Page:United States Statutes at Large Volume 124.djvu/4597

124 STAT. 4571 CONCURRENT RESOLUTIONS—DEC. 15, 2010 on which the applicant or covered employee is notified of the per- sonnel action. Where a claim has been brought under section 401 of the CAA against an employing office under the VEOA, the respondent 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 determination regarding the person bringing the claim and records relating to any veterans’ preference determinations regarding other applicants for the cov- ered position the person sought, or records relating to the veterans’ preference determinations regarding other covered employees in the person’s position or job classification. The date of final disposi- tion of the charge or the action means the latest of the date of expiration of the statutory period within which the aggrieved person 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 litigation is termi- nated. SEC. 1.118. DISSEMINATION OF VETERANS’ PREFERENCE POLICIES TO APPLICANTS FOR COVERED POSITIONS. (a) An employing office shall state in any announcements 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 covered posi- tion to identify themselves as veterans’ preference eligible applicants, provided that in doing so: (1) the employing office shall state clearly on any written application or questionnaire used for this purpose 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 employing office’s obligations and efforts to provide veterans’ preference to preference eligible applicants in accordance with the VEOA; and (2) the employing office shall state clearly that disabled veteran status is requested on a voluntary basis, that it will be kept confidential 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), that refusal to provide it will not subject the individual to any adverse treat- ment 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 information 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). (3) the employing office shall state clearly that applicants may request information about the employing office’s veterans’ preference policies as they relate to appointments 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 information in writing: