Veterans Benefits: Federal Employment
Assistance
Christine Scott
Specialist in Social Policy
October 6, 2009
Congressional Research Service
7-5700
www.crs.gov
RS22666
CRS Report for Congress
P
repared for Members and Committees of Congress
Veterans Benefits: Federal Employment Assistance
Summary
There are federal employment and training programs and policies specifically targeted to help
veterans seeking employment in the civilian economy. Transition assistance programs are
operated by the Department of Defense (DOD), the Department of Veterans Affairs (VA), and the
Department of Labor (DOL) to assist servicemembers as they prepare to leave the military. DOL
operates grant programs to states to provide outreach and assistance to veterans in finding civilian
employment. In addition, the federal government has policies (including veterans preference) that
assist veterans in obtaining jobs with the federal government and federal contractors. This report
provides a brief overview of these federal programs and policies. This report will be updated as
needed.
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Veterans Benefits: Federal Employment Assistance
Contents
Cash Assistance .......................................................................................................................... 1
Employment Assistance .............................................................................................................. 2
Transition Assistance Programs ............................................................................................. 2
Veterans State Grants Program .............................................................................................. 2
Veterans’ Workforce Investment Program.............................................................................. 2
America’s Heroes at Work..................................................................................................... 3
Federal Employment Preferences .......................................................................................... 3
Point Preference.............................................................................................................. 3
Veterans Recruitment Appointment (VRA)...................................................................... 4
Affirmative Action: Federal Agencies.............................................................................. 5
Affirmative Action: Contractors and Subcontractors........................................................ 5
Other Federal Assistance ....................................................................................................... 5
Contacts
Author Contact Information ........................................................................................................ 6
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Veterans Benefits: Federal Employment Assistance
eterans may participate in the general employment and training programs open to
everyone seeking jobs, or in certain programs targeted specifically to veterans.1 In
V addition, the federal government has a policy of assisting veterans in employment
through the use of preferences in federal employment, and requirements for affirmative action in
the hiring of veterans by federal contractors. This report will provide an overview of these federal
employment and training programs targeted to veterans, and federal policies to assist veterans in
obtaining federal employment.2
When Is a Discharged Servicemember Classified as a
“Veteran” for the Purposes of VA Benefits?
Not all discharged servicemembers are considered “veterans” for the purposes of the Department of Veterans Affairs
(VA) benefits and programs. In order to be eligible for most VA benefits, it is necessary for the discharged
servicemember to be classified as a “veteran,” or in some circumstances, the survivor of a veteran.
Federal statutes define “veteran” as a “person who served in the active military, naval, or air service, and who was
discharged or released therefrom under conditions other than dishonorable.” [38 U.S.C. § 101(2); 38 C.F.R. § 3.1(d)].
The VA largely bases its determination of veteran status upon military department service records. In addition to the
member’s service records, other factors impact his/her classification as a “veteran” and may impact future benefits.
These factors include
—Discharge criteria: (38 U.S.C. § 101(2); 38 C.F.R. § 3.1(d)).
—Active military, naval or air service: (38 U.S.C. § 101(2); 38 C.F.R. § 3.1(d)).
—Whether the service was during “time of war:” (38 U.S.C. § 101(6)-(11); 38 C.F.R. § 3.2).
—Length of duty requirement: (38 U.S.C. § 101(6)-(11); 38 C.F.R. § 3.2).
After it has been proved that the discharged servicemember meets these criteria, he/she is considered to be a
“veteran” and may be eligible for certain benefits relating to health care, education, and other services which are
provided by the VA.
(Information provided by Douglas Reid Weimer, Legislative Attorney, American Law Division, CRS.)
Cash Assistance
Part of the Servicemen’s Readjustment Act of 1944 (The GI Bill, P.L. 78-346) provided a cash
allowance for returning unemployed veterans. This was provided because, at the time, veterans
were not eligible for unemployment compensation. However, because of a combination of
factors, including the strong economic growth shortly after World War II and the GI Bill’s
education and training benefits, few veterans took advantage of the cash assistance program.
There is currently no system to provide a cash allowance to veterans seeking civilian employment
although veterans are eligible for unemployment compensation, which provides partial
replacement of lost cash wages.3
1 This report does not address federal employment and training programs open to everyone seeking jobs.
2 This paper does not provide information on VA education benefits for veterans. For more information on education
benefits for veterans see CRS Report R40723, Educational Assistance Programs Administered by the U.S. Department
of Veterans Affairs, by Cassandria Dortch.
3 For more information on unemployment compensation for veterans, see CRS Report RS22440, Unemployment
Compensation (Insurance) and Military Service, by Julie M. Whittaker.
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Veterans Benefits: Federal Employment Assistance
Employment Assistance
The federal government operates programs to assist veterans seeking civilian employment and
provides preferences in federal employment for veterans. Outlined below are the major federal
programs and policies to assist veterans seeking civilian jobs.
Transition Assistance Programs
The Department of Labor (DOL), in cooperation with the Department of Defense (DOD) and the
VA, operates the Transition Assistance Program (TAP) and Disabled Transition Assistance
Program (DTAP). Both programs are designed to provide information on employment and
training for servicemembers within 180 days of separation from military service, or retirement.4
TAP is a three-day workshop conducted at military installations that includes sessions on how to
look for jobs, current market conditions (both labor market and occupation-specific information is
provided), preparation of job search materials (including resumes), and interview techniques.
DTAP adds additional hours to the three-day program focused on the special needs of disabled
servicemembers.
In addition to the employment assistance sessions, information is provided on veterans benefits
administered by the VA.
Veterans State Grants Program
The DOL Veterans’ Employment and Training Service (VETS) offers assistance to veterans
seeking jobs through the Veterans State Grants Program. Under the program, grants are used to
fund Disabled Veterans’ Outreach Program Specialists (DVOP) and Local Veterans’ Employment
Representatives (LVER).5 These are state positions, funded by the federal government, that
provide outreach and assistance to veterans seeking employment.
DVOP staff in a state are involved in outreach efforts to disabled veterans with greater barriers to
employment, who therefore need more intensive services for employment or training. LVER staff
help veterans find employment and are involved in outreach to the business community to
encourage the hiring of veterans (including disabled veterans).
Veterans’ Workforce Investment Program
The VETS office also operates the Veterans’ Workforce Investment Program (VWIP), a grant
program authorized under the Workforce Investment Act (WIA, P.L. 105-220).6 Grants may be
made to fund programs operated by eligible state and local workforce investment boards, state or
local agencies, or private non-profit organizations. The grants are intended to help reintegrate
4 For more information on TAP and DTAP programs, see the Department of Labor’s TAP Fact Sheet at
http://www.dol.gov/vets/programs/tap/tap_fs.htm.
5 For information on LVER and DVOP grants, see the DOL guide to grants at http://www.dol.gov/vets/grants/
Final_VETS_Guide-linked.pdf.
6 Ibid. (For information on VWIP grants).
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veterans into the civilian labor force; develop service delivery systems that address the needs of
veterans entering the civilian workforce; enhance workforce investment activities related to
veterans; and perform outreach or public information activities to promote employment of
veterans.
In addition to the Veterans State Grants Program and the VWIP program, the VETS office in DOL
also
• conducts the HireVetsFirst campaign to encourage employers to hire veterans;
and
• provides information to veterans and employers on re-employment rights under
the Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA, P.L. 103-353).
All VETS activities are required partners in the One-Stop Career Center system established by
WIA.7
America’s Heroes at Work
In January 2009, the DOL began a new pilot program, America’s Heroes at Work, for veterans
with traumatic brain injury (TBI) or post-traumatic stress disorder (PTSD). Under the pilot
program, DOL will study, validate, and disseminate best practices related to helping employees
with TBI or PTSD succeed on the job. The initial phase of the pilot program will concentrate on
employers and veterans located in the Greater Washington, DC area.
Federal Employment Preferences
The federal government has four policies that provide a preference to veterans: (1) a system of
point preference for hiring; (2) special appointment (hiring) authority; (3) affirmative action
requirements for federal agencies; and (4) affirmative action requirements for contractors and
subcontractors.8
Point Preference
Veterans are given a federal preference in hiring to prevent an individual from being penalized for
having spent time in military federal service. A five-point preference is given to veterans with an
honorable or general discharge who served on active duty (not active duty for training):
• during any war;
• during the period April 28, 1952, through July 1, 1955;
7 Local one-stop service centers can be found online at http://www.servicelocator.org/.
8 For federal employment purposes, a veteran is an individual who has active duty service, with minimum length of
service requirements, for one of the time periods defined in Title 5, §2108. For more information on federal
employment preferences for veterans, see the Office of Personnel Management’s VetsInfo Guide at
http://www.opm.gov/veterans/html/vetsinfo.asp.
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Veterans Benefits: Federal Employment Assistance
• for more than 180 consecutive days, any part of which occurred after January 31,
1955, and before October 15, 1976;
• during the Gulf War period beginning August 2, 1990, and ending January 2,
1992;
• for more than 180 consecutive days, any part of which occurred during the period
beginning September 11, 2001, and ending on the date prescribed by Presidential
proclamation or by law as the last day of Operation Iraqi Freedom; or
• in a campaign or expedition for which a campaign medal has been authorized,
such as El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, and
Haiti.
To qualify for a five-point preference, medal holders and Gulf War veterans who originally
enlisted after September 7, 1980, or entered on active duty on or after October 14, 1982, without
having previously completed 24 months of continuous active duty, must have served continuously
for 24 months or the full period called or ordered to active duty. As of October 1, 1980, military
retirees at or above the rank of major or equivalent are not entitled to preference unless they
qualify as disabled veterans.
A ten-point preference is given to
• honorably separated veterans who qualify as disabled veterans because they have
served on active duty in the Armed Forces at any time and have a present service-
connected disability or are receiving compensation, disability retirement benefits,
or pension from the military or the Department of Veterans Affairs;
• honorably separated veterans who are Purple Heart recipients;
• the spouse of a veteran unable to work because of a service-connected disability;
• the unmarried widow of certain deceased veterans; and
• certain mothers of veterans who died in service or who are permanently and
totally disabled.9
Veterans Recruitment Appointment (VRA)
The use of a VRA allows agencies to appoint an eligible veteran without competition. The VRA is
an excepted appointment to a position that is otherwise in the competitive service. After two years
of satisfactory service, the veteran may be converted to a career-conditional appointment in the
competitive service.10
Once in federal employment, VRAs are treated like any other competitive service employee and
may be promoted, reassigned, or transferred. VRA appointees with less than 15 years of
9 To receive the 10-point preference, the mother must be either: (1) married with a husband who is totally disabled; or
(2) widowed, divorced, or separated at the time the 10-point preference is claimed (the mother loses the 10-point
preference when she remarries).
10 A veteran may be given a noncompetitive temporary or term appointment based on VRA eligibility. These
appointments do not lead to career jobs.
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education must complete a training program established by the agency. Veterans eligible for a
VRA appointment are
• disabled veterans;
• 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;
• veterans who, while serving on active duty in the Armed Forces, participated in a
United States military operation for which an Armed Forces Service Medal was
awarded; or
• recently separated veterans.
In addition to meeting the criteria above, veterans must have been separated under honorable
conditions (i.e., the individual must have received either an honorable or general discharge).
Affirmative Action: Federal Agencies
Federal agencies must have a separate affirmative action program for disabled veterans as part of
agency efforts to hire, place, and advance persons with disabilities under the Rehabilitation Act of
1973 (P.L. 93-112).11 Agencies are required to
• provide placement consideration under special noncompetitive hiring authorities
for VRAs and veterans with a disability rating of 30 percent or more;
• ensure that all veterans are considered for employment and advancement under
merit system rules; and
• establish an affirmative action plan for the hiring, placement, and advancement of
disabled veterans.
Affirmative Action: Contractors and Subcontractors
Contractors and subcontractors with federal contracts in excess of $100,000 must report to the
DOL on efforts to hire veterans in specific categories: disabled veterans, other protected veterans,
Armed Forces service medal veterans, and recently separated veterans. Contractors and
subcontractors are required to post job openings through state job services or one stop offices, and
may post job openings on the federal online service (America’s Job Bank).12
Other Federal Assistance
The Department of Defense Appropriations Act, 2003 (P.L. 107-248) authorized the DOD to
transfer funds to the Center for Military Recruitment, Assessment, and Veterans Employment.
The center is a 501(c)(6) organization supported by construction employers and building and
trade organizations within the AFL-CIO to help veterans find employment in the construction
11 Each year the Office of Personnel Management (OPM) prepares a report with information on the accomplishments of
affirmative action programs for disabled veterans. The OPM reports are available at http://www.opm.gov/veterans/
dvaap.asp.
12 The federal online employment service can be found at http://www.usajobs.com/.
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industry, through operation of the “Helmets to Hardhats” program.13 The transfer of funds has
been done each year since FY2003, with the FY2009 transfer being $3.0 million as provided by
the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (P.L.
110-329).
The Department of Education transfers funds to the DOD to provide funding for participants in
the “Troops 2 Teachers” Program. The program can provide a stipend of up to $5,000 for eligible
military personnel to obtain certification as an elementary, secondary, or vocational/technical
teacher. Instead of the stipend for certification, the program may pay a bonus of up to $10,000 to
participants who teach in a high-poverty school. For FY2009, the funding for the program is
$14.4 million.
Author Contact Information
Christine Scott
Specialist in Social Policy
cscott@crs.loc.gov, 7-7366
13 For more Information, see the program website at http://www.helmetstohardhats.com/.
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