§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, §1102(a), Nov. 2, 1994, 108 Stat. 4680 ; amended Pub. L. 104–262, title III, §303, Oct. 9, 1996, 110 Stat. 3194 ; Pub. L. 105–33, title VIII, §8023(e), Aug. 5, 1997, 111 Stat. 667 ; Pub. L. 105–368, title X, §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, §303(1), substituted "the sum of the following:" for "the sum of-" in introductory provisions.

Subsec. (b)(2)(A), (B). Pub. L. 104–262, §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, §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."