
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 509(a)(1)]
[CITE: 38USC712]

 
                      TITLE 38--VETERANS' BENEFITS
 
                       PART I--GENERAL PROVISIONS
 
                          CHAPTER 7--EMPLOYEES
 
Sec. 712. Full-time equivalent positions: limitation on 
        reduction
        
    (a) Notwithstanding any other provision of law, the number of full-
time equivalent positions in the Department of Veterans Affairs during 
the period beginning on November 2, 1994, and ending on September 30, 
1999, may not (except as provided in subsection (c)) be less than 
224,377.
    (b) In determining the number of full-time equivalent positions in 
the Department of Veterans Affairs during a fiscal year for purposes of 
ensuring under section 5(b) of the Federal Workforce Restructuring Act 
of 1994 (Public Law 103-226; 108 Stat. 115; 5 U.S.C. 3101 note) that the 
total number of full-time equivalent positions in all agencies of the 
Federal Government during a fiscal year covered by that section does not 
exceed the limit prescribed for that fiscal year under that section, the 
total number of full-time equivalent positions in the Department of 
Veterans Affairs during that fiscal year shall be the number equal to--
        (1) the number of such positions in the Department during that 
    fiscal year, reduced by
        (2) the sum of the following:
            (A) The number of such positions in the Department during 
        that fiscal year that are filled by employees whose salaries and 
        benefits are paid primarily from funds other than appropriated 
        funds.
            (B) The number of such positions in the Department during 
        that fiscal year held by persons involved in providing health-
        care resources under section 8111 or 8153 of this title or under 
        section 201 of the Veterans Health Care Act of 1992 (Public Law 
        102-585; 106 Stat. 4949; 38 U.S.C. 8111 note).

    (c) The Secretary shall not be required to make a reduction in the 
number of full-time equivalent positions in the Department unless such 
reduction--
        (1) is necessary due to a reduction in funds available to the 
    Department; or
        (2) is required under a law that is enacted after the date of 
    the enactment of this section and that refers specifically to this 
    section.

    (d) The Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives an annual report, 
through the year 2000, on the number and type of full-time equivalent 
positions in the Department that are reduced under this section. The 
report shall include a justification for the reductions and shall be 
submitted with the materials provided in support of the budget for the 
Department contained in the President's budget submitted to Congress for 
a fiscal year pursuant to section 1105 of title 31.

(Added Pub. L. 103-446, title XI, Sec. 1102(a), Nov. 2, 1994, 108 Stat. 
4680; amended Pub. L. 104-262, title III, Sec. 303, Oct. 9, 1996, 110 
Stat. 3194; Pub. L. 105-33, title VIII, Sec. 8023(e), Aug. 5, 1997, 111 
Stat. 667; Pub. L. 105-368, title X, Sec. 1005(b)(1), Nov. 11, 1998, 112 
Stat. 3364.)

                       References in Text

    The date of the enactment of this section, referred to in subsec. 
(c)(2), is the date of enactment of Pub. L. 103-446, which was approved 
Nov. 2, 1994.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-368, which directed amendment of 
subsec. (a) by substituting ``November 2, 1994,'' for ``the date of 
enactment of this section'', was executed by making the substitution for 
``the date of the enactment of this section'', to reflect the probable 
intent of Congress.
    1997--Subsec. (b)(2)(B), (C). Pub. L. 105-33 redesignated subpar. 
(C) as (B) and struck out former subpar. (B) which read as follows: 
``The number of such positions held during that fiscal year by persons 
involved in medical care cost recovery activities under section 1729 of 
this title.''
    1996--Subsec. (b)(2). Pub. L. 104-262, Sec. 303(1), substituted 
``the sum of the following:'' for ``the sum of--'' in introductory 
provisions.
    Subsec. (b)(2)(A), (B). Pub. L. 104-262, Sec. 303(2), (3), 
substituted ``The number'' for ``the number'' in subpars. (A) and (B) 
and substituted a period for ``; and'' at end of subpar. (A).
    Subsec. (b)(2)(C). Pub. L. 104-262, Sec. 303(4), added subpar. (C).


                    Effective Date of 1997 Amendment

    Section 8023(g) of Pub. L. 105-33 provided that:
    ``(1) Except as provided in paragraph (2), this section [enacting 
section 1729A of this title, amending this section and sections 1710, 
1722A, and 1729 of this title, and enacting provisions set out as notes 
under sections 1729 and 1729A of this title] and the amendments made by 
this section shall take effect on October 1, 1997.
    ``(2) The amendments made by subsection (d) [amending section 1729 
of this title] shall take effect on the date of the enactment of this 
Act [Aug. 5, 1997].''


                         Congressional Findings

    Section 1101 of Pub. L. 103-446 provided that: ``Congress makes the 
following findings:
        ``(1) Under proposals for national health care reform, the 
    Department of Veterans Affairs will be required to provide health 
    care services to veterans on a competitive basis with other health 
    care providers.
        ``(2) The elimination of positions from the Department that the 
    Office of Management and Budget has scheduled to occur in fiscal 
    years 1995 through 1999 would prevent the Department from meeting 
    the responsibilities of the Department to provide health care to 
    veterans under law and from maintaining the quality of health care 
    that is currently provided to veterans.''
