Agency: Department of Defense (DoD)
1. Authority: The Secretary of Defense, pursuant to 10 U.S.C. §§ 175 and 10301 and in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 C.F.R. § 102-3.50(a), established the Reserve Forces Policy Board (“the Board”).
2. Mission/Function: Pursuant to 10 U.S.C. § 113(c)(2), the Board shall provide to the Secretary of Defense, for transmittal to the President and the Congress, an annual report on any reserve component matter that the Board considers appropriate to include.
The Board shall serve as an independent adviser to the Secretary of Defense to provide advice and recommendations on strategies, policies, and practices designed to improve and enhance the capabilities, efficiency, and effectiveness of the reserve components. The Board may act on those matters referred to it by the Chair and on any matters raised by a member of the Board or the Secretary of Defense.
3. Points of View: The Board, pursuant to 10 U.S.C. § 10301(c), shall consist of 20 members, appointed or designated as follows:
a. A civilian appointed by the Secretary of Defense from among persons determined by the Secretary to have the knowledge of, and experience in, policy matters relevant to national security and reserve component matters necessary to carry out the duties of Chair of the Board, who shall serve as Chair of the Board.
b. Two active or retired reserve officers or enlisted members designated by the Secretary of Defense, upon the recommendation of the Secretary of the Army:
1) One of whom shall be a member of the Army National Guard of the United States or a former member of the Army National Guard of the United States in the Retired Reserve; and,
2) One of whom shall be a member or retired member of the Army Reserve.
c. Two active or retired reserve officers or enlisted members designated by the Secretary of Defense, upon recommendation of the Secretary of the Navy:
1) One of whom shall be an active or retired officer of the Navy Reserve; and,
2) One of whom shall be an active or retired officer of the Marine Corps Reserve.
d. Two active or retired reserve officers or enlisted members designated by the Secretary of Defense, upon the recommendation of the Secretary of the Air Force:
1) One of whom shall be a member of the Air National Guard of the United States or a former member of the Air National Guard of the United States in the Retired Reserve; and,
2) One of whom shall be a member or retired member of the Air Force Reserve.
e. One active or retired reserve officer or enlisted member of the U.S. Coast Guard designated by the Secretary of Homeland Security.
f. Ten persons appointed or designated by the Secretary of Defense, each of whom shall be a United States citizen having significant knowledge of, and experience in, policy matters relevant to national security and reserve component matters and shall be one of the following:
1) An individual not employed in any Federal or State department or agency.
2) An individual employed by a Federal or State department or agency.
3) An officer of a regular component of the armed forces on active duty, or an officer of a reserve component of the armed forces in an active status, who:
a) is serving or has served in a senior position on the Joint Staff, the headquarters staff of a Combatant Command, or the headquarters staff of an armed force; and
b) has experience in joint professional military education, joint qualification, and joint operations matters.
g. A reserve officer of the Army, Navy, Air Force, or Marine Corps, who is a general or flag officer recommended by the Chair and designated by the Secretary of Defense, who shall serve without vote:
1) as military adviser to the Chair;
2) as military executive officer of the Board; and,
3) as supervisor of the operations and staff of the Board.
h. A senior enlisted member of a reserve component recommended by the Chair and designated by the Secretary of Defense, who shall serve without vote as enlisted military adviser to the Chair.
Members of the Board, appointed by the Secretary of Defense, who are not full-time or permanent part-time Federal officers or employees, shall be appointed as experts or consultants, pursuant to 5 U.S.C. § 3109, to serve as special government employee (SGE) members. Members of the Board, appointed by the Secretary of Defense, who are full-time or permanent part-time Federal officers or employees, shall serve as regular government employee (RGE) members pursuant to 41 C.F.R. § 102-3.130(a).
4. Other Balance Factors: None.
5. Candidate Identification Process: Based on statutory requirements in the Board’s authorizing statute, the Department of Defense (DoD) uses different candidate identification processes when identifying potential Board members.
The Under Secretary of Defense for Personnel and Readiness (USD(P&R)), in consultation with senior Defense leaders, identifies potential candidates to serve as the Board’s Chair. Once identified, the USD(P&R) will recommend candidates for consideration by the Secretary of Defense according to established DoD procedures.
The Secretaries of the Military Departments will each select two, for a total of six, active or retired reserve officers or enlisted members to serve on the Board. Once selected, the Secretaries of the Military Departments will forward their recommended nominees to the Board’s Designated Federal Officer (DFO) for consideration by the Secretary of Defense according to established DoD procedures.
The DFO, on behalf of the Chair, will request candidates for the Board’s Military Executive and Military Enlisted Advisor from the Military Services. Once identified, the Chair will interview each nominee and make a final recommendation to the Secretary of Defense according to established DoD procedures.
With regard to the 10 members required by 10 U.S.C. § 10301(c)(6), the DFO will identify potential candidates to serve on the Board. When identifying potential candidates, the DFO will consult senior Defense officials, members of the Board, and the Board’s professional staff. Once identified, the USD(P&R) forward the recommended nominees to the Secretary of Defense according to established DoD procedures.
The Secretary of Homeland Security will select one active or retired reserve officer or enlisted member of the U.S. Coast Guard for appointment to the Board. The selection and approval process by the Secretary of Homeland Security will be according to established Department of Homeland Security procedures, and is not subject to further approval by the Secretary of Defense.
When considering potential candidates for appointment by the Secretary of Defense, the Secretaries of the Military Departments, the USD(P&R) and the Chair will evaluate potential candidates based on the criteria in 10 U.S.C. § 10301(c) and FACA requirements predicated upon the vacancy in question, while striving to achieve a balance between the professional credentials of the individuals and the Board’s statutory experience requirements. Potential candidates will be further evaluated in accordance with DoD policies and procedures, which include compliance with the prohibition against lobbyists. Prior to nominating the potential candidates, the list of candidates will undergo a review by the by the Office of General Counsel of the Department of Defense and the Office of the Advisory Committee Management Officer to ensure compliance with Federal and DoD governance requirements, including compliance with the Board’s charter and the membership balance plan. Following this review, the USD(P&R) formally nominates potential candidates to the Secretary or Deputy Secretary of Defense for approval. Pursuant to DoD policy, only the Secretary of Defense or the Deputy Secretary of Defense can invite or approve the appointment of individuals to advisory committees established or supported by the DoD.
The Secretary of Defense or the Deputy Secretary of Defense may approve the appointment of members to the Board, to include its subcommittees, for one-to-four year terms of service, with annual renewals. However, no member, unless authorized by the Secretary of Defense or the Deputy Secretary of Defense, may serve more than two consecutive terms of service on the Board, to include its subcommittees. Consistent with Deputy Secretary of Defense policy and the authority delegated to the ACMO by the Assistant Deputy Chief Management Officer (ADCMO), the ACMO is authorize to administratively certify the annual renewal of appointment of Board members.
Following authorization to proceed with the appointment by the Secretary or Deputy Secretary of Defense, the candidates are required to complete the necessary appointment paperwork, to include meeting ethics requirements stipulated by the Office of Government Ethics for advisory committee members who are appointed as SGE members.
Members of the Board are appointed by the Secretary of Defense for a term of service of one-to-four years, with annual renewals. Members shall not serve more than two consecutive terms of service without approval from the Secretary of Defense. Member vacancies will be filled in the same manner described above.
6. Subcommittee Balance: DoD, when necessary and consistent with the Board’s mission and DoD policies and procedures, may establish subcommittees, task forces, or working groups to support the Board. The expertise required of subcommittee members will be defined by the terms of reference.
DoD has established the following four permanent subcommittees:
a. Subcommittee on Enhancing DoD’s Role in the Homeland.
b. Subcommittee on Ensuring a Ready, Capable, Available, and Sustainable Operational Reserve.
c. Subcommittee on Supporting Service Members, Families, and Employers.
The Secretary of Defense or the Deputy Secretary of Defense approves the appointment of subcommittee members in the same manner as members of the Board, for a term of service of one-to-four years, with annual renewals. Individuals considered for appointment to any subcommittee of the Board may come from the Board itself or from new nominees, as recommended by the USD(P&R) and based upon the subject matters under consideration.
Consistent with DoD policy, the Board’s Sponsor (USD(P&R)), in consultation with the ACMO, is authorized to administratively certify the appointment of subcommittee members previously approved for appointment to the Board or any other DoD advisory committee by the Secretary or Deputy Secretary of Defense. If the prospective subcommittee member is not a member of the Board or another DoD advisory committee, then the USD(P&R) will obtain approval or authority to proceed with the appointment in the same manner required of Board members. All individual subcommittee member appointments must be approved in writing according to DoD policy and procedures. Candidates are required to complete the necessary appointment paperwork, to include meeting any ethics requirements stipulated by the Office of Government Ethics for advisory committee members, before the subcommittee members may engage in any subcommittee work.
Subcommittee members, if not full-time or permanent part-time Federal officers or employees, shall be appointed as experts or consultants, pursuant to 5 U.S.C. § 3109, to serve as SGE members. Those individuals who are not full-time or permanent part-time Federal officers or employees shall serve as RGE members pursuant to 41 C.F.R. § 102-3.130(a). No subcommittee member may serve more than two consecutive terms of service without the Secretary of Defense or the Deputy Secretary of Defense approval.
Subcommittee membership vacancies will be filled in the same manner as described in the previous five paragraphs above.
7. Other: As nominees are considered for appointment to the Board, the DoD adheres to the Office of Management and Budget’s Revised Guidance on Appointment of Lobbyists to Federal Advisory Committees, Boards, and Commissions (79 FR 47482; August 13, 2014) and the rules and regulations issued by the Office of Government Ethics.
8. Date Prepared: December 10, 2014