[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Proposed Rules]
[Pages 64503-64504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24779]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / 
Proposed Rules  

[[Page 64503]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 307

RIN 3206-AJ90


Veterans Readjustment Appointments

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) proposes to revise 
its regulations regarding Veterans Readjustment Appointments to 
implement the provisions of the Jobs for Veterans Act, signed into law 
on November 7, 2002. We are also using this opportunity to propose a 
plain language rewrite of these regulations as part of a broader review 
of OPM's regulations, the purpose of which is to make the regulations 
more readable.

DATES: We will consider comments received on or before January 4, 2005.

ADDRESSES: Send or deliver written comments to Mark Doboga, Deputy 
Associate Director for Talent and Capacity Policy, U.S. Office of 
Personnel Management, Room 6551, 1900 E Street, NW., Washington, DC 
20415-9700; e-mail [email protected]; fax: (202) 606-2329.

FOR FURTHER INFORMATION CONTACT: Ms. Pam Galemore, by telephone at 
(202) 606-0830; by TTY at (202) 606-3134; by fax at (202) 606-0390; or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Jobs for Veterans Act (Public Law 107-
288), among other things, amends 38 U.S.C. 4214 to make a major change 
in the eligibility criteria for obtaining what previously was called a 
Veterans Readjustment Appointment and will now be called a Veterans 
Recruitment Appointment (VRA). Under the revised law, the following 
veterans are eligible for a noncompetitive VRA:
     Disabled veterans;
     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;
     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; and
     Recently separated veterans.
    The law removes the requirement that an eligible veteran must be 
appointed within 10 years of his or her last separation from active 
duty. In addition, in accordance with the Act's definition of 
``recently separated,'' a veteran is now considered to be ``recently 
separated'' during the 3-year period beginning on the date of such 
veteran's discharge or release from active duty. The law also removes 
the requirement that an eligible veteran's last discharge must have 
been from active duty lasting 90 days or more. As noted above, the Act 
also changes the name of such appointments from Veterans Readjustment 
Appointments to Veterans Recruitment Appointments.
    The Jobs for Veterans Act makes no mention of the character of 
service needed to obtain a VRA. OPM, however, has the authority to 
regulate the conditions under which a VRA may be issued. Exercising 
this authority, OPM proposes to establish as an eligibility requirement 
that a veteran's release or separation from active duty must be under 
honorable conditions. Such a requirement is consistent with the spirit 
and principle of veterans' preference, which also requires that 
military service be under honorable conditions.
    We are also proposing to re-establish in regulation that a 
veteran's military service is considered qualifying for a VRA at the 
GS-3 level or equivalent, regardless of the position held by the 
veteran in the military. In 1971, pursuant to Executive Order 11521, 
OPM promulgated regulations specifying that a veteran's military 
experience, whatever its nature, could meet the qualification standards 
for positions at the GS-3 level. In light of the sacrifices that each 
and every veteran makes for our country, as well as the experience 
gained by individuals who serve in the military, this policy was 
designed to ensure that any veteran would be eligible for appointment 
to a GS-3 position. Over the years, Executive Order 11521 was amended 
several times. To eliminate the need for revising our regulations each 
time an amendment to the executive order was made, we began to publish 
updated policy and guidance in the Federal Personnel Manual (FPM). 
Because the FPM has since been abolished, however, we have decided to 
re-establish this long-standing policy in regulation.
    The following aspects of the VRA authority remain the same: the 
maximum grade level at which such appointments may be made remains GS-
11 or equivalent; veterans must be ``qualified''--i.e., able to perform 
the essential functions of the position (with or without reasonable 
accommodation, for a person with a disability); veterans who have 
completed less than 15 years of education must still receive training 
or education; and veterans who satisfactorily complete 2 years of 
employment under a VRA must have their appointments converted to career 
conditional.
    The eligibility criteria established by law for obtaining Veterans 
Recruitment Appointments are effective as of the date the law was 
signed.
    To enhance readability, the proposed regulations revise the 
existing sections of part 307 as follows:

Purpose

    OPM has added a ``purpose'' section to explain the purpose of these 
regulations.

Definitions

    Although many of the terms defined in this section are defined in 
title 38, United States Code, OPM has included the definitions in this 
section for the convenience of the reader.
    In addition, OPM is adding a definition of the term ``substantially 
continuous service'' because OPM uses this term to describe the 
circumstances under which agencies must convert individuals serving 
under VRAs to competitive appointments. Until now, OPM has not defined 
that term with respect to this part.

Coverage and General Responsibilities

    OPM is incorporating the pertinent provisions into a revised 
section 307.103, entitled ``Nature of VRAs.'' This section explains 
what VRAs are, how they are to be used, and what limitations apply to 
these appointments.

Appointing Authority

    OPM is incorporating the pertinent provisions into a revised 
section

[[Page 64504]]

307.104, entitled ``Treatment of Individuals Serving Under VRAs.'' This 
new section explains the relationship between those serving under VRAs 
and the competitive service, as well as the conditions under which 
these individuals may be promoted or moved to other positions. This 
section also provides that an individual who receives a VRA and has 
less than 15 years of education must receive training or education 
prescribed by the agency.

Appeal Rights

    OPM has not made any substantive revisions to this part. To enhance 
the readability of the regulations, however, OPM has amended this 
section to refer readers to the appropriate sections of this chapter 
pertaining to appeal rights.
    OPM believes that this revised organization of the regulations 
makes the information clearer and more understandable. OPM will 
consider comments on these aspects of this proposal, as indicated 
above.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it would apply 
only to Federal agencies and employees.

List of Subjects in 5 CFR Part 307

    Government employees, Veterans.

Kay Coles James,
Director, Office of Personnel Management.
    Accordingly, OPM proposes to revise 5 CFR part 307 as follows:

PART 307--VETERANS RECRUITMENT APPOINTMENTS

Sec.
307.101 Purpose.
307.102 Definitions.
307.103 Nature of VRAs.
307.104 Treatment of individuals serving under VRAs.
307.105 Appeal rights.

    Authority: 5 U.S.C. 3301, 3302; E.O. 11521, 3 CFR, 1970 Comp., 
p. 912; 38 U.S.C. 4214.


Sec.  307.101  Purpose.

    This part implements 38 U.S.C. 4214 and Executive Order 11521, 
which authorize agencies to appoint qualified covered veterans to 
positions in the competitive service under Veterans Recruitment 
Appointments (VRAs) without regard to the competitive examining system.


Sec.  307.102  Definitions.

    For purposes of this part--
    Agency, as defined in 38 U.S.C. 4211(5), means any agency of the 
Federal Government or the District of Columbia, including any Executive 
agency as defined in section 105 of title 5, and the United States 
Postal Service and Postal Rate Commission.
    Covered veteran, as defined in 38 U.S.C. 4212(a)(3), means any of 
the following:
    (1) Disabled veterans;
    (2) 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;
    (3) Veterans who, while serving on active duty with the Armed 
Forces, participated in a United States military operation for which an 
Armed Forces Service Medal was awarded pursuant to Executive Order 
12985 (61 FR 1209); and
    (4) Recently separated veterans.
    Disabled veteran, as defined in 38 U.S.C. 4211, means:
    (1) A veteran who is entitled to compensation (or who, but for the 
receipt of military retired pay, would be entitled to compensation) 
under laws administered by the Secretary of Veterans Affairs; or
    (2) A person who was discharged or released from active duty 
because of a service-connected disability.
    Qualified, as defined in 38 U.S.C. 4212(a)(3), with respect to 
employment in a position, means having the ability to perform the 
essential functions of the position with or without reasonable 
accommodation for an individual with a disability.
    Recently separated veteran, as defined in 38 U.S.C. 4211(6), means 
any veteran during the three-year period beginning on the date of such 
veteran's discharge or release from active duty.
    Substantially continuous service is defined in 5 CFR 315.201(b)(3).


Sec.  307.103  Nature of VRAs.

    VRAs are excepted appointments, made without competition, to 
positions otherwise in the competitive service. The veterans' 
preference procedures of part 302 of this chapter apply when there are 
preference eligible candidates being considered for a VRA. Qualified 
covered veterans who were separated under honorable conditions may be 
appointed to any position in the competitive service for which the 
individual is qualified, at grade levels up to and including GS-11 or 
equivalent. For purposes of a VRA, any military service is qualifying 
at the GS-3 level or equivalent. Upon satisfactory completion of 2 
years of substantially continuous service, the incumbent's VRA must be 
converted to a career or career conditional appointment.


Sec.  307.104  Treatment of individuals serving under VRAs.

    (a) Because VRAs are made to positions otherwise in the competitive 
service, the incumbents, like competitive service employees, may be 
reassigned, promoted, demoted, or transferred in accordance with the 
provisions of part 335 of this chapter.
    (b) A veteran with less than 15 years of education must receive 
training or education prescribed by the agency.
    (c) Appointments are subject to investigation by OPM. A law, 
Executive order, or regulation that disqualifies a person for 
appointment in the competitive service also disqualifies a person for a 
VRA.


Sec.  307.105  Appeal rights.

    Individuals serving under VRAs have the same appeal rights as 
excepted service employees under parts 432 and 752 of this chapter. In 
addition, as established in section 315.806, any individual serving 
under a VRA, whose employment under the appointment is terminated 
within 1 year after the date of such appointment, has the same right to 
appeal that termination as a career or career-conditional employee has 
during the first year of employment.

[FR Doc. 04-24779 Filed 11-3-04; 8:45 am]
BILLING CODE 6325-38-P