(a) The DoD General Counsel may waive any provision of this part based upon a determination that the waiver is not inconsistent with 5 CFR part 2635 or otherwise prohibited by law, and that waiver of the provision will not undermine public confidence in the integrity of Government programs or operations. The waiver must be:
(1) In writing;
(2) Supported by a detailed statement of facts and findings; and
(3) Narrow in scope and limited in duration.
(b) The DoD General Counsel may withdraw the waiver, in writing, if it is determined to no longer be necessary.
(c) The authority for granting and withdrawing a waiver cannot be delegated below the DoD Alternate DAEO.
authority: 5 U.S.C. 301,
7301,
7351,
7353;
5 U.S.C. Chapter 131; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306;
5 CFR 2635.105, 2635.203(a), 2635.204(k), 2635.803, 2635.807
source: 88 FR 12543, Feb. 28, 2023, unless otherwise noted.
cite as: 5 CFR 3601.107