Page:United States Statutes at Large Volume 113 Part 2.djvu/633

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PUBLIC LAW 106-113—APPENDIX B 113 STAT. 1501A-115 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this section. (2) DEFINITION.— For the purpose of paragraph (1), the term "final basic pay", with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN- MENT. — (1) An individual who has received a voluntary separation incentive payment under this section and accepts any employ- ment for compensation with the Government of the United States, or who works for any agency of the Government of the United States through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. (2) If the employment under paragraph (1) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repa5mrient if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under paragraph (1) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (4) If the employment under paragraph (1) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the , individual involved possesses unique abilities and is the only qualified applicant for the position. (f) REDUCTION OF AGENCY EMPLOYMENT LE^/ELS.— (1) IN GENERAL.—The total number of funded employee positions in the agency shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this subsection, positions shall be counted on a full-time-equivalent basis. (2) ENFORCEMENT.— The President, through the Office of Management and Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met. (g) REGULATIONS.— The Office of Personnel Management may prescribe such regulations as may be necessary to implement this section. IRAQ OPPOSITION SEC. 580. Notwithstanding any other provision of law, of the funds appropriated under the heading "Economic Support Fund", $10,000,000 shall be made available to support efforts to bring