be so ordered with their units." Members of those units may be reassigned after being ordered to active duty (other than for training) to meet requirements of the Military Service concerned.

(h) Extension of service. (1) Title 10 U.S. Code sections 511(a) and 511(c) provide for extending the terms of reserve enlistments or the terms of service in Reserve Components in time of war or national emergency declared by Congress for a maximum of 6 months after the end of the war or emergency unless terminated sooner by the Secretary concerned.

(2) Section 671a of title 10 U.S. Code provides that the period of active service of a Service member is extended for the duration of any war in which the United States is engaged and for 6 months thereafter.

(3) Section 671b of title 10 U.S. Code allows the President to authorize the Secretary of Defense to extend maximally for 6 months the enlistments, appointments, and periods of active duty, periods of active duty for training, periods of obligated service or other Military Service when Congress is not is session, with a provision for Congressional review when reconvening.

(4) Section 673c of title 10 U.S. Code empowers the President to suspend any law on promoting, retiring, or separating any member of the Armed Force, whom the President finds to be essential to U.S. security.

$76.7 Responsibilities.

(a) The Under Secretary of Defense (Policy) (USD(P)) shall provide overall mobilization policy and planning guidance for DoD programs with other DoD Directives.

(b) The Assistant Secretary of Defense (Reserve Affairs) (ASD(RA)) shall provide policy, programs, and guidance for the management and mobilization of the Ready Reserve, in accordance with 32 CFR part 379.

(c) The Assistant Secretary of Defense (Force Management and Personnel (ASD(FM&P)) shall provide policy and planning guidance for military and civilian defense manpower, in accordance with the DoD Master Mobilization Plan.

(d) The Assistant Secretary of Defense (Health Affairs) (ASD(HA)) shall provide policy, programs, and guidance for the management and mobilization of reserve health personnel and medical assets, in coordination with ASD(RA).

(e) The Assistant Secretary of Defense i (Acquisition and Logistics) (ASD(A&L)) { shall provide policy, programs, and guidance for the management of Reserve Component logistical resources, installations, and associated functions, in accordance with DoD Directive 5128.1.1

(f) The Assistant Secretary of Defense (Public Affairs) (ASD(PA)) shall ensure a free flow of news and information to the media, other appropriate forums, and the American people, limited only by U.S. security constraints and statutory mandates.

(g) The Assistant Secretary of Defense (Legislative Affairs) (ASD(LA)) shall provide specific information on mobilization activities to the jurisdictional Congressional Committee members and

staff.

(h) The Joint Chiefs of Staff shall: (1) Ensure that the Joint Deployment Agency (JDA), Military Transportation Management Command, and other Agencies responsible for ensuring that logistics, transportation, and other requirements for Ready Reserve mobilization may be met promptly.

(2) Ensure that JCS-sponsored mobilization exercises include realistic scenarios that facilitate Military Service testing and assessing of management and mobilization of the Ready Reserve. (i) The Secretaries of Military Departments shall:

(1) Prepare mobilization plans in accordance with this part and with supplementary guidance issued by OJCS.

(2) Ensure that mobilization plans and procedures provide for all exigencies so that Ready Reserve units and members execute their responsibilities effectively and the active DoD Components support and effectively assimilate mobilized reserve units and individuals.

(3) Conduct comprehensive assessments for ensuring that a balanced capability exists to mobilize reserve

1 See 376.5(c)(1).

forces. The following areas should be in this assessment:

(i) Intra-CONUS transportation requirements.

(ii) Training base equipment, manpower, and facilities requirements.

(iii) Units training, equipping, and manning requirements.

(iv) Deficiencies in any of these areas should be identified and both short term and long term solutions devel=oped.

3

(4) Conduct periodic mobilization and readiness tests of Selected Reserve units.

(5) Order IRR members to active duty 1 at least 1 day each year for annual screening.

(6) Order IRR members to active -duty, as necessary, for refresher skill proficiency training.

(j) The Commandant of the Coast Guard, with respect to the Coast Guard when it is not operating as a Service in the Navy, shall fulfill the same responsibilities with which the Secretaries of the Military Departments are charged in this part, but within the policy and fiscal parameters also established by the Secretary of Transportation.

tion 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.

§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. 102484, Section 4462 and Pub. L. 103-160, Section 561, and DoD civilian personnel leaving the Government, and their spouses.

877.3 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.

877.4 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 1340.191 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).

(c) DoD civilian personnel leaving the Government, their spouses, and i spouses of Service members who are seeking employment shall be encouraged to register for public and community service employment.

$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):

1 Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(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 1332.362), 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

2 See footnote 1 to section 77.4(b)(2).

Service members who are requesting early retirement are advised that:

(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.