38 U.S.C. § 4214: Employment within the Federal Government

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. The term “agency” has the meaning given the term “department or agency” in section 4211(5) of this title . The term “qualified covered veteran” means a veteran described in section 4212(a)(3) of this title . such an appointment may be made up to and including the level GS–11 or its equivalent; a veteran shall be eligible for such an appointment without regard to the number of years of education completed by such veteran; 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; in the case of a veteran with less than 15 years of education, receive training or education; and upon successful completion of the prescribed probationary period, acquire a competitive status; and 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. This subsection applies to qualified covered veterans. A qualified covered veteran may receive such an appointment at any time. 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. 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. 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. 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. 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. A description of the education and training programs in which individuals appointed under such subsection are participating at the time of such report. shall be shown for all veterans; and 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. 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. 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 6303 of this title , to serve as veterans’ representatives at certain educational institutions as provided in section 6305 of this title , or to provide readjustment counseling under section 1712A of this title . Not later than six months after the date of the enactment of this Act [ Jan. 2, 2025 ], the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on WARTAC. One year after the submission of the report required under paragraph (1) and annually thereafter, the Secretary shall submit to such Committees a report that contains the elements under paragraphs (1) and (3) of subsection (b) [probably should be “subparagraphs (A) and (C) of paragraph (3)”] with regards to the preceding year. how many covered members have applied to participate in WARTAC; how many covered members have participated in WARTAC; how the Secretary provides training to covered members during TAP; how many covered members have completed WARTAC; and any other information the Secretary determines appropriate. how much money the Secretary determines WARTAC saves the United States each fiscal year; how much money the Secretary determines WARTAC has saved the United States since its establishment; and the determination of the Secretary whether other Federal agencies may save money by establishing a program similar to WARTAC. how the Secretary identifies positions in the Department of Veterans Affairs for which such covered members may qualify; the grades of such positions on the General Schedule under section 5332 of title 5 , United States Code; and how many such covered members the Secretary has hired to such positions. Not later than 30 days after submitting the report under paragraph (1), the Secretary of Veterans Affairs shall transmit a copy of such report to the head of each Federal agency. The term ‘covered member’ means members of the Armed Forces participating in TAP. The term ‘TAP’ means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code. The term ‘WARTAC’ means the Warrior Training Advancement Course of the Veterans Benefit Administration, in which the Secretary provides training to covered members so such covered members may qualify for certain employment in the Veterans Benefit Administration. The Assistant Secretary of Labor for Veterans’ Employment and Training shall, in consultation with the Secretary of Veterans Affairs, establish guidelines containing best practices for departments and agencies of the Federal Government that carry out programs to employ veterans who are transitioning from service in the Armed Forces. Such guidelines shall include the findings of the initial report required under subsection (a)(1).” the term ‘agency’ has the meaning given the term ‘Executive agency’ in section 105 of title 5 , United States Code; and the term ‘veteran’ has the meaning given that term in section 101 of title 38 , United States Code. designate agencies that shall establish a program to provide employment assistance to members of the Armed Forces who are being separated from active duty in accordance with paragraph (3); and ensure that the programs established under this subsection are coordinated with the Transition Assistance Program (TAP) of the Department of Defense. establish a program to provide employment assistance to members of the Armed Forces who are being separated from active duty, including assisting such members in seeking employment with the agency; provide such members with information regarding the program of the agency established under subparagraph (A); and promote the recruiting, hiring, training and development, and retention of such members and veterans by the agency. If an agency designated under paragraph (2)(A) does not have a Veterans Employment Program Office, the head of the agency, in consultation with the Director of the Office of Personnel Management, shall select an appropriate office of the agency to carry out the responsibilities of the agency under paragraph (3).”