§ 711. — Grade reductions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC711]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 7--EMPLOYEES
Sec. 711. Grade reductions
(a) The Secretary may not implement a grade reduction described in
subsection (b) unless the Secretary first submits to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
containing a detailed plan for such reduction and a detailed
justification for the plan. The report shall include a determination by
the Secretary (together with data supporting such determination) that,
in the personnel area concerned, the Department has a disproportionate
number of employees at the salary grade or grades selected for reduction
in comparison to the number of such employees at the salary levels
involved who perform comparable functions in other departments and
agencies of the Federal Government and in non-Federal entities. Any
grade reduction described in such report may not take effect until the
end of a period of 90 calendar days (not including any day on which
either House of Congress is not in session) after the report is received
by the committees.
(b) A grade reduction referred to in subsection (a) is a systematic
reduction, for the purpose of reducing the average salary cost for
Department employees described in subsection (c), in the number of such
Department employees at a specific grade level.
(c) The employees referred to in subsection (b) are--
(1) health-care personnel who are determined by the Secretary to
be providing either direct patient-care services or services
incident to direct patient-care services;
(2) individuals who meet the definition of professional employee
as set forth in section 7103(a)(15) of title 5; and
(3) individuals who are employed as computer specialists.
(d) Not later than the 45th day after the Secretary submits a report
under subsection (a), the Comptroller General shall, upon request of
either of such Committees, submit to such committees a report on the
Secretary's compliance with such subsection. The Comptroller General
shall include in the report the Comptroller General's opinion as to the
accuracy of the Secretary's determination (and of the data supporting
such determination) made under such subsection.
(e) In the case of Department employees not described in subsection
(c), the Secretary may not in any fiscal year implement a systematic
reduction for the purpose of reducing the average salary cost for such
Department employees that will result in a reduction in the number of
such Department employees at any specific grade level at a rate greater
than the rate of the reductions systematically being made in the numbers
of employees at such grade level in all other agencies and departments
of the Federal Government combined.
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 396; amended
Pub. L. 103-446, title XII, Sec. 1201(e)(5), Nov. 2, 1994, 108 Stat.
4685; Pub. L. 104-316, title I, Sec. 119, Oct. 19, 1996, 110 Stat.
3836.)
Prior Provisions
Prior section 711 was renumbered section 1911 of this title.
Provisions similar to those in this section were contained in former
section 210(b)(3) of this title prior to repeal by Pub. L. 102-83,
Sec. 2(a).
Prior sections 712 to 729, 740 to 763, 765 to 779, 781 to 788, and
801 to 806 were renumbered sections 1912 to 1929, 1940 to 1963, 1965 to
1979, 1981 to 1988, and 2101 to 2106 of this title, respectively.
Amendments
1996--Subsec. (d). Pub. L. 104-316 inserted ``, upon request of
either of such Committees,'' after ``the Comptroller General shall'' in
first sentence.
1994--Subsec. (d). Pub. L. 103-446 substituted ``committees'' for
``Committees''.
