(s) All references to provisions of law and regulations shall refer to such provisions as are in effect on January 20, 2021.
Sec. 3. Waiver. (a) 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.
(b) A waiver shall take effect when the certification is signed by the Director of OMB and shall be made public within 10 days thereafter.
(c) 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.
Sec. 4. Administration. (a) The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the agency’s general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to ensure:
- that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee;
- that compliance with paragraph 3 of the pledge is addressed in a written ethics agreement with each appointee to whom it applies, which agreement shall also be approved by the Counsel to the President prior to the appointee commencing work;
- that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and
- that the agency generally complies with this order.
(b) With respect to the Executive Office of the President, the duties set forth in section 4(a) of this order shall be the responsibility of the Counsel to the President.
(c) The Director of the Office of Government Ethics shall:
- ensure that the pledge and a copy of this order are made available for use by agencies in fulfilling their duties under section 4(a) of this order;
