Page:United States Statutes at Large Volume 92 Part 1.djvu/1207

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1153

"(d) Not later than 60 days after the date of the enactment of the Civil Service Reform Act of 1978, the Equal Employment Opportu- Ante, p. 1111. nity Commission shall— "(1) establish the guidelines proposed to be used in carrying Proposed out the program required under subsection (c) of this section; and guidelines. "(2) make determinations of underrepresentation which are Determinations. proposed to be used initially under such program; and "(3) transmit to the Executive agencies involved, to the Office Transmittal to of Personnel Management, and to the Congress the determinations Executive agencies. made under paragraph (2) of this subsection. " (e) Not later than January 31 of each year, the Office shall prepare Report to and transmit to each House of the Congress a report on the activities Congress. of the Office and of Executive agencies under subsection (c) of this section, including the affirmative action plans submitted under section 717 of the Civil Rig;hts Act of 1964 (42 U.S.C. 2000e-16), the personnel data file maintained by the Office of Personnel Management, and any other data necessary to evaluate the effectiveness of the program for each category of civil service employment and for each minority group designation, for the preceding fiscal year, together with recommendations for administrative or legislative action the Office considers appropriate.". TEMPORARY EMPLOYMENT

LIMITATION

SEC. 311. (a) The total number of civilian employees in the executive branch, on September 30, 1979, on September 30, 1980, and on September 30, 1981, shall not exceed the number of such employees on September 30, 1977. (b)(1) For the purpose of this section, "civilian employees in the executive branch" means all civilian employees within the executive branch of the Government (other than in the United States Postal Service or the Postal Rate Commission), whether employed on a fulltime, part-time, or intermittent basis and whether employed on a direct hire or indirect hire basis. (2)(A) Such term does not include individuals participating in special employment programs established for students and disadvantaged youth. (B) The total number of individuals participating in such programs shall not at any time exceed 60,000. (c) In applying the limitation of subsection (a) — (1) part-time civilian employees in excess of the number of part-time civilian employees in the executive branch employed on September 30, 1977, may be counted as a fraction which is determined by dividing 40 hours into the average number of hours of such employees' regularly scheduled workweek; and (2) the number of civilian employees in the executive branch on September 30, 1977, shall be determined on the basis of the number of such employees as set forth in the Monthly Report of Civilian Employment published by the Civil Service Commission. (d)(1) The provisions of this section shall not apply during a time of war or during a period of national emergency declared by the Congress or the President, (2)(A) Subject to the limitation of subparagraph (B) of this paragraph, the President may authorize employment of civilian employees in excess of the limitation of subsection (a) if he deems that such action is necessary in the public interest.

5 USC 3101 note.

"Civilian employees in the executive branch." .aVsK

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