Quick Reference to Regulatory and Statutory Requirements
Special Federal Hiring Authorities for Veterans
Avue Technologies believes wholeheartedly that veterans deserve more attention and assistance in navigating through what can seem like an incomprehensible process in their quest to work for a Federal agency. They need employment assistance. The fact that our country is at war and regularly calls to active duty thousands of reservists, consistently adds more individuals with veterans preference to the already large pool of veterans in need of employment.
What do Veterans Want and Need from Federal Agencies
Put simply, veterans want help! They want straightforward, accurate, and understandable information about available positions and what it takes to qualify for them. They want to be able to complete and provide all requested information and forms so that they can be considered for jobs. When they run into difficulty understanding the process, they want to be able to readily identify who within an agency can answer their questions and provide them with guidance and direction to ensure they receive appropriate consideration for positions.
We encourage you to designate at least one person in your human resources office as the expert on veterans' employment. This person would be able to speak authoritatively and knowledgeably about special hiring authorities for veterans, disabled veterans, and for the spouses, widows, and mothers of disabled or deceased veterans. The Veterans Program Coordinator can design special outreach initiatives, and report on their effectiveness. Even more importantly, they can take the lead in educating your agency's managers and HR staff on veterans' preference. Should a veteran contact a manager, or the human resources office, they should be able to immediately determine to whom the veteran can be directed for assistance.
Some agencies are more successful than others in reaching out to veterans and veteran organizations, and by adding a Veterans Program Coordinator you add focus to the employment needs of veterans. Such a program is a very positive effort that can pay off exponentially for your agency with respect to the quality of individuals you attract to your agency; building good will among veterans and veteran's organizations; and public perception.
Disabled Veterans Affirmative Action Program (DVAAP)
Most departments and agencies in the Federal government are required to have an affirmative action program for the recruitment, employment, and advancement of disabled veterans. The law requires agencies to develop annual Disabled Veterans Affirmative Action Program (DVAAP) Plans. Even if the law doesn't apply to your agency, it is still a good idea to establish such a program. Today's veterans are positive, competent and capable of meeting the needs of the current and future civilian labor force. The fact that they suffered a disability as a result of their service to our country should move us all to undertake outreach efforts to ensure they know of available employment opportunities.
Agency Assistance
We are all aware that a person's initial application makes a lasting impression on the selecting official; and it tells them a lot about the person's character, desire, capabilities, and motivation. Many veterans lack skills in preparing résumés and in using on-line application processes, which could put them at a disadvantage when competing for positions.
Avue Digital Services® (ADS), ™ has an extensive, live help service available along with assistance by e-mail to anyone using ADS to apply for positions. Other products do not, so if your agency uses another system, it is important that you have someone available to respond to veterans' calls when they are completing the application process. Services are available through veterans' organizations, such as the American Legion, and the Department of Labor Veterans Employment and Training Service (VETS); however, their assistance is often generic.
An initiative we recommend is that Federal agencies conduct a monthly or quarterly session devoted to veterans outreach. During this session, veterans are invited to the agency where a knowledgeable person explains to them the most commonly used recruitment methods, the most commonly requested documents, and how their application process works. Alternatively, these sessions can be conducted at local veterans' service centers or Legion posts. Nothing is more frustrating to an applicant to apply for a position, after which nothing seemingly is going on. You can do yourselves and veterans a good service by becoming more accessible and open in dialoging about the application process. We often use terms like general experience and specialized experience, but because we are long time Federal employees, we tend to think that everyone understands what these terms mean. This, too, can be part of the education process.
Special Complaint Procedures for Veterans
Agencies should be aware that veterans who believe that their veterans' preference was not credited appropriately can file a complaint with the Department of Labor's Veterans Employment and Training Service (VETS).
The Department of Labor Office of the Assistant Secretary for Policy and Veterans' Employment and Training Service developed an "expert system" to help veterans receive the preferences to which they are entitled. Two versions of this system are available, both of which help veterans determine their preference entitlements, the benefits associated with the preference and how to file a complaint if they believe an agency has failed to provide them with these benefits. The website for the veterans' preference program can be found here.
In April 2004, Kay Coles James, then the Director, Office of Personnel Management, gave a speech at Walter Reed Army Medical Center, in which she emphasized the President's strong commitment to veteran's preference in Federal hiring. She further stated that she was "aggressively enforcing the prohibited personnel practice of bypassing qualified veterans for job opportunities."
The Director of OPM has the authority and responsibility to audit agency hiring activity to ensure that veterans' preference standards are met.
During this same talk at Walter Reed, two cases were cited that can serve as examples of what could happen when veterans' rights are not honored:
- An audit of one Federal agency's hiring activity revealed that errors resulted in five veterans not being hired for positions for which they were qualified. OPM instructed the agency to develop a corrective action plan and to make employment offers to those five veterans, or give them priority consideration for future appropriate positions.
- At another agency, a political appointee of a previous administration was given a job ahead of two eminently-more-qualified veterans - one disabled veteran with a 10-point preference and another with a 5-point preference. Again, OPM directed the agency to immediately locate the passed-over candidates and give those veterans priority consideration.
- You should become very familiar with veterans' preference entitlements and benefits to avoid inadvertently being placed in a position such as that experienced by these two agencies.
QUICK REFERENCE TO REGULATORY AND STATUTORY REQUIREMENTS PERTAINING TO VETERAN HIRING AND EMPLOYMENT
| Citation | Description | 5 U.S.C. 2108 and 3309 as modified by a length of service requirement in 38 U.S.C. 5303A(d) | Describes preference categories and points |
|---|---|
| 5 U.S.C. 2108 and 3309; 38 U.S.C. 5303A | Discusses agencies' responsibility for adjudicating all preference claims |
| 5 U.S.C. 3309, 3313 and 5 CFR 332.401, 337.101 | Describes the process agencies should follow in crediting the work experience of preference eligibles |
| 5 U.S.C. 3311, 5 CFR 337.101 | Discusses the circumstances under which an agency must waive physical requirements |
| 5 U.S.C. 3312, 5 CFR 339.204 | Describes preference eligibles and how they are placed on lists |
| 5 U.S.C. 3309, 3313, and 5 CFR 332.401 and 337.101 | Discusses the "Rule of Three, veteran passovers, and required procedures for disqualification of preference eligibles |
| 5 U.S.C. 3317, 3318, and 5 CFR 332.402, 332.404, 332.405, 332.406, and Parts 339 and 731 | Describes the special provisions that apply to disabled veterans with a compensable service-connected disability of 30 percent or more |
| 5 U.S.C. 3110(e) and 5 CFR Part 310, Subpart A | Provides guidance on the agency's responsibilities for accepting late filing of applications by veterans and the circumstances that allow the veteran to file |
| 5 U.S.C. 3305, 3314, 3315, and 5 CFR 332.311, 332.312, 332.321, 332.322 | Discusses the use of "outside the register" ranking process for temporary appointments not to exceed 1 year |
| 5 CFR Part 316, Subpart D; 330.102; and Part 333 | Defines the requirement for veteran's preference in Excepted Service employment |
| 5 U.S.C. 3320 and 5 CFR Part 302 | Identifies the Office of Personnel Management as the responsible agent for prescribing and enforcing regulations for administration of veterans' preference in the competitive service in executive agencies, and for prescribing regulations for the administration of veterans' preference in the excepted service in executive agencies |
| 5 U.S.C. 1302 | Provides guidance on how veteran's preference works in a reduction in force (RIF) |
| 5 U.S.C. 3315; 5 CFR Part 330, Subpart B, and Part 302 | Identifies jobs restricted to preference eligibles (guards, elevator operators, messengers, and custodians) |
| 5 U.S.C. 3316 and 5 CFR Part 315, Subpart D | Describes the 180-day restriction on the employment of retired military personnel in the Department of Defense (DOD) |
| 38 U.S.C. 4214 and 5 CFR Part 720, Subpart C | Discusses service credit for leave accrual and retirement |
| 38 U.S.C. 4214; Pub L. 107-288; 5 CFR Part 307 and 5 CFR 752.401(c)(3) | Describes the special appointing authority for 30 percent or more disabled veterans |
| 5 U.S.C. 3112; 5 CFR 316.302, 316.402, and 315.707 | Discusses the criteria for veterans receiving training or actual work experience at Federal agencies while participating in a VA vocational rehabilitation program |
| Public Law 10-288, amending 38 U.S.C. 4214 | Describes the Jobs for Veterans Act, and the changes in the eligibility criteria for obtaining a Veterans Recruitment Appointment (VRA) |
| 38 U.S.C. chapter 31; 5 CFR 3.1 and 315.604 | Describes the Veterans Employment Opportunities Act of 1998 and VEOA appointment criteria |
| 5 U.S.C. 3304, 3330; 5 CFR 213.3202(n) and 335.106 | Discusses in detail the entitlement of any Federal employee who performs duty with a uniformed service to be restored to a position the person would have attained had the employee not entered the uniformed service |
| 38 U.S.C. chapter 43; 5 CFR Part 353 | Describes agencies' responsibility to inform employees who enter the service about their entitlements, obligations, benefits, service credit, restoration rights, and appeal rights, and provides instructions on what agencies can do when there is a conflict between the reserve duty and legitimate agency needs |
| 5 U.S.C. 6323; Comptroller General opinions: B-227222 (11/05/78), B-211249 (09/20/83), and B-241272 (02/15/91) | Provide information on how life and health insurance are treated for employees who take leave without pay to enter uniformed service |
| 5 CFR Parts 860.501 and 890.303, 304, 305, 502 | Provides the basis for persons who performed uniformed service to make up missed thrift savings plan contributions |
| 5 CFR Part 1620 | Describes preference eligibles appeal rights under adverse action |
| 5 U.S.C. 2108(4) chapters 43 and 75; 5 CFR Parts 432 and 752 | Describes appeal rights under a RIF |
| 5 CFR 351.901 | Discusses how those who think an agency has not complied with the law or OPM regulations regarding restoration rights of those who served in the uniformed services can file a complaint |
| 38 U.S.C. 2108, chapter 43 | Provides information relative to preference eligibles' right to complain to the Department of Labor's Veteran's Employment and Training Services (VETS) when they believe an agency has violated their rights under any statute or regulation relating to veterans' preference. It also describes the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which prohibits discrimination in employment, retention, promotion, or any benefit of employment based on a person's service in the uniformed services |
SPECIAL FEDERAL HIRING AUTHORITIES FOR VETERANS
It is important to note that use of these special authorities is entirely at an agency's discretion. All agencies are encouraged to use maximum flexibility to search for ways to bring qualified veterans on board. Listed below are several hiring and appointing authorities that can be used for this purpose.
Veteran's Recruitment Authority (VRA) - VRA is a special authority created so that eligible veterans can be appointed to positions in the Federal government without competition. Veterans can be appointed to any grade level in the General Schedule through GS-11 or equivalent. The promotion potential of the position is not a factor. VRA appointees are hired as excepted appointments. There is no limitation to the number of VRA appointments an individual may receive, provided they are eligible. You must be qualified for the position to be filled.
Eligibility Requirements
- All Disabled veterans; or
- Veterans who served on active duty in the Armed Forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
- Veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces Service Medal was awarded; or
- Recently separated veterans (within the last 3 years).
*In addition to meeting the criteria above, eligible veterans must have been separated under honorable conditions (i.e., the individual must have received either an honorable or general discharge).*
Veteran's Employment Opportunity Act of 1998 (VEOA) - The VEOA allows eligible veterans to apply and compete for Federal employment under merit promotion procedures. An agency may determine they will recruit outside its own workforce. "Agency" means the parent agency. For example, Treasury, not the Internal Revenue Service and the Department of Defense, not the Department of the Army). So when the Department of the Army decides to recruit outside the defense community, someone who is a VEOA eligible can apply for consideration. A VEOA eligible veteran who is selected will be given a career or career-conditional appointment (permanent). Veterans' preference is not a consideration when selections are made for these appointments.
Eligibility Requirements
- Be a preference eligible OR veteran separated after 3 or more years of continuous active service performed under honorable conditions. Veterans who were released shortly before completing a 3-year tour are considered to be eligible.
30 Percent or More Disabled Veterans - Veterans retired from active military service with a 30 percent or more disability or who receive a service connected disability rating of 30 percent or more from the Department of Veterans Affairs, may be appointed noncompetitively to a temporary appointment of more than 60 days or to a term appointment. There is no grade level limitation for this authority. Applicants must meet all qualification requirements for the position to be filled including any written test requirement. The agency may convert the employee, without a break in service, to a career or career-conditional appointment at any time during the employee's temporary or term appointment.
Other Special Appointing Authorities
The Federal Government's hiring options include excepted service special appointing authorities for people with disabilities. Although not developed exclusively for disabled veterans, disabled veterans are eligible to apply if they meet the criteria. Federal employers are authorized to use these authorities when considering certain people with disabilities (those who have severe physical, cognitive, or psychiatric disabilities or who have a history of or who are regarded as having such disabilities). The authorities provide a unique opportunity to demonstrate the potential to successfully perform the essential duties of a position with or without reasonable accommodation in the workplace. Agencies have direct hire authority for the Schedule A appointments presented here.
- Schedule A, 5 CFR 213.3102(t) for Hiring People with Mental Retardation. This authority is used to appoint persons with cognitive disabilities (mental retardation) who meet the eligibility requirements. Upon completion of 2 years of satisfactory performance the employee may qualify for conversion to the competitive service.
- Schedule A, 5 CFR 213.3102(u) for Hiring People With Severe Physical Disabilities. This authority is used to appoint persons with severe physical disabilities who: (1) under a temporary appointment have demonstrated their ability to perform duties satisfactorily; or (2) have been certified by a counselor from a State vocational rehabilitation agency (SVRA) or the Department of Veterans Affair's Vocational Rehabilitation Office as likely to succeed in performance of duties. Upon completion of two years of satisfactory service under this authority, the employee may qualify for conversion to the competitive service.
- Schedule B, 5 CFR 213.3202(k) for Hiring People Who Have Recovered from Mental Illness. This authority permits appointments at Grades GS-15 and below when filled by individuals who: (1) are placed at a severe disadvantage in obtaining employment because of a psychiatric disability evidenced by hospitalization or outpatient treatment and have had a significant period of substantially disrupted employment because of the disability; and (2) are certified to a specific position by a State vocational rehabilitation counselor or a Department of Veterans Affairs counseling psychologist (or psychiatrist) who indicates that they meet the severe disadvantage criteria stated above, that they are capable of functioning in the position to which they will be appointed, and that any residual disability is not job related. Employment under this authority may not exceed two years following each significant period of mental illness.
In addition, once an agency hires someone with a disability, they can use the following hiring authority to provide assistance should the disability warrant it:
- Schedule A, 5 CFR 213.3102(ll) for Hiring Readers, Interpreters, and Other Personal Assistants. This authority permits appointments of readers, interpreters, and personal assistants for employees with severe disabilities when filled on a full-time, part-time, or intermittent basis. Upon completion of at least one year of satisfactory service under this authority, the employee may qualify for conversion to the competitive service.
Filing Applications After the Announcement Closes
A 10-point preference eligible can file an application at any time for any position for which:
- A permanent appointment has been made in the preceding 3 years;
- A list of individuals eligible to be selected to the position currently exists that is closed to new applications; or
- A list is about to be established.
These veterans are directed to contact agencies directly for further information on announced positions, so we encourage you to designate someone within your agency who will be able to respond to these inquiries with confidence, assurance, and most importantly, with accurate information on application procedures.
Student Educational Employment Program
This program provides employment opportunities to students who are pursuing education on at least a half time basis. The school attended must be an accredited high school, technical school, vocational school, 2 or 4 year college or university, graduate or professional school. Many veterans, particularly those who are disabled, decide to return to school to gain training or education that will enhance their ability to pursue a successful career. There are no age restrictions on this program, with the exception that one must be at least 16 years old to participate. This program is divided into two components:
- Student Temporary Employment Program, commonly referred to as STEP. Students in this program do not have to perform work related to their course of study or career goals. This is strictly a temporary appointment; however, students can generally remain employed as long as they continue to be enrolled in school on at least a half time basis. This program is also used to fill summer only positions. These positions carry no benefits, although participants do earn leave.
- Student Career Experience Program, commonly known as SCEP. Students in this program are given work that is directly related to their course of study in school and their career goals. This is a more formalized program where there is an arrangement between the student, their school, and the agency. Once students in the SCEP complete their course of study and meet certain work experience requirements, they can be converted to a permanent position. Students in the SCEP program are eligible for all benefits, including health and life insurance.
The Student Educational Employment Program benefits agencies and students alike. Agencies often use this program because it provides them an opportunity to bring on board motivated well educated students and expose them to the benefits of Federal employment. For students, this provides them with an income while they're pursuing their education, and for SCEP participants, provides them the opportunity to perform work closely related to course of study.
We encourage agencies to form relationships with schools in their area to facilitate identifying motivated and qualified students, and to which your agencies' student opportunities can be distributed. We also encourage you to identify a student program coordinator so that veterans and others seeking information from your agency can be directed to a knowledgeable staff member. The Office of Personnel Management website has a wealth of information on student programs.
