Statement of Determination

STATEMENT OF DETERMINATION

1. In accordance with 5 CFR 1320.13, the senior official or designee, of the Department of Defense has determined that this collection of information is needed prior to the expiration of the time periods under 5 CFR 1320, and it is essential to the mission of the agency. The agency cannot reasonably comply with the normal clearance procedures under Part 1320 since such compliance would delay compliance with the statutory requirements.

2. The Office of the Under Secretary of Defense for Personnel and Readiness (OUSD(P&R) is submitting the subject requirement for emergency review and approval. This emergency submission is necessary and appropriate to ensure that OUSD(P&R) avoids delays in accomplishing the requirements outlined in Section 310 of Public Law 111-32 that authorizes and appropriates Retroactive Stop Loss Special Pay. The Secretaries concerned shall employ the Retroactive Stop Loss Special Pay authority and appropriated funding to compensate Service members, including members of the Reserve components, former and retired members under the jurisdiction of the Secretary who, at any time during the period beginning on September 11, 2001, and ending on September 30, 2009, served on active duty while the Service members' enlistment or period of obligated service was extended, or whose eligibility for retirement was suspended pursuant to any provision of law authorizing the President to extend any period of obligated service, or suspend eligibility for retirement, of a Service member in time of war or of national emergency declared by Congress or the President (commonly referred to as a “stop-loss authority”). If this data collection is not approved under an emergency process, DoD will not be able to accomplish the requirements outlined in Section 310 of Public Law 111-32. OUSD(P&R) has coordinated this submission with the DoD Clearance Officer, Ms. Patricia Toppings.

3. The information that is requested is the minimum necessary to comply with the provisions of Section 310 of Public Law 111-32. A Federal Register notice will be published in the Federal Register prior to the submission of a subsequent information collection package to OMB under regular processing timeframes.