38 U.S.C. § 4214 : US Code - Section 4214: Employment within the Federal Government

Search 38 U.S.C. § 4214 : US Code - Section 4214: Employment within the Federal Government

(a)(1) The United States has an obligation to assist veterans of
the Armed Forces in readjusting to civilian life. The Federal
Government is also continuously concerned with building an
effective work force, and veterans constitute a uniquely qualified
recruiting source. It is, therefore, the policy of the United
States and the purpose of this section to promote the maximum of
employment and job advancement opportunities within the Federal
Government for qualified covered veterans (as defined in paragraph
(2)(B)) who are qualified for such employment and advancement.
(2) In this section:
(A) The term "agency" has the meaning given the term
"department or agency" in section 4211(5) of this title.
(B) The term "qualified covered veteran" means a veteran
described in section 4212(a)(3) of this title.
(b)(1) To further the policy stated in subsection (a) of this
section, veterans referred to in paragraph (2) of this subsection
shall be eligible, in accordance with regulations which the Office
of Personnel Management shall prescribe, for veterans recruitment
appointments, and for subsequent career-conditional appointments,
under the terms and conditions specified in Executive Order
Numbered 11521 (March 26, 1970), except that -
(A) such an appointment may be made up to and including the
level GS-11 or its equivalent;
(B) a veteran shall be eligible for such an appointment without
regard to the number of years of education completed by such
veteran;
(C) a veteran who is entitled to disability compensation under
the laws administered by the Department of Veterans Affairs or
whose discharge or release from active duty was for a disability
incurred or aggravated in line of duty shall be given a
preference for such an appointment over other veterans;
(D) a veteran receiving such an appointment shall -
(i) in the case of a veteran with less than 15 years of
education, receive training or education; and
(ii) upon successful completion of the prescribed
probationary period, acquire a competitive status; and
(E) a veteran given an appointment under the authority of this
subsection whose employment under the appointment is terminated
within one year after the date of such appointment shall have the
same right to appeal that termination to the Merit Systems
Protection Board as a career or career-conditional employee has
during the first year of employment.
(2) This subsection applies to qualified covered veterans.
(3) A qualified covered veteran may receive such an appointment
at any time.
(c) Each agency shall include in its affirmative action plan for
the hiring, placement, and advancement of handicapped individuals
in such agency as required by section 501(b) of the Rehabilitation
Act of 1973 (29 U.S.C. 791(b)), a separate specification of plans
(in accordance with regulations which the Office of Personnel
Management shall prescribe in consultation with the Secretary, the
Secretary of Labor, and the Secretary of Health and Human Services,
consistent with the purposes, provisions, and priorities of such
Act) to promote and carry out such affirmative action with respect
to disabled veterans in order to achieve the purpose of this
section.
(d) The Office of Personnel Management shall be responsible for
the review and evaluation of the implementation of this section and
the activities of each agency to carry out the purpose and
provisions of this section. The Office shall periodically obtain
(on at least an annual basis) information on the implementation of
this section by each agency and on the activities of each agency to
carry out the purpose and provisions of this section. The
information obtained shall include specification of the use and
extent of appointments made by each agency under subsection (b) of
this section and the results of the plans required under subsection
(c) of this section.
(e)(1) The Office of Personnel Management shall submit to the
Congress annually a report on activities carried out under this
section. Each such report shall include the following information
with respect to each agency:
(A) The number of appointments made under subsection (b) of
this section since the last such report and the grade levels in
which such appointments were made.
(B) The number of individuals receiving appointments under such
subsection whose appointments were converted to career or career-
conditional appointments, or whose employment under such an
appointment has terminated, since the last such report, together
with a complete listing of categories of causes of appointment
terminations and the number of such individuals whose employment
has terminated falling into each such category.
(C) The number of such terminations since the last such report
that were initiated by the agency involved and the number of such
terminations since the last such report that were initiated by
the individual involved.
(D) A description of the education and training programs in
which individuals appointed under such subsection are
participating at the time of such report.
(2) Information shown for an agency under clauses (A) through (D)
of paragraph (1) of this subsection -
(A) shall be shown for all veterans; and
(B) shall be shown separately (i) for veterans who are entitled
to disability compensation under the laws administered by the
Secretary or whose discharge or release from active duty was for
a disability incurred or aggravated in line of duty, and (ii) for
other veterans.
(f) Notwithstanding section 4211 of this title, the terms
"veteran" and "disabled veteran" as used in subsection (a) of this
section shall have the meaning provided for under generally
applicable civil service law and regulations.
(g) To further the policy stated in subsection (a) of this
section, the Secretary may give preference to qualified covered
veterans for employment in the Department as veterans' benefits
counselors and veterans' claims examiners and in positions to
provide the outreach services required under section 7722 of this
title, to serve as veterans' representatives at certain educational
institutions as provided in section 7724 of this title, or to
provide readjustment counseling under section 1712A of this title.