[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR104.5]

[Page 479-480]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 104_CIVILIAN EMPLOYMENT AND REEMPLOYMENT RIGHTS OF APPLICANTS FOR, AND SERVICE MEMBERS AND FORMER SERVICE MEMBERS OF THE UNIFORMED SERVICES--Table of Contents
 
Sec.  104.5  Responsibilities.

    (a) The Assistant Secretary of Defense for Reserve Affairs, under 
the Under Secretary of Defense for Personnel and Readiness, shall:
    (1) In conjunction with the Departments of Labor (DoL) and Veterans 
Affairs, the Office of Personnel Management (OPM), and other appropriate 
Departments and activities of the executive branch, determine actions 
necessary to establish procedures and provide information concerning 
civilian employment and reemployment rights, benefits and obligations.
    (2) Establish procedures and provide guidance to the Secretaries 
concerned about civilian employment and reemployment rights, benefits 
and obligations of Service members who are covered by the provisions of 
38 U.S.C. chapter 43 and individuals who apply for uniformed service as 
provided in 38 U.S.C. chapter 43. This responsibility shall be carried 
out in coordination with DoL, OPM, and the Federal Retirement Thrift 
Investment Board.
    (3) Monitor compliance with 38 U.S.C. chapter 43 and this part.
    (4) Publish in the Federal Register, DoD policies and procedures 
established to implement 38 U.S.C. chapter 43.
    (b) The Secretaries of the Military Departments and the Commandant 
of the Coast Guard shall establish procedures to:
    (1) Ensure compliance with this part.
    (2) Inform Service members who are covered by the provisions of 38 
U.S.C. chapter 43 and individuals who apply for uniformed service of the 
provisions of 38 U.S.C. chapter 43 as implemented by this part.
    (3) Provide available documentation, upon request from a Service 
member or former Service member, that can be used to establish 
reemployment rights of the individual.
    (4) Specify, as required, and document those periods of active duty 
that are exempt from the 5-year cumulative service limitation that a 
Service member may be absent from a position of civilian employment 
while retaining reemployment rights.
    (5) Provide assistance to Service members and former Service members 
who are covered by the provisions of 38 U.S.C. chapter 43, and 
individuals who apply for uniformed service in exercising employment and 
reemployment rights.

[[Page 480]]

    (6) Provide assistance, as appropriate, to civilian employers of 
Service members who are covered by the provisions of 38 U.S.C. chapter 
43 and individuals who apply for uniformed service.
    (7) Cooperate with the DoL in discharging its responsibilities to 
assist persons with employment and reemployment rights and benefits.
    (8) Cooperate with OPM in carrying out its placement 
responsibilities under 38 U.S.C. chapter 43.