H. Res. 1757 

In the House of Representatives, U.S., 

December 15, 2010. 

Resolved, 

SECTION 1. APPROVAL OF REGULATIONS. 

The regulations issued by the Office of Compliance on 

March 21, 2008, and stated in section 4, with the technical 

corrections described in section 3 and to the extent applied 

by section 2, are hereby approved. 

SEC. 2. APPLICATION OF REGULATIONS. 

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

regulations as a body of regulations required by section 

304(a)(2)(B)(i) of the Congressional Accountability Act of 

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

regulations that are unclassified or classified with an ‘‘H’’ 

designation shall apply to the House of Representatives and 

employees of the House of Representatives. 

(b) DEFINITION.—In this section, the term ‘‘employee of 

the House of Representatives’’ has the meaning given the 

term in section 101 of the Congressional Accountability Act 

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

(as corrected under section 3). 

SEC. 3. TECHNICAL CORRECTIONS. 

(a) CURRENT NAMES OF OFFICES AND HEADS OF OFFICES.—A reference in the issued regulations— 

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

Service (which no longer exist) shall be considered to be 

a reference to the Office of Congressional Accessibility 

Services; 

(2) to the Capitol Police Board shall be considered 

to be a reference to the Capitol Police; 

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

public entities) shall be disregarded; and 

(4) in sections 1.110(b) and 1.121(c), to the director of an employing office shall be considered to be a reference to the head of an employing office. 

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

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

subparagraphs (3) through (8) of paragraph (g) of that 

section shall be considered to be a reference to paragraph (g) of that section; 

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

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

be a reference to subparagraphs (aa) through (dd) of 

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that section (as specified in the regulations classified 

with an ‘‘H’’ classification); 

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

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

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

that section (as specified in the regulations classified 

with an ‘‘S’’ classification); 

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

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

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

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

(c) CROSS REFERENCES TO OTHER PROVISIONS OF

LAW.—A reference in the issued regulations— 

(1) to the Veterans Employment Opportunities Act 

shall be considered to be a reference to the Veterans 

Employment Opportunities Act of 1998; 

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

reference to section 105(a) of the Second Supplemental 

Appropriations Act, 1978; 

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

a reference to section 4(c)(3) of the Veterans Employment Opportunities Act of 1998; 

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

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

States Code; 

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(5) to the Americans with Disabilities Act shall be 

considered to be a reference to the Americans with Disabilities Act of 1990; 

(6) to the Soil Conservation and Allotment Act shall 

be considered to be a reference to the Soil Conservation 

and Domestic Allotment Act; and 

(7) to the Agricultural Adjustment Act shall be considered to be a reference to the Agricultural Adjustment 

Act, reenacted with amendments by the Agricultural 

Marketing Agreement Act of 1937. 

(d) OTHER CORRECTIONS.—In the issued regulations— 

(1) in section 1.102(g)(1) (in the regulations classified with an ‘‘H’’ classification), the ‘‘and’’ at the end 

shall be disregarded; 

(2) section 1.102(g)(7) (in the regulations classified 

with an ‘‘H’’ classification) shall be considered to have 

an ‘‘or’’ at the end; 

(3) section 1.109 shall be considered to have an 

‘‘and’’ after paragraph (a); 

(4) the second sentence of section 1.116 shall be 

disregarded; 

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

‘‘and’’ after paragraph (2) rather than paragraph (1); 

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

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

considered to be a reference to ‘‘preference eligible’’; 

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

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

have an ‘‘and’’ at the end. 

SEC. 4. REGULATIONS. 

When approved by the House of Representatives for the 

House of Representatives, these regulations will have the prefix ‘‘H.’’ When approved by the Senate for the Senate, these 

regulations will have the prefix ‘‘S.’’ When approved by Congress for the other employing offices covered by the CAA, 

these regulations will have the prefix ‘‘C.’’ 

In this draft, ‘‘H&S Regs’’ denotes the provisions that would be included in the regulations 

applicable to be made applicable to the House 

and Senate, and ‘‘C Reg’’ denotes the provisions 

that would be included in the regulations to be 

made applicable to other employing offices. 

PART 1—Extension of Rights and Protections Relating 

to Veterans’ Preference Under Title 5, United States Code, 

to Covered Employees of the Legislative Branch (section 4(c) 

of the Veterans Employment Opportunities Act of 1998) 

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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. 

SEC. 1.101. PURPOSE AND SCOPE. 

(a) Section 4(c) of the VEOA. The Veterans Employment Opportunities Act (VEOA) applies the rights and protections of sections 2108, 3309 through 3312, and subchapter I of chapter 35 of title 5 U.S.C., to certain covered 

employees within the Legislative branch. 

(b) Purpose of regulations. The regulations set forth 

herein are the substantive regulations that the Board of Directors of the Office of Compliance has promulgated pursuant 

to section 4(c)(4) of the VEOA, in accordance with the rulemaking procedure set forth in section 304 of the CAA (2 

U.S.C. § 1384). The purpose of subparts B, C and D of these 

regulations is to define veterans’ preference and the administration of veterans’ preference as applicable to Federal employment in the Legislative branch. (5 U.S.C. § 2108, as applied by the VEOA). The purpose of subpart E of these regulations is to ensure that the principles of the veterans’ preference laws are integrated into the existing employment and 

retention policies and processes of those employing offices 

with employees covered by the VEOA, and to provide for 

transparency in the application of veterans’ preference in covered appointment and retention decisions. Provided, nothing 

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in these regulations shall be construed so as to require an 

employing office to reduce any existing veterans’ preference 

rights and protections that it may afford to preference eligible 

individuals. 

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

‘‘covered employee’’ in Section 4(c) of the VEOA limits the 

scope of the statute’s applicability within the Legislative 

branch. The term ‘‘covered employee’’ excludes any employee: 

(1) whose appointment is made by the President with the advice and consent of the Senate; (2) whose appointment is 

made by a Member of Congress within an employing office, 

as defined by Sec. 101 (9)(A–C) of the CAA, 2 U.S.C. § 1301 

(9)(A–C) or; (3) whose appointment is made by a committee 

or subcommittee of either House of Congress or a joint committee of the House of Representatives and the Senate; or (4) 

who is appointed to a position, the duties of which are equivalent to those of a Senior Executive Service position (within 

the meaning of section 3132(a)(2) of title 5, United States 

Code). Accordingly, these regulations shall not apply to any 

employing office that only employs individuals excluded from 

the definition of covered employee. 

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

‘‘covered employee’’ in Section 4(c) of the VEOA limits the 

scope of the statute’s applicability within the Legislative 

branch. The term ‘‘covered employee’’ excludes any employee: 

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(1) whose appointment is made by the President with the advice and consent of the Senate; (2) whose appointment is 

made or directed by a Member of Congress within an employing office, as defined by Sec. 101(9)(A–C) of the CAA, 2 

U.S.C. § 1301 (9)(A–C) or; (3) whose appointment is made 

by a committee or subcommittee of either House of Congress 

or a joint committee of the House of Representatives and the 

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

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

equivalent to those of a Senior Executive Service position 

(within the meaning of section 3132(a)(2) of title 5, United 

States Code). Accordingly, these regulations shall not apply 

to any employing office that only employs individuals excluded from the definition of covered employee. 

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

‘‘covered employee’’ in Section 4(c) of the VEOA limits the 

scope of the statute’s applicability within the Legislative 

branch. The term ‘‘covered employee’’ excludes any employee: 

(1) whose appointment is made by the President with the advice and consent of the Senate; (2) whose appointment is 

made by a Member of Congress or by a committee or subcommittee of either House of Congress or a joint committee 

of the House of Representatives and the Senate; or (3) who 

is appointed to a position, the duties of which are equivalent 

to those of a Senior Executive Service position (within the 

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meaning of section 3132(a)(2) of title 5, United States 

Code). Accordingly, these regulations shall not apply to any 

employing office that only employs individuals excluded from 

the definition of covered employee. 

SEC. 1.102. DEFINITIONS. 

Except as otherwise provided in these regulations, as 

used in these regulations: 

(a) Accredited physician means a doctor of medicine or 

osteopathy who is authorized to practice medicine or surgery 

(as appropriate) by the State in which the doctor practices. 

The phrase ‘‘authorized to practice by the State’’ as used in 

this section means that the provider must be authorized to 

diagnose and treat physical or mental health conditions without supervision by a doctor or other health care provider. 

(b) Act or CAA means the Congressional Accountability 

Act of 1995, as amended (Pub. L. 104–1, 109 Stat. 3, 2 

U.S.C. §§ 1301–1438). 

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

duty with military pay and allowances in the armed forces, 

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

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

(d) Appointment means an individual’s appointment to 

employment in a covered position, but does not include any 

personnel action that an employing office takes with regard 

to an existing employee of the employing office. 

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

Air Force, Marine Corps, and Coast Guard. 

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

Compliance. 

H Regs: (g) Covered employee means any employee of 

(1) the House of Representatives; and (2) the Senate; (3) the 

Capitol Guide Board; (4) the Capitol Police Board; (5) the 

Congressional Budget Office; (6) the Office of the Architect 

of the Capitol; (7) the Office of the Attending Physician; and 

(8) the Office of Compliance, but does not include an employee (aa) whose appointment is made by the President with 

the advice and consent of the Senate; (bb) whose appointment 

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

is made by a committee or subcommittee of either House of 

Congress or a joint committee of the House of Representatives and the Senate; or (dd) who is appointed to a position, 

the duties of which are equivalent to those of a Senior Executive Service position (within the meaning of section 

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

employee includes an applicant for employment in a covered 

position and a former covered employee. 

S. Regs: (g) Covered employee means any employee 

of (1) the House of Representatives; and (2) the Senate; (3) 

the Capitol Guide Board; (4) the Capitol Police Board; (5) 

the Congressional Budget Office; (6) the Office of the ArchiVerDate Nov 24 2008 10:39 Dec 16, 2010 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6300 Z:\ENGROSS\HR1757.EH CLERK
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tect of the Capitol; (7) the Office of the Attending Physician; 

and (8) the Office of Compliance, but does not include an 

employee (aa) whose appointment is made by the President 

with the advice and consent of the Senate; (bb) whose appointment is made or directed by a Member of Congress; (cc) 

whose appointment is made by a committee or subcommittee 

of either House of Congress or a joint committee of the 

House of Representatives and the Senate; (dd) who is appointed pursuant to 2 U.S.C. § 43d(a); or (ee) who is appointed to a position, the duties of which are equivalent to 

those of a Senior Executive Service position (within the 

meaning of section 3132(a)(2) of title 5, United States 

Code). The term covered employee includes an applicant for 

employment in a covered position and a former covered employee. 

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

(1) the Capitol Guide Service; (2) the Capitol Police; (3) the 

Congressional Budget Office; (4) the Office of the Architect 

of the Capitol; (5) the Office of the Attending Physician; or 

(6) the Office of Compliance, but does not include an employee: (aa) whose appointment is made by the President 

with the advice and consent of the Senate; or (bb) whose appointment is made by a Member of Congress or by a committee or subcommittee of either House of Congress or a 

joint committee of the House of Representatives and the SenVerDate Nov 24 2008 10:39 Dec 16, 2010 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6300 Z:\ENGROSS\HR1757.EH CLERK
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ate; or (cc) who is appointed to a position, the duties of 

which are equivalent to those of a Senior Executive Service 

position (within the meaning of section 3132(a)(2) of title 5, 

United States Code). The term covered employee includes an 

applicant for employment in a covered position and a former 

covered employee. 

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

be held by a covered employee. 

(i) Disabled veteran means a person who was separated 

under honorable conditions from active duty in the armed 

forces performed at any time and who has established the 

present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pensions 

because of a public statute administered by the Department 

of Veterans Affairs or a military department. 

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

includes any employee of the Office of the Architect of the 

Capitol, the Botanic Gardens, or the Senate Restaurants. 

(k) Employee of the Capitol Police Board includes any 

member or officer of the Capitol Police. 

(l) Employee of the House of Representatives includes 

an individual occupying a position the pay of which is disbursed by the Clerk of the House of Representatives, or another official designated by the House of Representatives, or 

any employment position in an entity that is paid with funds 

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derived from the clerk-hire allowance of the House of Representatives but not any such individual employed by any entity listed in subparagraphs (3) through (8) of paragraph (g) 

above nor any individual described in subparagraphs (aa) 

through (dd) of paragraph (g) above. 

(m) Employee of the Senate includes any employee 

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

not any such individual employed by any entity listed in subparagraphs (3) through (8) of paragraph (g) above nor any 

individual described in subparagraphs (aa) through (ee) of 

paragraph (g) above. 

H Regs: (n) Employing office means: (1) the personal 

office of a Member of the House of Representatives; (2) a 

committee of the House of Representatives or a joint committee of the House of Representatives and the Senate; or (3) 

any other office headed by a person with the final authority 

to appoint, hire, discharge, and set the terms, conditions, or 

privileges of the employment of an employee of the House of 

Representatives or the Senate. 

S Regs: (n) Employing office means: (1) the personal 

office of a Senator; (2) a committee of the Senate or a joint 

committee of the House of Representatives and the Senate; 

or (3) any other office headed by a person with the final authority to appoint, or be directed by a Member of Congress 

to appoint, hire, discharge, and set the terms, conditions, or 

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privileges of the employment of an employee of the House of 

Representatives or the Senate. 

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

Board, the Capitol Police Board, the Congressional Budget 

Office, the Office of the Architect of the Capitol, the Office 

of the Attending Physician, and the Office of Compliance. 

(o) Office means the Office of Compliance. 

(p) Preference eligible means veterans, spouses, widows, 

widowers or mothers who meet the definition of ‘‘preference 

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

(q) Qualified applicant means an applicant for a covered 

position whom an employing office deems to satisfy the requisite minimum job-related requirements of the position. 

Where the employing office uses an entrance examination or 

evaluation for a covered position that is numerically scored, 

the term ‘‘qualified applicant’’ shall mean that the applicant 

has received a passing score on the examination or evaluation. 

(r) Separated under honorable conditions means either 

an honorable or a general discharge from the armed forces. 

The Department of Defense is responsible for administering 

and defining military discharges. 

(s) Uniformed services means the armed forces, the commissioned corps of the Public Health Service, and the comVerDate Nov 24 2008 10:39 Dec 16, 2010 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6300 Z:\ENGROSS\HR1757.EH CLERK
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missioned corps of the National Oceanic and Atmospheric 

Administration. 

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

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

§ 2108(1), or any superseding legislation. 

SEC. 1.103. ADOPTION OF REGULATIONS. 

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

VEOA generally authorizes the Board to issue regulations to 

implement section 4(c). In addition, section 4(c)(4)(B) of the 

VEOA directs the Board to promulgate regulations that are 

‘‘the same as the most relevant substantive regulations (applicable with respect to the Executive branch) promulgated to 

implement the statutory provisions referred to in paragraph 

(2)’’ of section 4(c) of the VEOA. Those statutory provisions 

are section 2108, sections 3309 through 3312, and subchapter I of chapter 35, of title 5, United States Code. The 

regulations issued by the Board herein are on all matters for 

which section 4(c)(4)(B) of the VEOA requires a regulation 

to be issued. Specifically, it is the Board’s considered judgment based on the information available to it at the time of 

promulgation of these regulations, that, with the exception of 

the regulations adopted and set forth herein, there are no 

other ‘‘substantive regulations (applicable with respect to the 

Executive branch) promulgated to implement the statutory 

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provisions referred to in paragraph (2)’’ of section 4(c) of the 

VEOA that need be adopted. 

(b) Modification of substantive regulations. As a qualification to the statutory obligation to issue regulations that 

are ‘‘the same as the most substantive regulations (applicable 

with respect to the Executive branch)’’, section 4(c)(4)(B) of 

the VEOA authorizes the Board to ‘‘determine, for good 

cause shown and stated together with the regulation, that a 

modification of such regulations would be more effective for 

the implementation of the rights and protections under’’ section 4(c) of the VEOA. 

(c) Rationale for Departure from the Most Relevant Executive Branch Regulations. The Board concludes that it 

must promulgate regulations accommodating the human resource systems existing in the Legislative branch; and that 

such regulations must take into account the fact that the 

Board does not possess the statutory and Executive Order 

based government-wide policy making authority underlying 

OPM’s counterpart VEOA regulations governing the Executive branch. OPM’s regulations are designed for the competitive service (defined in 5 U.S.C. § 2102(a)(2)), which does 

not exist in the employing offices subject to this regulation. 

Therefore, to follow the OPM regulations would create detailed and complex rules and procedures for a workforce that 

does not exist in the Legislative branch, while providing no 

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VEOA protections to the covered Legislative branch employees. We have chosen to propose specially tailored regulations, 

rather than simply to adopt those promulgated by OPM, so 

that we may effectuate Congress’ intent in extending the 

principles of the veterans’ preference laws to the Legislative 

branch through the VEOA. 

SEC. 1.104. COORDINATION WITH SECTION 225 OF THE CONGRESSIONAL ACCOUNTABILITY ACT. 

Statutory directive. Section 4(c)(4)(C) of the VEOA requires that promulgated regulations must be consistent with 

section 225 of the CAA. Among the relevant provisions of 

section 225 are subsection (f)(1), which prescribes as a rule 

of construction that definitions and exemptions in the laws 

made applicable by the CAA shall apply under the CAA, and 

subsection (f)(3), which states that the CAA shall not be considered to authorize enforcement of the CAA by the Executive 

branch. 

SUBPART B—VETERANS’ PREFERENCE—GENERAL PROVISIONS

Sec. 

1.105 Responsibility for administration of veterans’ preference. 

1.106 Procedures for bringing claims under the VEOA. 

SEC. 1.105. RESPONSIBILITY FOR ADMINISTRATION OF VETERANS’ PREFERENCE. 

Subject to section 1.106, employing offices with covered 

employees or covered positions are responsible for making all 

veterans’ preference determinations, consistent with the 

VEOA. 

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SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS UNDER THE 

VEOA. 

Applicants for appointment to a covered position and 

covered employees may contest adverse veterans’ preference 

determinations, including any determination that a preference 

eligible applicant is not a qualified applicant, pursuant to sections 401–416 of the CAA, 2 U.S.C. §§ 1401–1416, and provisions of law referred to therein; 206a(3) of the CAA, 2 

U.S.C. §§ 1401, 1316a(3); and 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. 

SEC. 1.107. VETERANS’ PREFERENCE IN APPOINTMENTS TO RESTRICTED POSITIONS. 

In each appointment action for the positions of custodian, elevator operator, guard, and messenger (as defined 

below and collectively referred to in these regulations as restricted covered positions) employing offices shall restrict 

competition to preference eligible applicants as long as qualified preference eligible applicants are available. The provisions of sections 1.109 and 1.110 below shall apply to the appointment of a preference eligible applicant to a restricted 

covered position. The provisions of section 1.108 shall apply 

to the appointment of a preference eligible applicant to a reVerDate Nov 24 2008 10:39 Dec 16, 2010 Jkt 000000 PO 00000 Frm 00018 Fmt 6652 Sfmt 6300 Z:\ENGROSS\HR1757.EH CLERK
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stricted covered position, in the event that there is more than 

one preference eligible applicant for the position. 

Custodian—One whose primary duty is the performance 

of cleaning or other ordinary routine maintenance duties in 

or about a government building or a building under Federal 

control, park, monument, or other Federal reservation. 

Elevator operator—One whose primary duty is the running of freight or passenger elevators. The work includes 

opening and closing elevator gates and doors, working elevator controls, loading and unloading the elevator, giving information and directions to passengers such as on the location 

of offices, and reporting problems in running the elevator. 

Guard—One whose primary duty is the assignment to a 

station, beat, or patrol area in a Federal building or a building under Federal control to prevent illegal entry of persons 

or property; or required to stand watch at or to patrol a Federal reservation, industrial area, or other area designated by 

Federal authority, in order to protect life and property; make 

observations for detection of fire, trespass, unauthorized removal of public property or hazards to Federal personnel or 

property. The term guard does not include law enforcement 

officer positions of the Capitol Police Board. 

Messenger—One whose primary duty is the supervision 

or performance of general messenger work (such as running 

errands, delivering messages, and answering call bells). 

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SEC. 1.108. VETERANS’ PREFERENCE IN APPOINTMENTS TO 

NON-RESTRICTED COVERED POSITIONS. 

(a) Where an employing office has duly adopted a policy 

requiring the numerical scoring or rating of applicants for 

covered positions, the employing office shall add points to the 

earned ratings of those preference eligible applicants who receive passing scores in an entrance examination, in a manner 

that is proportionately comparable to the points prescribed in 

5 U.S.C. § 3309. For example, five preference points shall be 

granted to preference eligible applicants in a 100-point system, one point shall be granted in a 20-point system, and so 

on. 

(b) In all other situations involving appointment to a 

covered position, employing offices shall consider veterans’ 

preference eligibility as an affirmative factor in the employing 

office’s determination of who will be appointed from among 

qualified applicants. 

SEC. 1.109. CREDITING EXPERIENCE IN APPOINTMENTS TO 

COVERED POSITIONS. 

When considering applicants for covered positions in 

which experience is an element of qualification, employing offices shall provide preference eligible applicants with credit: 

(a) for time spent in the military service (1) as an extension of time spent in the position in which the applicant was 

employed immediately before his/her entrance into the military service, or (2) on the basis of actual duties performed 

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in the military service, or (3) as a combination of both methods. Employing offices shall credit time spent in the military 

service according to the method that will be of most benefit 

to the preference eligible applicant; and 

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

the applicant is being considered, including experience gained 

in religious, civic, welfare, service, and organizational activities, regardless of whether he/she received pay therefor. 

SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS IN APPOINTMENTS TO COVERED POSITIONS. 

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

a preference eligible for appointment, an employing office 

shall waive: 

(1) with respect to a preference eligible applicant, 

requirements as to age, height, and weight, unless the 

requirement is essential to the performance of the duties 

of the position; and 

(2) with respect to a preference eligible applicant to 

whom it has made a conditional offer of employment, 

physical requirements if, in the opinion of the employing 

office, on the basis of evidence before it, including any 

recommendation of an accredited physician submitted by 

the preference eligible applicant, the preference eligible 

applicant is physically able to perform efficiently the duties of the position; 

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(b) Subject to (c) below, if an employing office determines, on the basis of evidence before it, including any recommendation of an accredited physician submitted by the 

preference eligible applicant, that an applicant to whom it has 

made a conditional offer of employment is preference eligible 

as a disabled veteran as described in 5 U.S.C. § 2108(3)(c) 

and who has a compensable service-connected disability of 30 

percent or more is not able to fulfill the physical requirements of the covered position, the employing office shall notify the preference eligible applicant of the reasons for the determination and of the right to respond and to submit additional information to the employing office, within 15 days of 

the date of the notification. The director of the employing office may, by providing written notice to the preference eligible 

applicant, shorten the period for submitting a response with 

respect to an appointment to a particular covered position, if 

necessary because of a need to fill the covered position immediately. Should the preference eligible applicant make a timely response, the highest ranking individual or group of individuals with authority to make employment decisions on behalf of the employing office shall render a final determination 

of the physical ability of the preference eligible applicant to 

perform the duties of the position, taking into account the response and any additional information provided by the preference eligible applicant. When the employing office has comVerDate Nov 24 2008 10:39 Dec 16, 2010 Jkt 000000 PO 00000 Frm 00022 Fmt 6652 Sfmt 6300 Z:\ENGROSS\HR1757.EH CLERK
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pleted its review of the proposed disqualification on the basis 

of physical disability, it shall send its findings to the preference eligible applicant. 

(c) Nothing in this section shall relieve an employing office of any obligations it may have pursuant to the Americans 

with Disabilities Act (42 U.S.C. § 12101 et seq.) as applied 

by section 102(a)(3) of the Act, 2 U.S.C. § 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. 

SEC. 1.111. DEFINITIONS APPLICABLE IN REDUCTIONS IN 

FORCE. 

(a) Competing covered employees are the covered employees within a particular position or job classification, at or 

within a particular competitive area, as those terms are defined below. 

(b) Competitive area is that portion of the employing office’s organizational structure, as determined by the employing office, in which covered employees compete for retention. 

A competitive area must be defined solely in terms of the employing office’s organizational unit(s) and geographical location, and it must include all employees within the competitive 

area so defined. A competitive area may consist of all or part 

of an employing office. The minimum competitive area is a 

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department or subdivision of the employing office within the 

local commuting area. 

(c) Position classifications or job classifications are determined by the employing office, and shall refer to all covered positions within a competitive area that are in the same 

grade, occupational level or classification, and which are similar enough in duties, qualification requirements, pay schedules, tenure (type of appointment) and working conditions so 

that an employing office may reassign the incumbent of one 

position to any of the other positions in the position classification without undue interruption. 

(d) Preference Eligibles. For the purpose of applying 

veterans’ preference in reductions in force, except with respect to the application of section 1.114 of these regulations 

regarding the waiver of physical requirements, the following 

shall apply: 

(1) ‘‘active service’’ has the meaning given it by section 101 of title 37; 

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

means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, 

or retainer pay on account of his/her service as such a 

member; and 

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(3) a preference eligible covered employee who is a 

retired member of a uniformed service is considered a 

preference eligible only if 

(A) his/her retirement was based on disability— 

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

armed conflict; or 

(ii) caused by an instrumentality of war 

and incurred in the line of duty during a period of war as defined by sections 101 and 

1101 of title 38; 

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

more years of full-time active service, regardless of 

when performed but not including periods of active 

duty for training; or 

(C) on November 30, 1964, he/she was employed in a position to which this subchapter applies 

and thereafter he/she continued to be so employed 

without a break in service of more than 30 days. 

The definition of ‘‘preference eligible’’ as set forth in 5 

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

apply to waivers of physical requirements in determining an 

employee’s qualifications for retention under section 1.114 of 

these regulations. 

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H&S Regs: (e) Reduction in force is any termination 

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

and/or position grade of a covered employee for more than 30 

days and that may be required for budgetary or workload 

reasons, changes resulting from reorganization, or the need 

to make room for an employee with reemployment or restoration rights. The term ‘‘reduction in force’’ does not encompass a termination or other personnel action: (1) predicated 

upon performance, conduct or other grounds attributable to 

an employee, or (2) involving an employee who is employed 

by the employing office on a temporary basis, or (3) attributable to a change in party leadership or majority party status within the House of Congress where the employee is employed. 

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

a covered employee’s employment or the reduction in pay 

and/or position grade of a covered employee for more than 30 

days and that may be required for budgetary or workload 

reasons, changes resulting from reorganization, or the need 

to make room for an employee with reemployment or restoration rights. The term ‘‘reduction in force’’ does not encompass a termination or other personnel action: (1) predicated 

upon performance, conduct or other grounds attributable to 

an employee, or (2) involving an employee who is employed 

by the employing office on a temporary basis. 

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(f) Undue interruption is a degree of interruption that 

would prevent the completion of required work by a covered 

employee 90 days after the employee has been placed in a different position under this part. The 90-day standard should 

be considered within the allowable limits of time and quality, 

taking into account the pressures of priorities, deadlines, and 

other demands. However, work generally would not be considered to be unduly interrupted if a covered employee needs 

more than 90 days after the reduction in force to perform the 

optimum quality or quantity of work. The 90-day standard 

may be extended if placement is made under this part to a 

program accorded low priority by the employing office, or to 

a vacant position. 

SEC. 1.112. APPLICATION OF PREFERENCE IN REDUCTIONS IN 

FORCE. 

Prior to carrying out a reduction in force that will affect 

covered employees, employing offices shall determine which, if 

any, covered employees within a particular group of competing covered employees are entitled to veterans’ preference 

eligibility status in accordance with these regulations. In determining which covered employees will be retained, employing offices will treat veterans’ preference as the controlling 

factor in retention decisions among such competing covered 

employees, regardless of length of service or performance, 

provided that the preference eligible employee’s performance 

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has not been determined to be unacceptable. Provided, a preference eligible employee who is a ‘‘disabled veteran’’ under 

section 1.102(h) above who has a compensable service-connected disability of 30 percent or more and whose performance has not been determined to be unacceptable by an employing office is entitled to be retained in preference to other 

preference eligible employees. Provided, this section does not 

relieve an employing office of any greater obligation it may 

be subject to pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.) as applied by section 102(a)(9) of the CAA, 2 U.S.C. § 1302(a)(9). 

SEC. 1.113. CREDITING EXPERIENCE IN REDUCTIONS IN FORCE. 

In computing length of service in connection with a reduction in force, the employing office shall provide credit to 

preference eligible covered employees as follows: 

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

retired member of a uniformed service is entitled to credit for 

the total length of time in active service in the armed forces; 

(b) a preference eligible covered employee who is a retired member of a uniformed service is entitled to credit for: 

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

forces during a war, or in a campaign or expedition for 

which a campaign badge has been authorized; or 

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

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

§ 3501(a)(3)(A), (B), or (C); and 

(c) a preference eligible covered employee is entitled to 

credit for: 

(1) service rendered as an employee of a county 

committee established pursuant to section 8(b) of the 

Soil Conservation and Allotment Act or of a committee 

or association of producers described in section 10(b) of 

the Agricultural Adjustment Act; and 

(2) service rendered as an employee described in 5 

U.S.C. § 2105(c) if such employee moves or has moved, 

on or after January 1, 1966, without a break in service 

of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of 

Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that 

is not described in 5 U.S.C. § 2105(c). 

SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS IN REDUCTIONS IN FORCE. 

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

evidence before it, that a covered employee is preference eligible, the employing office shall waive, in determining the covered employee’s retention status in a reduction in force: 

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(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of 

the duties of the position; and 

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

employing office, on the basis of evidence before it, including any recommendation of an accredited physician 

submitted by the employee, the preference eligible covered employee is physically able to perform efficiently 

the duties of the position. 

(b) If an employing office determines that a covered employee who is a preference eligible as a disabled veteran as 

described in 5 U.S.C. § 2108(3)(c) and has a compensable 

service-connected disability of 30 percent or more is not able 

to fulfill the physical requirements of the covered position, 

the employing office shall notify the preference eligible covered employee of the reasons for the determination and of the 

right to respond and to submit additional information to the 

employing office within 15 days of the date of the notification. Should the preference eligible covered employee make a 

timely response, the highest ranking individual or group of 

individuals with authority to make employment decisions on 

behalf of the employing office, shall render a final determination of the physical ability of the preference eligible covered 

employee to perform the duties of the covered position, taking 

into account the evidence before it, including the response 

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and any additional information provided by the preference eligible. When the employing office has completed its review of 

the proposed disqualification on the basis of physical disability, it shall send its findings to the preference eligible covered employee. 

(c) Nothing in this section shall relieve an employing office of any obligation it may have pursuant to the Americans 

with Disabilities Act (42 U.S.C. § 12101 et seq.) as applied 

by section 102(a)(3) of the CAA, 2 U.S.C. § 1302(a)(3). 

SEC. 1.115. TRANSFER OF FUNCTIONS. 

(a) When a function is transferred from one employing 

office to another employing office, each covered employee in 

the affected position classifications or job classifications in 

the function that is to be transferred shall be transferred to 

the receiving employing office for employment in a covered 

position for which he/she is qualified before the receiving employing office may make an appointment from another source 

to that position. 

(b) When one employing office is replaced by another 

employing office, each covered employee in the affected position classifications or job classifications in the employing office to be replaced shall be transferred to the replacing employing office for employment in a covered position for which 

he/she is qualified before the replacing employing office may 

make an appointment from another source to that position. 

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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. 

SEC. 1.116. ADOPTION OF VETERANS’ PREFERENCE POLICY. 

No later than 120 calendar days following Congressional 

approval of this regulation, each employing office that employs one or more covered employees or that seeks applicants 

for a covered position shall adopt its written policy specifying 

how it has integrated the veterans’ preference requirements 

of the Veterans Employment Opportunities Act of 1998 and 

these regulations into its employment and retention processes. Upon timely request and the demonstration of good 

cause, the Executive Director, in his/her discretion, may 

grant such an employing office additional time for preparing 

its policy. Each such employing office will make its policies 

available to applicants for appointment to a covered position 

and to covered employees in accordance with these regulations. The act of adopting a veterans’ preference policy shall 

not relieve any employing office of any other responsibility or 

requirement of the Veterans Employment Opportunity Act of 

1998 or these regulations. An employing office may amend or 

replace its veterans’ preference policies as it deems necessary 

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or appropriate, so long as the resulting policies are consistent 

with the VEOA and these regulations. 

SEC. 1.117. PRESERVATION OF RECORDS MADE OR KEPT. 

An employing office that employs one or more covered 

employees or that seeks applicants for a covered position shall 

maintain any records relating to the application of its veterans’ preference policy to applicants for covered positions 

and to workforce adjustment decisions affecting covered employees for a period of at least one year from the date of the 

making of the record or the date of the personnel action involved or, if later, one year from the date on which the applicant or covered employee is notified of the personnel action. 

Where a claim has been brought under section 401 of the 

CAA against an employing office under the VEOA, the respondent employing office shall preserve all personnel records 

relevant to the claim until final disposition of the claim. The 

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

would include records relating to the veterans’ preference determination regarding the person bringing the claim and 

records relating to any veterans’ preference determinations 

regarding other applicants for the covered position the person 

sought, or records relating to the veterans’ preference determinations regarding other covered employees in the person’s 

position or job classification. The date of final disposition of 

the charge or the action means the latest of the date of expiVerDate Nov 24 2008 10:39 Dec 16, 2010 Jkt 000000 PO 00000 Frm 00033 Fmt 6652 Sfmt 6300 Z:\ENGROSS\HR1757.EH CLERK
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ration of the statutory period within which the aggrieved person may file a complaint with the Office or in a U.S. District 

Court or, where an action is brought against an employing 

office by the aggrieved person, the date on which such litigation is terminated. 

SEC. 1.118. DISSEMINATION OF VETERANS’ PREFERENCE POLICIES TO APPLICANTS FOR COVERED POSITIONS. 

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

covered positions that the staffing action is governed by the 

VEOA. 

(b) An employing office shall invite applicants for a covered position to identify themselves as veterans’ preference eligible applicants, provided that in doing so: 

(1) the employing office shall state clearly on any 

written application or questionnaire used for this purpose or make clear orally, if a written application or 

questionnaire is not used, that the requested information 

is intended for use solely in connection with the employing office’s obligations and efforts to provide veterans’ 

preference to preference eligible applicants in accordance 

with the VEOA; 

(2) the employing office shall state clearly that disabled veteran status is requested on a voluntary basis, 

that it will be kept confidential in accordance with the 

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

seq.) as applied by section 102(a)(3) of the CAA, 2 

U.S.C. § 1302(a)(3), that refusal to provide it will not 

subject the individual to any adverse treatment except 

the possibility of an adverse determination regarding the 

individual’s status as a preference eligible applicant as a 

disabled veteran under the VEOA, and that any information obtained in accordance with this section concerning the medical condition or history of an individual 

will be collected, maintained and used only in accordance 

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

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

CAA, 2 U.S.C. § 1302(a)(3); and 

(3) the employing office shall state clearly that applicants may request information about the employing 

office’s veterans’ preference policies as they relate to appointments to covered positions, and shall describe the 

employing office’s procedures for making such requests. 

(c) Upon written request by an applicant for a covered 

position, an employing office shall provide the following information in writing: 

(1) the VEOA definition of veterans’ ‘‘preference eligible’’ as set forth in 5 U.S.C. § 2108 or any superseding legislation, providing the actual, current definiVerDate Nov 24 2008 10:39 Dec 16, 2010 Jkt 000000 PO 00000 Frm 00035 Fmt 6652 Sfmt 6300 Z:\ENGROSS\HR1757.EH CLERK
36 

•HRES 1757 EH 

tion in a manner designed to be understood by applicants, along with the statutory citation; 

(2) the employing office’s veterans’ preference policy or a summary description of the employing office’s 

veterans’ preference policy as it relates to appointments 

to covered positions, including any procedures the employing office shall use to identify preference eligible employees; and 

(3) the employing office may provide other information to applicants regarding its veterans’ preference policies and practices, but is not required to do so by these 

regulations. 

(d) Employing offices are also expected to answer questions from applicants for covered positions that are relevant 

and non-confidential concerning the employing office’s veterans’ preference policies and practices. 

SEC. 1.119. INFORMATION REGARDING VETERANS’ PREFERENCE DETERMINATIONS IN APPOINTMENTS. 

Upon written request by an applicant for a covered position, the employing office shall promptly provide a written explanation of the manner in which veterans’ preference was 

applied in the employing office’s appointment decision regarding that applicant. Such explanation shall include at a minimum: 

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•HRES 1757 EH 

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

a summary description of the employing office’s veterans’ 

preference policy as it relates to appointments to covered positions; and 

(b) a statement as to whether the applicant is preference 

eligible and, if not, a brief statement of the reasons for the 

employing office’s determination that the applicant is not 

preference eligible. 

SEC. 1.120. DISSEMINATION OF VETERANS’ PREFERENCE POLICIES TO COVERED EMPLOYEES. 

(a) If an employing office that employs one or more covered employees provides any written guidance to such employees concerning employee rights generally or reductions in 

force more specifically, such as in a written employee policy, 

manual or handbook, such guidance must include information 

concerning veterans’ preference under the VEOA, as set forth 

in subsection (b) of this regulation. 

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

shall include, at a minimum: 

(1) the VEOA definition of veterans’ ‘‘preference eligible’’ as set forth in 5 U.S.C. § 2108 or any superseding legislation, providing the actual, current definition along with the statutory citation; 

(2) the employing office’s veterans’ preference policy or a summary description of the employing office’s 

38 

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veterans’ preference policy as it relates to reductions in 

force, including the procedures the employing office shall 

take to identify preference eligible employees; and 

(3) the employing office may provide other information in its guidances regarding its veterans’ preference 

policies and practices, but is not required to do so by 

these regulations. 

(c) Employing offices are also expected to answer questions from covered employees that are relevant and non-confidential concerning the employing office’s veterans’ preference policies and practices. 

SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUCTION IN 

FORCE. 

(a) Except as provided under subsection (c), a covered 

employee may not be released due to a reduction in force, unless the covered employee and the covered employee’s exclusive representative for collective-bargaining purposes (if any) 

are given written notice, in conformance with the requirements of paragraph (b), at least 60 days before the covered 

employee is so released. 

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

(1) the personnel action to be taken with respect to 

the covered employee involved; 

(2) the effective date of the action; 

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(3) a description of the procedures applicable in 

identifying employees for release; 

(4) the covered employee’s competitive area; 

(5) the covered employee’s eligibility for veterans’ 

preference in retention and how that preference eligibility was determined; 

(6) the retention status and preference eligibility of 

the other employees in the affected position classifications or job classifications within the covered employee’s 

competitive area, by providing: 

(A) a list of all covered employee(s) in the covered employee’s position classification or job classification and competitive area who will be retained 

by the employing office, identifying those employees 

by job title only and stating whether each such employee is preference eligible; and 

(B) a list of all covered employee(s) in the covered employee’s position classification or job classification and competitive area who will not be retained by the employing office, identifying those employees by job title only and stating whether each 

such employee is preference eligible; and 

(7) a description of any appeal or other rights 

which may be available. 

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•HRES 1757 EH 

(c) The director of the employing office may, in writing, 

shorten the period of advance notice required under subsection (a), with respect to a particular reduction in force, if 

necessary because of circumstances not reasonably foreseeable. 

(d) No notice period may be shortened to less than 30 

days under this subsection. 

Attest: 

Clerk.