[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7355]


[[Page Unknown]]

[Federal Register: April 4, 1994]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 77

[DoD Instruction 1332.CC]

 

Program To Encourage Public and Community Service Employment

AGENCY: Department of Defense.

ACTION: Proposed rule.

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SUMMARY: Currently, separating Military Service members and their 
spouses, and Department of Defense (DoD) civilian employees, have the 
option to register for potential employment opportunities with 
employers in the private sector through the Defense Outplacement 
Referral System. This program was implemented by DoD Directive 1332.35, 
``Transition Assistance For Military Personnel,'' (32 CFR part 88).
    The proposed rule would establish guidelines for the registration 
of public and community service organizations and a listing of 
separating DoD personnel and their spouses to be maintained by the DoD. 
The purpose of the public and community service organizational registry 
is to provide an avenue for public and community service organizations 
to recruit highly skilled and experienced separating DoD personnel and 
their spouses. The proposed rule is required to implement the 
encouragement of continuing public and community service for separating 
Military Service members, as well as to implement the temporary early 
retirement authority as established in the National Defense 
Authorization Act for Fiscal Year 1993 (hereinafter, ``the Act''). This 
registry would be maintained indefinitely to encourage separating 
Service members to enter into public and community service job 
vacancies, such as in education, conservation, environmental 
protection, law enforcement, and public health care after separation 
from active duty. This action is intended to provide the necessary 
interim guidelines to determine how separating Military Service 
members, DoD civilian personnel leaving the Government, and their 
spouses register for public and community service employment, which 
organizations qualify for registration, and procedures qualifying 
organizations must take to be placed on the registry. A final rule will 
be issued after a thorough review of all comments is completed.

DATES: Comments must be received by June 3, 1994.

ADDRESSES: Comments concerning the proposed rule should be addressed 
to: Directorate of Transition Support and Services, Office of the 
Assistant Secretary of Defense (Personnel and Readiness), 4000 Defense 
Pentagon, Washington, DC 20301-4000.

FOR FURTHER INFORMATION CONTACT:
Lt. Col. David F. Witkowski (703) 695-1636.

SUPPLEMENTARY INFORMATION:

Objective

    This proposed rule addresses the issue of which public and 
community service organizations qualify for a registry required by 
section 4462, Public Law 102-484, 106 Stat. 2738 (10 U.S.C. 1143a(c)). 
The proposed rule resolves the issue by using the definition for 
``public and community service organization'' provided by the Act 
together with input from congressional staff and representatives of 
federal and nonprofit agencies. The guidelines in 26 U.S.C. 501(c)(3) 
and 501(c)(4) for nonprofit organizations are incorporated by reference 
and are limited to private nonproft organizations.

Consultation

    Section 4462, Public Law 102-484, Stat. (10 U.S.C. 1143a(e)) 
required that DoD consult closely with the Secretary of Labor, the 
Secretary of Veterans Affairs, the Secretary of Education, the Director 
of the Office of Personnel Management, appropriate representatives of 
State and local governments, and appropriate representatives of 
business and nonprofit organizations in the private sector. DoD has 
consulted with those Federal agencies. DoD obtained additional advice 
from representatives of the Departments of Justice, Health and Human 
Services, Housing and Urban Development, the Environmental Protection 
Agency, the Office of National Service, the Commission on National and 
Community Service, and the Points of Light Foundation.This invitation 
to the public to comment on this proposed rule is intended to satisfy 
the requirement of consulting with appropriate representatives of State 
and local governments, and appropriate representatives of business and 
nonprofit organizations in the private sector.
    It has been certified that this proposed rule, if issued, would not 
be a significant rule. The rule would: (a) Not have an annual effect on 
the economy of $100 million or more or adversely affect in a material 
way the economy, a section of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities;
    (b) Not create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
    (c) Not materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or,
    (d) Not raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
Executive Order 12866.
    (e) Not become subject to the Regulatory Flexibility Act (5 U.S.C. 
601) because it is not likely to have a significant economic impact on 
a substantial number of small entities. The primary effect on grantees 
administering the proposed rule will be a reduction in administrative 
costs and other burdens resulting from the simplification and 
clarification of certain policies and the elimination of policy 
differences among the federal agencies promulgating this final rule.
    (f) Impose a reporting requirement under the Paperwork Reduction 
Act of 1980 (44 U.S.C. 3501-3250). The Office of Management and Budget 
approved the reporting requirement and assigned control number 0704-
0324.

List of Subjects in 32 CFR Part 77

    Employment, Military personnel, civilian personnel.

    Accordingly, title 32, chapter I, subchapter C, is amended to add 
part 77 to read as follows:

PART 77--PROGRAM TO ENCOURAGE PUBLIC AND COMMUNITY SERVICE

Sec.
77.1  Purpose.
77.2  Applicability and scope.
77.3  Definitions.
77.4  Policy.
77.5  Responsibilities.
77.6  Procedures.
Appendix A to Part 77--DD Form 2580, Operation Transition Department 
of Defense Outplacement and Referral System/Public and Community 
Service Individual Application
Appendix B to Part 77--DD Form 2581, Operation Transition Employer 
Registration
Appendix C to Part 77--DD Form 2581-1, Public and Community Service 
Organization Validation

    Authority: 10 U.S.C. 1143(c).


Sec. 77.1  Purpose.

    This part implements section 4462, Public Law 102-484 and section 
561, Public Law 103-160 by establishing policy, assigning 
responsibilities, and prescribing procedures to: (a) Encourage and 
assist separating Service members, Service members retiring with 20 or 
more years of service, DoD civilian personnel leaving the Government, 
and spouses to enter public and community service employment.
    (b) Encourage and assist Service members requesting retirement with 
fewer than 20 years of service to register for public and community 
service employment.


Sec. 77.2  Applicability and scope.

    This part applies to: (a) The Office of the Secretary of Defense, 
the Military Departments, the Chairman of the Joint Chiefs of Staff, 
the Unified Combatant Commands, and the Defense Agencies (hereafter 
referred to collectively as ``the DoD Components''). The term 
``Military Services,'' as used herein, refers to the Army, the Navy, 
the Air Force, and the Marine Corps.
    (b) All active duty Service members and former members under 
section 4462 of Public Law 102-484 and section 561 of Public Law 103-
160, and DoD civilian personnel leaving the Government, and their 
spouses.


Sec. 77.3  Definitions.

    (a) Community service employment. Work in nonprofit organizations 
that provide or coordinate services listed in paragraphs (d) (1) 
through (12) of this section. ``Nonprofit'' is defined as having been 
recognized by the Internal Revenue Service as having a tax-exempt 
status under 26 U.S.C. 501(c)(3) or 501(c)(4). These organizations 
shall not be administered by businesses organized for profit, labor 
unions, partisan political organizations, or organizations engaged in 
religious activities, unless such activities are unrelated to religious 
instructions, worship services, or any form of proselytization.
    (b) Creditable early retirement public or community service 
employment for service members. Employment in a DoD-registered public 
and community service organization that provides the services listed in 
paragraphs (d) (1) through (12) of this section, or that coordinates 
the provision of the services listed in paragraphs (d) (1) through (12) 
of this section. Federal employment shall count toward recomputed 
military retirement pay and Survivor Benefit Plan base amount for early 
retirees: however, working in a DoD-registered Federal public service 
organization may trigger the dual-compensation restrictions of 26 
U.S.C. 5532. Employment must have occurred between that date of early 
retirement and the date in which the Service member would have attained 
20 years of credible service for computing retired pay, or he or she 
must have retired on or after October 23, 1992 and before October 1, 
1999.
    (c) Early retirement. Retirement from active duty with at least 15 
but fewer than 20 years of service, as provided by section 4403 of 
Public Law 102-484.
    (d) Public and community service organization. Government or 
private organizations that provide or coordinate the provision of the 
following services:

    (1) Elementary, secondary, or post secondary school teaching or 
administration.
    (2) Support of teachers or school administrators.
    (3) Law enforcement.
    (4) Public health care.
    (5) Social services.
    (6) Public safety.
    (7) Emergency relief.
    (8) Public housing.
    (9) Conservation.
    (10) Environment.
    (11) Job training.
    (12) Other public and community service not listed previously, 
but consistent with or related to services described in paragraphs 
(d) (1) through (11) of this section.

    (e) Public service employment. Work in a Federal, state or local 
government organization which provides or coordinates services listed 
in paragraphs (d) (1) through (12) of this section.
    (f) Separation. Normal separation from active duty or civil 
service, military retirement with 20 or more year's service, release 
from active military service, and reduction in force.
    (g) Transition assistance program counselor. A person charged with 
the responsibility of conducting transition programs. Examples include 
personnel assigned to family centers, military or civilian personnel 
offices, unit transition counselors, and as command career counselors.


Sec. 77.4  Policy.

    It is DoD policy that:
    (a) All separating Service members and former members shall be 
encouraged to enter public or community service employment.
    (b) Service members determined to be eligible by the Secretary of 
their Military Department for, and who do request retirement with fewer 
than 20 years of service, are required by section 4403 of Public Law 
102-484 to register for public and community service employment.
    (1) This registration normally shall take place not earlier than 90 
days before retirement or terminal/transition leave.
    (2) In order to have their military retired pay and Survivor 
Benefit Plan base amount (if applicable) recomputed in accordance with 
DoD Instruction 1340.19\1\ early retirees must be employed with a DoD-
registered public or community service organization that provides the 
services listed in Secs. 77.3 (d)(1) through (d)(12), or that 
coordinates the provision of services listed in Secs. 77.3 (d)(1) 
through (d)(12).
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    \1\Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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    (c) DoD civilian personnel leaving the Government, their spouses, 
and spouses of Service members who are seeking employment shall be 
encouraged to register for public and community service employment.


Sec. 77.5  Responsibilities.

    (a) The Assistant Secretary of Defense for Personnel and Readiness 
shall: (1) Monitor compliance with this rule.
    (2) Establish policy and provide guidance related to public and 
community service employment.
    (3) Provide program information to the public on the Department of 
Defense's public and community service employment program.
    (4) Ensure that the Director, Defense Manpower Data Center (DMDC): 
(i) Maintains the Public and Community Service Organizational Registry.
    (ii) Maintains the Public and Community Service Personnel Registry.
    (5) Decide the status of requests for reconsideration from 
employers resubmitting their request to be included on the Public and 
Community Service Organizational Registry, but whose first request was 
disapproved.
    (b) The Secretaries of the Military Departments shall: (1) Ensure 
compliance with this rule.
    (2) Encourage public and community service employment for 
separating Service members, their spouses, DoD civilian personnel 
leaving the Government, and their spouses.
    (3) Coordinate with the Assistant Secretary of Defense for 
Personnel and Readiness before promulgating public and community 
service employment policies and regulations.


Sec. 77.6  Procedures.

    (a) Military personnel offices shall advise Service members 
desiring to apply for early retirement that they shall register, 
normally within 90 days of their retirement date, for public and 
community service (PACS) employment, and refer them to a Transition 
Assistance Program Counselor for registration.
    (b) Personnel offices shall advise separating Service members, DoD 
civilian personnel leaving the Government, and their spouses to contact 
a Transition Assistance Program Counselor about PACS employment and 
registration.
    (c) Transition Assistance Program Counselors shall counsel 
separating Service members (during preseparation counseling established 
by DoD Instruction 1332.36\2\), DoD civilian personnel leaving the 
Government, and their spouses on PACS employment. Counselors shall 
update into the Defense Outplacement Referral System (DORS) database 
Service members requesting early retirement and other DoD personnel or 
spouses who request registration. Transition Assistance Program 
Counselors shall use DD Form 2580 (appendix A of this part) to register 
personnel for PACS employment. In addition, Counselors shall ensure 
that Service members who are requesting early retirement are advised 
that:
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    \2\See footnote 1 to Sec. 77.4(b)(2).
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    (1) Registering for PACS employment is a requirement for 
consummation of their early retirement under section 4403 of Public Law 
102-484 or section 561 of Public Law 103-160.
    (2) Early retirees must provide a copy of their confirmation DORS 
mini-resume to their servicing military personnel office for filing in 
their Service record before their final retirement processing.
    (3) Subsequent PACS employment is encouraged but not required.
    (4) Working in a DoD-approved Federal public service organization 
may subject him or her to dual compensation restrictions of 5 U.S.C. 
5532.
    (5) DoD-approved PACS employment qualifies the Service member who 
is retired under section 4403 of Public Law 102-484 or section 561 of 
Public Law 103-160 for increased retired pay effective on the first day 
of the first month beginning after the date on which the member or 
former member attains 62 years of age. The former Service member must 
have worked in DoD-approved PACS employment between the date of early 
retirement and the date in which he or she would have attained 20 years 
of creditable service for computing retired pay, and have retired on or 
after October 23, 1992 and before October 1, 1999.
    (6) It is the early retiree's responsibility to ensure that the 
DMDC is advised when the early retiree's PACS employment starts, and of 
any subsequent changes.
    (d) Military personnel offices shall ensure a copy of the 
confirmation DORS mini-resume is filed in the permanent document 
section of the Service record of Service members who retire early.
    (e) DMDC shall maintain the PACS Personnel Registry, which includes 
information on the particular job skills, qualifications, and 
experience of registered personnel.
    (f) DMDC shall maintain the PACS Organizational Registry, which 
includes information regarding each organization, including its 
location, size, types of public or community service positions in the 
organization, points of contact, procedures for applying for such 
positions, and a description of each position that is likely to be 
available.
    (g) PACS Organizations shall use DD Form 2581 (appendix B of this 
part) and DD Form 2581-1 (appendix C of this part) to request 
registration on the PACS Organizational Registry. Instructions on how 
to complete the forms and where to send them are on the forms.
    (h) DMDC shall register those organizations meeting the definition 
of a PACS organization and include them on the PACS Organizational 
Registry. For organizations that do not appear to meet the criteria, 
DMDC shall refer the request to the Transition Support and Services 
Directorate, Office of the Assistant Secretary of Defense for Personnel 
and Readiness. The Transition Support and Services Directorate may 
consult individually on an ad hoc basis with appropriate agencies to 
determine whether or not the organization meets the validation 
criteria. For organizations which are denied approval as a creditable 
early retirement organization and which request reconsideration, the 
Transition Support and Services Directorate will forward that request 
to the next higher level for a final determination. DMDC shall advise 
organizations of their status.

BILLING CODE 5000-04-M

TR04AP94.000


TR04AP94.001


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BILLING CODE 5000-04-C
    Dated: March 24, 1994.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-7355 Filed 4-1-94; 8:45 am]
BILLING CODE 5000-04-M