EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
February 26, 2021
MEMORANDUM FOR AVIVA ARON-DINE
FROM: SAMUEL R. BAGENSTOS
GENERAL COUNSEL
SUBJECT: LIMITED PUBLIC INTEREST WAVIER PURSUANT TO SECTION 2, EXECUTIVE ORDER 13989
Pursuant to Section 3 of Executive Order 13989 (January 20, 2021) (EO 13989), and for the reasons stated below, I hereby grant a limited waiver of the requirements of Section 1, Paragraph 2 of EO 13989 for Aviva Aron-Dine solely with respect to the Center on Budget and Policy Priorities (CBPP). I have determined that this waiver is necessary and it is in the public interests to permit Ms. Aron-Dine, when representing the interests of the President and the United States as the Executive Associate Director (EAD) for the Office of Management and Budget (OMB), to communicate directly with CBPP.
Background
Section 1 of EO 13989, “Ethics Commitments by Executive Branch Personnel” (the Ethics Pledge), requires all covered political appointees to abide by certain commitments. Paragraph two of EO 13989 provides that a covered appointee may not, for a period of two years from the date of appointment, participate in any particular matter involving specific parties that is directly and substantially related to a former employer or former client. In addition to communication with former employers and clients with respect to specific party matters, the definition of that term also includes “meetings or other communications relating to the performance of one’s official duties with a former employer or client.” This restriction would prevent Ms. Aron-Dine from discussions with CBPP on both matters specifically involving CBPP, but also discussions on broad policy issues, such as overall funding levels in the budget or the adequacy of funding for particular federal programs.
A waiver of the restrictions contained in Section 1, Paragraph 2 of EO 13989 may be granted upon a certification either that the literal application of the restriction is inconsistent with the purpose of the restriction, or that it is in the public interest to grant the waiver. EO 13989, Section 3.
