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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
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64504 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Proposed Rules
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.
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