•HRES 1757 EH 
(1) requirements as to age, height, and weight, un-
less 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, in-
cluding any recommendation of an accredited physician 
submitted by the employee, the preference eligible cov-
ered employee is physically able to perform efficiently 
the duties of the position. 
(b) If an employing office determines that a covered em-
ployee 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 cov-
ered 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 notifica-
tion. 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 determina-
tion 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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•HRES 1757 EH 
and any additional information provided by the preference eli-
gible. When the employing office has completed its review of 
the proposed disqualification on the basis of physical dis-
ability, it shall send its findings to the preference eligible cov-
ered employee. 
(c) Nothing in this section shall relieve an employing of-
fice 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 em-
ploying 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 posi-
tion classifications or job classifications in the employing of-
fice to be replaced shall be transferred to the replacing em-
ploying 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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•HRES 1757 EH 
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 appoint-
ments. 
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 em-
ploys 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 proc-
esses. 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 regula-
tions. 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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•HRES 1757 EH 
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 vet-
erans’ preference policy to applicants for covered positions 
and to workforce adjustment decisions affecting covered em-
ployees for a period of at least one year from the date of the 
making of the record or the date of the personnel action in-
volved or, if later, one year from the date on which the appli-
cant 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 re-
spondent 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 de-
termination 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 deter-
minations 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 expi-
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•HRES 1757 EH 
ration of the statutory period within which the aggrieved per-
son 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 litiga-
tion is terminated. 
SEC. 1.118. DISSEMINATION OF VETERANS’ PREFERENCE POLI-
CIES TO APPLICANTS FOR COVERED POSITIONS. 
(a) An employing office shall state in any announce-
ments 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 cov-
ered position to identify themselves as veterans’ preference el-
igible applicants, provided that in doing so: 
(1) the employing office shall state clearly on any 
written application or questionnaire used for this pur-
pose 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 employ-
ing 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 dis-
abled veteran status is requested on a voluntary basis, 
that it will be kept confidential in accordance with the 
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•HRES 1757 EH 
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 infor-
mation obtained in accordance with this section con-
cerning 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 ap-
plicants may request information about the employing 
office’s veterans’ preference policies as they relate to ap-
pointments 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 infor-
mation in writing: 
(1) the VEOA definition of veterans’ ‘‘preference el-
igible’’ as set forth in 5 U.S.C. § 2108 or any super-
seding legislation, providing the actual, current defini-
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•HRES 1757 EH 
tion in a manner designed to be understood by appli-
cants, along with the statutory citation; 
(2) the employing office’s veterans’ preference pol-
icy or a summary description of the employing office’s 
veterans’ preference policy as it relates to appointments 
to covered positions, including any procedures the em-
ploying office shall use to identify preference eligible em-
ployees; and 
(3) the employing office may provide other informa-
tion to applicants regarding its veterans’ preference poli-
cies and practices, but is not required to do so by these 
regulations. 
(d) Employing offices are also expected to answer ques-
tions from applicants for covered positions that are relevant 
and non-confidential concerning the employing office’s vet-
erans’ preference policies and practices. 
SEC. 
1.119. 
INFORMATION 
REGARDING 
VETERANS’ 
PREF-
ERENCE DETERMINATIONS IN APPOINTMENTS. 
Upon written request by an applicant for a covered posi-
tion, the employing office shall promptly provide a written ex-
planation of the manner in which veterans’ preference was 
applied in the employing office’s appointment decision regard-
ing that applicant. Such explanation shall include at a min-
imum: 
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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 po-
sitions; 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 POLI-
CIES TO COVERED EMPLOYEES. 
(a) If an employing office that employs one or more cov-
ered employees provides any written guidance to such employ-
ees 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 el-
igible’’ as set forth in 5 U.S.C. § 2108 or any super-
seding legislation, providing the actual, current defini-
tion along with the statutory citation; 
(2) the employing office’s veterans’ preference pol-
icy or a summary description of the employing office’s 
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•HRES 1757 EH 
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 informa-
tion 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 ques-
tions from covered employees that are relevant and non-con-
fidential concerning the employing office’s veterans’ pref-
erence 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, un-
less the covered employee and the covered employee’s exclu-
sive representative for collective-bargaining purposes (if any) 
are given written notice, in conformance with the require-
ments 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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•HRES 1757 EH 
(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 eligi-
bility was determined; 
(6) the retention status and preference eligibility of 
the other employees in the affected position classifica-
tions or job classifications within the covered employee’s 
competitive area, by providing: 
(A) a list of all covered employee(s) in the cov-
ered employee’s position classification or job classi-
fication and competitive area who will be retained 
by the employing office, identifying those employees 
by job title only and stating whether each such em-
ployee is preference eligible; and 
(B) a list of all covered employee(s) in the cov-
ered employee’s position classification or job classi-
fication and competitive area who will not be re-
tained by the employing office, identifying those em-
ployees 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 sub-
section (a), with respect to a particular reduction in force, if 
necessary because of circumstances not reasonably foresee-
able. 
(d) No notice period may be shortened to less than 30 
days under this subsection. 
Attest: 
Clerk. 
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