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Department of Justice Seal

U.S. Department of Justice



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   Washington, D.C. 20530

October 25, 2001

MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS

FROM:        Janis A. Sposato
             Acting Assistant Attorney General
               for Administration

SUBJECT:     Procedure for Requesting Mobilization Exemptions/Delays

By memorandum dated October 3, 2001, the Attorney General expressed his support for the President's mobilization of the Reserve and National Guard. He stated, "I fully support the President's action (i.e., Executive Order 13223, which authorized the mobilization) and call on each of you to show your support for it as well. I expect you to make these employees available for active duty, unless their absence would jeopardize national security."

The Attorney General designated my office to hear component requests for exemptions to the mobilization. By Department of Defense (DOD) policy, there are no exemptions or delays authorized when partial mobilization is called. However, DOD recognizes that this is a unique situation and wants to adjudicate exceptional cases in the best interests of the nation and national security.

In rare cases where the employee's mobilization would clearly have an adverse impact on national security, Heads of Department Components may submit exemption requests. However, staff shortages will not be considered as a basis for exemption. As the Attorney General noted in his memorandum, staff shortages will occur and we will have to pull together to make up for employee absences. Everyone is expected to make sacrifices in order to get the job done.

Where a component request for exemption is determined to be in the best interests of our nation and national security, I will transmit the request to the appropriate office of the Secretary of Defense. Requests that I deny will not be forwarded for consideration. I will respond to your request by memorandum.

To ensure that I have sufficient information to make a request for exemption, requests should include the following:

Questions concerning this process may be referred to Joanne W. Simms, Director, Personnel Staff, on 202-514-6788.

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