Sec. 5. Waiver
309 words·~1 min read·
/bill/118/s/4788/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to the limitations under subsection (b), the President may waive the conflict of interest restrictions under this Act, on a case-by-case basis, if— after consultation with the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, the President determines such waiver to be in the national security interests of the United States; and not later than 5 days before the effective period of such waiver, the head of the executive agency requesting such waiver submits a notification containing the information described in subsection (b)(3) to the congressional committees with jurisdiction over such executive agency.
Each waiver granted pursuant to subsection
(a)shall remain in effect for a period not to exceed 5 days. Not more than 1 waiver may be active at any given time. Each waiver granted pursuant to subsection (a)— shall only apply to a single event; and may not be applied to annually reoccurring events or events that do not happen on consecutive days. The notification required under subsection (a)(2) shall include information regarding the nature of the event requiring the waiver, including— the justification of the executive agency’s need for requesting the waiver; an assessment that weighs the benefits against the risks for the event; the projected and actual dollar value of hosting the event; what covered agency, organization, or entity is covering the cost of the event; the location of the event; the nature of and reason for the event; the date and duration of the event; the name and nationality of each foreign representative attending the event; any military or intelligence application risks that could be impacted as a result of the waiver; and an acceptable management oversight plan to ensure that the event with the covered foreign entity does not— compromise the safety of United States citizens; or harm the national security of the United States.