---
kind: "section"
citation: "20 U.S.C. § 3463"
title: "20"
title_heading: "Education"
number: "3463"
heading: "Personnel reduction and annual limitations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/3463"
units:
  - "Chapter 48 — Department of Education"
  - "Subchapter IV — Administrative Provisions"
  - "Part A — Personnel Provisions"
---

# §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](/usc/20/3404.md?p=1) for any fiscal year beginning after September 30, 1981 (other than an appropriation Act containing only supplemental appropriations for the [Department](/usc/20/3404.md?p=1)), an annual limitation on the total number of work-years for the personnel of the [Department](/usc/20/3404.md?p=1).
  - (2) The [Secretary](/usc/20/3404.md?p=2) shall prescribe the allocation of the work-years available under [paragraph (1)](#a-1) among the organizational units and components of the [Department](/usc/20/3404.md?p=1).
  - (3) If the President transmits any reorganization plan under [chapter 9](/usc/5/chptI/ch9.md) of title 5 which would result in the transfer of [functions](/usc/20/3404.md?p=4) or [offices](/usc/20/3404.md?p=7) to the [Secretary](/usc/20/3404.md?p=2) or the [Department](/usc/20/3404.md?p=1), the message transmitting the plan shall include any adjustments which may be necessary in a work-year limitation established under [paragraph (1)](#a-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](/usc/20/3404.md?p=4) transferred to the [Secretary](/usc/20/3404.md?p=2) or the [Department](/usc/20/3404.md?p=1) 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](/usc/20/3404.md?p=1), including experts and consultants employed under [section 3109 of title 5](/usc/5/3109.md) and all other part-time and full-time personnel employed to perform [functions](/usc/20/3404.md?p=4) of the [Secretary](/usc/20/3404.md?p=2) or the [Department](/usc/20/3404.md?p=1), except personnel employed under special programs for students and disadvantaged youth (including temporary summer employment).
  - (2) The Director of the [Office](/usc/20/3404.md?p=7) of Personnel Management shall, by rule, establish a method for computing work-years for personnel of the [Department](/usc/20/3404.md?p=1) as described in [paragraph (1)](#c-1).
- (d) **Report on effects of reorganization on employees—** The Director of the [Office](/usc/20/3404.md?p=7) 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](/usc/20/3404.md?p=1) or elsewhere in the executive branch, which it considers unnecessary due to consolidation of [functions](/usc/20/3404.md?p=4) 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](/usc/20/3404.md?p=1) as the Director considers necessary.

## Source credit

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

## Notes

### 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”.