Sec. 5. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS
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## SEC. 5 REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS **[**[5 U.S.C. 3101 note](/us/usc/t5/s3101)**]** ###
(a)Definition For the purpose of this section, the term “**agency**” means an Executive agency (as defined by section 105 of title 5, United States Code), but does not include the General Accounting Office. ###
(b)Limitations on Full-Time Equivalent Positions The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall ensure that the total number of full-time equivalent positions in all agencies shall not exceed— ####
(1)2,084,600 during fiscal year 1994; ####
(2)2,043,300 during fiscal year 1995; ####
(3)2,003,300 during fiscal year 1996; ####
(4)1,963,300 during fiscal year 1997; ####
(5)1,922,300 during fiscal year 1998; and ####
(6)1,882,300 during fiscal year 1999. ###
(c)Monitoring and Notification The Office of Management and Budget, after consultation with the Office of Personnel Management, shall— ####
(1)continuously monitor all agencies and make a determination on the first date of each quarter of each applicable fiscal year of whether the requirements under subsection
(b)are met; and ####
(2)notify the President and the Congress on the first date of each quarter of each applicable fiscal year of any determination that any requirement of subsection
(b)is not met. ###
(d)Compliance If, at any time during a fiscal year, the Office of Management and Budget notifies the President and the Congress that any requirement under subsection
(b)is not met, no agency may hire any employee for any position in such agency until the Office of Management and Budget notifies the President and the Congress that the total number of full-time equivalent positions for all agencies equals or is less than the applicable number required under subsection (b). ###
(e)Waiver ####
(1)Emergencies Any provision of this section may be waived upon a determination by the President that— #####
(A)the existence of a state of war or other national security concern so requires; or #####
(B)the existence of an extraordinary emergency threatening life, health, safety, property, or the environment so requires. ####
(2)Agency efficiency or critical mission #####
(A)Subsection
(d)may be waived, in the case of a particular position or category of positions in an agency, upon a determination of the President that the efficiency of the agency or the performance of a critical agency mission so requires. #####
(B)Whenever the President grants a waiver pursuant to subparagraph (A), the President shall take all necessary actions to ensure that the overall limitations set forth in subsection
(b)are not exceeded. ###
(f)Employment Backfill Prevention ####
(1)In general The total number of funded employee positions in all agencies (excluding the Department of Defense and the Central Intelligence 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 section 3 (a)–(e). For purposes of this subsection, positions and vacancies shall be counted on a full-time-equivalent basis. ####
(2)Related restriction No funds budgeted for and appropriated by any Act for salaries or expenses of positions eliminated under this subsection may be used for any purpose other than authorized separation costs. ####
(3)Applicability of backfill prevention provisions to agencies otherwise exempted from fte reduction #####
(A)In general If any agency is otherwise exempted by any law from the limitations on full-time equivalent positions or the restrictions on hiring established by this section— ######
(i)paragraph
(1)shall apply to vacancies created in such agency; and ######
(ii)the reductions required pursuant to clause
(i)shall be made in the number of funded employee positions in such agency. #####
(B)Waiver authority In the case of a particular position in an agency, subparagraph
(A)may be waived upon a determination by the head of the agency that the performance of a critical agency mission requires the waiver. #####
(C)Relation to other law No law may be construed as suspending or modifying this paragraph unless such law specifically amends this paragraph. ###
(g)Limitation on Procurement of Service Contracts The President shall take appropriate action to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates such contracts would be to the financial advantage of the Federal Government.
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Sec. 5
REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS
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