The top lawyer at the Department of Health and Human Services (HHS) has said in a new legal advisory that officials who solicit assistance from people who receive money from the government, like Dr. Anthony Fauci did, should be investigated for ethics violations.
“In sum, it is the view of the Office of the General Counsel that solicitation by an HHS employee who is an intended award recipient of support or nomination for awards, prizes and other honors recognizing meritorious public service or achievement from non-federal entities funded, regulated, contracted and otherwise engaged by HHS programs and operations over which the intended recipient has authority warrants investigation under the Standards of Ethical Conduct,” Robert Fox Foster, the HHS acting general counsel, said in the three-page advisory.
Foster also warned that when non-federal entities connected to the government become involved with nominating HHS officials for honors such as awards, this “is not to be viewed as a means to curry favor with an official who has authority over government matters involving or of interest to the solicited entity.”
Government rules generally bar employees of the executive branch from asking for or accepting gifts, and federal law states that the personnel “may not use or permit the use of their Government position or title, or any authority associated with their public office, in a manner that is intended to coerce or induce another person, including a subordinate, to provide any benefit, financial or otherwise, to the employee.”
Fauci, while the head of the National Institutes of Health’s National Institute of Allergy and Infectious Diseases, asked scientists his agency funded to nominate him for multiple awards, according to emails obtained and made public by Sen. Rand Paul (R-Ky.) in July.
Charles Dinarello, who received more than $1 million from the institute during Fauci’s tenure, nominated Fauci for a Dan David Prize in 2020. Fauci won the award and was able to collect $900,000 in winnings, according to the emails.
Dinarello and Fauci did not respond to requests for comment.
Foster noted the emails in his new advisory and said that if the facts of the nomination for the Dan David Prize were known, HHS lawyers would have advised National Institutes of Health leadership to consider reviewing whether Fauci’s actions were appropriate. Foster said that his office has no authority to rescind the award or require Fauci, who has since retired, to return the value of the award.
Paul said on X that he was pleased that HHS issued the new advisory, but said that whether actions are violative should not rest on the interpretation of any administration or agency.
“We need to codify strong protections into law. Federal employees should not be able to turn taxpayer-funded positions into opportunities for massive personal cash prizes,” Paul said. “That is why I am introducing legislation to ensure federal employees cannot personally accept financial awards while serving in government. Federal employees are supposed to serve the American people; not cash in for personal gain.”