The head of the agency may waive the prohibitions under 40.202 on a case-by-case basis in accordance with agency procedures and based on the statutory waiver provisions (sections 1823, 1824, and 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.)—

1. (a) With the approval of the Director of the Office of Management and Budget, after consultation with the FASC; and

2. (b) Upon notification to—

   1. (1) The Committee on Homeland Security and Governmental Affairs of the Senate;
   2. (2) The Committee on Oversight and Accountability in the House of Representatives; and
   3. (3) Other appropriate congressional committees of jurisdiction.