Page:United States Statutes at Large Volume 124.djvu/4589

124 STAT. 4563 CONCURRENT RESOLUTIONS—DEC. 15, 2010 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 requisite 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 exam- ination or evaluation. (r) Separated under honorable conditions means either an honor- able 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 commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration. (t) VEOA means the Veterans Employment Opportunities 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 gen- erally authorizes the Board to issue regulations to implement sec- tion 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 (applicable with respect to the Executive branch) promulgated to implement the statutory provi- sions referred 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 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 regula- tions (applicable with respect to the Executive branch) promulgated to implement the statutory provisions 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 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 protec- tions 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