Page:United States Statutes at Large Volume 112 Part 5.djvu/429

 PUBLIC LAW 105-339—OCT. 31, 1998 112 STAT. 3187 (C) whose appointment is required by statute to be made by or with the approval of a court or judicial officer; or (D) whose appointment is 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). (4) DEFINITIONS.— For purposes of this subsection, the term "judicial officer" means a justice, judge, or magistrate judge hsted in subparagraph (A), (B), (F), or (G) of section 376(a)(1) of title 28, United States Code. (5) SUBMISSION TO CONGRESS; EFFECTIVE DATE.— (A) SUBMISSION TO CONGRESS.—Not later than 12 months after the date of enactment of this Act, the Judicial Conference of the United States shall submit a copy of the procedures prescribed under this subsection to the Committee on Government Reform and Oversight and the Committee on the Judiciary of the House of Representatives and the Committee on Governmental Affairs and the Committee on the Judiciary of the Senate. (B) EFFECTIVE DATE. —The procedures prescribed under this subsection shall take effect 13 months after the date of enactment of this Act. SEC. 5. VETERANS' PREFERENCE REQUIRED FOR REDUCTIONS IN 49 USC 106 note. FORCE IN THE FEDERAL AVIATION ADMINISTRATION. Section 347(b) of the Department of Transportation and Related Agencies Appropriations Act, 1996 (109 Stat. 460) is amended— (1) by striking "and" at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting "; and"; and (3) by adding at the end the following: "(8) sections 3501-3504, as such sections relate to veterans' preference.". SEC. 6. FAILURE TO COMPLY WITH VETERANS' PREFERENCE REQUIREMENTS TO BE TREATED AS A PROHIBITED PERSON- NEL PRACTICE FOR CERTAIN PURPOSES. (a) IN GENERAL.— Subsection (b) of section 2302 of title 5, United States Code, is amended— (1) by striking "or" at the end of paragraph (10); (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: "(11)(A) knowingly take, recommend, or approve any personnel action if the taking of such action would violate a veterans' preference requirement; or "(B) knowingly fail to take, recommend, or approve any personnel action if the failure to take such action would violate a vetersins' preference requirement; or". (b) DEFINITION; LIMITATION. —Section 2302 of title 5, United States Code, is amended by adding at the end the following: "(e)(1) For the purpose of this section, the term Veterans' pref- erence requirement' means any of the following provisions of law: " (A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501, 3502(b), 3504, and 4303(e) and (with respect to a preference

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