Overview
This section authorizes the Secretary of Defense to waive anti-lobbying prohibitions for specific federal actions when deemed necessary for national interest. It establishes the procedural requirements for documenting and reporting such exceptions to legislative oversight.
Key Rules
- Authority: Only the Secretary of Defense has the power to grant this exemption.
- Case-by-Case Basis: Exemptions cannot be applied broadly or categorically; they must be determined individually for each covered Federal action.
- Written Determination: The Secretary must provide a formal written justification stating that the exemption is in the national interest.
- Congressional Notification: A copy of the determination must be transmitted to Congress immediately following the decision.
Practical Implications
- This represents a high-level safety valve for critical defense acquisitions where strict adherence to subpart 3.8 prohibitions might jeopardize national security.
- Contractors should view this as an extremely rare occurrence, as the requirement for immediate congressional notification ensures significant political and public transparency for any granted exemption.