§3463 — Title 20 Education | U.S. Code

Summary

When Congress funds the Department for any fiscal year that starts after September 30, 1981, each regular appropriation bill must set a yearly cap on the total number of work‑years (full‑time equivalent jobs) the Department can have. The Secretary must divide those allowed work‑years among the Department’s units. If the President sends a reorganization plan that moves jobs or functions to the Department, the plan message must say how the work‑year cap should change to match the new needs. Bills that only give supplemental funding are not covered. By the first fiscal year that begins after May 4, 1980, the number of full‑time equivalent positions for functions moved to the Department must be cut by 500. All Department employees count when computing work‑years, including experts, consultants (5 U.S.C. 3109), and part‑time or full‑time staff, but not temporary student or disadvantaged‑youth programs. The Office of Personnel Management must set a method to compute work‑years and must send Congress, no later than one year after May 4, 1980, a report on the reorganization’s effects that lists unneeded positions, numbers getting pay savings, numbers separated, estimated personnel costs, effects on labor relations, and recommended personnel changes.

Title 20, §3463

Education — Source: USLM XML via OLRC

(a)(1)Notwithstanding any other provision of this chapter, 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.

(3)If the President transmits any reorganization plan under chapter 9 of title 5 which would result in the 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.

(b)Not later than the end of the first fiscal year beginning after May 4, 1980, the number of full-time equivalent personnel positions available for performing functions transferred to the Secretary or the Department by this chapter 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 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 soon as practicable, but not later than one year after May 4, 1980, prepare and transmit to the Congress a report on the effects on employees of the reorganization under this chapter, 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 chapter;

(2)a statement of the number of employees entitled to pay savings by reason of the organization under this chapter;

(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.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsecs. (a) and (d), “May 4, 1980” substituted for “the

Effective Date

of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an

Effective Date

note under section 3401 of this title.

Amendments

1995—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”.

§3463 Personnel reduction and annual limitations

Summary

Title 20, §3463

Notes & Related Subsidiaries

Editorial Notes

Effective Date

Effective Date

Amendments

Citations & Metadata