Waivers

(a) In general (1) Requirements for waiver The Director of the Office of Management and Budget, 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 the Office of Management and Budget certifies in writing— (A) that the literal application of the restriction is inconsistent with the purposes of the restriction; or (B) that, subject to subsection (c), it is in the public interest to grant the waiver. (2) Contents Any waiver granted under paragraph (1) shall— (A) reflect the basis for the waiver; and (B) in the case of a waiver of the restrictions under subparagraph (B) or (C) of paragraph (3) of the pledge, include a discussion of the findings with respect to the considerations set forth in subsection (c)(2) of this section. (b) Effective date; publication (1) Effective date A waiver granted under subsection (a) shall take effect on the date on which the Director of the Office of Management and Budget signs the waiver. (2) Publication The Director of the Office of Management and Budget shall make any waiver granted under subsection (a) public not later than 10 days after the waiver is granted. (c) Public interest (1) In general With respect to consideration of the public interest under subsection (a)(2)(B), the public interest shall include exigent circumstances relating to national security, the economy, public health, or the environment. (2) Specific considerations In determining whether it is in the public interest to grant a waiver under subsection (a)(2)(B) of the restrictions under subparagraph (B) or (C) of paragraph (3) of the pledge, the responsible official may consider the following factors: (A) The need of the Government for the services of the individual, including the existence of special circumstances related to national security, the economy, public health, or the environment of the United States. (B) The uniqueness of the qualifications of the individual to meet the needs of the Government. (C) The scope and nature of the prior lobbying activities of the individual, including whether such activities were de minimis or rendered on behalf of a nonprofit organization. (D) The extent to which the purposes of the restriction may be satisfied through other limitations on the services of the individual, such as those required by paragraph (3)(A) of the pledge.