III 

111TH CONGRESS 

2D SESSION S. RES. 700 

To provide for the approval of final regulations issued by the Office of 

Compliance to implement the Veterans Employment Opportunities Act 

of 1998 that apply to the Senate and employees of the Senate. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2010 

Mr. SCHUMER (for himself and Mr. BENNETT) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

To provide for the approval of final regulations issued by 

the Office of Compliance to implement the Veterans Employment Opportunities Act of 1998 that apply to the 

Senate and employees of the Senate. 

1 Resolved, That the following regulations issued by the 

2 Office of Compliance on March 21, 2008, and stated in 

3 section 4, with the technical corrections described in sec4 tion 3 and to the extent applied by section 2, are hereby 

5 approved: 

6 SEC. 2. APPLICATION OF REGULATIONS. 

7 (a) IN GENERAL.—For purposes of applying the 

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1 tion 304(a)(2)(B)(i) of the Congressional Accountability 

2 Act of 1995 (2 U.S.C. 1384(a)(2)(B)(i)), the portions of 

3 the issued regulations that are unclassified or classified 

4 with an ‘‘S’’ designation shall apply to the Senate and em5 ployees of the Senate. 

6 (b) DEFINITION.—In this section, the term ‘‘em7 ployee of the Senate’’ has the meaning given the term in 

8 section 101 of the Congressional Accountability Act of 

9 1995 (2 U.S.C. 1301), except as limited by the regulations 

10 (as corrected under section 3). 

11 SEC. 3. TECHNICAL CORRECTIONS. 

12 (a) CURRENT NAMES OF OFFICES AND HEADS OF

13 OFFICES.—A reference in the issued regulations— 

14 (1) to the Capitol Guide Board or the Capitol 

15 Guide Service (which no longer exist) shall be con16 sidered to be a reference to the Office of Congres17 sional Accessibility Services; 

18 (2) to the Capitol Police Board shall be consid19 ered to be a reference to the Capitol Police; 

20 (3) to the Senate Restaurants (which are no 

21 longer public entities) shall be disregarded; and 

22 (4) in sections 1.110(b) and 1.121(c), to the di23 rector of an employing office shall be considered to 

24 be a reference to the head of an employing office. 


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1 (b) CROSS REFERENCES TO PROVISIONS OF REGU2 LATIONS.—A reference in the issued regulations— 

3 (1) in paragraphs (l) and (m) of section 1.102, 

4 to subparagraphs (3) through (8) of paragraph (g) 

5 of that section shall be considered to be a reference 

6 to paragraph (g) of that section; 

7 (2) in section 1.102(l), to subparagraphs (aa) 

8 through (dd) of section 1.102(g) shall be considered 

9 to be a reference to subparagraphs (aa) through 

10 (dd) of that section (as specified in the regulations 

11 classified with an ‘‘H’’ classification); 

12 (3) in section 1.102(m), to subparagraphs (aa) 

13 through (ee) of section 1.102(g) shall be considered 

14 to be a reference to subparagraphs (aa) through (ee) 

15 of that section (as specified in the regulations classi16 fied with an ‘‘S’’ classification); 

17 (4) in section 1.111(d), to section 1.102(o) shall 

18 be considered to be a reference to section 1.102(p); 

19 and 

20 (5) in section 1.112, to section 1.102(h) shall 

21 be considered to be a reference to section 1.102(i). 

22 (c) CROSS REFERENCES TO OTHER PROVISIONS OF

23 LAW.—A reference in the issued regulations— 


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1 (1) to the Veterans Employment Opportunities 

2 Act shall be considered to be a reference to the Vet3 erans Employment Opportunities Act of 1998; 

4 (2) to 2 U.S.C. 43d(a) shall be considered to be 

5 a reference to section 105(a) of the Second Supple6 mental Appropriations Act, 1978; 

7 (3) to 2 U.S.C. 1316a(3) shall be considered to 

8 be a reference to section 4(c)(3) of the Veterans 

9 Employment Opportunities Act of 1998; 

10 (4) to 5 U.S.C. 2108(3)(c) shall be considered 

11 to be a reference to section 2108(3)(C) of title 5, 

12 United States Code; 

13 (5) to the Americans with Disabilities Act shall 

14 be considered to be a reference to the Americans 

15 with Disabilities Act of 1990; 

16 (6) to the Soil Conservation and Allotment Act 

17 shall be considered to be a reference to the Soil Con18 servation and Domestic Allotment Act; and 

19 (7) to the Agricultural Adjustment Act shall be 

20 considered to be a reference to the Agricultural Ad21 justment Act, reenacted with amendments by the 

22 Agricultural Marketing Agreement Act of 1937. 

23 (d) OTHER CORRECTIONS.—In the issued regula24 tions— 


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1 (1) in section 1.102(g)(1) (in the regulations 

2 classified with an ‘‘S’’ classification), the ‘‘and’’ at 

3 the end shall be disregarded; 

4 (2) section 1.102(g)(7) (in the regulations clas5 sified with an ‘‘S’’ classification) shall be considered 

6 to have an ‘‘or’’ at the end; 

7 (3) section 1.109 shall be considered to have an 

8 ‘‘and’’ after paragraph (a); 

9 (4) the second sentence of section 1.116 shall 

10 be disregarded; 

11 (5) section 1.118(b) shall be considered to have 

12 an ‘‘and’’ after paragraph (2) rather than paragraph 

13 (1); 

14 (6) a reference in sections 1.118(c)(1) and 

15 1.120(b)(1) to veterans’ ‘‘preference eligible’’ shall 

16 be considered to be a reference to ‘‘preference eligi17 ble’’; 

18 (7) sections 1.118(c) and 1.120(b) shall be con19 sidered to have an ‘‘and’’ after paragraph (1); and 

20 (8) section 1.121(b)(6)(B) shall be considered 

21 to have an ‘‘and’’ at the end. 

22 SEC. 4. REGULATIONS. 

23 When approved by the House of Representatives for 

24 the House of Representatives, these regulations will have 

25 the prefix ‘‘H.’’ When approved by the Senate for the 


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1 Senate, these regulations will have the prefix ‘‘S.’’ When 

2 approved by Congress for the other employing offices cov3 ered by the CAA, these regulations will have the prefix 

4 ‘‘C.’’ 

5 In this draft, ‘‘H&S Regs’’ denotes the 

6 provisions that would be included in the reg7 ulations applicable to be made applicable to 

8 the House and Senate, and ‘‘C Reg’’ denotes 

9 the provisions that would be included in the 

10 regulations to be made applicable to other 

11 employing offices. 

12 PART 1—Extension of Rights and Protections Re13 lating to Veterans’ Preference Under Title 5, United 

14 States Code, to Covered Employees of the Legislative 

15 Branch (section 4(c) of the Veterans Employment Oppor16 tunities Act of 1998) 

SUBPART A—MATTERS OF GENERAL APPLICABILITY TO ALL REGULATIONS

PROMULGATED UNDER SECTION 4 OF THE VEOA 

Sec. 

1.101 Purpose and scope. 

1.102 Definitions. 

1.103 Adoption of regulations. 

1.104 Coordination with section 225 of the Congressional Accountability Act. 

17 SEC. 1.101. PURPOSE AND SCOPE. 

18 (a) Section 4(c) of the VEOA. The Veterans Employ19 ment Opportunities Act (VEOA) applies the rights and 

20 protections of sections 2108, 3309 through 3312, and sub21 chapter I of chapter 35 of title 5 U.S.C., to certain covered 

22 employees within the Legislative branch. 


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1 (b) Purpose of regulations. The regulations set forth 

2 herein are the substantive regulations that the Board of 

3 Directors of the Office of Compliance has promulgated 

4 pursuant to section 4(c)(4) of the VEOA, in accordance 

5 with the rulemaking procedure set forth in section 304 of 

6 the CAA (2 U.S.C. § 1384). The purpose of subparts B, 

7 C and D of these regulations is to define veterans’ pref8 erence and the administration of veterans’ preference as 

9 applicable to Federal employment in the Legislative 

10 branch. (5 U.S.C. § 2108, as applied by the VEOA). The 

11 purpose of subpart E of these regulations is to ensure that 

12 the principles of the veterans’ preference laws are inte13 grated into the existing employment and retention policies 

14 and processes of those employing offices with employees 

15 covered by the VEOA, and to provide for transparency in 

16 the application of veterans’ preference in covered appoint17 ment and retention decisions. Provided, nothing in these 

18 regulations shall be construed so as to require an employ19 ing office to reduce any existing veterans’ preference 

20 rights and protections that it may afford to preference eli21 gible individuals. 

22 H Regs: (c) Scope of Regulations. The definition 

23 of ‘‘covered employee’’ in Section 4(c) of the VEOA lim24 its the scope of the statute’s applicability within the Leg25 islative branch. The term ‘‘covered employee’’ excludes 


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1 any employee: (1) whose appointment is made by the 

2 President with the advice and consent of the Senate; (2) 

3 whose appointment is made by a Member of Congress 

4 within an employing office, as defined by Sec. 101 (9)(A– 

5 C) of the CAA, 2 U.S.C. § 1301 (9)(A–C) or; (3) whose 

6 appointment is made by a committee or subcommittee of 

7 either House of Congress or a joint committee of the 

8 House of Representatives and the Senate; or (4) who is 

9 appointed to a position, the duties of which are equiva10 lent to those of a Senior Executive Service position (with11 in the meaning of section 3132(a)(2) of title 5, United 

12 States Code). Accordingly, these regulations shall not 

13 apply to any employing office that only employs individ14 uals excluded from the definition of covered employee. 

15 S Regs: (c) Scope of Regulations. The definition 

16 of ‘‘covered employee’’ in Section 4(c) of the VEOA lim17 its the scope of the statute’s applicability within the Leg18 islative branch. The term ‘‘covered employee’’ excludes 

19 any employee: (1) whose appointment is made by the 

20 President with the advice and consent of the Senate; (2) 

21 whose appointment is made or directed by a Member of 

22 Congress within an employing office, as defined by Sec. 

23 101(9)(A–C) of the CAA, 2 U.S.C. § 1301 (9)(A–C) or; 

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1 mittee of the House of Representatives and the Senate; 

2 (4) who is appointed pursuant to 2 U.S.C. § 43d(a); or 

3 (5) who is appointed to a position, the duties of which 

4 are equivalent to those of a Senior Executive Service po5 sition (within the meaning of section 3132(a)(2) of title 

6 5, United States Code). Accordingly, these regulations 

7 shall not apply to any employing office that only employs 

8 individuals excluded from the definition of covered em9 ployee. 

10 C Reg: (c) Scope of Regulations. The definition 

11 of ‘‘covered employee’’ in Section 4(c) of the VEOA lim12 its the scope of the statute’s applicability within the Leg13 islative branch. The term ‘‘covered employee’’ excludes 

14 any employee: (1) whose appointment is made by the 

15 President with the advice and consent of the Senate; (2) 

16 whose appointment is made by a Member of Congress or 

17 by a committee or subcommittee of either House of Con18 gress or a joint committee of the House of Representa19 tives and the Senate; or (3) who is appointed to a posi20 tion, the duties of which are equivalent to those of a Sen21 ior Executive Service position (within the meaning of sec22 tion 3132(a)(2) of title 5, United States Code). Accord23 ingly, these regulations shall not apply to any employing 

24 office that only employs individuals excluded from the 

25 definition of covered employee. 


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1 SEC. 1.102. DEFINITIONS. 

2 Except as otherwise provided in these regulations, as 

3 used in these regulations: 

4 (a) Accredited physician means a doctor of medicine 

5 or osteopathy who is authorized to practice medicine or 

6 surgery (as appropriate) by the State in which the doctor 

7 practices. The phrase ‘‘authorized to practice by the 

8 State’’ as used in this section means that the provider 

9 must be authorized to diagnose and treat physical or men10 tal health conditions without supervision by a doctor or 

11 other health care provider. 

12 (b) Act or CAA means the Congressional Account13 ability Act of 1995, as amended (Pub. L. 104–1, 109 Stat. 

14 3, 2 U.S.C. §§ 1301–1438). 

15 (c) Active duty or active military duty means full-time 

16 duty with military pay and allowances in the armed forces, 

17 except (1) for training or for determining physical fitness 

18 and (2) for service in the Reserves or National Guard. 

19 (d) Appointment means an individual’s appointment 

20 to employment in a covered position, but does not include 

21 any personnel action that an employing office takes with 

22 regard to an existing employee of the employing office. 

23 (e) Armed forces means the United States Army, 

24 Navy, Air Force, Marine Corps, and Coast Guard. 

25 (f) Board means the Board of Directors of the Office 

26 of Compliance. 


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1 H Regs: (g) Covered employee means any em2 ployee of (1) the House of Representatives; and (2) the 

3 Senate; (3) the Capitol Guide Board; (4) the Capitol Po4 lice Board; (5) the Congressional Budget Office; (6) the 

5 Office of the Architect of the Capitol; (7) the Office of 

6 the Attending Physician; and (8) the Office of Compli7 ance, but does not include an employee (aa) whose ap8 pointment is made by the President with the advice and 

9 consent of the Senate; (bb) whose appointment is made 

10 by a Member of Congress; (cc) whose appointment is 

11 made by a committee or subcommittee of either House of 

12 Congress or a joint committee of the House of Represent13 atives and the Senate; or (dd) who is appointed to a posi14 tion, the duties of which are equivalent to those of a Sen15 ior Executive Service position (within the meaning of sec16 tion 3132(a)(2) of title 5, United States Code). The term 

17 covered employee includes an applicant for employment in 

18 a covered position and a former covered employee. 

19 S. Regs: (g) Covered employee means any em20 ployee of (1) the House of Representatives; and (2) the 

21 Senate; (3) the Capitol Guide Board; (4) the Capitol Po22 lice Board; (5) the Congressional Budget Office; (6) the 

23 Office of the Architect of the Capitol; (7) the Office of 

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1 pointment is made by the President with the advice and 

2 consent of the Senate; (bb) whose appointment is made 

3 or directed by a Member of Congress; (cc) whose appoint4 ment is made by a committee or subcommittee of either 

5 House of Congress or a joint committee of the House of 

6 Representatives and the Senate; (dd) who is appointed 

7 pursuant to 2 U.S.C. § 43d(a); or (ee) who is appointed 

8 to a position, the duties of which are equivalent to those 

9 of a Senior Executive Service position (within the mean10 ing of section 3132(a)(2) of title 5, United States Code). 

11 The term covered employee includes an applicant for em12 ployment in a covered position and a former covered em13 ployee. 

14 C Reg: (g) Covered employee means any employee 

15 of (1) the Capitol Guide Service; (2) the Capitol Police; 

16 (3) the Congressional Budget Office; (4) the Office of the 

17 Architect of the Capitol; (5) the Office of the Attending 

18 Physician; or (6) the Office of Compliance, but does not 

19 include an employee: (aa) whose appointment is made by 

20 the President with the advice and consent of the Senate; 

21 or (bb) whose appointment is made by a Member of Con22 gress or by a committee or subcommittee of either House 

23 of Congress or a joint committee of the House of Rep24 resentatives and the Senate; or (cc) who is appointed to 

25 a position, the duties of which are equivalent to those of 


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1 a Senior Executive Service position (within the meaning 

2 of section 3132(a)(2) of title 5, United States Code). The 

3 term covered employee includes an applicant for employ4 ment in a covered position and a former covered em5 ployee. 

6 (h) Covered position means any position that is or 

7 will be held by a covered employee. 

8 (i) Disabled veteran means a person who was sepa9 rated under honorable conditions from active duty in the 

10 armed forces performed at any time and who has estab11 lished the present existence of a service-connected dis12 ability or is receiving compensation, disability retirement 

13 benefits, or pensions because of a public statute adminis14 tered by the Department of Veterans Affairs or a military 

15 department. 

16 (j) Employee of the Office of the Architect of the 

17 Capitol includes any employee of the Office of the Archi18 tect of the Capitol, the Botanic Gardens, or the Senate 

19 Restaurants. 

20 (k) Employee of the Capitol Police Board includes 

21 any member or officer of the Capitol Police. 

22 (l) Employee of the House of Representatives in23 cludes an individual occupying a position the pay of which 

24 is disbursed by the Clerk of the House of Representatives, 

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1 tives, or any employment position in an entity that is paid 

2 with funds derived from the clerk-hire allowance of the 

3 House of Representatives but not any such individual em4 ployed by any entity listed in subparagraphs (3) through 

5 (8) of paragraph (g) above nor any individual described 

6 in subparagraphs (aa) through (dd) of paragraph (g) 

7 above. 

8 (m) Employee of the Senate includes any employee 

9 whose pay is disbursed by the Secretary of the Senate, 

10 but not any such individual employed by any entity listed 

11 in subparagraphs (3) through (8) of paragraph (g) above 

12 nor any individual described in subparagraphs (aa) 

13 through (ee) of paragraph (g) above. 

14 H Regs: (n) Employing office means: (1) the per15 sonal office of a Member of the House of Representa16 tives; (2) a committee of the House of Representatives or 

17 a joint committee of the House of Representatives and 

18 the Senate; or (3) any other office headed by a person 

19 with the final authority to appoint, hire, discharge, and 

20 set the terms, conditions, or privileges of the employment 

21 of an employee of the House of Representatives or the 

22 Senate. 

23 S Regs: (n) Employing office means: (1) the per24 sonal office of a Senator; (2) a committee of the Senate 

25 or a joint committee of the House of Representatives and 


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1 the Senate; or (3) any other office headed by a person 

2 with the final authority to appoint, or be directed by a 

3 Member of Congress to appoint, hire, discharge, and set 

4 the terms, conditions, or privileges of the employment of 

5 an employee of the House of Representatives or the Sen6 ate. 

7 C Reg: (n) Employing office means: the Capitol 

8 Guide Board, the Capitol Police Board, the Congressional 

9 Budget Office, the Office of the Architect of the Capitol, 

10 the Office of the Attending Physician, and the Office of 

11 Compliance. 

12 (o) Office means the Office of Compliance. 

13 (p) Preference eligible means veterans, spouses, wid14 ows, widowers or mothers who meet the definition of 

15 ‘‘preference eligible’’ in 5 U.S.C. § 2108(3)(A)–(G). 

16 (q) Qualified applicant means an applicant for a cov17 ered position whom an employing office deems to satisfy 

18 the requisite minimum job-related requirements of the po19 sition. Where the employing office uses an entrance exam20 ination or evaluation for a covered position that is numeri21 cally scored, the term ‘‘qualified applicant’’ shall mean 

22 that the applicant has received a passing score on the ex23 amination or evaluation. 

24 (r) Separated under honorable conditions means ei25 ther an honorable or a general discharge from the armed 


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1 forces. The Department of Defense is responsible for ad2 ministering and defining military discharges. 

3 (s) Uniformed services means the armed forces, the 

4 commissioned corps of the Public Health Service, and the 

5 commissioned corps of the National Oceanic and Atmos6 pheric Administration. 

7 (t) VEOA means the Veterans Employment Opportu8 nities Act of 1998 (Pub. L. 105–339, 112 Stat. 3182). 

9 (u) Veterans means persons as defined in 5 U.S.C. 

10 § 2108(1), or any superseding legislation. 

11 SEC. 1.103. ADOPTION OF REGULATIONS. 

12 (a) Adoption of regulations. Section 4(c)(4)(A) of the 

13 VEOA generally authorizes the Board to issue regulations 

14 to implement section 4(c). In addition, section 4(c)(4)(B) 

15 of the VEOA directs the Board to promulgate regulations 

16 that are ‘‘the same as the most relevant substantive regu17 lations (applicable with respect to the Executive branch) 

18 promulgated to implement the statutory provisions re19 ferred to in paragraph (2)’’ of section 4(c) of the VEOA. 

20 Those statutory provisions are section 2108, sections 3309 

21 through 3312, and subchapter I of chapter 35, of title 5, 

22 United States Code. The regulations issued by the Board 

23 herein are on all matters for which section 4(c)(4)(B) of 

24 the VEOA requires a regulation to be issued. Specifically, 

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1 mation available to it at the time of promulgation of these 

2 regulations, that, with the exception of the regulations 

3 adopted and set forth herein, there are no other ‘‘sub4 stantive regulations (applicable with respect to the Execu5 tive branch) promulgated to implement the statutory pro6 visions referred to in paragraph (2)’’ of section 4(c) of 

7 the VEOA that need be adopted. 

8 (b) Modification of substantive regulations. As a 

9 qualification to the statutory obligation to issue regula10 tions that are ‘‘the same as the most substantive regula11 tions (applicable with respect to the Executive branch)’’, 

12 section 4(c)(4)(B) of the VEOA authorizes the Board to 

13 ‘‘determine, for good cause shown and stated together 

14 with the regulation, that a modification of such regula15 tions would be more effective for the implementation of 

16 the rights and protections under’’ section 4(c) of the 

17 VEOA. 

18 (c) Rationale for Departure from the Most Relevant 

19 Executive Branch Regulations. The Board concludes that 

20 it must promulgate regulations accommodating the human 

21 resource systems existing in the Legislative branch; and 

22 that such regulations must take into account the fact that 

23 the Board does not possess the statutory and Executive 

24 Order based government-wide policy making authority un25 derlying OPM’s counterpart VEOA regulations governing 


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1 the Executive branch. OPM’s regulations are designed for 

2 the competitive service (defined in 5 U.S.C. § 2102(a)(2)), 

3 which does not exist in the employing offices subject to 

4 this regulation. Therefore, to follow the OPM regulations 

5 would create detailed and complex rules and procedures 

6 for a workforce that does not exist in the Legislative 

7 branch, while providing no VEOA protections to the cov8 ered Legislative branch employees. We have chosen to pro9 pose specially tailored regulations, rather than simply to 

10 adopt those promulgated by OPM, so that we may effec11 tuate Congress’ intent in extending the principles of the 

12 veterans’ preference laws to the Legislative branch 

13 through the VEOA. 

14 SEC. 1.104. COORDINATION WITH SECTION 225 OF THE CON15 GRESSIONAL ACCOUNTABILITY ACT. 

16 Statutory directive. Section 4(c)(4)(C) of the VEOA 

17 requires that promulgated regulations must be consistent 

18 with section 225 of the CAA. Among the relevant provi19 sions of section 225 are subsection (f)(1), which pre20 scribes as a rule of construction that definitions and ex21 emptions in the laws made applicable by the CAA shall 

22 apply under the CAA, and subsection (f)(3), which states 

23 that the CAA shall not be considered to authorize en24 forcement of the CAA by the Executive branch. 

SUBPART B—VETERANS’ PREFERENCE—GENERAL PROVISIONS

Sec. 


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1.105 Responsibility for administration of veterans’ preference. 

1.106 Procedures for bringing claims under the VEOA. 

1 SEC. 1.105. RESPONSIBILITY FOR ADMINISTRATION OF VET2 ERANS’ PREFERENCE. 

3 Subject to section 1.106, employing offices with cov4 ered employees or covered positions are responsible for 

5 making all veterans’ preference determinations, con6 sistent with the VEOA. 

7 SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS UNDER 

8 THE VEOA. 

9 Applicants for appointment to a covered position and 

10 covered employees may contest adverse veterans’ pref11 erence determinations, including any determination that 

12 a preference eligible applicant is not a qualified applicant, 

13 pursuant to sections 401–416 of the CAA, 2 U.S.C. 

14 §§ 1401–1416, and provisions of law referred to therein; 

15 206a(3) of the CAA, 2 U.S.C. §§ 1401, 1316a(3); and 

16 the Office’s Procedural Rules. 

SUBPART C—VETERANS’ PREFERENCE IN APPOINTMENTS

Sec. 

1.107 Veterans’ preference in appointments to restricted covered positions. 

1.108 Veterans’ preference in appointments to non-restricted covered positions. 

1.109 Crediting experience in appointments to covered positions. 

1.110 Waiver of physical requirements in appointments to covered positions. 

17 SEC. 1.107. VETERANS’ PREFERENCE IN APPOINTMENTS TO 

18 RESTRICTED POSITIONS. 

19 In each appointment action for the positions of cus20 todian, elevator operator, guard, and messenger (as de21 fined below and collectively referred to in these regulaVerDate Mar 15 2010 22:33 Dec 14, 2010 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\SR700.ATS SR700

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1 tions as restricted covered positions) employing offices 

2 shall restrict competition to preference eligible applicants 

3 as long as qualified preference eligible applicants are 

4 available. The provisions of sections 1.109 and 1.110 

5 below shall apply to the appointment of a preference eli6 gible applicant to a restricted covered position. The provi7 sions of section 1.108 shall apply to the appointment of 

8 a preference eligible applicant to a restricted covered po9 sition, in the event that there is more than one preference 

10 eligible applicant for the position. 

11 Custodian—One whose primary duty is the perform12 ance of cleaning or other ordinary routine maintenance 

13 duties in or about a government building or a building 

14 under Federal control, park, monument, or other Federal 

15 reservation. 

16 Elevator operator—One whose primary duty is the 

17 running of freight or passenger elevators. The work in18 cludes opening and closing elevator gates and doors, 

19 working elevator controls, loading and unloading the eleva20 tor, giving information and directions to passengers such 

21 as on the location of offices, and reporting problems in 

22 running the elevator. 

23 Guard—One whose primary duty is the assignment 

24 to a station, beat, or patrol area in a Federal building 

25 or a building under Federal control to prevent illegal 


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1 entry of persons or property; or required to stand watch 

2 at or to patrol a Federal reservation, industrial area, or 

3 other area designated by Federal authority, in order to 

4 protect life and property; make observations for detection 

5 of fire, trespass, unauthorized removal of public property 

6 or hazards to Federal personnel or property. The term 

7 guard does not include law enforcement officer positions 

8 of the Capitol Police Board. 

9 Messenger—One whose primary duty is the super10 vision or performance of general messenger work (such as 

11 running errands, delivering messages, and answering call 

12 bells). 

13 SEC. 1.108. VETERANS’ PREFERENCE IN APPOINTMENTS TO 

14 NON-RESTRICTED COVERED POSITIONS. 

15 (a) Where an employing office has duly adopted a pol16 icy requiring the numerical scoring or rating of applicants 

17 for covered positions, the employing office shall add points 

18 to the earned ratings of those preference eligible appli19 cants who receive passing scores in an entrance examina20 tion, in a manner that is proportionately comparable to 

21 the points prescribed in 5 U.S.C. § 3309. For example, 

22 five preference points shall be granted to preference eligi23 ble applicants in a 100-point system, one point shall be 

24 granted in a 20-point system, and so on. 


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1 (b) In all other situations involving appointment to 

2 a covered position, employing offices shall consider vet3 erans’ preference eligibility as an affirmative factor in the 

4 employing office’s determination of who will be appointed 

5 from among qualified applicants. 

6 SEC. 1.109. CREDITING EXPERIENCE IN APPOINTMENTS TO 

7 COVERED POSITIONS. 

8 When considering applicants for covered positions in 

9 which experience is an element of qualification, employing 

10 offices shall provide preference eligible applicants with 

11 credit: 

12 (a) for time spent in the military service (1) as an 

13 extension of time spent in the position in which the appli14 cant was employed immediately before his/her entrance 

15 into the military service, or (2) on the basis of actual du16 ties performed in the military service, or (3) as a combina17 tion of both methods. Employing offices shall credit time 

18 spent in the military service according to the method that 

19 will be of most benefit to the preference eligible applicant. 

20 (b) for all experience material to the position for 

21 which the applicant is being considered, including experi22 ence gained in religious, civic, welfare, service, and organi23 zational activities, regardless of whether he/she received 

24 pay therefor. 


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1 SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS IN AP2 POINTMENTS TO COVERED POSITIONS. 

3 (a) Subject to (c) below, in determining qualifications 

4 of a preference eligible for appointment, an employing of5 fice shall waive: 

6 (1) with respect to a preference eligible appli7 cant, requirements as to age, height, and weight, un8 less the requirement is essential to the performance 

9 of the duties of the position; and 

10 (2) with respect to a preference eligible appli11 cant to whom it has made a conditional offer of em12 ployment, physical requirements if, in the opinion of 

13 the employing office, on the basis of evidence before 

14 it, including any recommendation of an accredited 

15 physician submitted by the preference eligible appli16 cant, the preference eligible applicant is physically 

17 able to perform efficiently the duties of the position; 

18 (b) Subject to (c) below, if an employing office deter19 mines, on the basis of evidence before it, including any 

20 recommendation of an accredited physician submitted by 

21 the preference eligible applicant, that an applicant to 

22 whom it has made a conditional offer of employment is 

23 preference eligible as a disabled veteran as described in 

24 5 U.S.C. § 2108(3)(c) and who has a compensable service25 connected disability of 30 percent or more is not able to 

26 fulfill the physical requirements of the covered position, 


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1 the employing office shall notify the preference eligible ap2 plicant of the reasons for the determination and of the 

3 right to respond and to submit additional information to 

4 the employing office, within 15 days of the date of the 

5 notification. The director of the employing office may, by 

6 providing written notice to the preference eligible appli7 cant, shorten the period for submitting a response with 

8 respect to an appointment to a particular covered position, 

9 if necessary because of a need to fill the covered position 

10 immediately. Should the preference eligible applicant make 

11 a timely response, the highest ranking individual or group 

12 of individuals with authority to make employment deci13 sions on behalf of the employing office shall render a final 

14 determination of the physical ability of the preference eli15 gible applicant to perform the duties of the position, tak16 ing into account the response and any additional informa17 tion provided by the preference eligible applicant. When 

18 the employing office has completed its review of the pro19 posed disqualification on the basis of physical disability, 

20 it shall send its findings to the preference eligible appli21 cant. 

22 (c) Nothing in this section shall relieve an employing 

23 office of any obligations it may have pursuant to the 

24 Americans with Disabilities Act (42 U.S.C. § 12101 et 


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1 seq.) as applied by section 102(a)(3) of the Act, 2 U.S.C. 

2 § 1302(a)(3). 

SUBPART D—VETERANS’ PREFERENCE IN REDUCTIONS IN FORCE

Sec. 

1.111. Definitions applicable in reductions in force. 

1.112. Application of preference in reductions in force. 

1.113. Crediting experience in reductions in force. 

1.114. Waiver of physical requirements in reductions in force. 

1.115. Transfer of functions. 

3 SEC. 1.111. DEFINITIONS APPLICABLE IN REDUCTIONS IN 

4 FORCE. 

5 (a) Competing covered employees are the covered em6 ployees within a particular position or job classification, 

7 at or within a particular competitive area, as those terms 

8 are defined below. 

9 (b) Competitive area is that portion of the employing 

10 office’s organizational structure, as determined by the em11 ploying office, in which covered employees compete for re12 tention. A competitive area must be defined solely in terms 

13 of the employing office’s organizational unit(s) and geo14 graphical location, and it must include all employees with15 in the competitive area so defined. A competitive area may 

16 consist of all or part of an employing office. The minimum 

17 competitive area is a department or subdivision of the em18 ploying office within the local commuting area. 

19 (c) Position classifications or job classifications are 

20 determined by the employing office, and shall refer to all 

21 covered positions within a competitive area that are in the 

22 same grade, occupational level or classification, and which 


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1 are similar enough in duties, qualification requirements, 

2 pay schedules, tenure (type of appointment) and working 

3 conditions so that an employing office may reassign the 

4 incumbent of one position to any of the other positions 

5 in the position classification without undue interruption. 

6 (d) Preference Eligibles. For the purpose of applying 

7 veterans’ preference in reductions in force, except with re8 spect to the application of section 1.114 of these regula9 tions regarding the waiver of physical requirements, the 

10 following shall apply: 

11 (1) ‘‘active service’’ has the meaning given it by 

12 section 101 of title 37; 

13 (2) ‘‘a retired member of a uniformed service’’ 

14 means a member or former member of a uniformed 

15 service who is entitled, under statute, to retired, re16 tirement, or retainer pay on account of his/her serv17 ice as such a member; and 

18 (3) a preference eligible covered employee who 

19 is a retired member of a uniformed service is consid20 ered a preference eligible only if 

21 (A) his/her retirement was based on dis22 ability— 

23 (i) resulting from injury or disease re24 ceived in line of duty as a direct result of 

25 armed conflict; or 


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1 (ii) caused by an instrumentality of 

2 war and incurred in the line of duty during 

3 a period of war as defined by sections 101 

4 and 1101 of title 38; 

5 (B) his/her service does not include twenty 

6 or more years of full-time active service, regard7 less of when performed but not including peri8 ods of active duty for training; or 

9 (C) on November 30, 1964, he/she was em10 ployed in a position to which this subchapter 

11 applies and thereafter he/she continued to be so 

12 employed without a break in service of more 

13 than 30 days. 

14 The definition of ‘‘preference eligible’’ as set forth in 

15 5 U.S.C § 2108 and section 1.102(o) of these regulations 

16 shall apply to waivers of physical requirements in deter17 mining an employee’s qualifications for retention under 

18 section 1.114 of these regulations. 

19 H&S Regs: (e) Reduction in force is any termi20 nation of a covered employee’s employment or the reduc21 tion in pay and/or position grade of a covered employee 

22 for more than 30 days and that may be required for 

23 budgetary or workload reasons, changes resulting from 

24 reorganization, or the need to make room for an em25 ployee with reemployment or restoration rights. The term 


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1 ‘‘reduction in force’’ does not encompass a termination or 

2 other personnel action: (1) predicated upon performance, 

3 conduct or other grounds attributable to an employee, or 

4 (2) involving an employee who is employed by the em5 ploying office on a temporary basis, or (3) attributable to 

6 a change in party leadership or majority party status 

7 within the House of Congress where the employee is em8 ployed. 

9 C Reg: (e) Reduction in force is any termination 

10 of a covered employee’s employment or the reduction in 

11 pay and/or position grade of a covered employee for more 

12 than 30 days and that may be required for budgetary or 

13 workload reasons, changes resulting from reorganization, 

14 or the need to make room for an employee with reemploy15 ment or restoration rights. The term ‘‘reduction in force’’ 

16 does not encompass a termination or other personnel ac17 tion: (1) predicated upon performance, conduct or other 

18 grounds attributable to an employee, or (2) involving an 

19 employee who is employed by the employing office on a 

20 temporary basis. 

21 (f) Undue interruption is a degree of interruption 

22 that would prevent the completion of required work by a 

23 covered employee 90 days after the employee has been 

24 placed in a different position under this part. The 90-day 

25 standard should be considered within the allowable limits 


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1 of time and quality, taking into account the pressures of 

2 priorities, deadlines, and other demands. However, work 

3 generally would not be considered to be unduly interrupted 

4 if a covered employee needs more than 90 days after the 

5 reduction in force to perform the optimum quality or 

6 quantity of work. The 90-day standard may be extended 

7 if placement is made under this part to a program ac8 corded low priority by the employing office, or to a vacant 

9 position. 

10 SEC. 1.112. APPLICATION OF PREFERENCE IN REDUCTIONS 

11 IN FORCE. 

12 Prior to carrying out a reduction in force that will 

13 affect covered employees, employing offices shall deter14 mine which, if any, covered employees within a particular 

15 group of competing covered employees are entitled to vet16 erans’ preference eligibility status in accordance with 

17 these regulations. In determining which covered employ18 ees will be retained, employing offices will treat veterans’ 

19 preference as the controlling factor in retention decisions 

20 among such competing covered employees, regardless of 

21 length of service or performance, provided that the pref22 erence eligible employee’s performance has not been de23 termined to be unacceptable. Provided, a preference eligi24 ble employee who is a ‘‘disabled veteran’’ under section 

25 1.102(h) above who has a compensable service-connected 


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1 disability of 30 percent or more and whose performance 

2 has not been determined to be unacceptable by an em3 ploying office is entitled to be retained in preference to 

4 other preference eligible employees. Provided, this section 

5 does not relieve an employing office of any greater obliga6 tion it may be subject to pursuant to the Worker Adjust7 ment and Retraining Notification Act (29 U.S.C. § 2101 

8 et seq.) as applied by section 102(a)(9) of the CAA, 2 

9 U.S.C. § 1302(a)(9). 

10 SEC. 1.113. CREDITING EXPERIENCE IN REDUCTIONS IN 

11 FORCE. 

12 In computing length of service in connection with a 

13 reduction in force, the employing office shall provide 

14 credit to preference eligible covered employees as follows: 

15 (a) a preference eligible covered employee who is not 

16 a retired member of a uniformed service is entitled to cred17 it for the total length of time in active service in the armed 

18 forces; 

19 (b) a preference eligible covered employee who is a 

20 retired member of a uniformed service is entitled to credit 

21 for: 

22 (1) the length of time in active service in the 

23 armed forces during a war, or in a campaign or ex24 pedition for which a campaign badge has been au25 thorized; or 


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1 (2) the total length of time in active service in 

2 the armed forces if he is included under 5 U.S.C. 

3 § 3501(a)(3)(A), (B), or (C); and 

4 (c) a preference eligible covered employee is entitled 

5 to credit for: 

6 (1) service rendered as an employee of a county 

7 committee established pursuant to section 8(b) of 

8 the Soil Conservation and Allotment Act or of a 

9 committee or association of producers described in 

10 section 10(b) of the Agricultural Adjustment Act; 

11 and 

12 (2) service rendered as an employee described 

13 in 5 U.S.C. § 2105(c) if such employee moves or has 

14 moved, on or after January 1, 1966, without a break 

15 in service of more than 3 days, from a position in 

16 a nonappropriated fund instrumentality of the De17 partment of Defense or the Coast Guard to a posi18 tion in the Department of Defense or the Coast 

19 Guard, respectively, that is not described in 5 U.S.C. 

20 § 2105(c). 

21 SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS IN RE22 DUCTIONS IN FORCE. 

23 (a) If an employing office determines, on the basis 

24 of evidence before it, that a covered employee is preference 

25 eligible, the employing office shall waive, in determining 


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1 the covered employee’s retention status in a reduction in 

2 force: 

3 (1) requirements as to age, height, and weight, 

4 unless the requirement is essential to the perform5 ance of the duties of the position; and 

6 (2) physical requirements if, in the opinion of 

7 the employing office, on the basis of evidence before 

8 it, including any recommendation of an accredited 

9 physician submitted by the employee, the preference 

10 eligible covered employee is physically able to per11 form efficiently the duties of the position. 

12 (b) If an employing office determines that a covered 

13 employee who is a preference eligible as a disabled veteran 

14 as described in 5 U.S.C. § 2108(3)(c) and has a compen15 sable service-connected disability of 30 percent or more is 

16 not able to fulfill the physical requirements of the covered 

17 position, the employing office shall notify the preference 

18 eligible covered employee of the reasons for the determina19 tion and of the right to respond and to submit additional 

20 information to the employing office within 15 days of the 

21 date of the notification. Should the preference eligible cov22 ered employee make a timely response, the highest ranking 

23 individual or group of individuals with authority to make 

24 employment decisions on behalf of the employing office, 

25 shall render a final determination of the physical ability 


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1 of the preference eligible covered employee to perform the 

2 duties of the covered position, taking into account the evi3 dence before it, including the response and any additional 

4 information provided by the preference eligible. When the 

5 employing office has completed its review of the proposed 

6 disqualification on the basis of physical disability, it shall 

7 send its findings to the preference eligible covered em8 ployee. 

9 (c) Nothing in this section shall relieve an employing 

10 office of any obligation it may have pursuant to the Ameri11 cans with Disabilities Act (42 U.S.C. § 12101 et seq.) as 

12 applied by section 102(a)(3) of the CAA, 2 U.S.C. 

13 § 1302(a)(3). 

14 SEC. 1.115. TRANSFER OF FUNCTIONS. 

15 (a) When a function is transferred from one employ16 ing office to another employing office, each covered em17 ployee in the affected position classifications or job classi18 fications in the function that is to be transferred shall be 

19 transferred to the receiving employing office for employ20 ment in a covered position for which he/she is qualified 

21 before the receiving employing office may make an ap22 pointment from another source to that position. 

23 (b) When one employing office is replaced by another 

24 employing office, each covered employee in the affected po25 sition classifications or job classifications in the employing 


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1 office to be replaced shall be transferred to the replacing 

2 employing office for employment in a covered position for 

3 which he/she is qualified before the replacing employing 

4 office may make an appointment from another source to 

5 that position. 

SUBPART E—ADOPTION OF VETERANS’ PREFERENCE POLICIES, 

RECORDKEEPING & INFORMATIONAL REQUIREMENTS. 

Sec. 

1.116. Adoption of veterans’ preference policy. 

1.117. Preservation of records made or kept. 

1.118. Dissemination of veterans’ preference policies to applicants for covered 

positions. 

1.119. Information regarding veterans’ preference determinations in appointments. 

1.120. Dissemination of veterans’ preference policies to covered employees. 

1.121. Written notice prior to a reduction in force. 

6 SEC. 1.116. ADOPTION OF VETERANS’ PREFERENCE POLICY. 

7 No later than 120 calendar days following Congres8 sional approval of this regulation, each employing office 

9 that employs one or more covered employees or that 

10 seeks applicants for a covered position shall adopt its 

11 written policy specifying how it has integrated the vet12 erans’ preference requirements of the Veterans Employ13 ment Opportunities Act of 1998 and these regulations 

14 into its employment and retention processes. Upon timely 

15 request and the demonstration of good cause, the Execu16 tive Director, in his/her discretion, may grant such an 

17 employing office additional time for preparing its policy. 

18 Each such employing office will make its policies avail19 able to applicants for appointment to a covered position 

20 and to covered employees in accordance with these reguVerDate Mar 15 2010 22:33 Dec 14, 2010 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\SR700.ATS SR700

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1 lations. The act of adopting a veterans’ preference policy 

2 shall not relieve any employing office of any other respon3 sibility or requirement of the Veterans Employment Op4 portunity Act of 1998 or these regulations. An employing 

5 office may amend or replace its veterans’ preference poli6 cies as it deems necessary or appropriate, so long as the 

7 resulting policies are consistent with the VEOA and these 

8 regulations. 

9 SEC. 1.117. PRESERVATION OF RECORDS MADE OR KEPT. 

10 An employing office that employs one or more cov11 ered employees or that seeks applicants for a covered po12 sition shall maintain any records relating to the applica13 tion of its veterans’ preference policy to applicants for 

14 covered positions and to workforce adjustment decisions 

15 affecting covered employees for a period of at least one 

16 year from the date of the making of the record or the 

17 date of the personnel action involved or, if later, one year 

18 from the date on which the applicant or covered employee 

19 is notified of the personnel action. Where a claim has 

20 been brought under section 401 of the CAA against an 

21 employing office under the VEOA, the respondent em22 ploying office shall preserve all personnel records relevant 

23 to the claim until final disposition of the claim. The term 

24 ‘‘personnel records relevant to the claim’’, for example, 

25 would include records relating to the veterans’ preference 


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1 determination regarding the person bringing the claim 

2 and records relating to any veterans’ preference deter3 minations regarding other applicants for the covered posi4 tion the person sought, or records relating to the vet5 erans’ preference determinations regarding other covered 

6 employees in the person’s position or job classification. 

7 The date of final disposition of the charge or the action 

8 means the latest of the date of expiration of the statutory 

9 period within which the aggrieved person may file a com10 plaint with the Office or in a U.S. District Court or, 

11 where an action is brought against an employing office 

12 by the aggrieved person, the date on which such litigation 

13 is terminated. 

14 SEC. 1.118. DISSEMINATION OF VETERANS’ PREFERENCE 

15 POLICIES TO APPLICANTS FOR COVERED PO16 SITIONS. 

17 (a) An employing office shall state in any announce18 ments and advertisements it makes concerning vacancies 

19 in covered positions that the staffing action is governed 

20 by the VEOA. 

21 (b) An employing office shall invite applicants for a 

22 covered position to identify themselves as veterans’ pref23 erence eligible applicants, provided that in doing so: 

24 (1) the employing office shall state clearly on 

25 any written application or questionnaire used for 


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1 this purpose or make clear orally, if a written appli2 cation or questionnaire is not used, that the re3 quested information is intended for use solely in con4 nection with the employing office’s obligations and 

5 efforts to provide veterans’ preference to preference 

6 eligible applicants in accordance with the VEOA; 

7 and 

8 (2) the employing office shall state clearly that 

9 disabled veteran status is requested on a voluntary 

10 basis, that it will be kept confidential in accordance 

11 with the Americans with Disabilities Act (42 U.S.C. 

12 § 12101 et seq.) as applied by section 102(a)(3) of 

13 the CAA, 2 U.S.C. § 1302(a)(3), that refusal to pro14 vide it will not subject the individual to any adverse 

15 treatment except the possibility of an adverse deter16 mination regarding the individual’s status as a pref17 erence eligible applicant as a disabled veteran under 

18 the VEOA, and that any information obtained in ac19 cordance with this section concerning the medical 

20 condition or history of an individual will be collected, 

21 maintained and used only in accordance with the 

22 Americans with Disabilities Act (42 U.S.C. § 12101 

23 et seq.) as applied by section 102(a)(3) of the CAA, 

24 2 U.S.C. § 1302(a)(3). 


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1 (3) the employing office shall state clearly that 

2 applicants may request information about the em3 ploying office’s veterans’ preference policies as they 

4 relate to appointments to covered positions, and 

5 shall describe the employing office’s procedures for 

6 making such requests. 

7 (c) Upon written request by an applicant for a cov8 ered position, an employing office shall provide the fol9 lowing information in writing: 

10 (1) the VEOA definition of veterans’ ‘‘pref11 erence eligible’’ as set forth in 5 U.S.C. § 2108 or 

12 any superseding legislation, providing the actual, 

13 current definition in a manner designed to be under14 stood by applicants, along with the statutory cita15 tion; 

16 (2) the employing office’s veterans’ preference 

17 policy or a summary description of the employing of18 fice’s veterans’ preference policy as it relates to ap19 pointments to covered positions, including any proce20 dures the employing office shall use to identify pref21 erence eligible employees; 

22 (3) the employing office may provide other in23 formation to applicants regarding its veterans’ pref24 erence policies and practices, but is not required to 

25 do so by these regulations. 


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1 (d) Employing offices are also expected to answer 

2 questions from applicants for covered positions that are 

3 relevant and non-confidential concerning the employing of4 fice’s veterans’ preference policies and practices. 

5 SEC. 1.119. INFORMATION REGARDING VETERANS’ PREF6 ERENCE DETERMINATIONS IN APPOINT7 MENTS. 

8 Upon written request by an applicant for a covered 

9 position, the employing office shall promptly provide a 

10 written explanation of the manner in which veterans’ 

11 preference was applied in the employing office’s appoint12 ment decision regarding that applicant. Such explanation 

13 shall include at a minimum: 

14 (a) the employing office’s veterans’ preference policy 

15 or a summary description of the employing office’s vet16 erans’ preference policy as it relates to appointments to 

17 covered positions; and 

18 (b) a statement as to whether the applicant is pref19 erence eligible and, if not, a brief statement of the reasons 

20 for the employing office’s determination that the applicant 

21 is not preference eligible. 

22 SEC. 1.120. DISSEMINATION OF VETERANS’ PREFERENCE 

23 POLICIES TO COVERED EMPLOYEES. 

24 (a) If an employing office that employs one or more 

25 covered employees provides any written guidance to such 


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1 employees concerning employee rights generally or reduc2 tions in force more specifically, such as in a written em3 ployee policy, manual or handbook, such guidance must 

4 include information concerning veterans’ preference under 

5 the VEOA, as set forth in subsection (b) of this regulation. 

6 (b) Written guidances described in subsection (a) 

7 above shall include, at a minimum: 

8 (1) the VEOA definition of veterans’ ‘‘pref9 erence eligible’’ as set forth in 5 U.S.C. § 2108 or 

10 any superseding legislation, providing the actual, 

11 current definition along with the statutory citation; 

12 (2) the employing office’s veterans’ preference 

13 policy or a summary description of the employing of14 fice’s veterans’ preference policy as it relates to re15 ductions in force, including the procedures the em16 ploying office shall take to identify preference eligi17 ble employees. 

18 (3) the employing office may provide other in19 formation in its guidances regarding its veterans’ 

20 preference policies and practices, but is not required 

21 to do so by these regulations. 

22 (c) Employing offices are also expected to answer 

23 questions from covered employees that are relevant and 

24 non-confidential concerning the employing office’s vet25 erans’ preference policies and practices. 


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1 SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUCTION IN 

2 FORCE. 

3 (a) Except as provided under subsection (c), a cov4 ered employee may not be released due to a reduction in 

5 force, unless the covered employee and the covered em6 ployee’s exclusive representative for collective-bargaining 

7 purposes (if any) are given written notice, in conformance 

8 with the requirements of paragraph (b), at least 60 days 

9 before the covered employee is so released. 

10 (b) Any notice under paragraph (a) shall include— 

11 (1) the personnel action to be taken with re12 spect to the covered employee involved; 

13 (2) the effective date of the action; 

14 (3) a description of the procedures applicable in 

15 identifying employees for release; 

16 (4) the covered employee’s competitive area; 

17 (5) the covered employee’s eligibility for vet18 erans’ preference in retention and how that pref19 erence eligibility was determined; 

20 (6) the retention status and preference eligi21 bility of the other employees in the affected position 

22 classifications or job classifications within the cov23 ered employee’s competitive area, by providing: 

24 (A) a list of all covered employee(s) in the 

25 covered employee’s position classification or job 

26 classification and competitive area who will be 


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1 retained by the employing office, identifying 

2 those employees by job title only and stating 

3 whether each such employee is preference eligi4 ble, and 

5 (B) a list of all covered employee(s) in the 

6 covered employee’s position classification or job 

7 classification and competitive area who will not 

8 be retained by the employing office, identifying 

9 those employees by job title only and stating 

10 whether each such employee is preference eligi11 ble. 

12 (7) a description of any appeal or other rights 

13 which may be available. 

14 (c) The director of the employing office may, in writ15 ing, shorten the period of advance notice required under 

16 subsection (a), with respect to a particular reduction in 

17 force, if necessary because of circumstances not reason18 ably foreseeable. 

19 (d) No notice period may be shortened to less than 

20 30 days under this subsection. 

Æ 


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