124 STAT. 4566 CONCURRENT RESOLUTIONS—DEC. 15, 2010 (b) for all experience material to the position for which the applicant is being considered, including experience gained in reli- gious, civic, welfare, service, and organizational activities, regard- less of whether he/she received pay therefor. SEC. 1 .110. WAIVER OF PHYSICAL REQUIREMENTS IN APPOINTMENTS TO COVERED POSITIONS. (a) Subject to (c) below, in determining qualifications of a pref- erence eligible for appointment, an employing office shall waive: (1) with respect to a preference eligible applicant, require- ments as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) with respect to a preference eligible applicant to whom it has made a conditional offer of employment, physical require- ments if, in the opinion of the employing office, on the basis of evidence before it, including any recommendation of an accredited physician submitted by the preference eligible applicant, the preference eligible applicant is physically able to perform efficiently the duties of the position; (b) Subject to (c) below, if an employing office determines, on the basis of evidence before it, including any recommendation of an accredited physician submitted by the preference eligible applicant, that an applicant to whom it has made a conditional offer of employment is preference eligible as a disabled veteran as described in 5 U.S.C. § 2108(3)(c) and who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the covered position, the employing office shall notify the preference eligible applicant of the reasons for the determination and of the right to respond and to submit additional information to the employing office, within 15 days of the date of the notification. The director of the employing office may, by providing written notice to the preference eligible applicant, shorten the period for submitting a response with respect to an appointment to a particular covered position, if necessary because of a need to fill the covered position immediately. Should the preference eligible applicant make a timely response, the highest ranking individual or group of individuals with authority to make employment decisions on behalf of the employing office shall render a final determination of the physical ability of the preference eligible applicant to perform the duties of the position, taking into account the response and any additional information provided by the pref- erence eligible applicant. When the employing office has completed its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the preference eligible applicant. (c) Nothing in this section shall relieve an employing office of any obligations it may have pursuant to the Americans with Disabil- ities Act (42 U.S.C. § 12101 et seq.) as applied by section 102(a)(3) of the Act, 2 U.S.C. § 1302(a)(3). SUBPART D—VETERANS’ PREFERENCE IN REDUCTIONS IN FORCE Sec. 1.111. Definitions applicable in reductions in force. 1.112. Application of preference in reductions in force. 1.113. Crediting experience in reductions in force. 1.114. Waiver of physical requirements in reductions in force. 1.115. Transfer of functions.
