This process can be found in the most current Revised Army Reinvention Procedures (16 April 1999). It is intended to standardize waiver procedures and to clarify the duties and responsibilities of both the submitting agencies and the HQDA functional proponents.

1. Reinvention activity commanders and directors are granted the authority to approve waivers of Army policy and request expedited approval of OSD policy waivers. The exception to the waiver authority is that the waived policy can not be based on law. All waiver requests must include the reinvention activities senior legal officer’s formal review of the request to ensure the policy under consideration is not bound by law. A waiver package must include:

• Title with installation waiver tracking number. The Strategic Management & Innovations Division (SMID) will assign the HQDA tracking number.

• Unit or activity affected

• Initiative or process being Improved – explain the reason for the waiver

• Specifically cite the requirements of the policy/regulation to be waived (include the paragraph and line number or section)

• Expected benefits

• Identify metrics for measurement of success

• Risk management (if applicable)

• Effective date and duration of waiver

• Legal coordination stating that the granting of this waiver would not be inconsistent with any statute or law (name of legal officer and date signed)

2. Within two days of approval, submitting centers and labs will notify DACS-DM-SMI by email, fax or hard copy of the approved waiver.

3. Waiver requests are submitted to DACS-DM-SMI, who staffs with the HQDA Staff Proponent and Army General Counsel. Immediately, DACS-DM-SMI assigns a HQDA waiver tracking number and provides a copy of the approved waiver to the HQDA Staff Proponent, and Army General Counsel.

4. If the HQDA Staff Proponent responsible for the affected Army regulation or the Army General Counsel does not object to the waiver, no action is required. The submitting reinvention activity continues with implementation of the waiver.

5. When a HQDA Staff Proponent or the Army General Counsel objects to the waiver, they will notify the submitting reinvention center or lab and the Management Directorate, DACS-DM-SMI, of the objection within 5 working days of receipt of the waiver. Upon receipt of objection notice, the submitting reinvention center or lab will maintain the status quo and defer implementation of the waiver until the issues are resolved using the dispute resolution process as follows:

a. All parties involved shall work together to resolve any issue precluding agreement on the provisions of the waiver proposal or to amend the request to achieve agreement.

b. If required, the DM, will convene a dispute resolution-working group to achieve this end. 

c. If the parties do not agree, they will work together to produce a joint decision report package for the SECARMY within 30 days of receipt of the initial waiver request. The package will be prepared by the HQDA Staff Proponent and will contain the following elements:

(1) Identification of resolved and unresolved issues between Staff Proponent and the submitting reinvention lab.

(2) Clear statement of the waiver request (original or revised), and the expected benefits.

(3) Specific statement by the HQDA Staff Proponent or Army General Counsel addressing each point of the waiver that is under dispute and why the Functional Proponent recommends the SECARMY disapprove the proposal.

d. When the parties involved cannot agree on all issues, the joint decision package is coordinated with the reinvention lab and the Director of Management before forwarding the package through the Director of the Army Staff (DAS) to the SECARMY for resolution. The SECARMY is the only designated authority to disapprove a waiver proposal. After the Secretary approves or disapproves the waiver, the package is returned to the Management Directorate for dissemination to the originating reinvention laboratory with copies furnished to the HQDA Staff Proponent and Army General Counsel.

6. All requests for DOD Reinvention Waivers are submitted to DACS-DM-SMI and processed in accordance with the Revised DOD Policy and Procedures for Reinvention Laboratories.

Send comments to: leadingchange@hqda.army.mil

Last revision: 18 Aug 2008