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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.
Proposed Rules Federal Register
64503
Vol. 69, No. 214
Friday, November 5, 2004
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 307
RIN 3206–AJ90
Veterans Readjustment Appointments
AGENCY: Office of Personnel
Management.
ACTION: Proposed rule.
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 employ@opm.gov;
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
pamela.galemore@opm.gov.
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
　
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