National Defense Executive Reserve Guidance

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

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TP28NO94.002

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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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