•HRES 1757 EH 
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 sec-
tions 401–416 of the CAA, 2 U.S.C. §§ 1401–1416, and pro-
visions 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 RE-
STRICTED POSITIONS. 
In each appointment action for the positions of custo-
dian, elevator operator, guard, and messenger (as defined 
below and collectively referred to in these regulations as re-
stricted covered positions) employing offices shall restrict 
competition to preference eligible applicants as long as quali-
fied preference eligible applicants are available. The provi-
sions of sections 1.109 and 1.110 below shall apply to the ap-
pointment 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 re-
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•HRES 1757 EH 
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 run-
ning of freight or passenger elevators. The work includes 
opening and closing elevator gates and doors, working eleva-
tor controls, loading and unloading the elevator, giving infor-
mation 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 build-
ing under Federal control to prevent illegal entry of persons 
or property; or required to stand watch at or to patrol a Fed-
eral 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 re-
moval 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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•HRES 1757 EH 
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 re-
ceive 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 sys-
tem, 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 of-
fices shall provide preference eligible applicants with credit: 
(a) for time spent in the military service (1) as an exten-
sion of time spent in the position in which the applicant was 
employed immediately before his/her entrance into the mili-
tary service, or (2) on the basis of actual duties performed 
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•HRES 1757 EH 
in the military service, or (3) as a combination of both meth-
ods. 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 activi-
ties, regardless of whether he/she received pay therefor. 
SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS IN APPOINT-
MENTS 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 du-
ties of the position; 
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•HRES 1757 EH 
(b) Subject to (c) below, if an employing office deter-
mines, on the basis of evidence before it, including any rec-
ommendation 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 require-
ments of the covered position, the employing office shall no-
tify the preference eligible applicant of the reasons for the de-
termination and of the right to respond and to submit addi-
tional information to the employing office, within 15 days of 
the date of the notification. The director of the employing of-
fice 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 imme-
diately. Should the preference eligible applicant make a time-
ly response, the highest ranking individual or group of indi-
viduals with authority to make employment decisions on be-
half 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 re-
sponse and any additional information provided by the pref-
erence eligible applicant. When the employing office has com-
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•HRES 1757 EH 
pleted its review of the proposed disqualification on the basis 
of physical disability, it shall send its findings to the pref-
erence eligible applicant. 
(c) Nothing in this section shall relieve an employing of-
fice 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 em-
ployees within a particular position or job classification, at or 
within a particular competitive area, as those terms are de-
fined below. 
(b) Competitive area is that portion of the employing of-
fice’s organizational structure, as determined by the employ-
ing office, in which covered employees compete for retention. 
A competitive area must be defined solely in terms of the em-
ploying office’s organizational unit(s) and geographical loca-
tion, 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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