Veterans Employment Opportunities Act of 1998

President Clinton signed this new measure into law on October 31, 1998 to be immediately effective. The authority however cannot be used until it is published in the Federal Register. We will let you know as soon as that happens. Check this site for further information.

1. When are the provisions of the new law effective?
   They are effective as of October 31, 1998, the date the bill was signed by the President.
   
   
2. What new statement is required on vacancy announcements?
   Agencies must include the following statement on all merit promotion announcements open to applicants outside their own agencies:
   "Veterans who are preference eligibles or who have been separated from the armed forces under honorable conditions after 3 years or more of continuous active service may apply."
   
   
3. Must the new statement required for vacancy announcements be placed on those announcements which have already been posted?
   No. Agencies should ensure that all vacancy announcements issued after the date the bill was signed into law (October 31, 1998) contain the required statement.
   
   
4. Will OPM create a new appointing authority for appointing veterans who apply for jobs, but who are not otherwise eligible for appointment?
   Yes. A Schedule B appointing authority is being established and will be incorporated with the other Government-wide appointing authorities in Title 5 of the Code of Federal Regulations. Agencies may not make appointments under this new authority until it has been published in the Federal Register.
   
   
5. Why Schedule B appointing authority rather than Schedule A?
   Appointments under the Schedule B excepted service authority are subject to the basic qualification standards established by OPM. Because these selections are made under merit promotion procedures where candidates are required to meet basic qualification requirement to be considered, the Schedule B authority is the appropriate authority. Schedule A authority does not require candidates to meet OPM qualifications requirements.
   
   
6. Does veterans' preference apply to appointments under this new law?
   Veterans' preference does not apply to merit promotion actions. However, if an agency is considering these candidates as a separate source of eligibles and 1 or more veterans is a preference eligible, then the agency must apply preference within this group in the same way that it is now required to apply preference within a group of VRA eligibles who apply under a merit promotion announcement.
   
   
7. Will this new law permit veterans to be placed in other jobs in the agency?
   Yes. A veteran appointed under this law may be reassigned, promoted or demoted to another position within the agency, as appropriate, but would remain employed under this excepted appointment. The veteran, however, is always eligible to apply for competitive service positions under an open competitive process.
   
   
8. If selected under merit promotion procedures to a position with promotion potential, e.g., career ladder, can the veteran hired under this excepted authority be promoted?
   Yes. The veteran who was selected under merit promotion procedures to a position with promotion potential may be promoted under this excepted authority.
   
   
9. Under this new law, can a veteran with a Schedule B appointment apply for other jobs within the agency?
   If the agency is seeking candidates from outside the agency through a merit promotion announcement, or through an open competitive announcement, a veteran appointed under this new law may apply. However, a veteran with a Schedule B appointment may not apply for merit promotion vacancies opened only to internal agency candidates.
   
   
10. With a Schedule B appointment under this new law, may veterans apply for vacancies apply for vacancies in other agencies?
    Yes. A veteran appointed under this new law may apply for other vacancies in other agencies when the agency is seeking candidates from outside the agency through a merit promotion announcement, or through an open competitive announcement.
    
    
11. Will this new authority permit veterans to obtain competitive status?
    No. To achieve status, a veteran would still need to be appointed under an open competitive process or be eligible under a special authority for noncompetitive conversion to the competitive service.
    
    
12. Are eligible veterans permitted to apply for vacancies that are opened to CTAP candidates only?
    Veterans who are eligible for appointments under this new law could not apply for agency vacancies limited to CTAP candidates because the agency is not seeking candidates from outside its own workforce.
    
    
13. Are eligible veterans permitted to apply for vacancies that are opened to ICTAP candidates only?
    Yes. Veterans may apply for vacancies opened to ICTAP eligibles.
    
    
14. How does this new authority differ from the Veterans' Readjustment Appointment (VRA)?
    The VRA provides for noncompetitive conversion to the competitive service after 2 years of acceptable performance. T his new law does not provide for noncompetitive conversion.
    
    
15. If a veteran is eligible for appointment under both this new appointing authority and a different appointing authority such as the VRA, how does an agency decide which authority to use?
    If a veteran is eligible for appointment under some other authority (such as reinstatement or the VRA), an agency may not use the new excepted appointing authority.
    
    
16. The new law creates a sweeping new redress process that allows a preference eligible who believes an agency has violated his or her rights under any law or regulation related to veterans' preference to file a formal complaint with the Department of Labor, which may eventually end up before MSPB or the courts. Who is going to administer this provision and how?
    The Department of Labor's Veterans' Employment and Training Service (VETS) will administer this provision in much the same way that it now administers the appeal right of veterans under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
    
    
17. The new law also makes failure to comply with veterans' preference requirement a Prohibited Personnel Practice under Title 5 United State Code. How does this provision relate to the new redress procedure also created by this law?
    The two provisions are separate and distinct, although there is obviously some overlap. For example, a veteran who believes that an agency "Knowingly took" an action (or failed to take an action) that violated his or her veterans' preference right, would have the option of filing a complaint with the Department of Labor or going directly to the Office of the Special Counsel which adjudicates violations of Prohibited Personnel Practices.
    
    
18. Is OPM issuing regulations to implement the new law?
    Yes. Although most of the provisions of the new law do not affect statutory provisions administered by OPM, we are issuing a new regulation -- 5 CFR 335.106 -- to reflect the additional requirement for merit promotion vacancies and we are issuing a new Schedule B appointing authority as mentioned previously.