Program To Encourage Public and Community Service Employment

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

TR04AP94.002

TR04AP94.003

TR04AP94.004

TR04AP94.005

TR04AP94.006

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