[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19438]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 77
[DoD Instruction 1332.37]
RIN 0790-AF70
Program to Encourage Public and Community Service Employment
AGENCY: Department of Defense (DOD).
ACTION: Final rule.
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SUMMARY: The Department of Defense (DoD) is adopting as a final rule,
without change, the provisions of a proposed rule establishing
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 Department of Defense. 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 final rule encourages 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 will 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 provides the
necessary 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.
EFFECTIVE DATE: This rule is effective June 29, 1994.
FOR FURTHER INFORMATION CONTACT:
Lt. Col. David F. Witkowski, (703) 695-1636.
SUPPLEMENTARY INFORMATION: This final rule is being issued after
publication of a proposed rule on April 4, 1994 (59 FR 15673) in 32 CFR
Part 77. There were no public comments to the proposed rule.
This rule is established in order to describe the organizational
responsibilities within DoD for the program to encourage public and
community service employment and to state the general policy of DoD
with respect to this program. It has been certified that this rule
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 Pub. L. 102-484, Section 4462 and Pub. L. 103-
160, Section 561 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 Pub.
L. 102-484, Section 4462 and Pub. L. 103-160, Section 561, 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 (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 5 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 Pub. L. 102-484,
Section 4403.
(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 activity 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 Pub. L. 102-484, Section 4403
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 sections 77.3(d)(1) through (d)(12), or that
coordinates the provision of services listed in section 77.3(d)(1)
through (d)(12).
\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 Under 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 Under Secretary of Defense for Personnel
and Readiness before promulgating public and community service
employment policies and regulations.
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 to this part) to register
personnel for PACS employment. In addition, Counselors shall ensure
that Service members who are requesting early retirement are advised
that:
\2\See footnote 1 to section 77.4(b)(2).
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(1) Registering for PACS employment is a requirement for
consummation of their early retirement under Pub. L. 102-484, Section
4403 or Pub. L. 103-160, Section 561.
(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 Pub. L. 102-484, Section 4403 or Pub. L. 103-160,
Section 561 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 to this
part) and DD Form 2581-1 (Appendix C to 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-P
Appendix A to Part 77-DD Form 2580, Operation Transition Department
of Defense
Outplacement and Referral System/Public and Community Service
Individual Application
TR10AU94.039
TR10AU94.040
TR10AU94.041
Appendix B to Part 77-DD Form 2581, Operation Transition Employer
Registration
TR10AU94.042
TR10AU94.043
Appendix C to Part 77-DD Form 2581-11, Public and Community Service
Organization Validation
TR10AU94.044
TR10AU94.045
BILLING CODE 5000-04-C
Dated: August 3, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-19438 Filed 8-9-94; 8:45 am]
BILLING CODE 5000-04-P
