Author: David Scholl

Veterans Hiring Authorities

Posted on by David Scholl

In my last article, we looked at the types of hiring preferences available to veterans, how one becomes eligible for a preference, and how that preference is applied in the recruitment of Federal competitive and excepted service positions. This article describes special hiring authorities under which veterans, and their spouses, may be hired by the Federal government without competition. These are unique authorities and, if eligible, you should not hesitate to contact an agency’s hiring office and inquire as to the availability of such an appointment when conducting your job search.

Veterans Recruitment Appointment (VRA) Authority

The VRA authority permits any agency to appoint, without competition, a qualified and eligible veteran to any position at any grade level up to and including GS-11 or equivalent. A VRA is an excepted service appointment to a position that would otherwise be in the competitive service.
After two years of satisfactory service, the agency must convert the veteran to a career or career-conditional appointment, as appropriate.

A veteran is eligible for a VRA appointment if he or she:

  • is disabled; or
  • is in receipt of a campaign badge for service during a war or in a campaign/expedition; or
  • received an Armed Forces Service Medal for participation in a military operation; or
  • is a recently separated (within three years of release/discharge) veteran, and separated as a result of an honorable or general discharge

Although these criteria are similar to those required for a veterans’ preference, they are not identical. For example, a veteran who served during the Gulf War from August 2, 1990, through January 2, 1992, would be eligible for veterans’ preference solely on the basis of that service. However, service during that timeframe alone does not confer VRA eligibility unless one of the criteria listed above is met.

The distinction between VRA eligibility and veterans’ preference is particularly significant once an agency decides to fill a position through a VRA appointment and considers more than one eligible candidate, at least one of which has a veterans’ preference. In this instance, the agency must apply the applicable regulatory veterans’ preference procedures.

Finally, as with veterans’ preference, it is essential that you properly document your eligibility when seeking a VRA appointment. Proper documentation entails submission of the number 4 copy of your DD214, “Certificate of Release or Discharge from Active Duty;” completion of an SF-15 if claiming a 10 point preference; and, if applicable, documentation of the relevant campaign badge or medal.

30 Percent or More Disabled Veterans

Pursuant to statutory and accompanying regulatory provisions, an agency may give a non-competitive, temporary appointment of more than 60 days or a term appointment to any veteran who:

  • retired from active military service with a disability rating of 30 percent or more; or
  • since 1991 was rated by the Department of Veterans Affairs (VA), or any branch of the Armed Forces at any time, as having a compensable service-connected disability of 30 percent or more

There is no grade level limitation for this authority, but the appointee must meet all qualification requirements. As a general matter, the agency may convert the employee to a career-conditional appointment at any time during the employee’s temporary or term appointment. Following conversion, and upon completion of the probationary period, the individual acquires competitive status.

Spousal Appointment Authority

In an effort to enhance the recruitment and retention of skilled members of the military, and to further honor those killed or disabled while serving their country, the Obama Administration issued a 2008 Executive Order authorizing the non-competitive appointment of certain military spouses to competitive service positions.

If you are a military spouse qualified for the position in question, you are eligible under this appointment authority if your active duty spouse:

  • received permanent change of station (PCS) orders; or
  • has a 100% disability rating from a military department or Department of Veterans Affairs; or
  • was killed while on duty and you, as the widow/widower, have not remarried

Agencies may use this authority to fill temporary, term or permanent positions without grade level restriction. This authority does not entitle spouses to a hiring preference and is subject to the agency’s clearance of applicable reemployment priority lists.

In order to meet the eligibility requirements, active duty spouses with PCS orders also must be authorized to, and actually relocate to, the new duty station. Spouses can only receive appointments to positions located within a reasonable commute of the new duty station. The appointment must also occur within two years of the relocation order. The geographic limitation does not apply to spousal appointments based on the service member’s death or 100% disability rating. Finally, although a spouse can receive an unlimited number of temporary or term appointments during the two-year window, he or she may only receive one permanent appointment through the use of this authority.

The spousal appointment authority can prove to be a very useful option, particularly when military families are uprooted and need the financial support of two jobs. As with veterans’ preference and other hiring authorities, it is important that you submit all relevant documents when seeking an appointment, such as a marriage certificate, the PCS orders, a DD214, and documentation establishing disability or death.

For detailed information regarding this authority, see the applicable regulations and the Office of Personnel Management’s Questions & Answers on the subject.

Additional Resources

Helpful Career Planning Tools 

Visit our other informative site

The information provided may not cover all aspects of unique or special circumstances, federal regulations, and programs are subject to change. Our articles and replies are time sensitive. Over time, various dynamic human resource guidance and factors relied upon as a basis for this article may change. The advice and strategies contained herein may not be suitable for your situation and this service is not affiliated with OPM or any federal entity. You should consult with school counselors, hiring agency personnel offices, and human resource professionals where appropriate. Neither the publisher or author shall be liable for any loss or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.

Veterans’ Hiring Preference

Posted on by David Scholl

If you are a veteran who recently left or are about to leave military service, the Federal government is a great option for you to consider in your civilian job search. In further recognition of their sacrifice to our nation, the Obama administration issued a 2009 Executive Order designed to promote employment opportunities for veterans. Since that time, government-wide hires of veterans have risen from 24 percent to 31 percent for FY 2013. In addition to enhancing the recruitment of veterans, the government applies a long-standing preference for many veterans when assessing their job applications in relation to similarly qualified applicants. This article describes the types of preference and the circumstances under which they are applied. My next article will describe special hiring authorities under which veterans may be hired without competition.

Types of Preference

Only veterans discharged or released from active duty in the Armed Forces under an honorable or general discharge may receive a preference. If you are retired from the armed forces you are not eligible for a preference unless you are a disabled veteran or retired below the rank of major or equivalent.

Note that not all active duty service qualifies for veterans’ preference. Along with the required application materials, it is critically important that you document your preference eligibility with the member 4 copy of your DD214, “Certificate of Release or Discharge from Active Duty.” If you do not yet have a DD214 because you are still in the military, you may request and submit an official statement of service with the dates and type of discharge you will receive. This allows for the application of a tentative preference pending receipt of your formal discharge document. Failure to include this documentation may result in the agency’s denial of your preference in the particular recruitment action.

In order to receive a preference, you must also meet one of the eligibility requirements of the two categories detailed below.

Non-Disabled

You are a 5 point preference eligible if your active duty service meets any of the following:

  • During a “war” (those declared by Congress) ; or
  • During the period April 28, 1952 through July 1, 1955; or
  • For more than 180 consecutive days, other than for training, any part of which occurred after January 31, 1955, and before October 15, 1976; or
  • During the Gulf War from August 2, 1990, through January 2, 1992; or
  • For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2001, and ending on August 31, 2010, the date prescribed by Presidential proclamation as the last day of Operation Iraqi Freedom; or
  • In a campaign or expedition for which a campaign medal has been authorized. Any Armed Forces Expeditionary medal or campaign badge, including El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, and Haiti, qualifies for preference.

Disabled

You are a 10 point preference eligible if you served at any time and you have:

  • A service connected disability, or
  • Received a Purple Heart

When claiming a 10 point preference, you must also submit a SF-15 in order to receive appropriate consideration.

Application of Preference To A Hiring Action

Entitlement to a veterans’ preference is an extremely valuable job search asset. Your preference applies when applying for permanent and temporary positions in both the competitive and excepted services of the executive branch. The preference does not apply to positions in the Senior Executive Service or positions requiring Senate confirmation. Additionally, the preference does not apply in the event an agency determines to fill a job through merit promotion, reassignment, transfer or reinstatement of a former Federal employee.

Although the preference does not apply when an agency determines to fill a position through a merit promotion action, veterans’ preference holders should be aware that they have the right to apply for these positions pursuant to the Veterans Employment Opportunities Act (VEOA) as long as the announcement is open to Federal employees outside the agency advertising the vacancy. Bear in mind that an agency has the discretion to recruit for the same job through both a competitive examination, or all sources, announcement and a merit promotion announcement, and to make a selection from either announcement. In this case, the individual with veterans’ preference should apply under both announcements to insure consideration depending on the method of selection.

Preference Groups

Assuming you’ve applied for a position through a competitive examination announcement, are determined as qualified for that position, and have properly established your preference, you are placed into one of the following groups for ranking your application:

  • CPS – Disability rating of 30% or more (10 points)
  • CP – Disability rating of at least 10% but less than 30% (10 points)
  • XP – Disability rating of less than 10% (10 points); this group also includes the “derived preference” applicable to qualified spouses, widows/widowers and mothers of veterans who otherwise meet the applicable preference requirements
  • TP – No disability rating (5 points)

Category Rating

Pursuant to a 2010 Presidential Memorandum, agencies are currently required to assess and select job applicants for positions filled through competitive examining by use of a category rating approach rather than requiring the selecting official to select from the three highest scoring applicants, otherwise known as the “rule of 3.” Under this rating system, qualified candidates are placed in one of at least two predefined categories, e.g., Highly Qualified and Qualified, rather than ranking by a numeric score.

When using the category rating process, veterans’ preference is applied as follows:

  • Qualified preference eligibles with a compensable service-connected disability of 10% or more (CPS and CP preference groups) are placed at the top of the highest category on the referral list in all jobs other than scientific or professional positions at the GS-9 level or higher.
  • Qualified XP or TP preference group eligibles are placed ahead of non-preference eligibles within the same rating category.

The process for determining and applying veterans’ preference can be complicated. If you pursue Federal employment and believe you are entitled to such a preference, make sure you have included all the documents relevant to your preference and do not hesitate to contact the hiring office throughout the recruitment action in order to insure that your application is properly considered.

Additional Resources

Helpful Career Planning Tools 

Visit our other informative site

The information provided may not cover all aspects of unique or special circumstances, federal regulations, and programs are subject to change. Our articles and replies are time sensitive. Over time, various dynamic human resource guidance and factors relied upon as a basis for this article may change. The advice and strategies contained herein may not be suitable for your situation and this service is not affiliated with OPM or any federal entity. You should consult with school counselors, hiring agency personnel offices, and human resource professionals where appropriate. Neither the publisher or author shall be liable for any loss or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.

Pathways Program – Student Job Opportunities

Posted on by David Scholl

Are you a current high school, undergraduate or graduate student thinking about your post-education work opportunities? The Federal government’s Pathways Program (Pathways) can not only provide you with the training and exposure you need to decide whether a government career is right for you, but also with the opportunity for permanent employment. The Obama administration authorized Pathways in a 2010 Executive Order that, in part, replaced the Federal Career Intern Program (FCIP). The administration discontinued the FCIP largely as a result of successful legal challenges based on a lack of public notice and application of veterans’ preference concerning intern positions.

Pathways consists of the following three components more fully discussed below: Internship Program, Recent Graduates Program, and Presidential Management Fellows (PMF) Program. Access to these programs depends on your current academic or professional status.

Internship Program

This program replaces the Student Career Experience Program (SCEP) and Student Temporary Employment Program (STEP) and is open to current students attending high school, college, trade school, or graduate school. Agencies are required to post information regarding available intern positions and application information on USAJOBS and a recent visit to the site indicated the availability of almost 100 positions, many of which include multiple vacancies.

Student interns become eligible for conversion to a permanent position at any Federal agency upon meeting the following conditions:

  • Completion of at least 640 hours of work experience
  • Completion of degree or certificate requirements
  • Receipt of a favorable recommendation for appointment by an official at the agency served
  • Met the qualification standards for the position to which the intern will be converted
  • Met agency-specific requirements as specified in the Participant’s Agreement
  • Successful job performance

Recent Graduates Program

This is a full-time, one-year developmental program designed for individuals who have received an undergraduate or graduate degree from a qualifying educational institution or program. Candidates must apply within two years of graduation, with the exception of veterans, who may have up to six years to apply due to their military obligations. Consistent with the Internship Program, agencies must post available positions and application information on USAJOBS. There are currently over 40 Recent Graduate job announcements, several of which contain multiple vacancies. Each agency determines how many recent graduates they will hire.
Upon completion of the Program, recent graduates become eligible for conversion to a full-time competitive service position in their employing agency if the following conditions are met:

  • Successful completion of at least one year of continuous service in addition to all requirements of the Program
  • Successful job performance
  • Met the qualifications for the position to which the Recent Graduate will be converted

Presidential Management Fellows Program

The PMF Program has been the Federal government’s showcase leadership development program for over thirty years. Many PMF alumni have gone on to notable careers in academia, politics, and government service.

The above-referenced Executive Order adjusted the existing program by expanding the eligibility window, aligning the deadlines with academic calendars, and eliminating the requirement that applicants submit school nominations. Eligibility for the Program is now based either on the applicant receiving a qualifying advanced degree within the preceding two years, or meeting the degree requirements by August 31st of the year following application. PMF finalists selected by a participating agency receive a two-year appointment and have at least one four to six month developmental assignment. Upon successful completion of the Program, PMFs are eligible for conversion to a competitive service position in their employing agency.

Beginning with the Class of 2014, the PMF program added a pilot STEM track specifically for those interested in the fields of science, technology, engineering, and mathematics. As STEM PMFs, individuals engage in meaningful work on high-visibility federal research and development projects. These assignments will allow fellows to network with STEM professionals in different fields and locations, as well as to travel to locations where innovative STEM personnel solve national problems.

Unlike the Intern and Recent Graduates Programs, the PMF Program is centrally administered by the Office of Personnel Management (OPM). The application window for the PMF Class of 2015 was open from October 1-15, 2014. Following receipt of applications, OPM conducts a comprehensive written and in-person assessment process and ultimately notifies agencies of the candidates eligible for selection in April of each year. Once selected, PMF finalists have up to twelve months to obtain an agency appointment. Each PMF appointment is two years in duration. Although an appointment is not guaranteed, OPM hosts numerous job fairs and workshops designed to find the right agency fit for the finalists. Please see the PMF website for extensive information regarding the application, assessment, and appointment process.

If you think you may be interested in one of these Pathways Programs, please visit the referenced sites, as well as the information on each program provided on OPM’s website. Also, explore other private sector student job opportunities in your area.

Helpful Career Planning Tools 

Visit our other informative site

The information provided may not cover all aspects of unique or special circumstances, federal regulations, and programs are subject to change. Our articles and replies are time sensitive. Over time, various dynamic human resource guidance and factors relied upon as a basis for this article may change. The advice and strategies contained herein may not be suitable for your situation and this service is not affiliated with OPM or any federal entity. You should consult with school counselors, hiring agency personnel offices, and human resource professionals where appropriate. Neither the publisher or author shall be liable for any loss or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.

Alternative Work Schedule (AWS)

Posted on by David Scholl

Over the past three decades, the expanding variety of available workplace flexibilities has provided potential applicants with an added incentive in seeking Federal agency positions. The Alternative Work Schedule (AWS) is the longest tenured flexibility initiative, tracing its origin to 1978. Since that time, the availability of AWS programs has become a key recruitment and retention tool along with the student loan repayment program that agencies can now offer to fill critical vacancies.  In addition to reviewing the available AWS options, this post will also seek to provide some insight into the current usage of AWS across the government.

Description of AWS

The term “Alternative Work Schedule” encompasses two general types of work schedules, flexible work schedules (FWS) and compressed work schedules (CWS), each representing a variation to the fixed-schedule 8-hour, 5-day work week.

A FWS consists of workdays with (1) core hours and (2) flexible hours. Core hours are the designated period of the day when all employees must be at work. Flexible hours are the part of the workday when employees may (within limits or “bands”) choose their time of arrival and departure. Within limits set by each agency, a FWS can enable employees to select and alter their work schedules to best fit personal needs and help balance work and family responsibilities. There are various types of FWS arrangements that provide different degrees of flexibility regarding starting/stopping times and core hours. These include flexitour, gliding, variable day, variable week, and maxiflex schedules. OPM’s Handbook on Alternative Work Schedules defines each of these terms and provides a detailed analysis of each option.

If authorized by agency policy or a collective bargaining agreement for unionized employees, an employee may have the option of earning credit hours. These are hours worked in excess of an employee’s basic work requirement (e.g., 40 hours a week), which the employee elects to work in order to vary the length of a workweek or a workday. An employee may carry a maximum of 24 credit hours from one pay period to the next.

As a result of the flexible start/stop times, the overtime rules under an AWS are slightly different from those that apply to a fixed work schedule. When working under an AWS, overtime work consists of hours of work that are officially ordered in advance and in excess of 8 hours in a day or 40 hours in a week. However, overtime does not include hours worked voluntarily, including credit hours, or hours an employee covered by the Fair Labor Standards Act is “suffered or permitted” to work that are not officially ordered in advance.

A CWS meets the basic work requirement of 80 hours in less than 10 work days. Arrival and departure times and non-workdays are fixed. There are no provisions for flexitime or gliding schedules under a CWS program, and credit hours are not permissible. Depending on the applicable agency policy or applicable collective bargaining agreement, employees may be able to select one of 3 CWS options:

  • 5-4/9 Plan: Employee works 8 9-hour days and 1 8-hour day each pay period.
  • 4-Day Workweek: Employee works 4 10-hour days each workweek.
  • 3-Day Workweek: Employee works 3 days of 13 hours and 20 minutes each work week.

A CWS cannot be established among non-unionized employees unless a majority of those employees vote to adopt it. In a unionized organization, only those employees in the bargaining unit are bound by the negotiations establishing the CWS program. Also, any employee for whom a compressed work schedule would impose a personal hardship may be excluded from the program.

AWS Participation

Despite a dearth of historical data, available reports indicate that as much as 40% of the Federal workforce has participated in some form of AWS. The recently issued Federal Employee Viewpoint Survey Results for 2014 indicates that AWS is the single most popular work/life flexibility: 33% of responding employees participate in AWS. Employees consistently cite the scheduling flexibilities that AWS programs facilitate as a primary reason for increased morale and job motivation. Moreover, the Obama administration recently reinforced its support for AWS and other workplace flexibilities by requiring agency heads to make them available to the “maximum extent practicable.”

From a personal perspective, as both a former Office of Personnel Management attorney exposed to numerous agency policies and long-time AWS participant, I found that some form of AWS is widely available to Federal employees in the Washington, D.C. area. Moreover, employees occupying a broad range of clerical, professional, and supervisory job categories take advantage of AWS options where available.

Helpful Career Planning Tools 

Visit our other informative site

The information provided may not cover all aspects of unique or special circumstances, federal regulations, and programs are subject to change. Our articles and replies are time sensitive. Over time, various dynamic human resource guidance and factors relied upon as a basis for this article may change. The advice and strategies contained herein may not be suitable for your situation and this service is not affiliated with OPM or any federal entity. You should consult with school counselors, hiring agency personnel offices, and human resource professionals where appropriate. Neither the publisher or author shall be liable for any loss or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.

Federal Jobs and Compensation at Financial Regulatory Agencies

Posted on by David Scholl

Did you know that there are entire agencies paying their employees significantly higher than those with similar federal jobs in agencies paying pursuant to the General Schedule and Senior Executive Service salary scales? How do they do it and how can you get one of those jobs? Congress provided these agencies with the authority to establish their own pay and benefits programs. This article provides some insight into the amounts of pay and kinds of benefits/subsidies provided by Federal financial regulatory agencies as well as the most prevalent types of positions occupied at those agencies.

Who Are These Agencies?

Although there are a number of financial regulatory agencies, the largest and most well-known of these include the Commodities Futures Trading Commission (CFTC), the Consumer Financial Protection Bureau (CFPB), the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve Board (FRB), the National Credit Union Administration (NCUA), the Office of the Comptroller of the Currency (OCC), and the Securities and Exchange Commission (SEC).

Through a series of Congressional actions beginning with the FIRREA in 1989 (link) and ending most recently with the Dodd-Frank Act in 2011 (link), each of these agencies, other than the FRB, either is charged setting employee compensation comparable to the others, or, in the case of the CFPB, comparable to the FRB. The impact of these statutory provisions has resulted in a steady escalation to, and enhancement of, compensation at these agencies over the past twenty years. Superimposed on this comparability mandate is the fact that the National Treasury Employees Union (NTEU) currently negotiates compensation provisions on behalf of employees at each of these agencies other than the FRB and the CFTC, where a petition for representation is pending (check on this).

How Do Salaries Compare to the General Schedule?

By way of illustration, let’s look at some relevant statistics at the largest of these agencies, the FDIC, as compared to the rest of the government. The negotiated compensation agreement between the FDIC and NTEU covering 2010-2013 provides that basic non-supervisory/executive pay will be at least 10% and no more than 40% above comparable GS pay grades. Stated another way, the 2013 salary for a GS-12 (average grade for a Washington, D.C. area employee), Step 10 employee at most executive agencies was $78,355, while the maximum salary of a CG-12 FDIC employee was $109,697. In terms of an overall comparison, the average GS salary for 2013, including locality pay, was $79,030 while the average 2013 FDIC salary, including locality pay, was $123,710, a 56% increase.
Are There Different Benefits?
In addition to the significantly higher salary scales, the following links are some examples of the generous benefit programs provided by the financial regulatory agencies: separate 401(k) plans with agency contributions; distinct agency insurance programs covering health, life, vision, dental, and long-term disability; annual physical exam subsidies; and generous relocation programs. All of these benefits exist independent of the insurance plans and benefits available to other federal employees. Of particular significance is the fact that, besides having its own 401(k) savings plan, the FRB has its own unique pension plan, in which employees of the CFPB may also participate.

What Kinds of Jobs Are Available?

The workforce at these financial regulatory agencies largely consists of: Bank Examiners, Financial Analysts, Economists, Accountants, Attorneys and IT professionals. However, there are also numerous administrative positions in areas such as Human Resources (including Benefits, Labor & Employee Relations, Policy and Training), Equal Employment Opportunity, Procurement and Budget Operations. These administrative positions generally require no financial prerequisites and, as indicated above, are significantly more lucrative than their counterparts at other executive agencies.

Please visit the websites of each of the referenced agencies, usajobs, and search all federal sector and for related jobs by occupation and agency in order to see the full range of available positions.

Helpful Career Planning Tools 

Visit our other informative site

The information provided may not cover all aspects of unique or special circumstances, federal regulations, and programs are subject to change. Our articles and replies are time sensitive. Over time, various dynamic human resource guidance and factors relied upon as a basis for this article may change. The advice and strategies contained herein may not be suitable for your situation and this service is not affiliated with OPM or any federal entity. You should consult with school counselors, hiring agency personnel offices, and human resource professionals where appropriate. Neither the publisher or author shall be liable for any loss or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.

Direct Hire Authority For Federal Jobs

Posted on by David Scholl

It’s no surprise that many people interested in Federal jobs often are discouraged by the amount of time it can take to complete the hiring process. Following the closing date of a job announcement, the hiring timeline is affected by the rating and ranking process including the application of various hiring preferences, the interview process, reference checks, and the necessary background investigation. Despite efforts by the Obama administration, through the issuance of a Presidential Memorandum, and the U.S. Office of Personnel Management (OPM) to streamline the process, it may still take several months from the submission of an application until the first day of work.

A Direct-Hire Authority (DHA) is perhaps the most effective tool currently available to agencies seeking to expedite the hiring of qualified people in positions that must be filled quickly. The following discussion provides information on current government-wide authorities; outlines the nature of a DHA; indicates what an agency must do to obtain the authority; and explains what applicants should do in order to take advantage of a DHA.

Current Government-Wide Direct-Hire Authorities

At this time, agencies may take advantage of government-wide DHA related to the following occupations:

  • Medical positions (Diagnostic Radiologic Technologist, Medical Officer, Nurse, Pharmacist)
  • Veterinary Medical Officer
  • Information Technology Management (Information Security) positions
  • Federal Acquisition positions covering a broad range of contracting and purchasing jobs
  • Iraqi Reconstruction positions requiring fluency in Arabic or other Middle Eastern languages

Description of Authority

Under a DHA, an agency must demonstrate a severe shortage of candidates or critical hiring need. If one of these conditions applies, the agency is free to hire any qualified applicants into a competitive service position without regard to:

  • the normal rating and ranking process,
  • the application of veterans’ preference, or
  • the “rule of three” selection requirement, under which managers may only select from among the three highest-scoring applicants.

Although OPM may independently authorize a DHA for certain positions/locations, it is more common for individual agencies to submit a request based on their own unique sets of circumstances.

Required Information

In making a Direct-Hire request, an agency must be as specific as possible about the positions it seeks to fill in particular locations, as well as define the time-frame needed for use of the authority.

When making a request based on a severe shortage of candidates, the relevant regulation provides detailed guidance as to how an agency can demonstrate that the position(s) are difficult to fill. OPM finds the following to be the most significant types of evidence: documented results of relatively recent recruitment and training efforts including the use of other hiring authorities and incentives; reports from government organizations and trade associations regarding employment trends and skill shortages; and unique position requirements such as security clearance and medical training.

Under a critical hiring need request, an agency must document the basis for the need and submit evidence as to why the use of existing hiring authorities is impracticable or would be ineffective. Specifically, an agency must point to a provision of law, Presidential directive/initiative, declaration of national emergency, or other unforeseen circumstance that requires the immediate filling of vacancies. OPM also requires the agency to fully describe why other hiring authorities, or options such as transfers, details, or reassignments, cannot meet the immediate need.

Finding a Direct-Hire Position

Don’t be discouraged If you do not qualify for one of the available government-wide Direct-Hire positions. There are likely to be many more positions available as a result of specific agency grants of authority. Agencies must post all Direct-Hire vacancies on usajobs.gov. A recent search revealed over 300 Direct-Hire job postings. In order to insure that you’ve captured the full range of available positions, you should also visit the job postings portal on the website for any agency that hires people with your qualifications and is located in your geographic area(s) of interest.

By way of caution, the use of DHA is not free from controversy. As indicated above, its application negates veterans’ preference, and Congress recently scrutinized HHS’s filling of approximately 1800 Direct-Hire positions in connection with the Patient Protection and Affordable Care Act.

For detailed information regarding DHA, please see the fact sheet on OPM’s website.

Helpful Career Planning Tools 

Visit our other informative site

The information provided may not cover all aspects of unique or special circumstances, federal regulations, and programs are subject to change. Our articles and replies are time sensitive. Over time, various dynamic human resource guidance and factors relied upon as a basis for this article may change. The advice and strategies contained herein may not be suitable for your situation and this service is not affiliated with OPM or any federal entity. You should consult with school counselors, hiring agency personnel offices, and human resource professionals where appropriate. Neither the publisher or author shall be liable for any loss or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.

Entry Level Attorney Positions In the Federal Government

Posted on by David Scholl

Over the past several years, we’ve all read or seen numerous media reports about the ever shrinking pool of attorney positions available to law school graduates.  As a result of the sluggish economy, the private sector legal profession is reorganizing itself in dramatic ways to operate more efficiently in an environment marked by enhanced competition to obtain and retain clients.  In addition to holding down administrative costs and being more amenable to negotiated rates, private law firms are hiring fewer attorneys and contracting out many basic legal services.

There has been overall contraction in the number of new Federal sector attorney positions as well due to the cumulative effect of recent budget cuts and the heightened expectation of doing more with fewer resources. Nevertheless, the Federal government remains a viable employment alternative for law school students and graduates.

Anyone interested in pursuing a Federal sector position should take full advantage of their available law school resources, as well as contacting professors, current agency attorneys, and others willing to share their experiences and insights as to both pursuing an attorney position and what to expect once employed in that position.

What follows is a general description of the most effective ways to obtain that employment.

Legal Intern Position

Many agencies provide internship opportunities to students following completion of the first year of law school.  These internships are either paid or volunteer depending on the agency.  For example, the Department of Justice currently employs approximately 1800 unpaid interns and up to 70 paid interns. The best ways to become aware of these positions and their application requirements are through your law school placement office and the various agency websites.  Agencies commonly attend law school job fairs in order to gather resumes and conduct first-round interviews. Upon completion of a summer agency internship, students often receive opportunities for continued Federal experience throughout the school year.  These internships expose students to the internal workings of a General Counsel’s Office and, in many cases, provide much greater responsibility than they could obtain in the private sector.  Even though the vast majority of these jobs are unpaid, the experience gained can prove invaluable. Perhaps more importantly, students who perform highly during the internship can gain a decided advantage in the selection process for an Honors Attorney or other entry level attorney position upon graduation.

Honors Programs

Several agencies conduct an Honors Program designed to recruit top third-year law students, as well as recent graduates and judicial law clerks.  These Programs typically rotate attorneys through the various areas of agency legal practice over a two year period and offer a salary that exceeds entry-level pay.  Although permanent employment is not guaranteed, many of these agencies use the Honors Program as the primary source for filling attorney positions on a permanent basis.  Each agency website includes a wealth of information about their program details, including when to apply and what to expect if you are selected.  Some of the more notable Honors Attorney Programs are those offered by the Department of Justice, the Federal Deposit Insurance Corporation, the Federal Communications Commission, the National Labor Relations Board, and the Security and Exchange Commission.  For detailed information about which agencies offer such programs see this list provided by American University, Washington College of Law.

Entry Level Application

Recent law school graduates, particularly those with germane experience as a law clerk, may also find attorney positions for which they qualify through the usajobs.gov website or on the job postings portal of the particular agency(s).  Since attorney positions are in the “excepted service,” i.e., excepted from competitive examining, agencies may solicit applications through whatever mechanisms they determine to be most efficient including legal publications, newspapers, and job fairs.  Recent graduates may also be able to obtain a legal position through the relatively new Pathways Program. Those hired pursuant to the Recent Graduates portion of the Pathways Program enter a structured developmental program generally lasting one year.  At the program’s conclusion, the participant may be converted to a permanent position assuming successful completion of the requirements and the availability of a position.

In addition to the resources referenced above, please see the extensive information provided at http://www.psjd.org/Careers_in_Federal_Government.

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