Sec. 235. APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND OTHER EMPLOYMENT ASSISTANCE
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## SEC. 235 APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND OTHER EMPLOYMENT ASSISTANCE ###
(a)Appointments to Competitive Service Positions ####
(1)In general Chapter 21 of title 5, United States Code, is amended by inserting after section 2108 the following: > > ## “SEC. 2108a Treatment of certain individuals as veterans, disabled veterans, and preference eligibles > > **[**[5 U.S.C. 2108a](/us/usc/t5/s2108a)**]** > > > ### “(a) Veteran > > > #### “(1) In general > > Except as provided under paragraph (3), an individual shall be treated as a veteran defined under section 2108(1) for purposes of making an appointment in the competitive service, if the individual— > > > ##### “(A) > > meets the definition of a veteran under section 2108(1), except for the requirement that the individual has been discharged or released from active duty in the armed forces under honorable conditions; and > > > ##### “(B) > > submits a certification described under paragraph
(2)to the Federal officer making the appointment. > > > #### “(2) Certification > > A certification referred to under paragraph
(1)is a certification that the individual is expected to be discharged or released from active duty in the armed forces under honorable conditions not later than 120 days after the date of the submission of the certification. > > > ### “(b) Disabled Veteran > > > #### “(1) In general > > Except as provided under paragraph (3), an individual shall be treated as a disabled veteran defined under section 2108(2) for purposes of making an appointment in the competitive service, if the individual— > > > ##### “(A) > > meets the definition of a disabled veteran under section 2108(2), except for the requirement that the individual has been separated from active duty in the armed forces under honorable conditions; and > > > ##### “(B) > > submits a certification described under paragraph
(2)to the Federal officer making the appointment. > > > #### “(2) Certification > > A certification referred to under paragraph
(1)is a certification that the individual is expected to be separated from active duty in the armed forces under honorable conditions not later than 120 days after the date of the submission of the certification. > > > ### “(c) Preference Eligible > > Subsections
(a)and
(b)shall apply with respect to determining whether an individual is a preference eligible under section 2108(3) for purposes of making an appointment in the competitive service.” > . ####
(2)Technical and conforming amendments #####
(A)Definitions Section 2108 of title 5, United States Code, is amended— ######
(i)in paragraph (1), in the matter following subparagraph (D), by inserting “, except as provided under section 2108a,” before “who has been”; ######
(ii)in paragraph (2), by inserting “(except as provided under section 2108a)” before “has been separated”; and ######
(iii)in paragraph (3), in the matter preceding subparagraph (A), by inserting “or section 2108a(c)” after “paragraph
(4)of this section”. #####
(B)Table of sections The table of sections for chapter 21 of title 5, United States Code, is amended by adding after the item relating to section 2108 the following:" “2108a. Treatment of certain individuals as veterans, disabled veterans, and preference eligibles.” ". ###
(b)Employment Assistance: Other Federal Agencies **[**[38 U.S.C. 4214 note](/us/usc/t38/s4214)**]** ####
(1)Definitions In this subsection— #####
(A)the term “agency” has the meaning given the term “Executive agency” in section 105 of title 5, United States Code; and #####
(B)the term “veteran” has the meaning given that term in section 101 of title 38, United States Code. ####
(2)Responsibilities of office of personnel management The Director of the Office of Personnel Management shall— #####
(A)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 #####
(B)ensure that the programs established under this subsection are coordinated with the Transition Assistance Program
(TAP)of the Department of Defense. ####
(3)Elements of program The head of each agency designated under paragraph (2)(A), in consultation with the Director of the Office of Personnel Management, and acting through the Veterans Employment Program Office of the agency established under Executive Order 13518 (74 Fed. Reg. 58533; relating to employment of veterans in the Federal Government), or any successor thereto, shall— #####
(A)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; #####
(B)provide such members with information regarding the program of the agency established under subparagraph (A); and #####
(C)promote the recruiting, hiring, training and development, and retention of such members and veterans by the agency. ####
(4)Other office 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).
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- 74 FR 58533
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Sec. 235
APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND OTHER EMPLOYMENT ASSISTANCE
Fed. Reg.74 FR 58533
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