This report describes the laws and regulations for hiring veterans into the civil service. It explains that the laws and regulations regarding the preferences in hiring that can or must be given to veterans and certain family members that are extremely complicated. It includes survey data of perceptions by employees regarding both violations of veterans' preference rights and inappropriate favoritism of veterans. Furthermore, it explains the history behind—and implementation of—a law that was designed to ensure that the hiring of recently retired service members as civilian employees of the Department of Defense is based on merit and not favoritism.
Executive Summary i
Chapter One: Introduction 1
Purpose 2
Defining a Veteran 2
Methodology 3
Chapter Two: Veterans’ Preferences in Hiring for Competitive Service Positions 5
Competitive Examining 6
The Rule of Three 7
Category Rating 9
Additional Competitive Examining Provisions for Veterans 11
Veterans Applying for Competition that is Internal to the Government 13
Veterans Recruitment Appointment 15
Thirty Percent Disabled Veterans Appointment 18
Certified from a Training Program 19
Chapter Three: Veteran Hiring in the Excepted Service 21
Examples of Agency-Based Statutory Hiring Authorities 22
Examples of Position-Based Regulatory Hiring Authorities 23
Other Excepted Service Hiring Authorities 24
Chapter Four: Perceptions Regarding Veteran Hiring 25
Federal Employee Perceptions of Improprieties 25
Department of Defense Employees’ Perceptions 30
Human Resources Perceptions 33
Hiring Practices Strategies 35
Chapter Five: Restrictions on Hiring Retired Service Members into the Department of Defense 37
Delegation of the Waiver Authority 42
The National Emergency 43
Survey Data for the 180-Day Rule 44
Recommendations for the Future of the 180-Day Rule 48
Chapter Six: Findings and Recommendations 51
Summary of Veterans’ Hiring Authorities Findings and Recommendations 51
Summary of the 180-Day Hiring Prohibition Findings and Recommendations 52
Appendix A: Discussion of the Response by the Office of Personnel Management 55
Appendix B: Response by the Office of Personnel Management 57
Appendix C: Response by the Department of Defense 61
Appendix D: Department of Defense Restriction Memorandum and Law 65
Gilpatric Memorandum 65
5 U.S.C. § 3326—Appointments of Retired Members of the Armed Forces to Positions in the Department of Defense 66
Appendix E: Structuring Categories for Category Rating 67
Appendix F: Glossary 69
Definition of Veteran and Related Terms (5 U.S.C. § 69
Hiring Authorities 71
Other Terms Used in the Report 72
Federal employees, their supervisors, agency management, union personnel, especially Human Capital officers and employees across the U.S. Federal Government may be interested in this report.
