H. Res. 1757 
In the House of Representatives, U.S., 
December 15, 2010. 
Resolved, 
SECTION 1. APPROVAL OF REGULATIONS. 
The regulations issued by the Office of Compliance on 
March 21, 2008, and stated in section 4, with the technical 
corrections described in section 3 and to the extent applied 
by section 2, are hereby approved. 
SEC. 2. APPLICATION OF REGULATIONS. 
(a) IN GENERAL.—For purposes of applying the issued 
regulations as a body of regulations required by section 
304(a)(2)(B)(i) of the Congressional Accountability Act of 
1995 (2 U.S.C. 1384(a)(2)(B)(i)), the portions of the issued 
regulations that are unclassified or classified with an ‘‘H’’ 
designation shall apply to the House of Representatives and 
employees of the House of Representatives. 
(b) DEFINITION.—In this section, the term ‘‘employee of 
the House of Representatives’’ has the meaning given the 
term in section 101 of the Congressional Accountability Act 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00001
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
of 1995 (2 U.S.C. 1301), except as limited by the regulations 
(as corrected under section 3). 
SEC. 3. TECHNICAL CORRECTIONS. 
(a) CURRENT NAMES OF OFFICES AND HEADS OF OF-
FICES.—A reference in the issued regulations— 
(1) to the Capitol Guide Board or the Capitol Guide 
Service (which no longer exist) shall be considered to be 
a reference to the Office of Congressional Accessibility 
Services; 
(2) to the Capitol Police Board shall be considered 
to be a reference to the Capitol Police; 
(3) to the Senate Restaurants (which are no longer 
public entities) shall be disregarded; and 
(4) in sections 1.110(b) and 1.121(c), to the direc-
tor of an employing office shall be considered to be a ref-
erence to the head of an employing office. 
(b) CROSS REFERENCES TO PROVISIONS OF REGULA-
TIONS.—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 para-
graph (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 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00002
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
that section (as specified in the regulations classified 
with an ‘‘H’’ classification); 
(3) in section 1.102(m), to subparagraphs (aa) 
through (ee) of section 1.102(g) shall be considered to 
be a reference to subparagraphs (aa) through (ee) of 
that section (as specified in the regulations classified 
with an ‘‘S’’ classification); 
(4) in section 1.111(d), to section 1.102(o) shall be 
considered to be a reference to section 1.102(p); and 
(5) in section 1.112, to section 1.102(h) shall be 
considered to be a reference to section 1.102(i). 
(c) CROSS REFERENCES
TO OTHER PROVISIONS
OF 
LAW.—A reference in the issued regulations— 
(1) to the Veterans Employment Opportunities Act 
shall be considered to be a reference to the Veterans 
Employment Opportunities Act of 1998; 
(2) to 2 U.S.C. 43d(a) shall be considered to be a 
reference to section 105(a) of the Second Supplemental 
Appropriations Act, 1978; 
(3) to 2 U.S.C. 1316a(3) shall be considered to be 
a reference to section 4(c)(3) of the Veterans Employ-
ment 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; 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00003
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
(5) to the Americans with Disabilities Act shall be 
considered to be a reference to the Americans with Dis-
abilities Act of 1990; 
(6) to the Soil Conservation and Allotment Act shall 
be considered to be a reference to the Soil Conservation 
and Domestic Allotment Act; and 
(7) to the Agricultural Adjustment Act shall be con-
sidered to be a reference to the Agricultural Adjustment 
Act, reenacted with amendments by the Agricultural 
Marketing Agreement Act of 1937. 
(d) OTHER CORRECTIONS.—In the issued regulations— 
(1) in section 1.102(g)(1) (in the regulations classi-
fied with an ‘‘H’’ classification), the ‘‘and’’ at the end 
shall be disregarded; 
(2) section 1.102(g)(7) (in the regulations classified 
with an ‘‘H’’ classification) shall be considered to have 
an ‘‘or’’ at the end; 
(3) section 1.109 shall be considered to have an 
‘‘and’’ after paragraph (a); 
(4) the second sentence of section 1.116 shall be 
disregarded; 
(5) section 1.118(b) shall be considered to have an 
‘‘and’’ after paragraph (2) rather than paragraph (1); 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00004
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
(6) a reference in sections 1.118(c)(1) and 
1.120(b)(1) to veterans’ ‘‘preference eligible’’ shall be 
considered to be a reference to ‘‘preference eligible’’; 
(7) sections 1.118(c) and 1.120(b) shall be consid-
ered to have an ‘‘and’’ after paragraph (1); and 
(8) section 1.121(b)(6)(B) shall be considered to 
have an ‘‘and’’ at the end. 
SEC. 4. REGULATIONS. 
When approved by the House of Representatives for the 
House of Representatives, these regulations will have the pre-
fix ‘‘H.’’ When approved by the Senate for the Senate, these 
regulations will have the prefix ‘‘S.’’ When approved by Con-
gress for the other employing offices covered by the CAA, 
these regulations will have the prefix ‘‘C.’’ 
In this draft, ‘‘H&S Regs’’ denotes the provi-
sions that would be included in the regulations 
applicable to be made applicable to the House 
and Senate, and ‘‘C Reg’’ denotes the provisions 
that would be included in the regulations to be 
made applicable to other employing offices. 
PART 1—Extension of Rights and Protections Relating 
to Veterans’ Preference Under Title 5, United States Code, 
to Covered Employees of the Legislative Branch (section 4(c) 
of the Veterans Employment Opportunities Act of 1998) 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00005
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
SUBPART A—MATTERS OF GENERAL APPLICABILITY TO ALL REGULATIONS 
PROMULGATED UNDER SECTION 4 OF THE VEOA 
Sec. 
1.101
Purpose and scope. 
1.102
Definitions. 
1.103
Adoption of regulations. 
1.104
Coordination with section 225 of the Congressional Accountability Act. 
SEC. 1.101. PURPOSE AND SCOPE. 
(a) Section 4(c) of the VEOA. The Veterans Employ-
ment Opportunities Act (VEOA) applies the rights and pro-
tections 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 Di-
rectors of the Office of Compliance has promulgated pursuant 
to section 4(c)(4) of the VEOA, in accordance with the rule-
making procedure set forth in section 304 of the CAA (2 
U.S.C. § 1384). The purpose of subparts B, C and D of these 
regulations is to define veterans’ preference and the adminis-
tration of veterans’ preference as applicable to Federal em-
ployment in the Legislative branch. (5 U.S.C. § 2108, as ap-
plied by the VEOA). The purpose of subpart E of these regu-
lations is to ensure that the principles of the veterans’ pref-
erence laws are integrated into the existing employment and 
retention policies and processes of those employing offices 
with employees covered by the VEOA, and to provide for 
transparency in the application of veterans’ preference in cov-
ered appointment and retention decisions. Provided, nothing 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00006
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
in these regulations shall be construed so as to require an 
employing office to reduce any existing veterans’ preference 
rights and protections that it may afford to preference eligible 
individuals. 
H Regs:
(c) Scope of Regulations. The definition of 
‘‘covered employee’’ in Section 4(c) of the VEOA limits the 
scope of the statute’s applicability within the Legislative 
branch. The term ‘‘covered employee’’ excludes any employee: 
(1) whose appointment is made by the President with the ad-
vice 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 com-
mittee of the House of Representatives and the Senate; or (4) 
who is appointed to a position, the duties of which are equiv-
alent to those of a Senior Executive Service position (within 
the meaning of section 3132(a)(2) of title 5, United States 
Code). Accordingly, these regulations shall not apply to any 
employing office that only employs individuals excluded from 
the definition of covered employee. 
S Regs:
(c) Scope of Regulations. The definition of 
‘‘covered employee’’ in Section 4(c) of the VEOA limits the 
scope of the statute’s applicability within the Legislative 
branch. The term ‘‘covered employee’’ excludes any employee: 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00007
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
(1) whose appointment is made by the President with the ad-
vice and consent of the Senate; (2) whose appointment is 
made or directed by a Member of Congress within an employ-
ing office, as defined by Sec. 101(9)(A–C) of the CAA, 2 
U.S.C. § 1301 (9)(A–C) or; (3) whose appointment is made 
by a committee or subcommittee of either House of Congress 
or a joint committee of the House of Representatives and the 
Senate; (4) who is appointed pursuant to 2 U.S.C. § 43d(a); 
or (5) who is appointed to a position, the duties of which are 
equivalent to those of a Senior Executive Service position 
(within the meaning of section 3132(a)(2) of title 5, United 
States Code). Accordingly, these regulations shall not apply 
to any employing office that only employs individuals ex-
cluded from the definition of covered employee. 
C Reg:
(c) Scope of Regulations. The definition of 
‘‘covered employee’’ in Section 4(c) of the VEOA limits the 
scope of the statute’s applicability within the Legislative 
branch. The term ‘‘covered employee’’ excludes any employee: 
(1) whose appointment is made by the President with the ad-
vice and consent of the Senate; (2) whose appointment is 
made by a Member of Congress or by a committee or sub-
committee of either House of Congress or a joint committee 
of the House of Representatives and the Senate; or (3) who 
is appointed to a position, the duties of which are equivalent 
to those of a Senior Executive Service position (within the 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00008
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
meaning of section 3132(a)(2) of title 5, United States 
Code). Accordingly, these regulations shall not apply to any 
employing office that only employs individuals excluded from 
the definition of covered employee. 
SEC. 1.102. DEFINITIONS. 
Except as otherwise provided in these regulations, as 
used in these regulations: 
(a) Accredited physician means a doctor of medicine or 
osteopathy who is authorized to practice medicine or surgery 
(as appropriate) by the State in which the doctor practices. 
The phrase ‘‘authorized to practice by the State’’ as used in 
this section means that the provider must be authorized to 
diagnose and treat physical or mental health conditions with-
out supervision by a doctor or other health care provider. 
(b) Act or CAA means the Congressional Accountability 
Act of 1995, as amended (Pub. L. 104–1, 109 Stat. 3, 2 
U.S.C. §§ 1301–1438). 
(c) Active duty or active military duty means full-time 
duty with military pay and allowances in the armed forces, 
except (1) for training or for determining physical fitness and 
(2) for service in the Reserves or National Guard. 
(d) Appointment means an individual’s appointment to 
employment in a covered position, but does not include any 
personnel action that an employing office takes with regard 
to an existing employee of the employing office. 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00009
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
ate; or (cc) who is appointed to a position, the duties of 
which are equivalent to those of a Senior Executive Service 
position (within the meaning of section 3132(a)(2) of title 5, 
United States Code). The term covered employee includes an 
applicant for employment in a covered position and a former 
covered employee. 
(h) Covered position means any position that is or will 
be held by a covered employee. 
(i) Disabled veteran means a person who was separated 
under honorable conditions from active duty in the armed 
forces performed at any time and who has established the 
present existence of a service-connected disability or is receiv-
ing compensation, disability retirement benefits, or pensions 
because of a public statute administered by the Department 
of Veterans Affairs or a military department. 
(j) Employee of the Office of the Architect of the Capitol 
includes any employee of the Office of the Architect of the 
Capitol, the Botanic Gardens, or the Senate Restaurants. 
(k) Employee of the Capitol Police Board includes any 
member or officer of the Capitol Police. 
(l) Employee of the House of Representatives includes 
an individual occupying a position the pay of which is dis-
bursed by the Clerk of the House of Representatives, or an-
other official designated by the House of Representatives, or 
any employment position in an entity that is paid with funds 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00012
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
derived from the clerk-hire allowance of the House of Rep-
resentatives but not any such individual employed by any en-
tity listed in subparagraphs (3) through (8) of paragraph (g) 
above nor any individual described in subparagraphs (aa) 
through (dd) of paragraph (g) above. 
(m) Employee of the Senate includes any employee 
whose pay is disbursed by the Secretary of the Senate, but 
not any such individual employed by any entity listed in sub-
paragraphs (3) through (8) of paragraph (g) above nor any 
individual described in subparagraphs (aa) through (ee) of 
paragraph (g) above. 
H Regs:
(n) Employing office means: (1) the personal 
office of a Member of the House of Representatives; (2) a 
committee of the House of Representatives or a joint com-
mittee of the House of Representatives and the Senate; or (3) 
any other office headed by a person with the final authority 
to appoint, hire, discharge, and set the terms, conditions, or 
privileges of the employment of an employee of the House of 
Representatives or the Senate. 
S Regs:
(n) Employing office means: (1) the personal 
office of a Senator; (2) a committee of the Senate or a joint 
committee of the House of Representatives and the Senate; 
or (3) any other office headed by a person with the final au-
thority to appoint, or be directed by a Member of Congress 
to appoint, hire, discharge, and set the terms, conditions, or 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00013
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
privileges of the employment of an employee of the House of 
Representatives or the Senate. 
C Reg:
(n) Employing office means: the Capitol Guide 
Board, the Capitol Police Board, the Congressional Budget 
Office, the Office of the Architect of the Capitol, the Office 
of the Attending Physician, and the Office of Compliance. 
(o) Office means the Office of Compliance. 
(p) Preference eligible means veterans, spouses, widows, 
widowers or mothers who meet the definition of ‘‘preference 
eligible’’ in 5 U.S.C. § 2108(3)(A)–(G). 
(q) Qualified applicant means an applicant for a covered 
position whom an employing office deems to satisfy the req-
uisite minimum job-related requirements of the position. 
Where the employing office uses an entrance examination or 
evaluation for a covered position that is numerically scored, 
the term ‘‘qualified applicant’’ shall mean that the applicant 
has received a passing score on the examination or evalua-
tion. 
(r) Separated under honorable conditions means either 
an honorable or a general discharge from the armed forces. 
The Department of Defense is responsible for administering 
and defining military discharges. 
(s) Uniformed services means the armed forces, the com-
missioned corps of the Public Health Service, and the com-
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00014
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
missioned corps of the National Oceanic and Atmospheric 
Administration. 
(t) VEOA means the Veterans Employment Opportuni-
ties Act of 1998 (Pub. L. 105–339, 112 Stat. 3182). 
(u) Veterans means persons as defined in 5 U.S.C. 
§ 2108(1), or any superseding legislation. 
SEC. 1.103. ADOPTION OF REGULATIONS. 
(a) Adoption of regulations. Section 4(c)(4)(A) of the 
VEOA generally authorizes the Board to issue regulations to 
implement section 4(c). In addition, section 4(c)(4)(B) of the 
VEOA directs the Board to promulgate regulations that are 
‘‘the same as the most relevant substantive regulations (ap-
plicable with respect to the Executive branch) promulgated to 
implement the statutory provisions referred to in paragraph 
(2)’’ of section 4(c) of the VEOA. Those statutory provisions 
are section 2108, sections 3309 through 3312, and sub-
chapter 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 judg-
ment based on the information available to it at the time of 
promulgation of these regulations, that, with the exception of 
the regulations adopted and set forth herein, there are no 
other ‘‘substantive regulations (applicable with respect to the 
Executive branch) promulgated to implement the statutory 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00015
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
provisions referred to in paragraph (2)’’ of section 4(c) of the 
VEOA that need be adopted. 
(b) Modification of substantive regulations. As a quali-
fication to the statutory obligation to issue regulations that 
are ‘‘the same as the most substantive regulations (applicable 
with respect to the Executive branch)’’, section 4(c)(4)(B) of 
the VEOA authorizes the Board to ‘‘determine, for good 
cause shown and stated together with the regulation, that a 
modification of such regulations would be more effective for 
the implementation of the rights and protections under’’ sec-
tion 4(c) of the VEOA. 
(c) Rationale for Departure from the Most Relevant Ex-
ecutive Branch Regulations. The Board concludes that it 
must promulgate regulations accommodating the human re-
source systems existing in the Legislative branch; and that 
such regulations must take into account the fact that the 
Board does not possess the statutory and Executive Order 
based government-wide policy making authority underlying 
OPM’s counterpart VEOA regulations governing the Execu-
tive branch. OPM’s regulations are designed for the competi-
tive 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 de-
tailed and complex rules and procedures for a workforce that 
does not exist in the Legislative branch, while providing no 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00016
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK
•HRES 1757 EH 
VEOA protections to the covered Legislative branch employ-
ees. We have chosen to propose specially tailored regulations, 
rather than simply to adopt those promulgated by OPM, so 
that we may effectuate Congress’ intent in extending the 
principles of the veterans’ preference laws to the Legislative 
branch through the VEOA. 
SEC. 1.104. COORDINATION WITH SECTION 225 OF THE CON-
GRESSIONAL ACCOUNTABILITY ACT. 
Statutory directive. Section 4(c)(4)(C) of the VEOA re-
quires that promulgated regulations must be consistent with 
section 225 of the CAA. Among the relevant provisions of 
section 225 are subsection (f)(1), which prescribes as a rule 
of construction that definitions and exemptions in the laws 
made applicable by the CAA shall apply under the CAA, and 
subsection (f)(3), which states that the CAA shall not be con-
sidered to authorize enforcement of the CAA by the Executive 
branch. 
SUBPART B—VETERANS’ PREFERENCE—GENERAL PROVISIONS 
Sec. 
1.105 Responsibility for administration of veterans’ preference. 
1.106 Procedures for bringing claims under the VEOA. 
SEC. 1.105. RESPONSIBILITY FOR ADMINISTRATION OF VET-
ERANS’ PREFERENCE. 
Subject to section 1.106, employing offices with covered 
employees or covered positions are responsible for making all 
veterans’ preference determinations, consistent with the 
VEOA. 
VerDate Nov 24 2008 
10:39 Dec 16, 2010
Jkt 000000
PO 00000
Frm 00017
Fmt 6652
Sfmt 6300
Z:\ENGROSS\HR1757.EH
CLERK