[Congressional Record Volume 143, Number 101 (Wednesday, July 16, 1997)]
[Senate]
[Pages S7603-S7608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

  By Mr. Hagel (for himself, Mr. Cleland, Mr. Hutchinson, Mr. Dorgan, 
Mr. Burns, Mr. Roth, Mr. Faircloth, Mr. Helms, Mr. Moynihan, Ms. 
Landrieu, Mr. Reid), and Mr. Campbell:
  S. 1021. A bill to amend title 5, United States Code, to provide that 
consideration may not be denied to preference eligibles applying for 
certain positions in the competitive service, and for other purposes; 
to the Committee on Veterans Affairs.


           THE VETERANS EMPLOYMENT OPPORTUNITIES ACT OF 1997

  Mr. HAGEL. Mr. President, I rise today to introduce the Veterans 
Employment Opportunities Act of 1997, along with my good friend and 
distinguished colleague, Senator Max Cleland. We are joined by Senators 
Hutchinson of Arkansas, Helms, Dorgan, Roth, Faircloth, Burns, 
Landrieu, Moynihan, Reid of Nevada, and Campbell. This important piece 
of legislation is needed to help America's most deserving and self-
sacrificing citizens, our veterans, to get and hold jobs with the 
Federal Government.
  In 1944, the Congress enacted the first veterans employment 
preference legislation. That law was intended to assist service men and 
women returning from the battlefields of World War II in getting 
Federal Government jobs. Through the years many changes have taken 
place in the way we manage civil service personnel within our 
Government, and most recently there has been considerable focus on 
downsizing the Federal bureaucracy. One thing has not changed however, 
and that is that our veterans need to find employment when they return 
to civilian life.
  This bill addresses the critical need to revise and make more ``user 
friendly'' those laws that help veterans to get Federal jobs, and to 
hold on to them as the Government downsizes. I want to emphasize that 
this bill does not guarantee anyone a job, but it does allow the 
sacrifices made by those who served in uniform to have their service 
recognized as they are considered along with others for Federal jobs.
  The statistical evidence of need for this legislation tells a 
troubling story. When Federal job openings occur, the hiring official 
is sent a job referral list that includes the names of qualified 
applicants from which the job can be filled. The General Accounting 
Office [GAO] found that 71 percent of job referral lists were returned 
without hiring when a veteran headed the list. By contrast, 51 percent 
of nonveteran lists are returned. Not only are veterans not getting the 
preference that the statutes require, but too often, veterans are less 
likely than other applicants to be hired for a Federal job.
  This bill will also end unfair designer RIFs that single out veterans 
for removal from the Federal work force during reductions in force. 
Perhaps more important, this bill makes a violation of this law a 
prohibited personnel practice, putting teeth in the law where none now 
exist.
  I am proud to say that 19 military, veterans, and patriotic 
associations have indicated that such legislation is needed and that 
they strongly support this legislation.
  Those who have made very special contributions to America and our way 
of life, ensuring freedom and individual liberties to all Americans, 
deserve recognition and fairness when applying for employment in 
Federal Government. Our veterans do not ask for special privileges. 
Fifty years ago this Nation made the decision to recognize the 
sacrifices and extra commitment made by

[[Page S7604]]

our veterans for America. This legislation ensures that special 
recognition will be provided.
  I am very proud to join my friend and colleague, the distinguished 
Senator from Georgia, Senator Max Cleland, who himself has made 
tremendous contributions to this country.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1021

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Employment 
     Opportunities Act of 1997''.

     SEC. 2. EQUAL ACCESS FOR VETERANS.

       (a) Competitive Service.--Section 3304 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(f)(1) No preference eligible, and no individual (other 
     than a preference eligible) who has been separated from the 
     armed forces under honorable conditions after 3 or more years 
     of active service, shall be denied the opportunity to compete 
     for an announced vacant position within an agency, in the 
     competitive service or the excepted service, by reason of--
       ``(A) not having acquired competitive status; or
       ``(B) not being an employee of such agency.
       ``(2) Nothing in this subsection shall prevent an agency 
     from filling a vacant position (whether by appointment or 
     otherwise) solely from individuals on a priority placement 
     list consisting of individuals who have been separated from 
     the agency due to a reduction in force and surplus employees 
     (as defined under regulations prescribed by the Office).''.
       (b) Civil Service Employment Information.--
       (1) Vacant positions.--Section 3327(b) of title 5, United 
     States Code, is amended by striking ``and'' at the end of 
     paragraph (1), by redesignating paragraph (2) as paragraph 
     (3), and by inserting after paragraph (1) the following:
       ``(2) each vacant position in the agency for which 
     competition is restricted to individuals having competitive 
     status or employees of such agency, excluding any position 
     under paragraph (1), and''.
       (2) Additional information.--Section 3327 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(c) Any notification provided under this section shall, 
     for all positions under subsection (b)(1) as to which section 
     3304(f) applies and for all positions under subsection 
     (b)(2), include a notation as to the applicability of section 
     3304(f) with respect thereto.
       ``(d) In consultation with the Secretary of Labor, the 
     Office shall submit to Congress and the President, no less 
     frequently than every 2 years, a report detailing, with 
     respect to the period covered by such report--
       ``(1) the number of positions listed under this section 
     during such period;
       ``(2) the number of preference eligibles and other 
     individuals described in section 3304(f)(1) referred to such 
     positions during such period; and
       ``(3) the number of preference eligibles and other 
     individuals described in section 3304(f)(1) appointed to such 
     positions during such period.''.
       (c) Governmentwide Lists.--
       (1) Vacant positions.--Section 3330(b) of title 5, United 
     States Code, is amended to read as follows:
       ``(b) The Office of Personnel Management shall cause to be 
     established and kept current--
       ``(1) a comprehensive list of all announcements of vacant 
     positions (in the competitive service and the excepted 
     service, respectively) within each agency that are to be 
     filled by appointment for more than 1 year and for which 
     applications are being or will soon be accepted from outside 
     the agency's work force; and
       ``(2) a comprehensive list of all announcements of vacant 
     positions within each agency for which applications are being 
     or will soon be accepted and for which competition is 
     restricted to individuals having competitive status or 
     employees of such agency, excluding any position required to 
     be listed under paragraph (1).''.
       (2) Additional information.--Section 3330(c) of title 5, 
     United States Code, is amended by striking ``and'' at the end 
     of paragraph (2), by redesignating paragraph (3) as paragraph 
     (4), and by inserting after paragraph (2) the following:
       ``(3) for all positions under subsection (b)(1) as to which 
     section 3304(f) applies and for all positions under 
     subsection (b)(2), a notation as to the applicability of 
     section 3304(f) with respect thereto; and''.
       (3) Conforming amendment.--Section 3330(d) of title 5, 
     United States Code, is amended by striking ``The list'' and 
     inserting ``Each list under subsection (b)''.
       (d) Provisions Relating to the United States Postal 
     Service.--
       (1) In general.--Subsection (a) of section 1005 of title 
     39, United States Code, is amended by adding at the end the 
     following:
       ``(5)(A) The provisions of section 3304(f) of title 5 shall 
     apply with respect to the Postal Service in the same manner 
     and under the same conditions as if the Postal Service were 
     an agency within the meaning of such provisions.
       ``(B) Nothing in this subsection shall be considered to 
     require the application of section 3304(f) of title 5 in the 
     case of any individual who is not an employee of the Postal 
     Service if--
       ``(i) the vacant position involved is to be filled pursuant 
     to a collective-bargaining agreement;
       ``(ii) the collective-bargaining agreement restricts 
     competition for such position to individuals employed in a 
     bargaining unit or installation within the Postal Service in 
     which the position is located;
       ``(iii) the collective-bargaining agreement provides that 
     the successful applicant shall be selected on the basis of 
     seniority or qualifications; and
       ``(iv) the position to be filled is within a bargaining 
     unit.
       ``(C) The provisions of this paragraph shall not be 
     modified by any program developed under section 1004 of this 
     title or any collective-bargaining agreement entered into 
     under chapter 12 of this title.''.
       (2) Conforming amendment.--The first sentence of section 
     1005(a)(2) of title 39, United States Code, is amended by 
     striking ``title.'' and inserting ``title, subject to 
     paragraph (5) of this subsection.''.

     SEC. 3. SPECIAL PROTECTIONS FOR PREFERENCE ELIGIBLES IN 
                   REDUCTIONS IN FORCE.

       (a) In General.--Section 3502 of title 5, United States 
     Code, as amended by section 1034 of the National Defense 
     Authorization Act for Fiscal Year 1996 (Public Law 104-106; 
     110 Stat. 430), is amended by adding at the end the 
     following:
       ``(g)(1) A position occupied by a preference eligible shall 
     not be placed in a single-position competitive level if the 
     preference eligible is qualified to perform the essential 
     functions of any other position at the same grade (or 
     occupational level) in the competitive area. In such cases, 
     the preference eligible shall be entitled to be placed in 
     another competitive level for which such preference eligible 
     is qualified. If the preference eligible is qualified for 
     more than one competitive level, such preference eligible 
     shall be placed in the competitive level containing the most 
     positions.
       ``(2) For purposes of paragraph (1)--
       ``(A) a preference eligible shall be considered qualified 
     to perform the essential functions of a position if, by 
     reason of experience, training, or education (and, in the 
     case of a disabled veteran, with reasonable accommodation), a 
     reasonable person could conclude that the preference eligible 
     would be able to perform those functions successfully within 
     a period of 150 days; and
       ``(B) a preference eligible shall not be considered 
     unqualified solely because such preference eligible does not 
     meet the minimum qualification requirements relating to 
     previous experience in a specified grade (or occupational 
     level), if any, that are established for such position by the 
     Office of Personnel Management or the agency.
       ``(h) In connection with any reduction in force, a 
     preference eligible whose current or most recent performance 
     rating is at least fully successful (or the equivalent) shall 
     have, in addition to such assignment rights as are prescribed 
     by regulation, the right, in lieu of separation, to be 
     assigned to any position within the agency conducting the 
     reduction in force--
       ``(1) for which such preference eligible is qualified under 
     subsection (g)(2)--
       ``(A) that is within the preference eligible's commuting 
     area and at the same grade (or occupational level) as the 
     position from which the preference eligible was released, and 
     that is then occupied by an individual, other than another 
     preference eligible, who was placed in such position (whether 
     by appointment or otherwise) within 6 months before the 
     reduction in force if, within 12 months prior to the date on 
     which such individual was so placed in such position, such 
     individual had been employed in the same competitive area as 
     the preference eligible; or
       ``(B) that is within the preference eligible's competitive 
     area and that is then occupied by an individual, other than 
     another preference eligible, who was placed in such position 
     (whether by appointment or otherwise) within 6 months before 
     the reduction in force; or
       ``(2) for which such preference eligible is qualified that 
     is within the preference eligible's competitive area and that 
     is not more than 3 grades (or pay levels) below that of the 
     position from which the preference eligible was released, 
     except that, in the case of a preference eligible with a 
     compensable service-connected disability of 30 percent or 
     more, this paragraph shall be applied by substituting `5 
     grades' for `3 grades'.

     In the event that a preference eligible is entitled to 
     assignment to more than 1 position under this subsection, the 
     agency shall assign the preference eligible to any such 
     position requiring no reduction (or, if there is no such 
     position, the least reduction) in basic pay. A position shall 
     not, with respect to a preference eligible, be considered to 
     satisfy the requirements of paragraph (1) or (2), as 
     applicable, if it does not last for at least 12 months 
     following the date on which such preference eligible is 
     assigned to such position under this subsection.
       ``(i) A preference eligible may challenge the 
     classification of any position to which the preference 
     eligible asserts assignment

[[Page S7605]]

     rights (as provided by, or prescribed by regulations 
     described in, subsection (h)) in an action before the Merit 
     Systems Protection Board.
       ``(j)(1) Not later than 90 days after the date of the 
     enactment of the Veterans Employment Opportunities Act of 
     1997, each Executive agency shall establish an agencywide 
     priority placement program to facilitate employment placement 
     for employees who--
       ``(A)(i) are scheduled to be separated from service due to 
     a reduction in force under--
       ``(I) regulations prescribed under this section; or
       ``(II) procedures established under section 3595; or
       ``(ii) are separated from service due to such a reduction 
     in force; and
       ``(B)(i) have received a rating of at least fully 
     successful (or the equivalent) as the last performance rating 
     of record used for retention purposes; or
       ``(ii) occupy positions excluded from a performance 
     appraisal system by law, regulation, or administrative action 
     taken by the Office of Personnel Management.
       ``(2)(A) Each agencywide priority placement program under 
     this subsection shall include provisions under which a vacant 
     position shall not (except as provided in this paragraph or 
     any other statute providing the right of reemployment to any 
     individual) be filled by the appointment or transfer of any 
     individual from outside of that agency (other than an 
     individual described in subparagraph (B)) if--
       ``(i) there is then available any individual described in 
     subparagraph (B) who is qualified for the position; and
       ``(ii) the position--
       ``(I) is at the same grade or pay level (or the equivalent) 
     or not more than 3 grades (or grade intervals) below that of 
     the position last held by such individual before placement in 
     the new position;
       ``(II) is within the same commuting area as the 
     individual's last-held position (as referred to in subclause 
     (I)) or residence; and
       ``(III) has the same type of work schedule (whether full-
     time, part-time, or intermittent) as the position last held 
     by the individual.
       ``(B) For purposes of an agencywide priority placement 
     program, an individual shall be considered to be described in 
     this subparagraph if such individual--
       ``(i)(I) is an employee of such agency who is scheduled to 
     be separated, as described in paragraph (1)(A)(i); or
       ``(II) is an individual who became a former employee of 
     such agency as a result of a separation, as described in 
     paragraph (1)(A)(ii), excluding any individual who separated 
     voluntarily under subsection (f); and
       ``(ii) satisfies clause (i) or (ii) of paragraph (1)(B).
       ``(3)(A) If after a reduction in force the agency has no 
     positions of any type within the local commuting areas 
     specified in this subsection, the individual may designate a 
     different local commuting area where the agency has 
     continuing positions in order to exercise reemployment rights 
     under this subsection. An agency may determine that such 
     designations are not in the interest of the Government for 
     the purpose of paying relocation expenses under subchapter II 
     of chapter 57.
       ``(B) At its option, an agency may administratively extend 
     reemployment rights under this subsection to include other 
     local commuting areas.
       ``(4)(A) In selecting employees for positions under this 
     subsection, the agency shall place qualified present and 
     former employees in retention order by veterans' preference 
     subgroup and tenure group.
       ``(B) An agency may not pass over a qualified present or 
     former employee to select an individual in a lower veterans' 
     preference subgroup within the tenure group, or in a lower 
     tenure group.
       ``(C) Within a subgroup, the agency may select a qualified 
     present or former employee without regard to the individual's 
     total creditable service.
       ``(5) An individual is eligible for reemployment priority 
     under this subsection for 2 years from the effective date of 
     the reduction in force from which the individual will be, or 
     has been, separated under this section or section 3595, as 
     the case may be.

       ``(6) An individual loses eligibility for reemployment 
     priority under this subsection when the individual--
       ``(A) requests removal in writing;
       ``(B) accepts or declines a bona fide offer under this 
     subsection or fails to accept such an offer within the period 
     of time allowed for such acceptance, or
       ``(C) separates from the agency before being separated 
     under this section or section 3595, as the case may be.
     A present or former employee who declines a position with a 
     representative rate (or equivalent) that is less than the 
     rate of the position from which the individual was separated 
     under this section retains eligibility for positions with a 
     higher representative rate up to the rate of the individual's 
     last position.
       ``(7) Whenever more than one individual is qualified for a 
     position under this subsection, the agency shall select the 
     most highly qualified individual, subject to paragraph (4).
       ``(8) The Office of Personnel Management shall issue 
     regulations to implement this subsection.''.
       (b) Applicability.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this section shall apply with respect to--
       (A) reductions in force taking effect after the end of the 
     90-day period beginning on the date of the enactment of this 
     Act; or
       (B) in the case of the Department of Defense, reductions in 
     force taking effect after the end of the 1-year period 
     beginning on the date of the enactment of this Act.
       (2) Ongoing reductions in force.--If an agency has given 
     written notice of a reduction in force to any of its 
     employees within a competitive area, in accordance with 
     section 3502(d)(1)(A) of title 5, United States Code, before 
     the effective date under subparagraph (A) or (B) of paragraph 
     (1), as applicable, then, for purposes of determining the 
     rights of any employee within such area in connection with 
     such reduction in force, the amendments made by this section 
     shall be treated as if they had never been enacted. Nothing 
     in the preceding sentence shall affect any rights under a 
     priority placement program under section 3502(j) of title 5, 
     United States Code, as amended by this section.

     SEC. 4. IMPROVED REDRESS FOR VETERANS.

       (a) In General.--Subchapter I of chapter 33 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 3330a. Administrative redress

       ``(a)(1) Any preference eligible or other individual 
     described in section 3304(f)(1) who alleges that an agency 
     has violated such individual's rights under any statute or 
     regulation relating to veterans' preference, or any right 
     afforded such individual by section 3304(f), may file a 
     complaint with the Secretary of Labor.
       ``(2) A complaint under this subsection must be filed 
     within 60 days after the date of the alleged violation, and 
     the Secretary shall process such complaint in accordance with 
     sections 4322 (a) through (e)(1) and 4326 of title 38.
       ``(b)(1) If the Secretary of Labor is unable to resolve the 
     complaint within 60 days after the date on which it is filed, 
     the complainant may elect to appeal the alleged violation to 
     the Merit Systems Protection Board in accordance with such 
     procedures as the Merit Systems Protection Board shall 
     prescribe, except that in no event may any such appeal be 
     brought--
       ``(A) before the 61st day after the date on which the 
     complaint is filed under subsection (a); or
       ``(B) later than 15 days after the date on which the 
     complainant receives notification from the Secretary of Labor 
     under section 4322(e)(1) of title 38.
       ``(2) An appeal under this subsection may not be brought 
     unless--
       ``(A) the complainant first provides written notification 
     to the Secretary of Labor of such complainant's intention to 
     bring such appeal; and
       ``(B) appropriate evidence of compliance with subparagraph 
     (A) is included (in such form and manner as the Merit Systems 
     Protection Board may prescribe) with the notice of appeal 
     under this subsection.
       ``(3) Upon receiving notification under paragraph (2)(A), 
     the Secretary of Labor shall not continue to investigate or 
     further attempt to resolve the complaint to which such 
     notification relates.
       ``(c) This section shall not be construed to prohibit a 
     preference eligible from appealing directly to the Merit 
     Systems Protection Board from any action which is appealable 
     to the Board under any other law, rule, or regulation, in 
     lieu of administrative redress under this section.

     ``Sec. 3330b. Judicial redress

       ``(a) In lieu of continuing the administrative redress 
     procedure provided under section 3330a(b), a preference 
     eligible or other individual described in section 3304(f)(1) 
     may elect, in accordance with this section, to terminate 
     those administrative proceedings and file an action with the 
     appropriate United States district court not later than 60 
     days after the date of the election.
       ``(b) An election under this section may not be made--
       ``(1) before the 121st day after the date on which the 
     appeal is filed with the Merit Systems Protection Board under 
     section 3330a(b); or
       ``(2) after the Merit Systems Protection Board has issued a 
     judicially reviewable decision on the merits of the appeal.
       ``(c) An election under this section shall be made, in 
     writing, in such form and manner as the Merit Systems 
     Protection Board shall by regulation prescribe. The election 
     shall be effective as of the date on which it is received, 
     and the administrative proceeding to which it relates shall 
     terminate immediately upon the receipt of such election.

     ``Sec. 3330c. Remedy

       ``(a) If the Merit Systems Protection Board (in a 
     proceeding under section 3330a) or a court (in a proceeding 
     under section 3330b) determines that an agency has violated a 
     right described in section 3330a, the Board or court (as the 
     case may be) shall order the agency to comply with such 
     provisions and award compensation for any loss of wages or 
     benefits suffered by the individual by reason of the 
     violation involved. If the Board or court determines that 
     such violation was willful, it shall award an amount equal to 
     backpay as liquidated damages.
       ``(b) A preference eligible or other individual described 
     in section 3304(f)(1) who prevails in an action under section 
     3330a or 3330b shall be awarded reasonable attorney fees, 
     expert witness fees, and other litigation expenses.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 33 of title 5, United States Code, is 
     amended by

[[Page S7606]]

     adding after the item relating to section 3330 the following:

``3330a. Administrative redress.
``3330b. Judicial redress.
``3330c. Remedy.''.

     SEC. 5. EXTENSION OF VETERANS' PREFERENCE.

       (a) Amendment to Title 5, United States Code.--Paragraph 
     (3) of section 2108 of title 5, United States Code, is 
     amended by striking ``the Federal Bureau of Investigation and 
     Drug Enforcement Administration Senior Executive Service, or 
     the General Accounting Office;'' and inserting ``or the 
     Federal Bureau of Investigation and Drug Enforcement 
     Administration Senior Executive Service;''.
       (b) Amendments to Title 3, United States Code.--
       (1) In general.--Chapter 2 of title 3, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 115. Veterans' preference

       ``(a) Subject to subsection (b), appointments under 
     sections 105, 106, and 107 shall be made in accordance with 
     section 2108, and sections 3309 through 3312, of title 5.
       ``(b) Subsection (a) shall not apply to any appointment to 
     a position the rate of basic pay for which is at least equal 
     to the minimum rate established for positions in the Senior 
     Executive Service under section 5382 of title 5 and the 
     duties of which are comparable to those described in section 
     3132(a)(2) of such title or to any other position if, with 
     respect to such position, the President makes certification--
       ``(1) that such position is--
       ``(A) a confidential or policy-making position; or
       ``(B) a position for which political affiliation or 
     political philosophy is otherwise an important qualification; 
     and
       ``(2) that any individual selected for such position is 
     expected to vacate the position at or before the end of the 
     President's term (or terms) of office.

     Each individual appointed to a position described in the 
     preceding sentence as to which the expectation described in 
     paragraph (2) applies shall be notified as to such 
     expectation, in writing, at the time of appointment to such 
     position.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 2 of title 3, United States Code, is 
     amended by adding at the end the following:

``115. Veterans' preference.''.
       (c) Legislative Branch Appointments.--
       (1) Definitions.--For the purposes of this subsection, the 
     terms ``employing office'', ``covered employee'', and 
     ``Board'' shall each have the meaning given such term by 
     section 101 of the Congressional Accountability Act of 1995 
     (2 U.S.C. 1301).
       (2) Rights and protections.--The rights and protections 
     established under section 2108, sections 3309 through 3312, 
     and subchapter I of chapter 35, of title 5, United States 
     Code, shall apply to covered employees.
       (3) Remedies.--
       (A) In general.--The remedy for a violation of paragraph 
     (2) shall be such remedy as would be appropriate if awarded 
     under applicable provisions of title 5, United States Code, 
     in the case of a violation of the relevant corresponding 
     provision (referred to in paragraph (2)) of such title.
       (B) Procedure.--The procedure for consideration of alleged 
     violations of paragraph (2) shall be the same as 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).
       (d) Judicial Branch Appointments.--
       (1) In general.--Subject to paragraphs (2) through (4), the 
     Judicial Conference of the United States shall prescribe 
     regulations 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 procedures for alleged violations of any rights 
     provided for under subparagraph (A).
       (2) Regulations to be based on existing provisions.--Under 
     the regulations--
       (A) a preference eligible (as defined by section 2108 of 
     title 5, United States Code) shall be afforded preferences 
     similar to those under sections 3309 through 3312, and 
     subchapter I of chapter 35, of such title 5; and
       (B) the redress procedures provided for shall be similar to 
     those under the amendments made by section 4.
       (3) Exclusions.--Nothing in the regulations shall apply 
     with respect to--
       (A) an appointment made by the President, with the advice 
     and consent of the Senate;
       (B) an appointment as a judicial officer;
       (C) an appointment as a law clerk or secretary to a justice 
     or judge of the United States; or
       (D) an appointment 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) Consultation.--The regulations under this subsection 
     shall be prescribed by the Judicial Conference of the United 
     States, in consultation with--
       (A) the largest congressionally chartered veterans' service 
     organization;
       (B) 2 congressionally chartered veterans' service 
     organizations that represent former noncommissioned officers;
       (C) a congressionally chartered veterans' service 
     organization that represents veterans who have fought in 
     foreign wars;
       (D) a congressionally chartered veterans' service 
     organization that represents veterans with service-connected 
     disabilities;
       (E) a congressionally chartered veterans' service 
     organization that represents veterans of the Vietnam era; and
       (F) a congressionally chartered veterans' service 
     organization that represents veterans of World War II, the 
     Korean conflict, the Vietnam era, and the Persian Gulf War.
       (5) Definitions.--For purposes of this subsection--
       (A) the term ``judicial officer'' means a justice, judge, 
     or magistrate judge listed in subparagraph (A), (B), (F), or 
     (G) of section 376(a)(1) of title 28, United States Code; and
       (B) the term ``justice or judge of the United States'' has 
     the meaning given such term by section 451 of such title 28.
       (6) Submission to congress; effective date.--
       (A) Submission to congress.--Within 5 months after the date 
     of the enactment of this Act, the Judicial Conference of the 
     United States shall submit a copy of the regulations 
     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 regulations prescribed under this 
     subsection shall take effect 6 months after the date of the 
     enactment of this Act.

     SEC. 6. VETERANS' PREFERENCE REQUIRED FOR REDUCTIONS IN 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 by striking ``and'' at the end of paragraph (6), by 
     striking the period at the end of paragraph (7) and inserting 
     ``; and'', and by adding at the end the following:
       ``(8) sections 3501-3504, as such sections relate to 
     veterans' preference.''.

     SEC. 7. DEFINITIONAL AMENDMENT.

       Subparagraph (A) of section 2108(1) of title 5, United 
     States Code, is amended by inserting ``during a military 
     operation in a qualified hazardous duty area (within the 
     meaning of the first 2 sentences of section 1(b) of Public 
     Law 104-117) and in accordance with requirements that may be 
     prescribed in regulations of the Secretary of Defense,'' 
     after ``for which a campaign badge has been authorized,''.

     SEC. 8. FAILURE TO COMPLY WITH VETERANS' PREFERENCE 
                   REQUIREMENTS TO BE TREATED AS A PROHIBITED 
                   PERSONNEL 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 veterans' 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' preference 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 eligible referred to in section 7511(a)(1)(B)) 
     subchapter II of chapter 75 and section 7701.

[[Page S7607]]

       ``(B) Sections 943(c)(2) and 1784(c) of title 10.
       ``(C) Section 1308(b) of the Alaska National Interest Lands 
     Conservation Act.
       ``(D) Section 301(c) of the Foreign Service Act of 1980.
       ``(E) Sections 106(f), 7281(e), and 7802(5) of title 38.
       ``(F) Section 1005(a) of title 39.
       ``(G) Any other provision of law that the Director of the 
     Office of Personnel Management designates in regulations as 
     being a veterans' preference requirement for the purposes of 
     this subsection.
       ``(H) Any regulation prescribed under subsection (b) or (c) 
     of section 1302 and any other regulation that implements a 
     provision of law referred to in any of the preceding 
     subparagraphs.
       ``(2) Notwithstanding any other provision of this title, no 
     authority to order corrective action shall be available in 
     connection with a prohibited personnel practice described in 
     subsection (b)(11). Nothing in this paragraph shall be 
     considered to affect any authority under section 1215 
     (relating to disciplinary action).''.
       (c) Repeals.--
       (1) Provisions of title 10, united states code.--Section 
     1599c of title 10, United States Code, and the item relating 
     to such section in the table of sections at the beginning of 
     chapter 81 of such title are repealed.
       (2) Section 2302(a)(1) of title 5, united states code.--
     Subsection (a)(1) of section 2302 of title 5, United States 
     Code, is amended to read as follows:
       ``(a)(1) For the purpose of this title, `prohibited 
     personnel practice' means any action described in subsection 
     (b).''.
       (d) Savings Provision.--This section shall be treated as if 
     it had never been enacted for purposes of any personnel 
     action (within the meaning of section 2302 of title 5, United 
     States Code) preceding the date of the enactment of this Act.

  Mr. CLELAND. Mr. President, I want to compliment the distinguished 
Senator from Nebraska on his tremendous work and the work of his staff 
in putting together this legislation. He and his team have worked 
closely with me and my staff. This legislation is a result of their 
efforts.
  It is my pleasure to join my distinguished colleague, Senator Hagel, 
in cosponsorship of this important bill to improve our veterans 
preference system. As the former head of the Veterans Administration 
myself, I certainly see the need for it.
  During World War II, America decided to pay special recognition to 
the men and women who have defended our freedom by serving in the armed 
forces. The Veterans Preference Act has been the law of the land since 
1944. The premise of this law is simple. When veterans return to 
civilian life after serving in combat, they are given a preference if 
all other factors are equal when they seek to work for the Federal 
Government. I do not think anyone could argue with offering such a 
preference to the men and women of who risked their lives in service to 
this Nation.
  That simple premise still holds true today. While we live in a time 
of relative peace, the sacrifices made by our men and women in uniform 
who serve in or near combat are just as great. We must remain steadfast 
in our commitment to our veterans.
  Unfortunately, after over 50 years of operation, the preference is 
not working as intended. Today, many veterans do not receive the hiring 
preference guaranteed to them. It brings to my mind a quote from one of 
Wellington's troops:

       In time of war and not before, God and the soldier men 
     adore. But in time of peace with all things righted, God is 
     forgotten and the soldier slighted.

  We are slighting our soldiers by not honoring a commitment made to 
them in recognition of their sacrifice. There is compelling anecdotal 
evidence that leads us to believe that the current law is not working. 
Furthermore, the General Accounting Office has concluded through its 
review of the veterans preference program that in many instances, 
veterans are less likely than other applicants to be hired for Federal 
jobs.
  We believe this is wrong. We need to put more teeth in our veterans 
preference law.
  Our bill has seven simple parts to it.
  First, it will create an effective redress system for men and women 
whose veterans preference rights are violated.
  Second, it will remove artificial barriers that bar qualified 
veterans from competing for Federal jobs.
  Third, it will prohibit unfair personnel practices which rig the 
system against job protection rights of veterans.
  Fourth, it will provide enhanced opportunity for veterans to find 
other Federal jobs during reductions in force.
  Fifth, it will extend the veterans preference to nonpolitical jobs in 
the legislative and judicial branches and the White House.
  Sixth, our bill will make a violation of veterans preference laws a 
prohibited personnel practice, providing enhanced for disciplinary 
measure for those who wilfully violate the law.
  Finally, the measure extends the preference to those men and women 
now serving in Bosnia.
  Our bill is supported by all of the major veterans service 
organizations including The American Legion, AMVETS, the Veterans of 
Foreign Wars, the Retired Enlisted Association, the Air Force Sergeants 
Association, the Blinded American Veterans Foundation, the Blinded 
Veterans Association, the Disabled Veterans, the Fleet Reserve 
Association, the Jewish War Veterans of the USA, the Korean War 
Veterans Association, the Military Order of the Purple Heart, the 
National Association for Uniformed Services, the National Military and 
Veterans Alliance, the Naval Reserve Association, the Noncommissioned 
Officers Association, the Paralyzed Veterans of America, and the 
Vietnam Veterans of America.
  As a Vietnam Veteran, I look forward to working with my fellow 
Vietnam Veteran, Senator Hagel, on passing this critical legislation to 
strengthen the veterans preference program. I urge the support of my 
colleagues and this bill's swift passage.
  I yield the floor.
                                 ______
                                 
      By Mr. GRASSLEY (for himself, Mr. Durbin, and Mr. Daschle)
  S. 1024. A bill to make chapter 12 of title 11 of the United States 
Code permanent, and for other purposes; to the Committee on the 
Judiciary.


                the family farmer protection act of 1997

  Mr. GRASSLEY. Mr. President, I rise today to introduce the Working 
Family Farmer Protection Act of 1997. As the only family farmer in the 
Senate, I feel I have a unique responsibility to make sure that family 
farming remains a strong and vibrant part of American life. For 
generations, family farms have fed this country. But the global 
marketplace presents some new and unique challenges to the family 
farmer. That's why I'm introducing the Family Farmer Protection Act 
today, on behalf of myself and Senator Durbin.
  This bill makes chapter 12 of the Bankruptcy Code permanent. 
Currently, chapter 12 is due to expire in 1998, and I think it would be 
a terrible error if this Congress did not act now to reauthorize 
chapter 12 on a permanent basis.
  In order to understand why we need to make chapter 12 permanent, I 
think we have to go back a decade or so to the 1980's farm crisis. 
During the mid-1980's, the agricultural economy in the Midwest took a 
sharp downturn. And many family farmers were forced into bankruptcy. At 
that time, the only choice a family farmer had was to go into chapter 
11 of the Bankruptcy Code. Under chapter 11, the creditors form a 
committee and help to draw up a reorganization plan. Most family farms 
only had one major creditor--the bank with the mortgage on the farm. 
And that one creditor was able to keep farmers from reorganizing in an 
effective way. As a result, the family farmers who filed chapter 11 
were frequently forced out of farming. In short, the family farm was on 
a fast track to extinction, and family farmers were fast becoming an 
endangered species.

  That's why in 1986 I drafted an entirely new chapter of the 
Bankruptcy Code to preserve the family farm. That chapter is chapter 
12. Chapter 12 simply limits the power of the bank to exercise a veto 
over a farmer's reorganization plan.
  I think it's very important to realize that chapter 12 is not a 
handout or a get-out-of-debt-free card. Farmers are hard-working people 
who want the chance to earn their way. In fact, chapter 12 is modeled 
on chapter 13, where individuals set up plans to repay a portion of 
their debts.
  Chapter 12 has been wildly successful. So many times in Washington we 
develop programs and laws with the best of intentions. But when these 
programs get to the real world, they don't work well. Chapter 12, on 
the other hand, has worked exactly as intended. According to a recent 
University of Iowa study, 74 percent of family farmers who filed

[[Page S7608]]

chapter 12 bankruptcy are still farming and 61 percent of farmers who 
went through chapter 12 believe that chapter 12 was helpful in getting 
farmers back on their feet.
  In conclusion, chapter 12 works and it works well. Let's make sure 
that we keep this safety net for family farmers in place. I urge my 
colleagues to think of this bill as a low-cost insurance policy for an 
important part of America's economy and America's heritage.
                                 ______
                                 
      By Mr. GRAHAM (for himself, Mr. Mack, and Mr. Grassley):
  S. 1025. A bill to provide for a study of the south Florida high-
intensity drug trafficking area, and for other purposes; to the 
Committee on the Judiciary.


  expansion of south florida hidta to include i-4 corridor legislation

  Mr. GRAHAM. Mr. President, today I am introducing a bill, cosponsored 
by Mr. Mack and Mr. Grassley, which will expand the existing south 
Florida high-intensity drug trafficking area [HIDTA], to include the 
Interstate 4 corridor which runs between Daytona Beach and the Tampa 
Bay area in my home State of Florida.
  Illegal drug activities continue to plague the State of Florida. In 
1994, more than $5 billion in funds from cocaine traffic were laundered 
through south Florida and the I-4 corridor. Over 23 metric tons of 
cocaine were seized during that same time period. Over 250 organized 
drug trafficking groups have been identified as operating between south 
Florida and the I-4 corridor. These statistic are staggering. While 
some progress is being made to limit the spread of illegal drugs, there 
is still a lot of work to be done. I continuously hear from the law 
enforcement personnel operating along the I-4 corridor that they are 
being overwhelmed by the growth in drug trafficking activities in that 
area. Drug traffickers are becoming increasingly proficient in 
distributing drugs. They are using high technology equipment to evade 
detection. They have an extensive communications network, and almost 
unlimited funds with which to pursue their illegal activities. Current 
law enforcement assets are simply no match for the highly organized 
drug operators. Seized assets from drug traffickers in this area during 
1996 included over $425 million in currency and property. The basic 
problem is how do we compete with these highly funded and well equipped 
drug trafficking organizations?
  I repeatedly hear the same story from the Drug Enforcement 
Administration, the Customs Service, the FBI, and the Florida 
Department of Law Enforcement; they need help. This is a problem which 
impacts not only the State of Florida, but it also impacts the entire 
Nation as illegal drugs are distributed from the I-4 corridor to other 
parts of the country.
  The statistics on the growth of the drug industry along the I-4 
corridor are sobering. Nationwide, cheap, high purity heroin is making 
a comeback in popularity, and demand is on the rise. The drug 
syndicates are meeting the growing demands. Cocaine continues as a 
popular recreational drug. As long as there is a demand, drug dealers 
continue to find ways to meet that demand. Despite a massive education 
and public awareness campaign to warn teenagers about the dangers of 
drug use, teen drug arrests have more than doubled in the past 5 years. 
Some of those arrested are as young as 12 years old. In the Orlando 
area, over 1,500 teens between the ages of 12 and 17 years old were 
arrested for using or selling illegal drugs in 1995. The city of 
Orlando, through which the I-4 corridor runs, ranked fifth in the 
Nation for cocaine-related deaths per capita in 1995. Other crimes such 
as shootings, carjackings, robbery, and gang activities are byproducts 
of the drug problem, and are also on the rise in our local communities. 
We are truly battling for the lives of our young people.
  There is a general feeling of despair among the various agencies 
trying to combat this problem. We need to be proactive in helping them. 
Because of its central location, the I-4 corridor is emerging as a hub 
used increasingly by international drug syndicates to distribute their 
goods throughout the Nation. This is a problem which affects us all. 
The use of illegal drugs and drug related deaths are increasing at an 
alarming rate.
  As we saw with the establishment of a HIDTA in south Florida, a 
coordinated Federal, State, and local effort is the key to bringing 
this problem under control. This HIDTA has proven itself as a model of 
efficiency and effectiveness in controlling the expansion of drug 
activities in the area. The existing south Florida HIDTA is a model of 
the results which can occur when the various law enforcement agencies 
mount a coordinated battle with a unified strategy of engagement. We 
have seen moderation in the drug related incidents since the south 
Florida HIDTA was established in 1990. In fact, the success of the 
south Florida HIDTA is partially responsible for the increase in 
illegal drug activity along the I-4 corridor.
  Expanding this successful HIDTA to include the I-4 corridor makes 
common sense. It will allow us to devote additional resources to combat 
a problem which has nationwide implications. By implementing a 
coordinated enforcement strategy directed at combating the problems of 
illegal drugs and violent crime, we demonstrate to the drug community 
that we are dedicated to facing this battle head on--and finally, it 
will show that we are committed protecting the future of our young 
people.

                          ____________________