[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Rules and Regulations]
[Pages 30188-30189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13956]



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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 254


Teacher and Teacher's Aide Placement Assistance Program (Troops 
to Teachers)

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Interim final rule: amendment.

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SUMMARY: This interim rule amendment implements ``National Defense 
Authorization Act for Fiscal Year 1995,'' by extending eligibility in 
the Department of Defense Teacher and Teacher's Aide Placement 
Assistance program to Service members that were separated or released 
from active duty during the 9 year period beginning October 1, 1990. 
Service members that were separated or released before the Department 
of Defense established the program on January 19, 1994, but on or after 
October 1, 1990, have until October 5, 1995, to apply. The effect of 
this change is to give Service members until October 5, 1995, to apply 
for the program if their date of discharge or release from active duty 
falls on or after October 1, 1990, but before January 19, 1994.
    This interim rule amendment also provides that civilian employees 
of the Department of Defense and Department of Energy must apply within 
1 year following termination of their employment.

DATES: This document is effective November 25, 1994. Forward comments 
no later than August 7, 1995.

ADDRESSES: Forward comments to Department of Defense, Office of the 
Assistant Secretary of Defense (Force Management Policy) (PSF&E) 
(DoDEA), The Pentagon, room 3E784, Washington, DC 20301-4000.

FOR FURTHER INFORMATION CONTACT: Mr. Otto Thomas (703) 696-4384.

SUPPLEMENTARY INFORMATION: Executive Order 12866, ``Regulatory Planning 
and Review'' It has been certified that this amendment to the interim 
final rule, in conformance with Executive Order 12866, does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the [[Page 30189]] economy, a sector 
of the economy, productivity, competition, jobs, the environment, 
public health or safety, or state, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive order.
    This amendment to the interim final rule is necessary to initiate 
the program so as to benefit as many personnel as may otherwise be 
eligible. This program is time-sensitive and is authorized upon 
publication in the Federal Register until October 1, 1999. Comments 
will be considered in determining whether to amend this amendment to 
the interim final rule.
    Public Law 96-354, ``Regulatory Flexibility Act'' This amendment to 
the interim rule is not subject to the Regulatory Flexibility Act (5 
U.S.C. 601) and does not have a significant impact on a substantial 
number of small businesses. The primary target for this program will be 
local educational agencies that are entitled to Chapter 1 funds 
pursuant to Title I, Elementary and Secondary Education Act of 1965 (20 
U.S.C. 2701 et seq.). The program also will provide those contract 
employees whose DoD contract has been terminated as a result of 
completion or termination of a defense contract or program in defense 
spending.
    Public Law 96-511, ``Paperwork Reduction Act'' This amendment to 
the interim rule does not impose any reporting or record keeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520).

List of Subjects in 32 CFR Part 254

    Elementary and secondary education, Military personnel.

    Accordingly, 32 CFR part 254 is amended to read as follows:

PART 254--TEACHER AND TEACHER'S AIDE PLACEMENT ASSISTANCE PROGRAM

    1. The authority citation for part 254 is revised to read as 
follows:

    Authority: 10 U.S.C. 1151, 1598, 2410C.
    2. In Sec. 254.2, paragraphs (d) introductory text, (d)(1) and 
(d)(2) are revised to read as follows.


Sec. 254.2  Definition.

* * * * *
    (d) Eligible personnel. Service members, civilian employees of the 
Department of Defense and the Department of Energy, and defense 
contractor employees who meet the specific requirements identified in 
paragraphs (d) (1) through (3) of this section. All persons selected 
shall have a baccalaureate or advanced degree (associate degree or 
higher for teacher's aide applicants) from an accredited institution of 
higher learning and, if selected, shall be willing to agree to obtain 
certification or licensure as an elementary or secondary school teacher 
or teacher's aide and to accept an offer of full-time employment as an 
elementary or secondary school teacher or teacher's aid for not fewer 
than 5 school years in a school that serves a concentration of children 
from low-income families.
    (1) Eligible service members. Members of the Armed Forces who 
during the 9-year period beginning on October 1, 1990 are discharged or 
released from active duty after 6 or more years of continuous active 
duty immediately before discharge or release, and are not discharged or 
released from service under other than honorable conditions. 
Application must be made within 1 year after discharge or release, 
except that Service members whose date of discharge or release is on or 
after October 1, 1990, but before January 19, 1994, shall apply by 
October 5, 1995. Service members who do not meet the degree 
requirements at the time of discharge shall be considered to be 
eligible upon satisfying degree requirements with 5 years after 
discharge from active duty. In such case, former Service members must 
make application within 1 year after earning the applicable degree.
    (2) Eligible Nonmilitary Government Employees. Full time civilian 
employees of the Department of Defense or the Department of Energy who 
have served at least 5 years in a civil service position and are 
terminated from Government employment as a result of reductions in 
defense spending or the closure of realignment of a military 
installation as determined by the Secretary of Defense or the Secretary 
of Energy. Application must be made after receipt of a notice of 
termination but not later than 1 year following termination.
* * * * *
    3. In Sec. 254.4, paragraphs (6) and (c) are revised to read as 
follows.


Sec. 254.4  Procedures.

* * * * *
    (b) Eligible Service members shall apply for participation in the 
program not later than 1 year after the date of discharge or release, 
except that eligible Service members whose date of discharge or release 
is on or after October 1, 1990 but before January 19, 1994, shall apply 
by October 5, 1995. Service members who are not eligible on their date 
of separation because they do not meet the degree requirements required 
to participate in the program, but who earn an applicable degree within 
5 years after separation, shall apply not later than 1 year after 
earning such a degree. Service members are also encouraged to register 
in the Public Community Service Registry their interest in pursuing 
employment as an elementary or secondary school teacher or teacher's 
aide. Information about the Registry is provided during preseparation 
counseling as part of the transition assistance program.
    (c) Eligible Department of Defense or Department of Energy civilian 
employees shall apply after they have received written notice of 
termination of employment but not later than 1 year following the date 
of such termination. DANTES shall provide program information to 
civilian personnel offices that will allow civilian personnel offices 
to make an initial determination of eligibility and refer interested 
employees to installation education centers for program information and 
to DANTES for selection purposes.
* * * * *
    Dated: May 31, 1995.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-13956 Filed 6-7-95; 8:45 am]
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