IV 

111TH CONGRESS 

2D SESSION H. RES. 1757 

Providing 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 House of Representatives and employees of the House 

of Representatives. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2010 

Mr. BRADY of Pennsylvania submitted the following resolution; which was 

referred to the Committee on House Administration 

RESOLUTION 

Providing 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 

House of Representatives and employees of the House 

of Representatives. 

1 Resolved, 

2 SECTION 1. APPROVAL OF REGULATIONS. 

3 The regulations issued by the Office of Compliance 

4 on March 21, 2008, and stated in section 4, with the tech5 nical corrections described in section 3 and to the extent 

6 applied by section 2, are hereby approved. 


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1 SEC. 2. APPLICATION OF REGULATIONS. 

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

3 issued regulations as a body of regulations required by sec4 tion 304(a)(2)(B)(i) of the Congressional Accountability 

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

6 the issued regulations that are unclassified or classified 

7 with an ‘‘H’’ designation shall apply to the House of Rep8 resentatives and employees of the House of Representa9 tives. 

10 (b) DEFINITION.—In this section, the term ‘‘em11 ployee of the House of Representatives’’ has the meaning 

12 given the term in section 101 of the Congressional Ac13 countability Act of 1995 (2 U.S.C. 1301), except as lim14 ited by the regulations (as corrected under section 3). 

15 SEC. 3. TECHNICAL CORRECTIONS. 

16 (a) CURRENT NAMES OF OFFICES AND HEADS OF

17 OFFICES.—A reference in the issued regulations— 

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

19 Guide Service (which no longer exist) shall be con20 sidered to be a reference to the Office of Congres21 sional Accessibility Services; 

22 (2) to the Capitol Police Board shall be consid23 ered to be a reference to the Capitol Police; 

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

25 longer public entities) shall be disregarded; and 


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1 (4) in sections 1.110(b) and 1.121(c), to the di2 rector of an employing office shall be considered to 

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

4 (b) CROSS REFERENCES TO PROVISIONS OF REGU5 LATIONS.—A reference in the issued regulations— 

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

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

8 of that section shall be considered to be a reference 

9 to paragraph (g) of that section; 

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

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

12 to be a reference to subparagraphs (aa) through 

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

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

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

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

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

18 of that section (as specified in the regulations classi19 fied with an ‘‘S’’ classification); 

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

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

22 and 

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

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


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1 (c) CROSS REFERENCES TO OTHER PROVISIONS OF

2 LAW.—A reference in the issued regulations— 

3 (1) to the Veterans Employment Opportunities 

4 Act shall be considered to be a reference to the Vet5 erans Employment Opportunities Act of 1998; 

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

7 a reference to section 105(a) of the Second Supple8 mental Appropriations Act, 1978; 

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

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

11 Employment Opportunities Act of 1998; 

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

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

14 United States Code; 

15 (5) to the Americans with Disabilities Act shall 

16 be considered to be a reference to the Americans 

17 with Disabilities Act of 1990; 

18 (6) to the Soil Conservation and Allotment Act 

19 shall be considered to be a reference to the Soil Con20 servation and Domestic Allotment Act; and 

21 (7) to the Agricultural Adjustment Act shall be 

22 considered to be a reference to the Agricultural Ad23 justment Act, reenacted with amendments by the 

24 Agricultural Marketing Agreement Act of 1937. 


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1 (d) OTHER CORRECTIONS.—In the issued regula2 tions— 

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

4 classified with an ‘‘H’’ classification), the ‘‘and’’ at 

5 the end shall be disregarded; 

6 (2) section 1.102(g)(7) (in the regulations clas7 sified with an ‘‘H’’ classification) shall be considered 

8 to have an ‘‘or’’ at the end; 

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

10 ‘‘and’’ after paragraph (a); 

11 (4) the second sentence of section 1.116 shall 

12 be disregarded; 

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

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

15 (1); 

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

17 1.120(b)(1) to veterans’ ‘‘preference eligible’’ shall 

18 be considered to be a reference to ‘‘preference eligi19 ble’’; 

20 (7) sections 1.118(c) and 1.120(b) shall be con21 sidered to have an ‘‘and’’ after paragraph (1); and 

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

23 to have an ‘‘and’’ at the end. 


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1 SEC. 4. REGULATIONS. 

2 When approved by the House of Representatives for 

3 the House of Representatives, these regulations will have 

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

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

6 approved by Congress for the other employing offices cov7 ered by the CAA, these regulations will have the prefix 

8 ‘‘C.’’ 

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

10 provisions that would be included in the reg11 ulations applicable to be made applicable to 

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

13 the provisions that would be included in the 

14 regulations to be made applicable to other 

15 employing offices. 

16 PART 1—Extension of Rights and Protections Re17 lating to Veterans’ Preference Under Title 5, United 

18 States Code, to Covered Employees of the Legislative 

19 Branch (section 4(c) of the Veterans Employment Oppor20 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. 


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1 SEC. 1.101. PURPOSE AND SCOPE. 

2 (a) Section 4(c) of the VEOA. The Veterans Employ3 ment Opportunities Act (VEOA) applies the rights and 

4 protections of sections 2108, 3309 through 3312, and sub5 chapter I of chapter 35 of title 5 U.S.C., to certain covered 

6 employees within the Legislative branch. 

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

8 herein are the substantive regulations that the Board of 

9 Directors of the Office of Compliance has promulgated 

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

11 with the rulemaking procedure set forth in section 304 of 

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

13 C and D of these regulations is to define veterans’ pref14 erence and the administration of veterans’ preference as 

15 applicable to Federal employment in the Legislative 

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

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

18 the principles of the veterans’ preference laws are inte19 grated into the existing employment and retention policies 

20 and processes of those employing offices with employees 

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

22 the application of veterans’ preference in covered appoint23 ment and retention decisions. Provided, nothing in these 

24 regulations shall be construed so as to require an employ25 ing office to reduce any existing veterans’ preference 


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1 rights and protections that it may afford to preference eli2 gible individuals. 

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

4 of ‘‘covered employee’’ in Section 4(c) of the VEOA lim5 its the scope of the statute’s applicability within the Leg6 islative branch. The term ‘‘covered employee’’ excludes 

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

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

9 whose appointment is made by a Member of Congress 

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

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

12 appointment is made by a committee or subcommittee of 

13 either House of Congress or a joint committee of the 

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

15 appointed to a position, the duties of which are equiva16 lent to those of a Senior Executive Service position (with17 in the meaning of section 3132(a)(2) of title 5, United 

18 States Code). Accordingly, these regulations shall not 

19 apply to any employing office that only employs individ20 uals excluded from the definition of covered employee. 

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

22 of ‘‘covered employee’’ in Section 4(c) of the VEOA lim23 its the scope of the statute’s applicability within the Leg24 islative branch. The term ‘‘covered employee’’ excludes 

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


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

2 whose appointment is made or directed by a Member of 

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

4 101(9)(A–C) of the CAA, 2 U.S.C. § 1301 (9)(A–C) or; 

5 (3) whose appointment is made by a committee or sub6 committee of either House of Congress or a joint com7 mittee of the House of Representatives and the Senate; 

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

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

10 are equivalent to those of a Senior Executive Service po11 sition (within the meaning of section 3132(a)(2) of title 

12 5, United States Code). Accordingly, these regulations 

13 shall not apply to any employing office that only employs 

14 individuals excluded from the definition of covered em15 ployee. 

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

17 of ‘‘covered employee’’ in Section 4(c) of the VEOA lim18 its the scope of the statute’s applicability within the Leg19 islative branch. The term ‘‘covered employee’’ excludes 

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

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

22 whose appointment is made by a Member of Congress or 

23 by a committee or subcommittee of either House of Con24 gress or a joint committee of the House of Representa25 tives and the Senate; or (3) who is appointed to a posiVerDate Mar 15 2010 22:33 Dec 14, 2010 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\HR1757.IH HR1757

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1 tion, the duties of which are equivalent to those of a Sen2 ior Executive Service position (within the meaning of sec3 tion 3132(a)(2) of title 5, United States Code). Accord4 ingly, these regulations shall not apply to any employing 

5 office that only employs individuals excluded from the 

6 definition of covered employee. 

7 SEC. 1.102. DEFINITIONS. 

8 Except as otherwise provided in these regulations, as 

9 used in these regulations: 

10 (a) Accredited physician means a doctor of medicine 

11 or osteopathy who is authorized to practice medicine or 

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

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

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

15 must be authorized to diagnose and treat physical or men16 tal health conditions without supervision by a doctor or 

17 other health care provider. 

18 (b) Act or CAA means the Congressional Account19 ability Act of 1995, as amended (Pub. L. 104–1, 109 Stat. 

20 3, 2 U.S.C. §§ 1301–1438). 

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

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

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

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


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1 (d) Appointment means an individual’s appointment 

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

3 any personnel action that an employing office takes with 

4 regard to an existing employee of the employing office. 

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

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

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

8 of Compliance. 

9 H Regs: (g) Covered employee means any em10 ployee of (1) the House of Representatives; and (2) the 

11 Senate; (3) the Capitol Guide Board; (4) the Capitol Po12 lice Board; (5) the Congressional Budget Office; (6) the 

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

14 the Attending Physician; and (8) the Office of Compli15 ance, but does not include an employee (aa) whose ap16 pointment is made by the President with the advice and 

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

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

19 made by a committee or subcommittee of either House of 

20 Congress or a joint committee of the House of Represent21 atives and the Senate; or (dd) who is appointed to a posi22 tion, the duties of which are equivalent to those of a Sen23 ior Executive Service position (within the meaning of sec24 tion 3132(a)(2) of title 5, United States Code). The term 


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1 covered employee includes an applicant for employment in 

2 a covered position and a former covered employee. 

3 S. Regs: (g) Covered employee means any em4 ployee of (1) the House of Representatives; and (2) the 

5 Senate; (3) the Capitol Guide Board; (4) the Capitol Po6 lice Board; (5) the Congressional Budget Office; (6) the 

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

8 the Attending Physician; and (8) the Office of Compli9 ance, but does not include an employee (aa) whose ap10 pointment is made by the President with the advice and 

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

12 or directed by a Member of Congress; (cc) whose appoint13 ment is made by a committee or subcommittee of either 

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

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

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

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

18 of a Senior Executive Service position (within the mean19 ing of section 3132(a)(2) of title 5, United States Code). 

20 The term covered employee includes an applicant for em21 ployment in a covered position and a former covered em22 ployee. 

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

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

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


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

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

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

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

5 or (bb) whose appointment is made by a Member of Con6 gress or by a committee or subcommittee of either House 

7 of Congress or a joint committee of the House of Rep8 resentatives and the Senate; or (cc) who is appointed to 

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

10 a Senior Executive Service position (within the meaning 

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

12 term covered employee includes an applicant for employ13 ment in a covered position and a former covered em14 ployee. 

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

16 will be held by a covered employee. 

17 (i) Disabled veteran means a person who was sepa18 rated under honorable conditions from active duty in the 

19 armed forces performed at any time and who has estab20 lished the present existence of a service-connected dis21 ability or is receiving compensation, disability retirement 

22 benefits, or pensions because of a public statute adminis23 tered by the Department of Veterans Affairs or a military 

24 department. 


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

2 Capitol includes any employee of the Office of the Archi3 tect of the Capitol, the Botanic Gardens, or the Senate 

4 Restaurants. 

5 (k) Employee of the Capitol Police Board includes 

6 any member or officer of the Capitol Police. 

7 (l) Employee of the House of Representatives in8 cludes an individual occupying a position the pay of which 

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

10 or another official designated by the House of Representa11 tives, or any employment position in an entity that is paid 

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

13 House of Representatives but not any such individual em14 ployed by any entity listed in subparagraphs (3) through 

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

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

17 above. 

18 (m) Employee of the Senate includes any employee 

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

20 but not any such individual employed by any entity listed 

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

22 nor any individual described in subparagraphs (aa) 

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

24 H Regs: (n) Employing office means: (1) the per25 sonal office of a Member of the House of RepresentaVerDate Mar 15 2010 22:33 Dec 14, 2010 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\HR1757.IH HR1757

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1 tives; (2) a committee of the House of Representatives or 

2 a joint committee of the House of Representatives and 

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

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

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

6 of an employee of the House of Representatives or the 

7 Senate. 

8 S Regs: (n) Employing office means: (1) the per9 sonal office of a Senator; (2) a committee of the Senate 

10 or a joint committee of the House of Representatives and 

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

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

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

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

15 an employee of the House of Representatives or the Sen16 ate. 

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

18 Guide Board, the Capitol Police Board, the Congressional 

19 Budget Office, the Office of the Architect of the Capitol, 

20 the Office of the Attending Physician, and the Office of 

21 Compliance. 

22 (o) Office means the Office of Compliance. 

23 (p) Preference eligible means veterans, spouses, wid24 ows, widowers or mothers who meet the definition of 

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


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1 (q) Qualified applicant means an applicant for a cov2 ered position whom an employing office deems to satisfy 

3 the requisite minimum job-related requirements of the po4 sition. Where the employing office uses an entrance exam5 ination or evaluation for a covered position that is numeri6 cally scored, the term ‘‘qualified applicant’’ shall mean 

7 that the applicant has received a passing score on the ex8 amination or evaluation. 

9 (r) Separated under honorable conditions means ei10 ther an honorable or a general discharge from the armed 

11 forces. The Department of Defense is responsible for ad12 ministering and defining military discharges. 

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

14 commissioned corps of the Public Health Service, and the 

15 commissioned corps of the National Oceanic and Atmos16 pheric Administration. 

17 (t) VEOA means the Veterans Employment Opportu18 nities Act of 1998 (Pub. L. 105–339, 112 Stat. 3182). 

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

20 § 2108(1), or any superseding legislation. 

21 SEC. 1.103. ADOPTION OF REGULATIONS. 

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

23 VEOA generally authorizes the Board to issue regulations 

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

25 of the VEOA directs the Board to promulgate regulations 


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1 that are ‘‘the same as the most relevant substantive regu2 lations (applicable with respect to the Executive branch) 

3 promulgated to implement the statutory provisions re4 ferred to in paragraph (2)’’ of section 4(c) of the VEOA. 

5 Those statutory provisions are section 2108, sections 3309 

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

7 United States Code. The regulations issued by the Board 

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

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

10 it is the Board’s considered judgment based on the infor11 mation available to it at the time of promulgation of these 

12 regulations, that, with the exception of the regulations 

13 adopted and set forth herein, there are no other ‘‘sub14 stantive regulations (applicable with respect to the Execu15 tive branch) promulgated to implement the statutory pro16 visions referred to in paragraph (2)’’ of section 4(c) of 

17 the VEOA that need be adopted. 

18 (b) Modification of substantive regulations. As a 

19 qualification to the statutory obligation to issue regula20 tions that are ‘‘the same as the most substantive regula21 tions (applicable with respect to the Executive branch)’’, 

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

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

24 with the regulation, that a modification of such regula25 tions would be more effective for the implementation of 


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

2 VEOA. 

3 (c) Rationale for Departure from the Most Relevant 

4 Executive Branch Regulations. The Board concludes that 

5 it must promulgate regulations accommodating the human 

6 resource systems existing in the Legislative branch; and 

7 that such regulations must take into account the fact that 

8 the Board does not possess the statutory and Executive 

9 Order based government-wide policy making authority un10 derlying OPM’s counterpart VEOA regulations governing 

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

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

13 which does not exist in the employing offices subject to 

14 this regulation. Therefore, to follow the OPM regulations 

15 would create detailed and complex rules and procedures 

16 for a workforce that does not exist in the Legislative 

17 branch, while providing no VEOA protections to the cov18 ered Legislative branch employees. We have chosen to pro19 pose specially tailored regulations, rather than simply to 

20 adopt those promulgated by OPM, so that we may effec21 tuate Congress’ intent in extending the principles of the 

22 veterans’ preference laws to the Legislative branch 

23 through the VEOA. 


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1 SEC. 1.104. COORDINATION WITH SECTION 225 OF THE CON2 GRESSIONAL ACCOUNTABILITY ACT. 

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

4 requires that promulgated regulations must be consistent 

5 with section 225 of the CAA. Among the relevant provi6 sions of section 225 are subsection (f)(1), which pre7 scribes as a rule of construction that definitions and ex8 emptions in the laws made applicable by the CAA shall 

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

10 that the CAA shall not be considered to authorize en11 forcement 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. 

12 SEC. 1.105. RESPONSIBILITY FOR ADMINISTRATION OF VET13 ERANS’ PREFERENCE. 

14 Subject to section 1.106, employing offices with cov15 ered employees or covered positions are responsible for 

16 making all veterans’ preference determinations, con17 sistent with the VEOA. 

18 SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS UNDER 

19 THE VEOA. 

20 Applicants for appointment to a covered position and 

21 covered employees may contest adverse veterans’ pref22 erence determinations, including any determination that 

23 a preference eligible applicant is not a qualified applicant, 


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

2 §§ 1401–1416, and provisions of law referred to therein; 

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

4 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. 

5 SEC. 1.107. VETERANS’ PREFERENCE IN APPOINTMENTS TO 

6 RESTRICTED POSITIONS. 

7 In each appointment action for the positions of cus8 todian, elevator operator, guard, and messenger (as de9 fined below and collectively referred to in these regula10 tions as restricted covered positions) employing offices 

11 shall restrict competition to preference eligible applicants 

12 as long as qualified preference eligible applicants are 

13 available. The provisions of sections 1.109 and 1.110 

14 below shall apply to the appointment of a preference eli15 gible applicant to a restricted covered position. The provi16 sions of section 1.108 shall apply to the appointment of 

17 a preference eligible applicant to a restricted covered po18 sition, in the event that there is more than one preference 

19 eligible applicant for the position. 

20 Custodian—One whose primary duty is the perform21 ance of cleaning or other ordinary routine maintenance 

22 duties in or about a government building or a building 


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

2 reservation. 

3 Elevator operator—One whose primary duty is the 

4 running of freight or passenger elevators. The work in5 cludes opening and closing elevator gates and doors, 

6 working elevator controls, loading and unloading the eleva7 tor, giving information and directions to passengers such 

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

9 running the elevator. 

10 Guard—One whose primary duty is the assignment 

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

12 or a building under Federal control to prevent illegal 

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

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

15 other area designated by Federal authority, in order to 

16 protect life and property; make observations for detection 

17 of fire, trespass, unauthorized removal of public property 

18 or hazards to Federal personnel or property. The term 

19 guard does not include law enforcement officer positions 

20 of the Capitol Police Board. 

21 Messenger—One whose primary duty is the super22 vision or performance of general messenger work (such as 

23 running errands, delivering messages, and answering call 

24 bells). 


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1 SEC. 1.108. VETERANS’ PREFERENCE IN APPOINTMENTS TO 

2 NON-RESTRICTED COVERED POSITIONS. 

3 (a) Where an employing office has duly adopted a pol4 icy requiring the numerical scoring or rating of applicants 

5 for covered positions, the employing office shall add points 

6 to the earned ratings of those preference eligible appli7 cants who receive passing scores in an entrance examina8 tion, in a manner that is proportionately comparable to 

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

10 five preference points shall be granted to preference eligi11 ble applicants in a 100-point system, one point shall be 

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

13 (b) In all other situations involving appointment to 

14 a covered position, employing offices shall consider vet15 erans’ preference eligibility as an affirmative factor in the 

16 employing office’s determination of who will be appointed 

17 from among qualified applicants. 

18 SEC. 1.109. CREDITING EXPERIENCE IN APPOINTMENTS TO 

19 COVERED POSITIONS. 

20 When considering applicants for covered positions in 

21 which experience is an element of qualification, employing 

22 offices shall provide preference eligible applicants with 

23 credit: 

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

25 extension of time spent in the position in which the appli26 cant was employed immediately before his/her entrance 


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1 into the military service, or (2) on the basis of actual du2 ties performed in the military service, or (3) as a combina3 tion of both methods. Employing offices shall credit time 

4 spent in the military service according to the method that 

5 will be of most benefit to the preference eligible applicant; 

6 and 

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

8 which the applicant is being considered, including experi9 ence gained in religious, civic, welfare, service, and organi10 zational activities, regardless of whether he/she received 

11 pay therefor. 

12 SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS IN AP13 POINTMENTS TO COVERED POSITIONS. 

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

15 of a preference eligible for appointment, an employing of16 fice shall waive: 

17 (1) with respect to a preference eligible appli18 cant, requirements as to age, height, and weight, un19 less the requirement is essential to the performance 

20 of the duties of the position; and 

21 (2) with respect to a preference eligible appli22 cant to whom it has made a conditional offer of em23 ployment, physical requirements if, in the opinion of 

24 the employing office, on the basis of evidence before 

25 it, including any recommendation of an accredited 


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1 physician submitted by the preference eligible appli2 cant, the preference eligible applicant is physically 

3 able to perform efficiently the duties of the position; 

4 (b) Subject to (c) below, if an employing office deter5 mines, on the basis of evidence before it, including any 

6 recommendation of an accredited physician submitted by 

7 the preference eligible applicant, that an applicant to 

8 whom it has made a conditional offer of employment is 

9 preference eligible as a disabled veteran as described in 

10 5 U.S.C. § 2108(3)(c) and who has a compensable service11 connected disability of 30 percent or more is not able to 

12 fulfill the physical requirements of the covered position, 

13 the employing office shall notify the preference eligible ap14 plicant of the reasons for the determination and of the 

15 right to respond and to submit additional information to 

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

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

18 providing written notice to the preference eligible appli19 cant, shorten the period for submitting a response with 

20 respect to an appointment to a particular covered position, 

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

22 immediately. Should the preference eligible applicant make 

23 a timely response, the highest ranking individual or group 

24 of individuals with authority to make employment deci25 sions on behalf of the employing office shall render a final 


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1 determination of the physical ability of the preference eli2 gible applicant to perform the duties of the position, tak3 ing into account the response and any additional informa4 tion provided by the preference eligible applicant. When 

5 the employing office has completed its review of the pro6 posed disqualification on the basis of physical disability, 

7 it shall send its findings to the preference eligible appli8 cant. 

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

10 office of any obligations it may have pursuant to the 

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

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

13 § 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. 

14 SEC. 1.111. DEFINITIONS APPLICABLE IN REDUCTIONS IN 

15 FORCE. 

16 (a) Competing covered employees are the covered em17 ployees within a particular position or job classification, 

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

19 are defined below. 

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

21 office’s organizational structure, as determined by the em22 ploying office, in which covered employees compete for reVerDate Mar 15 2010 22:33 Dec 14, 2010 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\HR1757.IH HR1757

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1 tention. A competitive area must be defined solely in terms 

2 of the employing office’s organizational unit(s) and geo3 graphical location, and it must include all employees with4 in the competitive area so defined. A competitive area may 

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

6 competitive area is a department or subdivision of the em7 ploying office within the local commuting area. 

8 (c) Position classifications or job classifications are 

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

10 covered positions within a competitive area that are in the 

11 same grade, occupational level or classification, and which 

12 are similar enough in duties, qualification requirements, 

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

14 conditions so that an employing office may reassign the 

15 incumbent of one position to any of the other positions 

16 in the position classification without undue interruption. 

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

18 veterans’ preference in reductions in force, except with re19 spect to the application of section 1.114 of these regula20 tions regarding the waiver of physical requirements, the 

21 following shall apply: 

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

23 section 101 of title 37; 

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

25 means a member or former member of a uniformed 


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1 service who is entitled, under statute, to retired, re2 tirement, or retainer pay on account of his/her serv3 ice as such a member; and 

4 (3) a preference eligible covered employee who 

5 is a retired member of a uniformed service is consid6 ered a preference eligible only if 

7 (A) his/her retirement was based on dis8 ability— 

9 (i) resulting from injury or disease re10 ceived in line of duty as a direct result of 

11 armed conflict; or 

12 (ii) caused by an instrumentality of 

13 war and incurred in the line of duty during 

14 a period of war as defined by sections 101 

15 and 1101 of title 38; 

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

17 or more years of full-time active service, regard18 less of when performed but not including peri19 ods of active duty for training; or 

20 (C) on November 30, 1964, he/she was em21 ployed in a position to which this subchapter 

22 applies and thereafter he/she continued to be so 

23 employed without a break in service of more 

24 than 30 days. 


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

2 5 U.S.C § 2108 and section 1.102(o) of these regulations 

3 shall apply to waivers of physical requirements in deter4 mining an employee’s qualifications for retention under 

5 section 1.114 of these regulations. 

6 H&S Regs: (e) Reduction in force is any termi7 nation of a covered employee’s employment or the reduc8 tion in pay and/or position grade of a covered employee 

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

10 budgetary or workload reasons, changes resulting from 

11 reorganization, or the need to make room for an em12 ployee with reemployment or restoration rights. The term 

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

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

15 conduct or other grounds attributable to an employee, or 

16 (2) involving an employee who is employed by the em17 ploying office on a temporary basis, or (3) attributable to 

18 a change in party leadership or majority party status 

19 within the House of Congress where the employee is em20 ployed. 

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

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

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

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

25 workload reasons, changes resulting from reorganization, 


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1 or the need to make room for an employee with reemploy2 ment or restoration rights. The term ‘‘reduction in force’’ 

3 does not encompass a termination or other personnel ac4 tion: (1) predicated upon performance, conduct or other 

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

6 employee who is employed by the employing office on a 

7 temporary basis. 

8 (f) Undue interruption is a degree of interruption 

9 that would prevent the completion of required work by a 

10 covered employee 90 days after the employee has been 

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

12 standard should be considered within the allowable limits 

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

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

15 generally would not be considered to be unduly interrupted 

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

17 reduction in force to perform the optimum quality or 

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

19 if placement is made under this part to a program ac20 corded low priority by the employing office, or to a vacant 

21 position. 

22 SEC. 1.112. APPLICATION OF PREFERENCE IN REDUCTIONS 

23 IN FORCE. 

24 Prior to carrying out a reduction in force that will 

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1 mine which, if any, covered employees within a particular 

2 group of competing covered employees are entitled to vet3 erans’ preference eligibility status in accordance with 

4 these regulations. In determining which covered employ5 ees will be retained, employing offices will treat veterans’ 

6 preference as the controlling factor in retention decisions 

7 among such competing covered employees, regardless of 

8 length of service or performance, provided that the pref9 erence eligible employee’s performance has not been de10 termined to be unacceptable. Provided, a preference eligi11 ble employee who is a ‘‘disabled veteran’’ under section 

12 1.102(h) above who has a compensable service-connected 

13 disability of 30 percent or more and whose performance 

14 has not been determined to be unacceptable by an em15 ploying office is entitled to be retained in preference to 

16 other preference eligible employees. Provided, this section 

17 does not relieve an employing office of any greater obliga18 tion it may be subject to pursuant to the Worker Adjust19 ment and Retraining Notification Act (29 U.S.C. § 2101 

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

21 U.S.C. § 1302(a)(9). 


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1 SEC. 1.113. CREDITING EXPERIENCE IN REDUCTIONS IN 

2 FORCE. 

3 In computing length of service in connection with a 

4 reduction in force, the employing office shall provide 

5 credit to preference eligible covered employees as follows: 

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

7 a retired member of a uniformed service is entitled to cred8 it for the total length of time in active service in the armed 

9 forces; 

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

11 retired member of a uniformed service is entitled to credit 

12 for: 

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

14 armed forces during a war, or in a campaign or ex15 pedition for which a campaign badge has been au16 thorized; or 

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

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

19 § 3501(a)(3)(A), (B), or (C); and 

20 (c) a preference eligible covered employee is entitled 

21 to credit for: 

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

23 committee established pursuant to section 8(b) of 

24 the Soil Conservation and Allotment Act or of a 

25 committee or association of producers described in 


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

2 and 

3 (2) service rendered as an employee described 

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

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

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

7 a nonappropriated fund instrumentality of the De8 partment of Defense or the Coast Guard to a posi9 tion in the Department of Defense or the Coast 

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

11 § 2105(c). 

12 SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS IN RE13 DUCTIONS IN FORCE. 

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

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

16 eligible, the employing office shall waive, in determining 

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

18 force: 

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

20 unless the requirement is essential to the perform21 ance of the duties of the position; and 

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

23 the employing office, on the basis of evidence before 

24 it, including any recommendation of an accredited 

25 physician submitted by the employee, the preference 


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1 eligible covered employee is physically able to per2 form efficiently the duties of the position. 

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

4 employee who is a preference eligible as a disabled veteran 

5 as described in 5 U.S.C. § 2108(3)(c) and has a compen6 sable service-connected disability of 30 percent or more is 

7 not able to fulfill the physical requirements of the covered 

8 position, the employing office shall notify the preference 

9 eligible covered employee of the reasons for the determina10 tion and of the right to respond and to submit additional 

11 information to the employing office within 15 days of the 

12 date of the notification. Should the preference eligible cov13 ered employee make a timely response, the highest ranking 

14 individual or group of individuals with authority to make 

15 employment decisions on behalf of the employing office, 

16 shall render a final determination of the physical ability 

17 of the preference eligible covered employee to perform the 

18 duties of the covered position, taking into account the evi19 dence before it, including the response and any additional 

20 information provided by the preference eligible. When the 

21 employing office has completed its review of the proposed 

22 disqualification on the basis of physical disability, it shall 

23 send its findings to the preference eligible covered em24 ployee. 


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

2 office of any obligation it may have pursuant to the Ameri3 cans with Disabilities Act (42 U.S.C. § 12101 et seq.) as 

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

5 § 1302(a)(3). 

6 SEC. 1.115. TRANSFER OF FUNCTIONS. 

7 (a) When a function is transferred from one employ8 ing office to another employing office, each covered em9 ployee in the affected position classifications or job classi10 fications in the function that is to be transferred shall be 

11 transferred to the receiving employing office for employ12 ment in a covered position for which he/she is qualified 

13 before the receiving employing office may make an ap14 pointment from another source to that position. 

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

16 employing office, each covered employee in the affected po17 sition classifications or job classifications in the employing 

18 office to be replaced shall be transferred to the replacing 

19 employing office for employment in a covered position for 

20 which he/she is qualified before the replacing employing 

21 office may make an appointment from another source to 

22 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. 


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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. 

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

2 No later than 120 calendar days following Congres3 sional approval of this regulation, each employing office 

4 that employs one or more covered employees or that 

5 seeks applicants for a covered position shall adopt its 

6 written policy specifying how it has integrated the vet7 erans’ preference requirements of the Veterans Employ8 ment Opportunities Act of 1998 and these regulations 

9 into its employment and retention processes. Upon timely 

10 request and the demonstration of good cause, the Execu11 tive Director, in his/her discretion, may grant such an 

12 employing office additional time for preparing its policy. 

13 Each such employing office will make its policies avail14 able to applicants for appointment to a covered position 

15 and to covered employees in accordance with these regu16 lations. The act of adopting a veterans’ preference policy 

17 shall not relieve any employing office of any other respon18 sibility or requirement of the Veterans Employment Op19 portunity Act of 1998 or these regulations. An employing 

20 office may amend or replace its veterans’ preference poli21 cies as it deems necessary or appropriate, so long as the 

22 resulting policies are consistent with the VEOA and these 

23 regulations. 


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

2 An employing office that employs one or more cov3 ered employees or that seeks applicants for a covered po4 sition shall maintain any records relating to the applica5 tion of its veterans’ preference policy to applicants for 

6 covered positions and to workforce adjustment decisions 

7 affecting covered employees for a period of at least one 

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

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

10 from the date on which the applicant or covered employee 

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

12 been brought under section 401 of the CAA against an 

13 employing office under the VEOA, the respondent em14 ploying office shall preserve all personnel records relevant 

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

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

17 would include records relating to the veterans’ preference 

18 determination regarding the person bringing the claim 

19 and records relating to any veterans’ preference deter20 minations regarding other applicants for the covered posi21 tion the person sought, or records relating to the vet22 erans’ preference determinations regarding other covered 

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

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

25 means the latest of the date of expiration of the statutory 

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1 plaint with the Office or in a U.S. District Court or, 

2 where an action is brought against an employing office 

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

4 is terminated. 

5 SEC. 1.118. DISSEMINATION OF VETERANS’ PREFERENCE 

6 POLICIES TO APPLICANTS FOR COVERED PO7 SITIONS. 

8 (a) An employing office shall state in any announce9 ments and advertisements it makes concerning vacancies 

10 in covered positions that the staffing action is governed 

11 by the VEOA. 

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

13 covered position to identify themselves as veterans’ pref14 erence eligible applicants, provided that in doing so: 

15 (1) the employing office shall state clearly on 

16 any written application or questionnaire used for 

17 this purpose or make clear orally, if a written appli18 cation or questionnaire is not used, that the re19 quested information is intended for use solely in con20 nection with the employing office’s obligations and 

21 efforts to provide veterans’ preference to preference 

22 eligible applicants in accordance with the VEOA; 

23 (2) the employing office shall state clearly that 

24 disabled veteran status is requested on a voluntary 

25 basis, that it will be kept confidential in accordance 


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

2 § 12101 et seq.) as applied by section 102(a)(3) of 

3 the CAA, 2 U.S.C. § 1302(a)(3), that refusal to pro4 vide it will not subject the individual to any adverse 

5 treatment except the possibility of an adverse deter6 mination regarding the individual’s status as a pref7 erence eligible applicant as a disabled veteran under 

8 the VEOA, and that any information obtained in ac9 cordance with this section concerning the medical 

10 condition or history of an individual will be collected, 

11 maintained and used only in accordance with the 

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

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

14 2 U.S.C. § 1302(a)(3); and 

15 (3) the employing office shall state clearly that 

16 applicants may request information about the em17 ploying office’s veterans’ preference policies as they 

18 relate to appointments to covered positions, and 

19 shall describe the employing office’s procedures for 

20 making such requests. 

21 (c) Upon written request by an applicant for a cov22 ered position, an employing office shall provide the fol23 lowing information in writing: 

24 (1) the VEOA definition of veterans’ ‘‘pref25 erence eligible’’ as set forth in 5 U.S.C. § 2108 or 


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1 any superseding legislation, providing the actual, 

2 current definition in a manner designed to be under3 stood by applicants, along with the statutory cita4 tion; 

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

6 policy or a summary description of the employing of7 fice’s veterans’ preference policy as it relates to ap8 pointments to covered positions, including any proce9 dures the employing office shall use to identify pref10 erence eligible employees; and 

11 (3) the employing office may provide other in12 formation to applicants regarding its veterans’ pref13 erence policies and practices, but is not required to 

14 do so by these regulations. 

15 (d) Employing offices are also expected to answer 

16 questions from applicants for covered positions that are 

17 relevant and non-confidential concerning the employing of18 fice’s veterans’ preference policies and practices. 

19 SEC. 1.119. INFORMATION REGARDING VETERANS’ PREF20 ERENCE DETERMINATIONS IN APPOINT21 MENTS. 

22 Upon written request by an applicant for a covered 

23 position, the employing office shall promptly provide a 

24 written explanation of the manner in which veterans’ 

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1 ment decision regarding that applicant. Such explanation 

2 shall include at a minimum: 

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

4 or a summary description of the employing office’s vet5 erans’ preference policy as it relates to appointments to 

6 covered positions; and 

7 (b) a statement as to whether the applicant is pref8 erence eligible and, if not, a brief statement of the reasons 

9 for the employing office’s determination that the applicant 

10 is not preference eligible. 

11 SEC. 1.120. DISSEMINATION OF VETERANS’ PREFERENCE 

12 POLICIES TO COVERED EMPLOYEES. 

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

14 covered employees provides any written guidance to such 

15 employees concerning employee rights generally or reduc16 tions in force more specifically, such as in a written em17 ployee policy, manual or handbook, such guidance must 

18 include information concerning veterans’ preference under 

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

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

21 above shall include, at a minimum: 

22 (1) the VEOA definition of veterans’ ‘‘pref23 erence eligible’’ as set forth in 5 U.S.C. § 2108 or 

24 any superseding legislation, providing the actual, 

25 current definition along with the statutory citation; 


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

2 policy or a summary description of the employing of3 fice’s veterans’ preference policy as it relates to re4 ductions in force, including the procedures the em5 ploying office shall take to identify preference eligi6 ble employees; and 

7 (3) the employing office may provide other in8 formation in its guidances regarding its veterans’ 

9 preference policies and practices, but is not required 

10 to do so by these regulations. 

11 (c) Employing offices are also expected to answer 

12 questions from covered employees that are relevant and 

13 non-confidential concerning the employing office’s vet14 erans’ preference policies and practices. 

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

16 FORCE. 

17 (a) Except as provided under subsection (c), a cov18 ered employee may not be released due to a reduction in 

19 force, unless the covered employee and the covered em20 ployee’s exclusive representative for collective-bargaining 

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

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

23 before the covered employee is so released. 

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


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1 (1) the personnel action to be taken with re2 spect to the covered employee involved; 

3 (2) the effective date of the action; 

4 (3) a description of the procedures applicable in 

5 identifying employees for release; 

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

7 (5) the covered employee’s eligibility for vet8 erans’ preference in retention and how that pref9 erence eligibility was determined; 

10 (6) the retention status and preference eligi11 bility of the other employees in the affected position 

12 classifications or job classifications within the cov13 ered employee’s competitive area, by providing: 

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

15 covered employee’s position classification or job 

16 classification and competitive area who will be 

17 retained by the employing office, identifying 

18 those employees by job title only and stating 

19 whether each such employee is preference eligi20 ble; and 

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

22 covered employee’s position classification or job 

23 classification and competitive area who will not 

24 be retained by the employing office, identifying 

25 those employees by job title only and stating 


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1 whether each such employee is preference eligi2 ble; and 

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

4 which may be available. 

5 (c) The director of the employing office may, in writ6 ing, shorten the period of advance notice required under 

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

8 force, if necessary because of circumstances not reason9 ably foreseeable. 

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

11 30 days under this subsection. 

Æ 


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