SECTION 201 OF THE REVENUE AND EXPENDITURE CONTROL ACT OF 1968

SEC. 201. Limitation on the number of civilian officers and employees in the executive branch.

(a) Except as otherwise provided in this section

(1) No person shall be appointed as a full-time civilian employee to a permanent position in the executive branch during any month when the number of such employees is greater than the number of such employees on June 30, 1966.

(2) The number of temporary and part-time employees in any department or agency in the executive branch during any month shall not be greater than the number of such employees during the corresponding month of 1967.

(b) (1) During any period when appointments are otherwise prohibited under subsection (a) (1), the head of any department or agency may, except as otherwise provided in this subsection, appoint a number of persons as full-time civilian employees in permanent positions in such department or agency equal to 75 percent of the number of vacancies in such positions which have occurred during such period by reason of resignation, retirement. removal, or death.

(2) For purposes of paragraph (1), all agencies which, on the first day of any period when appointments are otherwise prohibited under subsection (a)(1), have 50 or fewer full-time civilian employees in permanent positions shall be treated as one agency, and the Director of the Bureau of the Budget (hereinafter in this section referred to as the "Director") shall determine the vacancies in each such agency which may be filled by reason of paragraph (1).

(3) For purposes of paragraph (1), the Director may reassign vacancies from one department or agency to another department or agency when such reassignment is, in the opinion of the Director, necessary or appropriate because of the creation of a new department or agency, because of a change in functions, or for the more efficient operation of the Government.

(4) If a full-time civilian employee in a permanent position is transferred from one department or agency to another department or agency

(A) such transfer shall be taken into account under paragraph (1) as an appointment by the head of the department or agency to which he transfers, and

(B) subsection (a) (1) shall not apply to an appointment to the vacancy in the department or agency from which he transferred and such vacancy shall not be taken into account under paragraph (1).

(c) For purposes of subsection (a)(2), the Director may reassign authorized temporary and part-time employment from one department or agency to another department or agency when such reassignment is, in the opinion of the Director, necessary or appropriate because of the creation of a new department or agency, because of a change in functions, or for the more efficient operation of the Government.

(d) For purposes of this section, there shall not be taken into

account

(1) any position filled by appointment by the President by and with the advice and consent of the Senate, other than for purposes of determining under subsection (a)(1) the number of full-time civilian employees in permanent positions in the executive branch at any time,

(2) casual employees or employees serving without compensation, and

(3) those employees (not exceeding 70,000 during any month) appointed under the President's program to provide summer employment for economically or educationally disadvantaged persons between the ages of 16 and 22.

(e) The Director shall maintain a continuous study of all appropriations and contract authorizations in relation to personnel employed and shall reserve from expenditure the savings in salaries and wages resulting from the operation of this section, and any savings in other categories of expense which he determines will result from such operation.

(f) The departments and agencies in the executive branch shall submit to the Director such information as may be necessary to enable him to carry out his functions under this section.

(g) The Director shall submit to the Senate and the House of Representatives at the end of each calendar quarter, beginning with the quarter ending September 30, 1968, a report on the operation of this section. (h) Nothing in this section shall supersede or modify the reemployment rights of any person under section 9 of the Military Selective Service Act of 1967 or any other provision of law conferring reemploytive rights upon persons who have performed active duty in the Armed Forces.

(i) The Director shall prescribe such regulations as he deems necessary or appropriate to carry out the provisions of this section.

(j) This section (other than subsection (i)) shall take effect on the first day of the first month which begins after the date of the enactment of this Act.

(k) During any period when appointments are otherwise prohibited under subsection (a)(1), the Director may nevertheless authorize the head of any department or agency to appoint a person to a full-time permanent position without regard to the provisions of subsection (a) or (b), but the authority to make appointments pursuant to this subsection shall terminate at such time as fourteen thousand persons have been employed pursuant to authorizations granted by the Director under this subsection. Any appointments made as the result of the application of this subsection shall be in addition to those made as the result of the application of any other provision of law.

Mr. BOLAND, from the committee of conference,
submitted the following

CONFERENCE REPORT

[To accompany H. R. 18188]

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 18188) making appropriations for the Department of Transportation for the fiscal year ending June 30, 1969, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendments numbered 2, 4, 15, and 16.

That the House recede from its disagreement to the amendment of the Senate numbered 17, and agree to the same.

Amendment numbered 1:

That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree to the same with an amendment as follows:

In lieu of the sum proposed by said amendment insert $670,954,000; and the Senate agree to the same.

Amendment numbered 3:

That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an amendment as follows:

In lieu of the sum proposed by said amendment insert $120,000,000; and the Senate agree to the same.

Amendment numbered 5:

That the House recede from its disagreement to the amendment. of the Senate numbered 5, and agree to the same with an amendment as follows: