[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60116-60120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16898]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Defense Advisory Board

AGENCY: Department of Defense.

ACTION: Notice.

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SUMMARY: The Defense Advisory Board meeting convened at 8 a.m., Friday, 
September 22, 2006, but did not have a quorum. The meeting was allowed 
and conducted in accordance with the Federal Advisory Committee Act 
(FACA) exception that no deliberation or voting can take place absent a 
quorum. These conditions were adhered to. Additionally, hard copies of 
all briefings from the meeting will be forwarded to the absent members 
and a confirmation printout of the transmitted briefings will be kept 
on file as a matter of record.
    Location: Pentagon, Room 2E219.

Attendees

Members

David A. Janes, Chairman, DAB; Chairman and CEO, Janes Capital 
Partners.
Donald V. Esmond, Senior VP Automotive Operations, Toyota Motor Sales.
Walter P. Havenstein, Executive Vice President, BAE Systems North 
America.
W. Thomas Musser, Chairman of the Board, Tri-M Group, LLC and Tri-M 
Holdings, LLC.
Kathleen M. Naylor, Director, Worldwide Executive and Leadership 
Development, UNISYS Corp.
Joyce Reed, Community Relations Manager, Tyson Foods, Inc.

Absent

William T. Powell, President, Institute for Defense and Business.
John T. Gremp, VP-Energy Production Systems, Energy Systems Group, FMC 
Technologies, Inc.
Bradley T. MacDonald, Chairman and CEO, Medifast, Inc.
Jeffery C. Crowe, Chairman and CEO, Landstar System, Inc.
Michael J. Earley, President and CEO, Bankers Trust Company.
Christopher K. Komisarjevsky, President and CEO, Emeritus, Burson-
Marsteller Worldwide.
Kenneth L. Gile, President, Skybus Airlines.

Department of Defense

The Honorable Thomas F. Hall, Assistant Secretary of Defense, Reserve 
Affairs.
Craig W. Duehring, Principal Deputy Assistant Secretary of Defense, 
Reserve Affairs.
Bob Hollingsworth, Executive Secretary, DAB.
Mr. Tom Bush, Principal Deputy Manpower & Personnel, Office of the 
Secretary of Defense, Reserve Affairs.
Phil Pope, Designated Federal Officer, DAB.
Roxie Merritt, Office of the Assistant Secretary of Defense, PA, 
Internal Com/Public Liaison.
Ted Kehr, Director, Employer Support Division, National Guard Bureau.

Public

Mr. Nick Dawson, Department of Labor, Veterans Employment and Training 
Services.
Mr. Marcus Bradshaw, Department of Labor, Veterans Employment and 
Training Services.

Speakers

The Honorable Thomas F. Hall, Assistant Secretary of Defense, Reserve 
Affairs. Topic: Welcome and Opening Remarks.
Kathleen Naylor, Director, Worldwide Executive and Leadership 
Development, UNISYS Corp. and Roxie Merritt, Office of the Secretary of 
Defense, PA for Internal Com/Public Liaison. Topic: Communications/
Outreach Update.
Nick Dawson and Marcus Bradshaw, Veteran's Administration Department of 
Labor. Topic: Uniformed Services Employment and Reemployment Rights Act 
(USERRA).
Bob Hollingsworth, National Committee for Employer Support of the Guard 
(NCESGR) and Reserve Executive Director and DAB Executive Secretary. 
Topic: ESGR Outreach Status Brief.
Tom Bush, Principal Deputy Manpower and Personnel, Office of the 
Secretary of Defense, Reserve Affairs. Topic: ``Transitioning To An 
Operational Reserve''.

DAB Meeting Summary

    Meeting discussions focused on four primary areas:
    (1) Leveraging and implementation of long-range strategic 
communications plan that uses public affairs tactics designed to assist 
branding NCESGR, while targeting key messages to employers.
    (2) An information brief of USERRA rights and responsibilities as 
they affect Reserve Component members/employers.
    (3) Employer data and impact on employers as Guard and Reserve 
transition from a Strategic Reserve to an Operational Reserve.
    (4) OSD-RA Manpower and Personnel prospective of transition to an 
Operational Reserve.
    Invited speakers discussed more aggressive public affairs efforts 
to enhance communications with employers; the ongoing process to 
educate and inform employers and Defense Advisory Board (DAB) members 
regarding legal rights and responsibilities under the Uniformed 
Services Employment and Reemployment Rights Act (USERRA); the purpose 
and function of NCESGR and transitioning from a Strategic Reserve to an 
Operational Reserve.

Opening Remarks

Secretary Thomas F. Hall, Assistant Secretary of Defense, Reserve 
Affairs

    Secretary Hall thanked Mr. Hollingsworth and his team for a great 
Leadership Conference, and the culmination of a superb Freedom Award 
Dinner, which also resulted in late night news coverage emphasizing the 
significant support provided to the nation's Guard and Reserve by 
America's exceptional employers. General Cody did a great job with his

[[Page 60117]]

speech, as well as WLS-Channel 7 News broadcast reporter Mr. Leon 
Harris, the event Master of Ceremonies. Later today, 15 distinguished 
employer recipients of the Secretary of Defense Employer Support 
Freedom Award will meet with President Bush at the Oval Office.

David Janes, DAB Chairman

    On Thursday, September 21, 2006, NCESGR held its annual Leadership 
Conference in which all State and Territory Field Committee Chairs were 
in attendance. This is the first time that only the Chairs were invited 
to the conference without any other Field Committee Executive members. 
Everyone came with lots of positive energy. We have fielded the best 
group of volunteer leaders in the past three years, very professional 
and energetic. Furthermore, a lot of positive changes have taken place 
in the past three years that has led us to this remarkable team of 
Field Committee Chairs. This is attributed in large part to the 
tremendous support received from both NCESGR and the Office of the 
Secretary of Defense for Reserve Affairs (OSD-RA) staff, which 
continues to reinforce why ESGR is important. Everyone's hard work has 
made a difference and that has contributed to making this the strongest 
Field Committee Chair Team ever.
    A number of DAB members have expressed that it would be beneficial 
for them to visit a training mobilization site while Guardsmen are 
mobilizing. Fort Dix in New Jersey, Fort McCoy in Wisconsin, and 29 
Palms in California are among the potential venues that could be 
researched. Our next meeting scheduled in February of 2007 could be 
held at a National Guard Bureau mobility site during an actual training 
mobilization in order for DAB members to experience what type of 
preparation guard reserve members go through during mobilization. Mr. 
Hollingsworth has agreed to investigate possible training sites.
    Minutes from the June 2006 meeting have been approved and have been 
posted in the Federal Register, as a matter of public record.
    A draft of the September 22, 2006 meeting minutes will be sent to 
DAB members for review prior to publication and hard copies of all 
slide presentations will be mailed to the members absent to ensure DAB 
Committee meeting compliance with FACA guidance absent a quorum.

Meeting Presenters

Kathleen Naylor, Director, Worldwide Executive & Leadership 
Development, UNISYS Corp.

Roxie Merritt, Office of the Assistant Secretary of Defense, PA 
(Internal Com/Public Liaison)

Topic: Communications/Outreach Update
    The DAB determined that there is an ongoing need to build stronger 
partnerships with employers of guard and reserve members. The 
development of an integrated communications plan has been drafted to 
address the lack of reliable methods by which the DoD can convey 
information routinely to employers of guard and reserve members. The 
premise for this initiative is to establish an ongoing mechanism to 
communicate information about the Department of Defense, and associated 
agencies VA, and DoL regarding related plans, policies, mobilizations 
and training issues for Reserve component members and employers. The 
following topics were discussed:

Integrated Plan

     Utilize broadcast, Web, print and outreach tools (events) 
and key individuals to highlight NCESGR and model employers of 
Guardsmen and Reservists.
     Leverage Freedom Awards Ceremony, America Supports You, 
Employer Boss Lifts and other contract resources.

Web/News Media Approaches

     Use American Forces Press Service reporters to cover and 
generate wire stories on events.
     Wire stories can be distributed to more than 1,000 
military publications and newspapers world-wide.
     Deploy on-line survey to employers to gain additional 
insights on their view, perspectives and support they wish.
     Post key communications/messages to http://www.Defenselink.mil which receives more than 65,000 unique hits per 
day.

Broadcast

     Use Pentagon Channel television crew to cover NCESGR 
events.
     Pentagon Channel can be viewed world-wide and is carried 
on a number of commercial cable and satellite providers.
     The broadcast piece will be available on http://www.pentagonchannel.mil the day the piece airs on Pentagon Channel.
     Event will be promoted on the Pentagon Channel crawler.
     Determine other media possibilities outside government to 
leverage NCESGR events.

Print/Outreach

     NCESGR events will be included in regular outreach 
products DoD updates for distribution and releases on the day of the 
event.
     Events will be posted to OSD-PA event calendar.
     Story to be carried in the National Guard Family Readiness 
Newsletter.
     Leverage ``Hometown News'' local newspapers and work with 
America Supports You, and grass roots organizations.
     Use Legislative body to promote/support outreach 
(Senators/Internal Legislative Affairs, DoD Legislative Affairs, and 
White House Legislative Affairs staff).

Online Survey

    Utilize/leverage all vehicles available to include DoL, recruiting 
commands, if feasible, and others to launch survey to employers (sample 
survey to be developed and will be short/succinct and will leverage 
work of Freedom Awards recipients).

Outreach by Legislative Body/Media

     Leverage internal resources--share NCESGR/DAB strategy, 
ask for their input and reach out to those who have stepped forward to 
bridge gaps and build relationships.
     Feature stories in key publications and at key events 
(with photos)--Start with leveraging recurring events such as, NCESGR's 
annual Freedom Awards.

Charting a Way Ahead

     Identify quick ways to deploy an online survey to 
employers.
     Obtain NCESGR resources to work with OSD-PA, DoD and DAB.
     Identify concise survey topics to address with employers.
     Define how success of media initiatives will be measured.
     Work to engage support and involvement of House and Senate 
members to promote NCESGR.
     Dedicate internal NCESGR staff to support communications 
if this initiative is a priority.
     Define actions/dates to leverage existing DoD initiatives 
i.e., America Supports You.
     Routinely interface with DoL point person to leverage key 
messages, outreach and DoD/DoL use of the Civilian Employer Information 
database.
     Commit aggressive support from DAB to move initiative 
forward.

[[Page 60118]]

Mr. Nick Dawson and Mr. Marcus Bradshaw, Department of Labor (DoL), 
Veterans Employment and Training Services (VETS)

Topic: Uniformed Services Employment and Reemployment Rights Act 
(USERRA)
    A big compliance problem employers' face is a limited knowledge and 
understanding about USERRA. NCESGR and DoL (VETS) are simultaneously 
engaged in an ongoing concerted effort to help educate employers, 
Guardsmen and Reservists about their rights and responsibilities. The 
following information was discussed:

Who USERRA Covers

     The Uniformed Services Employment and Reemployment Rights 
Act (USERRA) was enacted in 1994 under Title 38, U.S. Code, 4301-4334.
     USERRA applies to virtually all employers (foreign and 
domestic) in the United States and its Territories.
     USERRA generally protects persons who perform, have 
performed or apply to perform service in the uniformed services.
     Service in the uniformed services includes voluntary and 
involuntary service, both during wartime and in peacetime.
     Since 2002, service by intermittent disaster response 
personnel for FEMA and training to perform such service is considered 
service in the uniformed services and is protected by USERRA.

Employment Rights

     Employment rights consist of protections against 
employment discrimination and employer retaliation.
     Employers may not discriminate in employment, 
reemployment, retention in employment, promotions or any benefit of 
employment on the basis of a person's prior military service, current 
military obligations, or an intent to join one of the uniformed 
services.
     Also, an employer may not take any adverse action to 
retaliate against a person who has attempted to enforce his or her 
rights under USERRA.
     The law also prohibits retaliation against a person who 
assists or testifies in an investigation or other enforcement action. 
Such person is protected from retaliation even if he or she has no 
military connection.

Reemployment Rights

     If the returning employee meets the eligibility criteria, 
he or she is entitled to prompt reemployment in accordance with what is 
referred to as the ``escalator principle,'' which was first laid down 
by the Supreme Court in the first reemployment rights case it decided, 
in 1946.
     The person is to be reemployed in the position he or she 
would have attained if he or she had remained continuously employed 
during the period of military service. If the period of military 
service was for more than 90 days, the employer has the option to 
reemploy the person in the ``escalator'' position or in another similar 
position with like seniority, status and rate of pay. An employer is 
required to make reasonable efforts to accommodate a disability 
incurred or aggravated during the period of military service.
     An employee who performs service of 31 or more days, must, 
upon request of the employer, provide documentation (official orders or 
DD-214) that shows the employee is eligible for reemployment. However, 
if the documentation is not readily available or doesn't exist, the 
employer must still reemploy the returning employee. The employer can 
also contact the DoD (ESGR) or the employee's command to obtain 
documentation.
     The employer is excused from the obligation to reemploy if 
the employer's circumstances have changed so as to make the 
reemployment impossible or unreasonable. This would apply, for example, 
if the employer has a bona fide layoff that would have included the 
service member.
     An employer is also excused from reemployment obligations 
if the employee in question held a position that was to last for only a 
brief non-recurrent period with no expectation that it would continue 
indefinitely or for a significant period of time.

Benefits and Pensions

     Upon reemployment, the employee is entitled to the 
seniority and seniority-related benefits he or she had at the beginning 
of the military plus whatever seniority and seniority benefits he or 
she would have gained during the period of military service.
     While absent to serve in the uniformed services, the 
employee is considered on furlough or leave of absence and is entitled 
to rights and benefits not based on seniority as are generally given to 
similarly situated employees on other types leave of absence.
     An employee and his or her dependents must be allowed 
(upon request) to receive continued coverage under the employer's 
health plan while performing military service. The period of coverage 
is the lesser of 24 months from the beginning of the absence or the 
actual period of the military leave of absence. If the period of 
military service is 31 days or more, the employer may require the 
employee to pay up to 102% of the full premium for continuation 
coverage. The employee pays only the normal employee share, if any for 
military service of 30 days or less. If the health plan is discontinued 
during the period of service, it must be reinstated immediately upon 
reemployment. There are no exclusions allowed, except for conditions 
determined by VA to be service-connected.
     Regarding pensions, an employee reemployed following 
service must be given credit for the period of service for purposes of 
benefits and vesting. If a plan is contributory, the employee must be 
allowed to make up missed employee contributions, and the employer must 
match those contributions in accordance with the plan's provisions.
     Additional USERRA information can be found at http://www.esgr.org and http://www.dol.gov/vets.

Bob Hollingsworth, Executive Director, ESGR

Topic: ESGR Outreach Status Brief
    NCESGR continues to use employer outreach initiatives as a 
strategic tool to communicate and gain support from employers of Guard 
and Reserve. Through its outreach efforts, NCESGR has been able to 
identify and successfully partner with industry leaders, military 
organizations and government agencies.
    ESGR State committees have also conducted proactive outreach to 
known employers of Reserve component members through direct mail 
marketing campaigns. Recently NCESGR Executive Director Bob 
Hollingsworth presented a Civilian Employer Information (CEI) brief 
presented to the Chairman's Reserve Conference, which was well 
received. The following CEI information was discussed:

What We Know

     Roughly \1/3\ of Select Reserve civilian employers are 
employed in the public sector.
     Just over \1/2\ of Select Reserve civilian employers 
employ fewer than 100 total employees.
     Eating and drinking establishments and medical offices are 
the top two industries that employ Reserve component members.
     Large firms such as, the U.S. Postal Service, Federal 
Express, Sears Holdings Corp., Wal-Mart Stores, Inc., Lockheed Martin 
Corp., The Home Depot Inc., and Northrop Grumman Corp., employ hundreds 
of Reservists each.
     Police, truck drivers, correctional officers, technicians, 
pilots, and flight engineers, bailiffs, nurses, automotive technicians 
and retail sales persons comprise the top 10 occupations and

[[Page 60119]]

accounts for 26% of National Guardsmen and Reservists.
     Even though NCESGR has pushed to insert the term 
``employer'' into every topic, the leaders within the Pentagon are not 
receptive and do not see the importance to include the employer in 
topics as they do with ``family'' terminology.
     Job placement, discrimination, harassment, and termination 
protection are recurring concerns from year to year. This is noteworthy 
because these areas are most likely to impact recruiting and retention.

Employer Feedback

     Employers' lack of knowledge on USERRA is a barrier to 
compliance.
     Employers report that the greatest impact of mobilizations 
on their company is operational.
     Employers' biggest concerns are uncertainty over timing of 
activations and the length of activations.
Future topics of discussion:

     Does DoD consider the impact on the employers of Guardsmen 
and Reservists and the impact to civilian employment of Guardsmen and 
Reservists in the decisionmaking process?
     Does DoD recognize employers as key partners in order to 
field a viable Reserve component?
     Do employers understand the significance of the change 
from a Strategic Reserve to an Operational Reserve and how it will 
impact them?
     Do Guardsmen/Reservists understand the significance of the 
change from a Strategic Reserve to an Operational Reserve and how it 
will impact them?
     What is the threshold of pain that employers are willing 
to accept for Reserve component service?
     What is the threshold of pain that Reservists/Guardsmen 
are willing to tolerate to their civilian employment?

Tom Bush, Principal Deputy, Manpower and Personnel for the Office of 
the Secretary of Defense for Reserve Affairs

Topic: ``Transitioning to an Operational Reserve''
    More than 30 years have passed since the inception of the all 
volunteer force in 1973. Historically, Reserve component members have 
trained for mobilization and responded when called to duty to augment 
the active forces during war or large scale conflicts--this is the 
Strategic Reserve. But as forces were drawn down beginning in the mid 
to late 1980s, the Reserve components were increasingly called upon to 
support ongoing operational requirements. This began the transition to 
an Operational Reserve. Today, the Guard and Reserve are more actively 
engaged in operation than any time since the Korean War, supporting 
both the Global War on Terror and daily operations.
     As background, the Reserve structure has three major 
categories: the Ready Reserve (which is comprised of the Selected 
Reserve and Individual Ready Reserve), the Standby Reserve, and the 
Retired Reserve. The category that is the most well known is the 
Selected Reserve since this is the category that regularly performs 
military duty (48 inactive duty periods or ``drills'' each year and two 
weeks of annual training).
     During the first Gulf War and since 9/11, the Operational 
tempo of the Guard and Reserve has increased significantly. The annual 
average of .09 million duty days served in 1987 to provide operational 
support has been eclipsed 67 fold to 68.3 million duty days served in 
2005 for operational support.
     Volunteerism is a key attribute of the Operational 
Reserve.
     The long-standing rules governing the use of the Guard and 
Reserve were designed for a Strategic Reserve--prepare for mobilization 
(train) and mobilize. To support a continuum of service for an 
Operational Reserve, the paradigm must shift:

--A ``Rheostat'' approach (each transition between duty statuses) 
rather than a ``Circuit Breaker'' approach (performing only required 
training, or being mobilized).
--Flexible system that supports any level of service.
--No more ``workarounds.''
--Easy to transition from civilian to military and back.
--Common pay system that accommodates varying levels of service is 
required.
--Variable Reserve component pool optimizing assets with flexibility to 
serve from zero to 365 days.

     What's Needed To Transition to an Operational Reserve:

--Define an ``Operational Reserve.''
--Develop proper expectations.
--Develop new availability and service paradigm.
--Determine the operational role of the National Guard.

     What is the New Guard and Reserve?

--Today's new Guard and Reserve has both a strategic and operational 
role.
--How will the New Guard and Reserve Support Operational Missions?

    The new Guard and Reserve will be organized, equipped and trained 
to support operational military mission requirements to the same 
standard as the Regular component. Individuals and units will be tasked 
to prepare for and participate in missions, across the full spectrum of 
operations, in a cyclic or periodic manner that provides predictability 
for service members, their families and employers.

Comments from individual members:

     Mr. Havenstein--He had received an e-mail from his 
operations officer who recently attended an ESGR state committee 
Bosslift. The employers who were in attendance were awestruck on how 
much they learned about their employees while they performed weekend 
drills. The operations officer wanted this feedback to be told to 
NCESGR senior leadership ``that Bosslifts are truly important and 
should continue to be supported.''
     Mr. Havenstein--The ESGR state committee New Hampshire 
Chair was recently at a concert of more than 6,000 people; when the 
concert stopped for an intermission, the Chair was able to recognize 
one of his Guardsmen at the concert. All 6,000 people stood and 
applauded the service member.
     Ms. Reed--Are the local Chamber of Commerces involved or 
invited to participate in Bosslifts? Mr. Hollingsworth and Mr. Janes 
both replied that the local Chambers are notified of Bosslifts, as well 
as other ESGR state committee events.
     Mr. Musser--There is a big push to institutionalize the 
term ``employer'' within the Pentagon and as a member of the DAB, I 
offer to assist in writing a plan and letter to make this initiative 
happen.
     Mr. Havenstein--Requested the DAB receive a copy of the 
last Reserve component Chief briefings. Mr. Janes and Mr. Hollingsworth 
stated they would have a copy of the last Reserve Chief presentation 
package to the team before the end of the day. A copy of all Reserve 
Chief briefings was delivered and distributed to the DAB team prior to 
their departure.
     Mr. Janes and Mr. Hollingsworth--The Pinnacle Advance 
initiative is a phased direct marketing campaign being mailed to all 
Guardsmen and Reservists. The process requests support from the service 
member to provide employer information that promotes USERRA and 
solicits a statement of support to their employer. The U.S. Army 
Reserve (USAR) and the Army National Guard (ARNG) were the first 
recipients of this initiative by NCESGR. Leaders for both the USAR and 
ARNG are in full support of the Pinnacle Advance initiative. The next 
Reserve components scheduled to

[[Page 60120]]

receive the Pinnacle Advance initiative (pending funding availability) 
are: USMC Reserve, NAVY Reserve, Coast Guard Reserve, Air National 
Guard, and the Air Force Reserve Command.
     Mr. Havenstein, Ms. Naylor--It is important that unit 
commanders develop a partnership with employers. Relationship building 
may help with the angst of the unpredictability of some deployments. 
Perhaps this initiative should be considered for all of NCESGR 
programs, so that we can figure out how to best support it. Although 
the unit commander's primary responsibility is to ensure their units 
are combat ready, there still needs to be a directive or mandatory 
training requirement that includes employer support. We should solicit 
support and participation from employers and unit commanders to help 
move the initiative forward.

Closing Comments from Chairman Janes:

    Today's meeting did not have a quorum due to the last minute 
cancellations of three individuals. All items discussed today that had 
possible taskers will be brought up at the next meeting with a quorum 
and will then be assigned as official taskers. Additionally, the agenda 
for the next meeting will be structured to enable those absent to 
present their slide materials.
    Next meeting for the DAB is scheduled for February 2007.

    Dated: October 5, 2006.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
 [FR Doc. E6-16898 Filed 10-11-06; 8:45 am]
BILLING CODE 5001-06-P