[Federal Register Volume 71, Number 74 (Tuesday, April 18, 2006)]
[Rules and Regulations]
[Pages 19827-19829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3658]


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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, 
[email protected].

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