Sec. 1013. Waiver
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/bill/117/hr/5314/rds/section-1013·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Director of the Office of Management and Budget (OMB), in consultation with the Counsel to the President, may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the Director of OMB certifies in writing— that the literal application of the restriction is inconsistent with the purposes of the restriction; or that it is in the public interest to grant the waiver. Any such written waiver should reflect the basis for the waiver and, in the case of a waiver of the restrictions set forth in paragraphs (3)(B) and
(C)of the pledge, a discussion of the findings with respect to the factors set forth in subsection
(b)of this section. A waiver shall take effect when the certification is signed by the Director of OMB and shall be made public within 10 days thereafter. The public interest shall include, but not be limited to, exigent circumstances relating to national security, the economy, public health, or the environment. In determining whether it is in the public interest to grant a waiver of the restrictions contained in paragraphs (3)(B) and
(C)of the pledge, the responsible official may consider the following factors— the government’s need for the individual’s services, including the existence of special circumstances related to national security, the economy, public health, or the environment; the uniqueness of the individual’s qualifications to meet the government’s needs; the scope and nature of the individual’s prior lobbying activities, including whether such activities were de minimis or rendered on behalf of a nonprofit organization; and the extent to which the purposes of the restriction may be satisfied through other limitations on the individual’s services, such as those required by paragraph (3)(A) of the pledge.