18 April 2006
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[Federal Register: April 18, 2006 (Volume 71, Number 74)]
[Rules and Regulations]
[Page 19827-19829]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap06-11]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 64
[DoD-2006-OS-0022]
[RIN 0790-AH92]
Management and Mobilization of Regular and Reserve Retired
Military Members
AGENCY: Department of Defense.
ACTION: Interim final rule.
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SUMMARY: This rule prescribes uniform policy and guidance governing the
peacetime management of retired military personnel, both Regular and
Reserve, in preparation for their use during a mobilization. It impacts
non-DoD organizations that have DoD-related missions, such as the
Department of Homeland Security and the Selective Service System, and
non-DoD organizations that have North Atlantic Treaty Organization-
related missions, under agreements with those non-DoD organizations and
advises all federal agency managers of the possible use of military
retirees who may be in their employment as civilians.
DATES: This rule is effective April 18, 2006. Comments must be received
by June 19, 2006.
ADDRESSES: You may submit comments, identified by docket number and/or
RIN number and title, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://regulations.gov
as they are received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Daniel Kohner, 703-693-7479,
Dan.Kohner@osd.mil.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 64 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect to the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof:
or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
[[Page 19828]]
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. The impact of this DoD policy is to offer federal
agencies the opportunity to identify civilian positions that could be
filled by military retirees during times of war or national emergency,
and to coordinate those possible requirements with the DoD. This policy
does not impact small entities.
Public Law 96-511, ``Paperwork Reduction Act (44 U.S.C. Chapter 35)''
It has been certified that this rule does not impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
Executive Order 13132, ``Federalism''
It has been certified that this rule does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
List of Subjects in 32 CFR Part 64
Military personnel.
0
For the reasons set forth in the preamble, 32 CFR part 64 is revised to
read as follows:
PART 64--MANAGEMENT AND MOBILIZATION OF REGULAR AND RESERVE RETIRED
MILITARY MEMBERS
Sec.
64.1 Purpose.
64.2 Applicability and scope.
64.3 Definitions.
64.4 Policy.
64.5 Responsibilities.
Authority: 10 U.S.C. 688, 973, and 12301(a).
Sec. 64.1 Purpose.
This part implements 10 U.S.C. 688, 973, 12301(a), and 12307 by
prescribing uniform policy and guidance governing the peacetime
management of retired Regular and Reserve military personnel preparing
for their use during a mobilization.
Sec. 64.2 Applicability and scope.
This part:
(a) Applies to the Office of the Secretary of Defense, the Military
Departments (including the Coast Guard when it is not operating as part
of the Navy by agreement with the Department of Homeland Security), the
Chairman of the Joint Chiefs of Staff, the Combatant Commands, the
Office of the Inspector General of the Department of Defense, the
Defense Agencies, the DoD Field Activities, and all other
organizational entities in the Department of Defense (hereafter
referred to as the ``DoD Components''). The term ``Military Services,''
as used herein, refers to the Army, the Navy, the Air Force, the Marine
Corps, and the Coast Guard. The term ``Secretary concerned,'' refers to
the respective Secretaries of the Military Departments and the
Secretary of Homeland Security for the Coast Guard when it is not
operating as part of the Navy. (b) This part also applies to non-DoD
organizations that have DoD-related missions, such as the Department of
Homeland Security and the Selective Service System, and non-DoD
organizations that have North Atlantic Treaty Organization-related
missions, under agreements with those non-DoD organizations.
Sec. 64.3 Definitions.
(a) Key employee. Any Reservist or any military retiree (Regular or
Reserve) identified by his or her employer, private or public, as
filling a key position.
(b) Key position. A civilian position, public or private
(designated by an employer and approved by the Secretary concerned),
that cannot be vacated during war, a national emergency, or
mobilization without seriously impairing the capability of the parent
agency or office to function effectively, while meeting the criteria
for designating key positions as outlined in Department of Defense
Directive 1200.7.\1\
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\1\ Copies may be obtained from http://www.dtic.mil/whs/directives
.
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(c) Military retiree categories. (1) Category I. Non-disability
military retirees under age 60 who have been retired fewer than 5
years.
(2) Category II. Non-disability military retirees under age 60 who
have been retired 5 years or more.
(3) Category III. Military retirees, including those retired for
disability, other than categories I or II retirees (includes warrant
officers and healthcare professionals who retire from active duty after
age 60).
(d) Military retirees or retired military members. (1) Regular and
Reserve officers and enlisted members who retire from the Military
Services under 10 U.S.C. Chapters 61, 63, 65, 1223, 367, 571, or 573,
and 14 U.S.C. Chapters 11 and 21.
(2) Reserve officers and enlisted members eligible for retirement
under one of the provisions of law in Sec. 64.3(d) who have not
reached age 60 and who have not elected discharge or are not members of
the Ready Reserve or Standby Reserve (including members of the Inactive
Standby Reserve).
(3) Members of the Fleet Reserve and Fleet Marine Corps Reserve
under 10 U.S.C. 6330.
Sec. 64.4 Policy.
(a) It is DoD policy that military retirees be ordered to active
duty as needed to perform such duties as the Secretary concerned
considers necessary in the interests of national defense as described
in 10 U.S.C. 12301 and 688.
(b) The DoD Components and the Commandant of the U.S. Coast Guard
shall plan to use as many retirees as necessary to meet national
security needs.
(c) The military retirees ordered to active duty may be used
according to guidance prescribed by the Secretary concerned as follows:
(1) To fill shortages or to augment deployed or deploying units and
activities or units in the Continental United States, Alaska, and
Hawaii supporting deployed units.
(2) To release other military members for deployment overseas.
(3) Subject to the limitations of 10 U.S.C. 973, Federal civilian
workforce shortages in the Department of Defense, the U.S. Coast Guard,
or other Government entities.
(4) To meet national security needs in organizations outside the
Department of Defense with Defense-related missions, if the detail
outside the Department of Defense is approved according to DoD
Directive 1000.17.\2\
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\2\ See Sec. 64.3(b).
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(5) To perform other duties that the Secretary concerned considers
necessary in the interests of national defense.
(d) Military retirees shall be ordered to active duty with full pay
and allowances. They may not be used to fill mobilization billets in a
non-pay status.
(e) Military retirees serving on active duty may be reassigned to
meet the needs of the Military Service.
Sec. 64.5 Responsibilities.
(a) The Assistant Secretary of Defense for Reserve Affairs and the
Deputy Under Secretary of Defense (Military Personnel Policy)
(DUSD(MMP)), under the Under Secretary of Defense for
[[Page 19829]]
Personnel and Readiness, shall provide policy guidance for the
management and mobilization of DoD military retirees.
(b) The Secretaries of the Military Departments and the Commandant
of the U.S. Coast Guard shall ensure plans for the management and
mobilization of military retirees are consistent with this rule.
(c) The Directors of the Defense Agencies, the Secretary of
Homeland Security, the Director of the Selective Service System, and
Heads of Federal Agencies, shall, by agreement, assist in identifying
military and Federal civilian wartime positions that are suitable to be
filled by military retirees. They shall also process those requirements
according to Departmental policy, including any appropriate
coordination under Department of Defense Directive 1000.17,\3\ before
the positions are filled by the Military Services. The Secretary of the
Military Department shall retain the right to disapprove the request if
no military retiree is available.
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\3\ See Sec. 64.3(b).
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(d) The Secretaries of the Military Departments, or designees,
shall:
(1) Prepare plans and establish procedures for mobilization of
military retirees according to this rule.
(2) Determine the extent of military retiree mobilization
requirements based on existing inventories and inventory projections
for mobilization of qualified Reservists in an active status in the
Ready Reserve, including Individual Ready Reserve and the Inactive
National Guard (when placed in an active status), or the Standby
Reserve.
(3) Develop procedures for identifying retiree Categories I and II
and conduct screening of retirees according to Department of Defense
Directive 1200.7.\4\
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\4\ See Sec. 64.3(b).
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(4) Maintain necessary records on military retirees and their
military qualifications. Maintain records for military retiree
Categories I and II, including retirees who are key employees, and
their availability for mobilization, civilian employment, and physical
condition. Data shall be
(5) Advise military retirees of their duty to provide the Military
Services with accurate mailing addresses and any changes in civilian
employment, military qualifications, availability for service, and
physical condition.
(6) Pre-assign retired members, when determined appropriate and as
necessary.
(7) Determine refresher training requirements.
Dated: April 11, 2006.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 06-3658 Filed 4-17-06; 8:45 am]
BILLING CODE 5001-06-M