# Program To Encourage Public and Community Service Employment

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-7355

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** April 4, 1994

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-7355. Public record. Not legal advice.