Page:United States Statutes at Large Volume 112 Part 5.djvu/428

 112 STAT. 3186 PUBLIC LAW 105-339 —OCT. 31, 1998 apply under section 401 of the Congressional Accountability Act of 1995 (and the provisions of law referred to therein) in the case of an alleged violation of part A of title II of such Act. (4) REGULATIONS TO IMPLEMENT SUBSECTION.— (A) IN GENERAL.— The Board shall, pursuant to section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384), issue regulations to implement this subsection. (B) AGENCY REGULATIONS. —The regulations issued under subparagraph (A) shall be the same as the most relevant substantive regulations (applicable with respect to the executive branch) promulgated to implement the statutory provisions referred to in paragraph (2) except insofar as the Board may 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 protections under this subsection. (C) COORDINATION.—The regulations issued under subparagraph (A) shall be consistent with section 225 of the Congressional Accountability Act of 1995 (2 U.S.C. 1361). (5) APPLICABILITY. —Notwithstanding any other provision of this subsection, the term "covered employee" shall not, for purposes of this subsection, include an employee— (A) whose appointment is made by the President with the advice and consent of the Senate; (B) whose appointment is made by a Member of Congress or by a committee or subcommittee of either House of Congress; or (C) who is appointed to a position, the duties of which are equivalent to those of a Senior Executive Service position (within the meaning of section 3132(a)(2) of title 5, United States Code). (6) EFFECTIVE DATE. —Paragraphs (2) and (3) shall be effective as of the effective date of the regulations under paragraph (4). 28 USC 601 note. (d) JUDICIAL BRANCH APPOINTMENTS.— Procedures. (1) IN GENERAL.— Subject to paragraphs (2) and (3), the Judicial Conference of the United States shall prescribe procedures to provide for— (A) veterans' preference in the consideration of applicants for employment, and in the conduct of any reductions in force, within the judicial branch; and (B) redress for alleged violations of any rights provided for under subparagraph (A). (2)^ PROCEDURES.— Under the procedures, a preference eligible* (as defined by section 2108 of title 5, United States Code) shall be afforded preferences in a manner and to the extent consistent with preferences afforded to preference eligibles in the executive branch. (3) EXCLUSIONS. —Nothing in the procedures shall apply with respect to an applicant or employee— (A) whose appointment is made by the President with the advice and consent of the Senate; (B) whose appointment is as a judicial officer;

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