§ 3463. Personnel reduction and annual limitations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1979

   Department of Education Organization Act

   Pub. L. 96–88 title IV § 403 · 93 Stat. 668

   Enacted · 20 U.S.C. § 3463

   Pub. L. 96–88, title IV, § 403, Oct. 17, 1979, 93 Stat. 682

   Source evidence

   Code source credit
   Pub. L. 96–88, title IV, § 403, Oct. 17, 1979, 93 Stat. 682

   Enacted provision · exact public law section
   Sec. 403. personnel reduction and annual limitations (a) (1) Notwithstanding any other provision of this Act, there shall be included in each appropriation Act containing appropriations for the administration of the Department for any fiscal year beginning after September 30, 1981 (other than an appropriation Act containing only supplemental appropriations for the Department), an annual limitation on the total number of work-years for the personnel of the Department. (2) The Secretary shall prescribe the allocation of the work-years available under paragraph (1) among the organizational units and components of the Department and shall, within 120 days after the enactment of an appropriation Act containing a work-year limitation, prepare and transmit to the Congress a report on such allocation. Such report shall include explanations and justifications for the allocations made by the Secretary and shall indicate the necessary personnel actions which will be required as a consequence of such allocation. Not later than 120 days after the conclusion of any fiscal year to which a work-year limitation established under paragraph (1) applies, the Secretary shall prepare and transmit to the Congress a report on compliance with such limitation indicating the total work-years actually expended by the Department and by the organizational units and components to which such work-years were allocated. (3) If the President transmits any reorganization plan under chapter 9 of title 5, United States Code, which would result in the 5 USC 901 et seq. transfer of functions or offices to the Secretary or the Department, the message transmitting the plan shall include any adjustments which may be necessary in a work-year limitation established under paragraph (1) to reflect changes in the work-years required as a result of such plan. (4) Not later than the end of the first fiscal year beginning after the effective date of this Act, the number of full-time equivalent personnel positions available for performing functions transferred to the Secretary or the Department by this Act shall be reduced by 500. (c) (1) Computations required to be made for purposes of this section shall be made on the basis of all personnel employed by the Department, including experts and consultants employed under section 3109 of title 5, United States Code, and all other part-time and full-time personnel employed to perform functions of the Secretary or the Department, except personnel employed under special programs for students and disadvantaged youth (including temporary summer employment). (2) The Director of the Office of Personnel Management shall, by rule, establish a method for computing work-years for personnel of the Department as described in paragraph (1). (d) The Director of the Office of Personnel Management shall, as Report to Congress. soon as practicable, but not later than one year after the effective date of this Act, prepare and transmit to the Congress a report on the effects on employees of the reorganization under this Act, which shall include— (1) an identification of any position within the Department or elsewhere in the executive branch, which it considers unnecessary due to consolidation of functions under this Act; (2) a statement of the number of employees entitled to pay savings by reason of the organization under this Act; (3) a statement of the number of employees who are voluntarily or involuntarily separated by reason of such reorganization; (4) an estimate of the personnel costs associated with such reorganization; (5) the effects of such reorganization on labor management relations; and (6) such legislative and administrative recommendations for improvements in personnel management within the Department as the Director considers necessary.

2. 1995

   Federal Reports Elimination and Sunset Act of 1995

   Pub. L. 104–66 title I § 1041(a) · 109 Stat. 707

   Struck · 20 U.S.C. § 3463(a)(2)

   Pub. L. 104–66 struck out before period at end “and shall, within 120 days after the enactment of an appropriation Act containing a work-year limitation, prepare and transmit to the Congress a report on such allocation. Such report shall include explanations and justifications for the allocations made by the Secretary and shall indicate the necessary personnel actions which will be required as a consequence of such allocation. Not later than 120 days after the conclusion of any fiscal year to which a work-year limitation established under paragraph (1) applies, the Secretary shall prepare and transmit to the Congress a report on compliance with such limitation indicating the total work-years actually expended by the Department and by the organizational units and components to which such work-years were allocated”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–66 struck out before period at end “and shall, within 120 days after the enactment of an appropriation Act containing a work-year limitation, prepare and transmit to the Congress a report on such allocation. Such report shall include explanations and justifications for the allocations made by the Secretary and shall indicate the necessary personnel actions which will be required as a consequence of such allocation. Not later than 120 days after the conclusion of any fiscal year to which a work-year limitation established under paragraph (1) applies, the Secretary shall prepare and transmit to the Congress a report on compliance with such limitation indicating the total work-years actually expended by the Department and by the organizational units and components to which such work-years were allocated”.

   Enacted provision · exact public law section
   (a) Report on Personnel Reduction and Annual Limitations.— Subsection (a) of section 403 of the Department of Education Organization Act (20 U.S.C. 3463(a)) is amended in paragraph (2), by striking all beginning with “and shall,” through the end thereof and inserting a period.

2 of 2 references resolved to an enrolled provision