- of his of?ce rather than requiring .him to continue to mouse from particular matters on which he lobbied and the speci?c issue areas in which thoseparticular matters fall. As you consider the merits of granting this limited waiver it is; important to note that Mr Leggitt has no personal ?nancial interest in his fenner employer fortner clients, or in the particular matters on Which he lobbied or the Specific issue areas in Which these particular- matters fall will continue to recuse. pursuant to 5 C. F. 5.02 and Section 1, paragraph 6, of the lSne?cutive-e Order, tor the time? frames dictated by these restrictions from participation in any particuiar. matings ehpcif'io Hart-.113: pol-Harp l-rio Farms-r farmer ?l?lPh?lQ are parties 91- ;;lHlpIpV AD wry ?11-1. Emu-avg ILUAV All.? LVAJSLV lit-f Ull- party representatives. Moreover, in order to avoid potentiai con?icts of "interest during? his appointmerlt as Chief of Staff, he has agreed that neither he, his spouse, nor any minor children of his will acquire any direct ?nancial. into-lest in entities involved, directly or through subsidiaries, in the following industries: research, deVeloprn'ent, manufacture?, distribution, or sale of pharmaceutical, biotechnology,- or medical devices, equipment, preparations, treatment, or products; (2) veterinary products; healthcare management 0r delivery; (49 health,-disability, or workers Compensation incuranc'e or related services; (5) feed and/or beverage production, processingor distribution; (6) communications media; (7) computer hardware, computer softWare, and related interact technologies; (8) Wireless communications; (9.) sbcial sciences and economic research Organizations, (-10) energy or utilities; commercial airlines, railroads, shiplines, and cargo camera; or (12) sector mutual funds that concentrate their portfolios on one country other than the United States. in addition, he will not acquire any interests in sector mutual funds that concentrate in any of these sectors. LIMITATIONS This limited waiver will. not affect the application of any other provision of 13W, including any. other provision of the Ethics Pledge, the Standards of Ethical Ceiiduct for Executive Branch Employees (5 .F. R. part 2635.); or the criminal bribery, graft. and con?ict of interest stamtes (18 U..S.C. 20,1- 209) In particular, as noted abette, Mr. Le'ggitt will remain restricted by the Executive Order, Section 1 ,paragraph 6, from participating in any particular matter involving Speci?c parties that _1_s directly and substantially related to his former employer or former clients Accordingly,__. although this limited waiver permits him to participate in the speci?c issue areas in Which particular matters on which he lobbied fall, he is still required to r'ecuse from? any particular matter involving- specific parties that 15 directly and substantially. related to his former employer or former clients Donald F. jMeGahn II - Page;?3 LIMITED WAIVER ISSUANCE A?epeonsideration of the information provided, above, please indicate your ?nal decision concerning a limited waiver for Mr. Lance Leggitt by signing below. Please do not- hesitate to contaot me- i'f'yon have any questions 01* need further A limited waiver pur's?antiio Section 3 of Exeontiire Order 13770 (January 285 2017), as described in detail abo?v?e?, is granted to Mr; Lance Leggitt. ?f?M .25 A {Jr} 29. 7 Donald F. McGahn 3H Date Counsel to the President