Responsibility for determining eligibility for hiring preferences and special hiring options
Title III — Advancement of Military, National, and Public Service › Subtitle C — Advancement of public service: Modernization of Federal personnel systems
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(a) Definitions In this section: (1) Director The term Director means the Director of the Office of Personnel Management. (2) Preference eligible The term preference eligible has the meaning given the term in section 2108 of title 5, United States Code. (b) Authority To determine eligibility The Director shall determine whether an individual is preference eligible, or whether an individual is eligible for appointment to a position in an Executive agency, under any of the following authorities: (1) Section 4214 of title 38, United States Code. (2) Section 3112 of title 5, United States Code. (3) Section 3304(f) of title 5, United States Code. (4) Section 3330d of title 5, United States Code. (5) Section 415(d) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5055(d)), as amended by section 335(a)(1) of this Act. (6) Section 142 of the National and Community Service Act of 1990, as added by section 335(a)(2) of this Act. (7) Subsection (q) of section 5 of the Peace Corps Act (22 U.S.C. 2504), as added by section 335(b) of this Act. (8) Section 344 of this Act. (9) Section 370 of this Act. (c) Coordination The Director shall coordinate with the Secretary of Defense, the Secretary of Veterans Affairs, the Director of the Peace Corps, and the Chief Executive Officer of the Corporation for National and Community Service in developing the process for making determinations under subsection (b). (d) Regulations Not later than 2 years after the date of enactment of this Act, the Director shall issue regulations setting forth the manner in which applicants for employment in Executive agencies may access determinations made under subsection (b) and the procedures to appeal those determinations. (e) Preparation of certificates of eligibility (1) In general Executive agencies shall rely on the eligibility determinations made by the Director under subsection (b) in preparing lists, registers, and certificates of such eligibility. (2) Guidance The Director shall issue guidance to Executive agencies on the policies and procedures of the Office of Personnel Management that are established under this section. (f) Other remedies available to preference eligibles not affected Nothing in this section may be construed to limit the right of a preference eligible to seek administrative or judicial redress under section 3330a or 3330b of title 5, United States Code, respectively.