•HRES 1757 IH 
SEC. 2. APPLICATION OF REGULATIONS. 
(a) IN GENERAL.—For purposes of applying the 
issued regulations as a body of regulations required by sec-
tion 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 Rep-
resentatives and employees of the House of Representa-
tives. 
(b) DEFINITION.—In this section, the term ‘‘em-
ployee of the House of Representatives’’ has the meaning 
given the term in section 101 of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1301), except as lim-
ited 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 con-
sidered to be a reference to the Office of Congres-
sional Accessibility Services; 
(2) to the Capitol Police Board shall be consid-
ered to be a reference to the Capitol Police; 
(3) to the Senate Restaurants (which are no 
longer public entities) shall be disregarded; and 
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(4) in sections 1.110(b) and 1.121(c), to the di-
rector of an employing office shall be considered to 
be a reference to the head of an employing office. 
(b) CROSS REFERENCES TO PROVISIONS OF REGU-
LATIONS.—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 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 classi-
fied 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). 
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(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 Vet-
erans 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 Supple-
mental 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; 
(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 Con-
servation and Domestic Allotment Act; and 
(7) to the Agricultural Adjustment Act shall be 
considered to be a reference to the Agricultural Ad-
justment Act, reenacted with amendments by the 
Agricultural Marketing Agreement Act of 1937. 
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(d) OTHER CORRECTIONS.—In the issued regula-
tions— 
(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 clas-
sified 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); 
(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 eligi-
ble’’; 
(7) sections 1.118(c) and 1.120(b) shall be con-
sidered 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. 
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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 cov-
ered 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 reg-
ulations 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 Re-
lating to Veterans’ Preference Under Title 5, United 
States Code, to Covered Employees of the Legislative 
Branch (section 4(c) of the Veterans Employment Oppor-
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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SEC. 1.101. PURPOSE AND SCOPE. 
(a) Section 4(c) of the VEOA. The Veterans Employ-
ment Opportunities Act (VEOA) applies the rights and 
protections of sections 2108, 3309 through 3312, and sub-
chapter 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’ pref-
erence 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 inte-
grated 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 appoint-
ment and retention decisions. Provided, nothing in these 
regulations shall be construed so as to require an employ-
ing office to reduce any existing veterans’ preference 
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rights and protections that it may afford to preference eli-
gible individuals. 
H Regs:
(c) Scope of Regulations. The definition 
of ‘‘covered employee’’ in Section 4(c) of the VEOA lim-
its the scope of the statute’s applicability within the Leg-
islative 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 equiva-
lent to those of a Senior Executive Service position (with-
in 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 individ-
uals 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 lim-
its the scope of the statute’s applicability within the Leg-
islative branch. The term ‘‘covered employee’’ excludes 
any employee: (1) whose appointment is made by the 
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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 sub-
committee of either House of Congress or a joint com-
mittee 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 po-
sition (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 em-
ployee. 
C Reg:
(c) Scope of Regulations. The definition 
of ‘‘covered employee’’ in Section 4(c) of the VEOA lim-
its the scope of the statute’s applicability within the Leg-
islative 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 Con-
gress or a joint committee of the House of Representa-
tives and the Senate; or (3) who is appointed to a posi-
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tion, the duties of which are equivalent to those of a Sen-
ior Executive Service position (within the meaning of sec-
tion 3132(a)(2) of title 5, United States Code). Accord-
ingly, 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 men-
tal health conditions without supervision by a doctor or 
other health care provider. 
(b) Act or CAA means the Congressional Account-
ability 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. 
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(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. 
(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 em-
ployee of (1) the House of Representatives; and (2) the 
Senate; (3) the Capitol Guide Board; (4) the Capitol Po-
lice 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 Compli-
ance, but does not include an employee (aa) whose ap-
pointment 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 Represent-
atives and the Senate; or (dd) who is appointed to a posi-
tion, the duties of which are equivalent to those of a Sen-
ior Executive Service position (within the meaning of sec-
tion 3132(a)(2) of title 5, United States Code). The term 
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covered employee includes an applicant for employment in 
a covered position and a former covered employee. 
S. Regs:
(g) Covered employee means any em-
ployee of (1) the House of Representatives; and (2) the 
Senate; (3) the Capitol Guide Board; (4) the Capitol Po-
lice 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 Compli-
ance, but does not include an employee (aa) whose ap-
pointment 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 appoint-
ment 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 mean-
ing of section 3132(a)(2) of title 5, United States Code). 
The term covered employee includes an applicant for em-
ployment in a covered position and a former covered em-
ployee. 
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 
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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 Con-
gress or by a committee or subcommittee of either House 
of Congress or a joint committee of the House of Rep-
resentatives and the Senate; 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 employ-
ment in a covered position and a former covered em-
ployee. 
(h) Covered position means any position that is or 
will be held by a covered employee. 
(i) Disabled veteran means a person who was sepa-
rated under honorable conditions from active duty in the 
armed forces performed at any time and who has estab-
lished the present existence of a service-connected dis-
ability or is receiving compensation, disability retirement 
benefits, or pensions because of a public statute adminis-
tered by the Department of Veterans Affairs or a military 
department. 
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tives; (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 per-
sonal 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 privileges of the employment of 
an employee of the House of Representatives or the Sen-
ate. 
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, wid-
ows, widowers or mothers who meet the definition of 
‘‘preference eligible’’ in 5 U.S.C. § 2108(3)(A)–(G). 
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(q) Qualified applicant means an applicant for a cov-
ered position whom an employing office deems to satisfy 
the requisite minimum job-related requirements of the po-
sition. Where the employing office uses an entrance exam-
ination or evaluation for a covered position that is numeri-
cally scored, the term ‘‘qualified applicant’’ shall mean 
that the applicant has received a passing score on the ex-
amination or evaluation. 
(r) Separated under honorable conditions means ei-
ther an honorable or a general discharge from the armed 
forces. The Department of Defense is responsible for ad-
ministering and defining military discharges. 
(s) Uniformed services means the armed forces, the 
commissioned corps of the Public Health Service, and the 
commissioned corps of the National Oceanic and Atmos-
pheric Administration. 
(t) VEOA means the Veterans Employment Opportu-
nities 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 
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that are ‘‘the same as the most relevant substantive regu-
lations (applicable with respect to the Executive branch) 
promulgated to implement the statutory provisions re-
ferred 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 infor-
mation 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 ‘‘sub-
stantive regulations (applicable with respect to the Execu-
tive branch) promulgated to implement the statutory pro-
visions 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 regula-
tions that are ‘‘the same as the most substantive regula-
tions (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 regula-
tions would be more effective for the implementation of 
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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 un-
derlying 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 VEOA protections to the cov-
ered Legislative branch employees. We have chosen to pro-
pose specially tailored regulations, rather than simply to 
adopt those promulgated by OPM, so that we may effec-
tuate Congress’ intent in extending the principles of the 
veterans’ preference laws to the Legislative branch 
through the VEOA. 
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SEC. 1.104. COORDINATION WITH SECTION 225 OF THE CON-
GRESSIONAL 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 provi-
sions of section 225 are subsection (f)(1), which pre-
scribes as a rule of construction that definitions and ex-
emptions 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 en-
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. 
SEC. 1.105. RESPONSIBILITY FOR ADMINISTRATION OF VET-
ERANS’ PREFERENCE. 
Subject to section 1.106, employing offices with cov-
ered employees or covered positions are responsible for 
making all veterans’ preference determinations, con-
sistent with the VEOA. 
SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS UNDER 
THE VEOA. 
Applicants for appointment to a covered position and 
covered employees may contest adverse veterans’ pref-
erence determinations, including any determination that 
a preference eligible applicant is not a qualified applicant, 
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