[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28790]
[Federal Register: November 28, 1994]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 337
RIN 3067-AB51
National Defense Executive Reserve Guidance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Proposed rule.
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SUMMARY: This proposed rule would add a new part 337 to title 44, Code
of Federal Regulations, National Defense Executive Reserve Guidance.
This part would provide guidance to Federal departments and agencies
that sponsor reserve units and recruit and train unit members under the
National Defense Executive Reserve.
DATES: Comments are requested and should be submitted no later than
January 27, 1995.
ADDRESSES: Please submit written comments to the Rules Docket Clerk,
Office of the General Counsel, Federal Emergency Management Agency, 500
C Street SW., Washington, DC 20472, (facsimile) (202) 646-4536.
FOR FURTHER INFORMATION CONTACT: Linda Matticks, Program Analyst,
Preparedness, Training and Exercises Directorate, Federal Emergency
Management Agency, Room 633, 500 C Street SW., Washington, DC 20472,
(202) 646-2703.
SUPPLEMENTARY INFORMATION: New part 337 responds to Executive Order
12919 of June 8, 1994, 59 FR 29525, which delegates to the Director of
FEMA the responsibility to provide for the appropriate guidance for the
recruitment, training, and activation of National Defense Executive
Reserve Units. This part would provide guidance for those Federal
departments and agencies delegated authority under Executive Order
12919 of June 3, 1994 (59 FR 29525, June 7, 1994) to sponsor reserve
units under the National Defense Executive Reserve and guidance for the
recruitment and training of unit members.
Executive Order 12866, Regulatory Planning and Review
This proposed rule would not be a significant regulatory action for
the purposes of Executive Order 12866, as defined in Sec. 3(f) of that
Executive Order. To the greatest extent practicable, FEMA would adhere
to the principles of regulation set forth in Sec. 1(b) of the Executive
Order.
Regulatory Flexibility Act
I certify that this rule would not have a significant economic
impact on a substantial number of small entities in accordance with the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the rule
would not be expected (1) to affect adversely the availability of
Federal benefits to small entities, (2) to have significant secondary
or incidental effects on a substantial number of small entities, and
(3) to create any additional burden on small entities. As a result, a
regulatory flexibility analysis would not be prepared.
Paper Work Reduction Act
The information collection contained in this rule has been approved
by the Office of Management and Budget (OMB) under the provisions of
the Paperwork Reduction Act of 1980, 44 U.S.C 3501 et seq. and assigned
OMB control number 3067-0001. Public reporting burden for the
information collection, FEMA Form 85-3, National Defense Executive
Reserve Personal Qualifications Statement, is estimated to average 30
minutes per response. This includes the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the form.
Send comments regarding this burden estimate or any aspect of the form,
including suggestions for reducing the burden, to Information
Collections Management, Federal Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472; and to the Office of Management and
Budget, Paperwork Reduction Project (3067-1001), Washington, DC 20503.
National Environmental Policy Act
This rule would be categorically excluded from the requirements of
44 CFR Part 10, Environmental Consideration. No environmental impact
assessment has been prepared.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778.
List of Subjects in 44 CFR Part 337
National defense, National Defense Executive Reserve, Reporting and
recordkeeping requirements.
Accordingly, Title 44, Code of Federal Regulations, is proposed to
be amended by adding part 337 as follows:
PART 337--NATIONAL DEFENSE EXECUTIVE RESERVE GUIDANCE
Sec.
337.1 Introduction
337.2 Policy
337.3 Purpose
337.4 Applicability and scope
337.5 Definitions
337.6 Implementation
337.7 Criteria
337.8 Reserve membership
337.9 Reporting
Appendix A to Part 337--National Defense Executive Reserve Application
Appendix B to Part 337--National Defense Executive Reserve Statement of
Understanding
Authority: National Security Act of 1947, 50 U.S.C. 404; Defense
Production Act of 1950, 50 U.S.C. App. 2061, et seq.; The Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq.; E.O. 12148 of July 20, 1979, 3 CFR, 1979 Comp., p.
412; E.O. 12656 of November 18, 1988, 3 CFR, 1988 Comp., p. 585; and
E.O. 12919 of June 3, 1994 (59 FR 29525, June 7, 1994).
PART 337--NATIONAL DEFENSE EXECUTIVE RESERVE GUIDANCE
Sec. 337.1 Introduction.
Section 710(e) of the Defense Production Act of 1950, as amended
(50 U.S.C. App. 2160(e)) authorizes the President to establish and
train a nucleus Executive Reserve. The President by Executive Order
10660 of February 15, 1956 established the National Defense Executive
Reserve (NDER). The Executive Order authorized the heads of departments
or agencies designated by the Director of the Office of Defense
Mobilization (predecessor to the Director of the Federal Emergency
Management Agency (FEMA)) to establish units of the Executive Reserve.
Executive Order 12919 of June 3, 1994, superseded Executive Order 11179
which superseded Executive Order 10660 but continued the NDER program.
The NDER is part of the national security emergency preparedness
program and provides for a standby reserve of highly qualified
individuals who are trained as volunteers until they are activated by
the President, or the head of a department or agency during periods of
emergency. The program facilitates the employment of Reservists in
executive positions in government during an emergency requiring such
activation. In addition, the Executive Reserve may be used for
emergency preparedness activities as defined under Title VI of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act.
Sec. 337.2 Policy.
(a) lt is the policy of the President that there shall be in the
Executive Branch of the Government an NDER composed of persons of
recognized expertise from various segments of the private sector and
from government (other than fulltime Federal employees) to be trained
for employment in the Federal Government in the event of an emergency
that requires such employment.
(b) As part of the President's national security emergency
preparedness policy under Executive Order 12656, Federal departments
and agencies shall develop plans and programs to mobilize personnel
(including reservist programs) as appropriate within their assigned
areas of responsibility and to assess essential emergency requirements
and plan for possible use of such resources to meet essential demands
during and following national emergencies.
Sec. 337.3 Purpose.
This part establishes policy and program guidance to assist those
Federal departments and agencies authorized to establish Executive
Reserve units in the NDER. This guidance is to aid in the establishment
and administration of such reserve units and in the recruitment and
training of its members. The purpose of this part is to improve the
ability of departments and agencies to mobilize its manpower
requirements in times of emergencies. The NDER is a mechanism that
allows the Federal Government to enlist the best and most talented
personnel in the private sector to fill both defense and essential
civilian needs in time of emergencies.
Sec. 337.4 Applicability and scope.
This part is applicable to all Federal departments and agencies
that sponsor or that may wish to sponsor a reserve unit under the NDER
program. It provides the standards and procedural guidance for
establishing and administering reserve units and for the recruitment
and training of its members.
Sec. 337.5 Definitions.
National Defense Executive Reserve is a program that provides for
standby Executive Reserve units sponsored by Federal departments and
agencies that are composed of individuals of recognized expertise from
various segments of the private sector and from government (except
full-time Federal employees) who are trained to serve in executive
positions in the Federal Government in time of an emergency that
requires such employment.
Sec. 337.6 Implementation.
(a) General. The Director of FEMA is responsible for the
development of appropriate guidance for the NDER and for the
coordination of the program activities of the departments and agencies
in establishing units of the Executive Reserve. The Director is
responsible for providing appropriate standards and procedural guidance
for recruitment, training and activation of the reserve unit members.
The Director shall issue necessary rules and guidance in connection
with the program and may request the services of participating
departments and agencies and private sector organizations,
institutions, and enterprises in the development of training programs
and materials and in keeping of a centralized roster of Executive
Reserve members.
(b) Interagency NDER Committee. An Interagency NDER Committee,
composed of representatives of the departments and agencies sponsoring
Executive Reserve units and chaired by a representative from FEMA, will
advise the Director of FEMA on matters concerning the NDER program.
(c) Federal departments and agencies. The head of any department
and agency, subject to the guidance of the Director of FEMA may
establish a unit of the Executive Reserve in that department or agency.
It is the responsibility of each department and agency that establishes
a unit to obtain the necessary funding for the unit, to recruit their
own members, to set their own qualifications for membership in addition
to the requirements set forth in this part, to obtain the necessary
security clearances and to conduct training and annual exercises for
such members. FEMA will assist the departments and agencies in their
recruitment efforts through referrals.
Sec. 337.7 Criteria.
(a) The following criteria shall be used in establishing and
maintaining a unit of the Executive Reserve:
(1) The purpose of establishing a reserve unit shall be to augment
the department's or agency's requirements for trained highly-qualified
executive personnel as determined by that department or agency, for use
in time of emergencies.
(2) The functional assignments of members of the reserve unit shall
be described in an organization chart for use in time of an emergency,
accompanied by position descriptions and staffing patterns related to
the organization chart and augmentation plans. These plans must be
approved by the head of the department or agency, and a copy of such
plans is to be provided to the Director, FEMA. A reservist shall not be
assigned to a position that is already filled by a regular government
employee.
(3) Each reserve unit shall be directed by an agency official
designated by the head thereof. The name of the official designated
shall be furnished to the Director, FEMA.
(b) The administration and maintenance of a reserve unit is the
responsibility of the sponsoring agency. Recruitment, security
clearances, training, travel, pay, personnel records, and other
administrative matters shall be accomplished in accordance with the
standards and procedures set forth in this part, the Ethics Reform Act
of 1989, and 5 CFR part 2635, Executive Order 12674, and in the Federal
Personnel Manual to the extent such matters are covered, otherwise, the
sponsoring department or agency is responsible for implementing its own
standards and procedures for that purpose.
(c) Funding the training, travel, and administrative support of the
reserve members shall be the responsibility of the sponsoring
department or agency.
(d) The disestablishment of a reserve unit by the head of a
department or agency shall be reported to the Director, FEMA.
(e) All documents and communications directed to FEMA shall be
addressed to Associate Director, Preparedness, Training and Exercises
Directorate, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472, Attn: NDER Program.
Sec. 337.8 Reserve membership.
(a) General membership conditions. Candidates must agree to the
following conditions to become members of the NDER:
(1) Maintain an active participation in the unit to which he or she
is assigned and attend scheduled training and exercises;
(2) Report without delay for full-time government employment with
the assigned department or agency upon being activated in time of an
emergency;
(3) Serve without compensation, except for reimbursement for
expenses incurred while training;
(4) Serve for a period of 5 years, with a possibility of additional
extensions of 5 year terms;
(5) Inform the department or agency when he or she is unavailable
for full-time government employment in time of an emergency; and
(6) Secure concurrence from his or her employer to participate in
the Executive Reserve unit.
(b) Membership requirements. The following standards apply to the
eligibility of candidates to be reserve members:
(1) Must be U.S. citizens;
(2) No discrimination in the selection because of race, color,
religion, sex, age, national origin, or against qualified handicapped
individuals;
(3) Members of the Ready Reserve (including the National Guard),
retired military personnel with mobilization orders, active Federal
employees, and State and local government employees with emergency
assignments are not eligible for NDER membership. Persons running for
or elected to public office are not eligible;
(4) Candidates must be eligible to be cleared for access to at
least Secret information; and
(5) Candidates must possess the qualifications required to perform
in the assigned emergency position to be filled by the candidate in
time of an emergency. Qualifications for Federal positions are set
forth in the Federal Personnel Manual, Standards of Qualification,
Chapter X-118.
(c) Procedures for designating members. The following steps shall
be taken by the sponsoring department or agency when processing a
candidate for membership in the Executive Reserve:
(1) Candidate is to complete an application (FEMA Form 85-3,
National Defense Executive Reserve Personal Qualifications Statement)
for the NDER program, along with a Statement of Understanding from the
candidate's employer, if applicable, that the employee may participate
in the NDER program. See appendixes A and B of this part.
(2) The sponsoring agency shall send a copy of candidate's
application to the Director of FEMA to determine that the candidate is
not currently a member of the NDER program. FEMA will enter the data
from the form into the NDER Central Register and return the application
to the sponsoring agency.
(3) Members of the NDER may be cleared for access to at least
secret information. If a security clearance is required, applicable
forms shall be completed by the candidate and returned to the
sponsoring department or agency. If required, that department or agency
shall conduct a security investigation of the candidate in accordance
with current security regulations.
(4) When the sponsoring department or agency has approved the
candidate, the head thereof shall issue to the new member, a
Certificate of Membership in the department's or agency's Executive
Reserve unit and a letter informing the member of his or her
appointment. The sponsoring department or agency shall then notify FEMA
of the appointment so that the new member's file in the NDER Central
Register may be updated.
(5) Appointments of members to the Executive Reserve units shall
not exceed five (5) years. Redesignations, transfers and terminations
are covered in Sec. 337.8(f). (Use of FEMA Form 85-3 has been approved
by the Office of Management and Budget under control number 3067-0001.)
(d) Conflicts of interest. (1) The activities of members appointed
to the Executive Reserve under this part shall not include acting or
advising on any matter pending before any department or agency but
shall be limited to receiving training for the member's emergency
assignment. When the member is called to Federal employment during an
emergency, the sponsoring department or agency shall inform the member
of the following conflicts of interest statutes and regulations and any
change thereto or of any new laws or regulations governing this topic:
(i) Bribery, graft and conflict of interest statutes (18 U.S.C. ch.
11);
(ii) Ethics Reform Act of 1989;
(iii) 5 CFR part 2635;
(iv) Executive Order 12674;
(v) Sponsoring department's or agency's conflict of interest
regulations. Questions about conflicts of interest and financial
interest should be referred to the sponsoring department's or agency's
Designated Agency Ethics Official (DAEO). Such questions may also be
directed to the Office of Government Ethics, Washington, DC 20415.
(e) Orientation and training. (1) The program official of the
Executive Reserve unit shall give to all new members appointed to the
unit an orientation covering the overall NDER program, the appropriate
emergency preparedness plans and programs of the sponsoring department
or agency, and the appointee's emergency assignment.
(2) Members shall be kept abreast of their expected duties and of
any new developments in the department's or agency's appropriate
emergency preparedness programs through formal training and exercises
at least annually.
(3) Departments and agencies are responsible for designing their
own orientation and training programs. Executive Reserve program
officials shall design these programs to reflect the appropriate
emergency preparedness activities to which the members will be assigned
as well as an overview of department's and agency's total national
security emergency preparedness programs.
(f) Redesignation, transfer, and termination. (1) To be
redesignated, a reservist must have attended at least one annual
training session within the previous term of appointment or have
otherwise participated in approved training. However, the unit's
program official of the sponsoring department or agency may authorize
the redesignation of a reservist on a case-by-case basis, where there
are special circumstances or conditions to warrant or justify such
redesignation.
(2) A Reservist who changes employment since his or her previous
designation, will be required to file a new application with a
Statement of Understanding (appendix B of this part) from his or her
employer agreeing to the member's participation in the NDER program.
(3) A sponsoring department or agency that requests the transfer of
a reservist from one unit to another must obtain the concurrence of:
(A) The reservist current unit;
(B) The reservist; and
(C) The reservist's employer.
(4) A reservist may be terminated if it is determined by the
sponsoring department or agency that the member's services are no
longer needed. A reservist is terminated automatically when the
member's term expires without redesignation or when the reservist fails
to meet the membership requirements as set forth in this Part or as set
forth in the sponsoring department's or agency's qualifications. A
reservist may resign at any time.
(5) A reservist who has served with distinction and who is not
redesignated may be placed in Reservist Emeritus Status. Such a
reservist may participate in training programs and other activities
when the unit would benefit from the member's knowledge and experience.
A Reservist Emeritus will not receive an appropriate emergency
assignment nor will he or she be called to duty in time of an emergency
without consent.
(6) Notification of any changes in status of a reservist, whether
by redesignation, transfer, termination or Emeritus determination,
shall be furnished in writing to the Director of FEMA to include the
date of such action and any change of addresses, home or business.
(g) Activating reservists. (1) The head of each department or
agency with an NDER unit may activate the unit, in whole or in part,
upon written determination that an emergency exists and that the
activation of the unit is necessary to carry out the emergency program
functions of the department or agency.
(2) At least 72 hours prior to activating the NDER unit, the head
of the department or agency shall notify, in writing, the Assistant to
the President for National Security Affairs of the impending
activation, and a copy of such plans is to be provided to the Director,
FEMA.
(3) Once the authority to activate reservists has been approved by
the Assistant to the President for National Security Affairs, whether
it be an activation by unit or by individual, the sponsoring department
or agency is responsible for notifying the reservists.
(4) The authority for appointing reservists to assigned positions
upon being activated may be found in the Federal Personnel Manual, part
910-1. Appointments in the event of an attack on the United States are
addressed in the Federal Personnel Manual Supplement.
(h) Central register of reservists. The Director of FEMA shall
maintain a central register of all NDER members and candidates. The
register will be used to compile periodic and special reports and to
prevent duplication in recruiting of NDER members.
(i) Employment of reservist in a non-NDER status. Departments and
agencies wishing to appoint a member of the Reserve as a Federal
employee or consultant outside the NDER, must follow the established
Office of Personnel Management procedures for hiring regular Federal
employees.
(j) Records. Departments and agencies sponsoring NDER units shall
keep administrative records of their units' activities that will enable
them to report information to the Director of FEMA of the type
necessary for the periodic reports to the President required under
Executive Order 12656 and Executive Order 12919.
Sec. 337.9 Reporting.
Under Executive Order 12656, the Director of FEMA is required to
submit a periodic report to the President on the Federal Government's
capability to respond to national security emergencies. In addition,
the Director of FEMA is to report to the President periodically
concerning all program activities conducted pursuant to Executive Order
12919. An evaluation of the NDER programs of Federal departments and
agencies will be included in these reports. Therefore, Federal
departments and agencies shall report the following information to the
Director on an annual basis in accordance with written instructions
provided by FEMA:
(a) The number of active and emeritus members in each unit;
(b) Training activities for the past fiscal year and training plans
for the upcoming fiscal year, including a description of the program,
its location, the number of reserve, Federal, State, local and guest
participants, and dates; and
(c) A written evaluation of NDER activities during the past fiscal
year. (These reporting requirements have been cleared in accordance
with Federal Information Resources Management Regulations (FIRMR) 201-
45.6 (41 CFR 201-45.6) and assigned interagency report control number
1086-FEM-XX).
BILLING CODE 6718-20-P
TP28NO94.001
TP28NO94.002
TP28NO94.003
TP28NO94.004
Dated: November 16, 1994.
Harvey G. Ryland,
Deputy Director.
[FR Doc. 94-28790 Filed 11-25-94; 8:45 am]
BILLING CODE 6718-20-C