THE WHITE HOUSE
WASHINGTON

April 6, 2017

MEMORANDUM FOR DONALD F. MCGAHN II, COUNSEL TO THE PRESIDENT
FROM: James Schultz, Senior Associate Counsel to the President

SUBJECT: EO 13770 Waiver

Purpose

To recommend the issuance of a waiver of Executive Order 13770 to Marcus Peacock,
Regulatory Affairs, Of?ce of Management and Budget.

Background and Discussion

Mr. Peacock is a short-term political appointee who served on the Presidential Transition Team
and the OMB Beachhead Team. He served as a liaison for the OMB Director through the
nomination period and has not focused on speci?c regulations or policies. Furthermore, he is not
considered a ?senior employee? for purposes of post-government employment restrictions under
18 U.S.C. 207(c).

Recommendation

I recommend the issuance of a waiver to this employee a request from the employee is
attached.

EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, Inc. 20503

 

ACTION MEMO
March 8, 2017
FOR: DONALD MCGAHN, COUNSEL TO THE PRESIDENT
THROUGH: STEFAN PASSANTINO, DEPUTY COUNSEL TO THE PRESIDENT

FROM: CUS PEACOCK, SENIOR ADVISOR, OFFICE OF INFORMATION AND
REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET

SUBJECT: Request for Waiver from President Trump?s Executive Ethics Pledge Paragraphs 1
and 3

I am requesting a waiver from paragraphs 1 and 3 of President Trump?s Executive Ethics Pledge
contained in Executive Order 13770, ?Ethics Commitments by Executive Branch Appointees?
(January 30, 2017).

Paragraph 1 places a ?ve-year ban on lobbying the former appointee?s agency, and paragraph 3
places a ban on lobbying political appointees for the remainder of the Administration. The
President or his designee, pursuant to Section 3 of the Executive Order, may grant a waiver of
these Pledge restrictions.

The basis for this waiver request is as follows.

0 As a short-term political appointee who served during the post-election transition period and
into the ?rst few months of the Administration, I have had limited participation or in?uence
on policies and decisions that would raise the types of concems the President?s Executive
Order and Ethics Pledge seek to avoid.

a On the Presidential Transition Team, I served as a liaison and provided administrative
support for the OMB Director through the nomination that entailed no involvement in policy
or regulation.

0 On the OMB Beachhead Team, I have focused on process and not on speci?c regulations that
would affect industries or speci?c parties. Speci?cally, I have worked on implementation of
the President?s regulatory freeze, and drafting and implementing Executive Orders 13771 and
13777 regarding regulatory reform. While these processes have affected many regulations in

a broad sense, other beachhead members have taken the lead on making speci?c decisions
regarding speci?c regulations.

a I am not subject to the posthovemment employment restrictions of 18 U.S.C. 207(c), as my
base pay is below the statutory threshold, and am not considered a ?senior employee? for this
purpose.

I therefore request that you approve my request for a waiver from Pledge paragraphs 1 and 3.

.
Approve Dlsapprove Other

Date ?i?f/7r/l

CC: Director John Michael Mulvaney, OMB
Acting General Counsel Heather Walsh, OMB

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