Comment on DOD_FRDOC_0001-DRAFT-0018

The interim final rules define “BRAC 2005 Members and Civilian Employees” as those whose “position is eliminated or transferred because of the realignment or closure.” However, the previously existing HAP law contained a provision that “otherwise eligible employees or personnel who are (1) employed or assigned either at or near the base or installation affected by the closure action, and (2) are required to relocate, due to transfer, reassignment or involuntary termination of employment, for reasons other than the closure action” would also be eligible for benefits for coverage described in the HAP law; reference Section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966, 42 U.S.C 3374, subsection (m). Public law 111-5 modified the previously existing HAP law but left this subsection intact. Therefore it follows that the definition of “BRAC 2005 Members and Civilian Employees” should be expanded to describe those members and employees who were assigned to a BRAC 2005 installation on the BRAC 2005 announcement date and were required to transfer for reasons other than the closure action (e.g. for civilian PCS). Updated final rules should provide this clarification.