 
                   CHAPTER 48--DEPARTMENT OF EDUCATION
 
                SUBCHAPTER IV--ADMINISTRATIVE PROVISIONS
 
                      Part A--Personnel Provisions
 
Sec. 3463. Personnel reduction and annual limitations


(a) Work-years limitation; allocations; adjustments

    (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) Full-time equivalent personnel reductions

    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) Personnel computations

    (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) Report on effects of reorganization on employees

    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.

(Pub. L. 96-88, title IV, Sec. 403, Oct. 17, 1979, 93 Stat. 682; Pub. L. 
104-66, title I, Sec. 1041(a), Dec. 21, 1995, 109 Stat. 714.)

                          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''.
