Veteran Preference Employment
Do the amendments made by Pub. L. 106-117 mean that agencies may no longer use authority code YKB/SchB 213.3202(n) to appoint eligible veterans under the Veterans Employment Opportunities Act of 1998 (VEOA)?
As of the date of enactment of the new amendments (November 30, 1999), agencies should not make any new appointments under the Schedule B authority. However, we are allowing a 1-month grace period to cover any appointments under the Schedule B authority that may already have been in progress.
If VEOA-eligible veterans should no longer be appointed under the above Schedule B authority, how are they appointed?
The law provides that preference eligibles or eligible veterans who compete under agency Merit Promotion procedures open to candidates outside the agency ("agency" in this context means the parent agency such as Treasury, not IRS), and who are selected from among the best qualified, shall receive a career or career conditional appointment, as appropriate. Agencies should use the authority ZBA-Pub.L. 106-117, Sec 511 for these appointments.
What happens to veterans who were appointed under Schedule B?
Agencies should first determine whether their Schedule B appointees actually competed under Merit Promotion procedures or were selected noncompetitively as a separate source of eligibles.
Those veterans who competed under agency Merit Promotion procedures are to be converted to career conditional (or career) retroactive to the date of their original appointments. These individuals will have been serving probation as of the original date of their appointments and this must be made clear to the employees.
Those veterans who did not compete under an agency Merit Promotion announcement and were given a Schedule B appointment noncompetitively, remain under Schedule B until such time as they can be appointed based on competition ? either under Merit Promotion procedures open to candidates outside the agency or through an open competitive announcement. Because an employee may remain under the Schedule B authority until such time as he or she is selected competitively, we are leaving the authority in place indefinitely. This means that an employee may choose to remain under Schedule B indefinitely; he or she may not be required to compete for a career conditional position.
Did the new amendments change the eligibility criteria for appointment under the VEOA?
Yes. Prior to these amendments, a veteran had to be either a preference eligible or have at least 3 years of continuous active duty military service in order to qualify for appointment under the VEOA. The new amendments provide that OPM is authorized to regulate the circumstances under which individuals who were released from active duty "shortly before completing 3 years of active duty" may be appointed. In our interim regulations implementing this provision, we are proposing to use the term "substantially completed an initial 3-year term." Agencies will then decide, in individual cases, whether a candidate has met this standard. In general, most individuals completing an initial 3-year military tour are typically released a few days early. These individuals, if otherwise qualified, should be considered eligible.
Does Veterans' preference apply to appointments under the VEOA?
No. Veterans preference does not apply to merit promotion actions.
Are eligible veterans permitted to apply for vacancies that are open to CTAP candidates only?
No. Since CTAP is limited to internal agency candidates, VEOA eligibles may not apply.
Are eligible veterans permitted to apply for vacancies that are open to ICTAP candidates only?
Yes. Since ICTAP is open to candidates outside the agency, the law requires that VEOA eligibles be allowed to apply.
Do VEOA appointees serve a probationary period?
Yes. Since they are appointed in the competitive service, they are subject to a probationary period. Please note, however, that for those employees converted from the Schedule B authority, prior service counts towards completion of probation provided it is in the same agency, same line of work, and without a break in service. Where applicable, agencies must inform individuals that their original appointment under the VEOA authority marked the beginning of a probationary period.
Can VEOA candidates be considered for temporary and term positions?
No. Because VEOA mandates that eligible veterans be given career or career conditional appointments, temporary or term appointments cannot be offered.
Can a current career/career conditional employee who lacks time-in-grade apply as a VEOA candidate under an agency merit promotion announcement?
No. Such an employee remains subject to time-in-grade restrictions. The VEOA is not a noncompetitive-entry authority like the VRA where an employee could be given a new appointment at a higher grade.
Can a current career/career conditional employee who meets time-in-grade and eligibility requirements apply as a VEOA candidate under an agency merit promotion announcement and, if selected, be given a new career/career conditional appointment using the VEOA appointing authority?
Yes. Currently, a career/career conditional employee who meets time-in-grade and eligibility requirements would be able to apply directly to a merit promotion announcement without the need to use the VEOA authority. However, under the plain language of the VEOA, the law would allow current career/career conditional Federal employees who are preference eligibles or veterans meeting the eligibility criteria of the vacancy announcement to apply to those positions advertised under an agency's merit promotion procedures when seeking candidates from outside its own workforce. The term preference eligibles is defined in title 5, United States Code section 2108.
Can a current career/career conditional employee who meets time-in-grade and eligibility requirements apply as a VEOA candidate under an agency merit promotion announcement when he or she is outside the stated area of consideration?
Yes. A career/career conditional employee who meets time-in-grade and eligibility requirements would be able to apply using VEOA to a merit promotion announcement when outside the stated area of consideration.
Can a preference eligible or eligible veteran who is outside the agency merit promotion announcement's area of consideration apply as a VEOA candidate?
Yes. A preference eligible or eligible veteran would be able to apply using VEOA to a merit promotion announcement even though he or she is outside the vacancy announcement's area of consideration.
We understand that VEOA eligibles are expected to compete with agency merit promotion eligibles under the agency's merit promotion plan. But, is the agency expected to create a different crediting plan for considering VEOA candidates?
No. VEOA candidates are considered along with agency candidates, and under the same crediting plan.
To be eligible for an appointment under the VEOA authority, a veteran must be "separated" from the service. Does this mean that he or she cannot apply and be considered until actually separated?
No. Whether or not to consider someone who is still in the military is entirely at the discretion of the employing agency. By law, a person on military duty cannot be appointed to a civilian position (unless on terminal leave), but he or she can certainly be considered should the agency wish to do so. The determining factor, here, should be whether the person will be available when the agency needs to have the job filled.