[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)]
[Unknown Section]
[Page ]
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).
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    Dated: November 16, 1994.
Harvey G. Ryland,
Deputy Director.
[FR Doc. 94-28790 Filed 11-25-94; 8:45 am]
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