Page:United States Statutes at Large Volume 124.djvu/4590

 124 STAT. 4564 CONCURRENT RESOLUTIONS—DEC. 15, 2010 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 gov- erning 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 covered Legislative branch employees. 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 CONGRES- SIONAL 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 provisions of section 225 are sub- section (f)(1), which prescribes as a rule of construction that defini- tions 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 considered 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 VETERANS’ PREFERENCE. Subject to section 1.106, employing offices with covered employees or covered positions are responsible for making all veterans’ pref- erence determinations, consistent 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’ preference determinations, including any determination that a preference eligible applicant is not a qualified applicant, pursuant to sections 401–416 of the CAA, 2 U.S.C. §§ 1401–1416, and provisions 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 RESTRICTED POSITIONS. In each appointment action for the positions of custodian, elevator operator, guard, and messenger (as defined below and collectively referred to in these regulations as restricted covered positions) employing offices shall restrict competition to preference eligible