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Authority: 5 U.S.C. 3301, 3302; E.O. 11521,
3 CFR, 1970 Comp., p. 912; 38 U.S.C. 4214.
§ 307.101 Purpose.
This part implements 38 U.S.C. 4214
and Executive Order 11521, which
authorize agencies to appoint qualified
covered veterans to positions in the
competitive service under Veterans
Recruitment Appointments (VRAs)
without regard to the competitive
examining system.
§ 307.102 Definitions.
For purposes of this part—
Agency, as defined in 38 U.S.C.
4211(5), means any agency of the
Federal Government or the District of
Columbia, including any Executive
agency as defined in section 105 of title
5, and the United States Postal Service
and Postal Rate Commission.
Covered veteran, as defined in 38
U.S.C. 4212(a)(3), means any of the
following:
(1) Disabled veterans;
(2) 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;
(3) Veterans who, while serving on
active duty with the Armed Forces,
participated in a United States military
operation for which an Armed Forces
Service Medal was awarded pursuant to
Executive Order 12985 (61 FR 1209);
and
(4) Recently separated veterans.
Disabled veteran, as defined in 38
U.S.C. 4211, means:
(1) A veteran who is entitled to
compensation (or who, but for the
receipt of military retired pay, would be
entitled to compensation) under laws
administered by the Secretary of
Veterans Affairs; or
(2) A person who was discharged or
released from active duty because of a
service-connected disability.
Qualified, as defined in 38 U.S.C.
4212(a)(3), with respect to employment
in a position, means having the ability
to perform the essential functions of the
position with or without reasonable
accommodation for an individual with a
disability.
Recently separated veteran, as defined
in 38 U.S.C. 4211(6), means any veteran
during the three-year period beginning
on the date of such veteran’s discharge
or release from active duty.
Substantially continuous service is
defined in 5 CFR 315.201(b)(3).
§ 307.103 Nature of VRAs.
VRAs are excepted appointments,
made without competition, to positions
otherwise in the competitive service.
The veterans’ preference procedures of
part 302 of this chapter apply when
there are preference eligible candidates
being considered for a VRA. Qualified
covered veterans who were separated
under honorable conditions may be
appointed to any position in the
competitive service for which the
individual is qualified, at grade levels
up to and including GS–11 or
equivalent. For purposes of a VRA, any
military service is qualifying at the GS–
3 level or equivalent. Upon satisfactory
completion of 2 years of substantially
continuous service, the incumbent’s
VRA must be converted to a career or
career conditional appointment.
§ 307.104 Treatment of individuals serving
under VRAs.
(a) Because VRAs are made to
positions otherwise in the competitive
service, the incumbents, like
competitive service employees, may be
reassigned, promoted, demoted, or
transferred in accordance with the
provisions of part 335 of this chapter.
(b) A veteran with less than 15 years
of education must receive training or
education prescribed by the agency.
(c) Appointments are subject to
investigation by OPM. A law, Executive
order, or regulation that disqualifies a
person for appointment in the
competitive service also disqualifies a
person for a VRA.
§ 307.105 Appeal rights.
Individuals serving under VRAs have
the same appeal rights as excepted
service employees under parts 432 and
752 of this chapter. In addition, as
established in section 315.806, any
individual serving under a VRA, whose
employment under the appointment is
terminated within 1 year after the date
of such appointment, has the same right
to appeal that termination as a career or
career-conditional employee has during
the first year of employment.
[FR Doc. 04–24779 Filed 11–3–04; 8:45 am]
BILLING CODE 6325–38–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–19542; Directorate
Identifier 2003–NM–282–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
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