Definitions.—

In this section—

1. “(1)
   the term ‘agency’ has the meaning given the term ‘Executive agency’ in section 105 of title 5, United States Code;
2. “(2)

   the term ‘covered civil service position’ means a position in the civil service (as defined in section 2101 of title 5, United States Code) that is not—

   1. “(A)
      a temporary position; or
   2. “(B)
      a political position;
3. “(3)

   the term ‘former political appointee’ means an individual who—

   1. “(A)
      is not serving in an appointment to a political position; and
   2. “(B)
      served as a political appointee during the 5-year period ending on the date of the request for an appointment to a covered civil service position in any agency;
4. “(4)
   the term ‘political appointee’ means an individual serving in an appointment to a political position; and
5. “(5)

   the term ‘political position’ means—

   1. “(A)
      a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule);
   2. “(B)
      a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of title 5, United States Code; or
   3. “(C)
      a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.

Reporting on Current or Recent Political Appointees Appointed to Covered Civil Service Positions.—

1. “(1)

   Annual report.—

   Except as provided in paragraph (2), the Director of the Office of Personnel Management shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives an annual report regarding requests by agencies to appoint political appointees or former political appointees to covered civil service positions. Each report shall cover one calendar year and shall—

   1. “(A)

      for each request by an agency that a political appointee be appointed to a covered civil service position during the period covered by the report, provide—

      1. “(i)
         the date on which the request was received by the Office of Personnel Management;
      2. “(ii)
         subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency;
      3. “(iii)
         the date on which the individual was first appointed to a political position in the agency in which the individual is serving as a political appointee;
      4. “(iv)
         the grade and rate of basic pay for the individual as a political appointee;
      5. “(v)
         the proposed covered civil service position, including title, office, and agency, and the proposed grade and rate of basic pay for the individual;
      6. “(vi)
         whether the Office of Personnel Management approved or denied the request; and
      7. “(vii)
         the date on which the individual was appointed to a covered civil service position, if applicable; and
   2. “(B)

      for each request by an agency that a former political appointee be appointed to a covered civil service position during the period covered by the report, provide—

      1. “(i)
         the date on which the request was received by the Office of Personnel Management;
      2. “(ii)
         subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency;
      3. “(iii)
         the date on which the individual was first appointed to any political position;
      4. “(iv)
         the grade and rate of basic pay for the individual as a political appointee;
      5. “(v)
         the date on which the individual ceased to serve in a political position;
      6. “(vi)
         the proposed covered civil service position, including title, office, and agency, and the proposed grade and rate of basic pay for the individual;
      7. “(vii)
         whether the Office of Personnel Management approved or denied the request; and
      8. “(viii)
         the date on which the individual was first appointed to a covered civil service position, if applicable.
2. “(2)

   Quarterly report in certain years.—

   In the last year of the term of a President, or, if applicable, the last year of the second consecutive term of a President, the report required under paragraph (1) shall be submitted quarterly and shall cover each quarter of the year, except that the last quarterly report shall also cover January 1 through 20 of the following year.

Names and Titles of Certain Appointees.—

If determined appropriate by the Director of the Office of Personnel Management, a report submitted under subsection (b) may exclude the name or title of a political appointee or former political appointee—

1. “(1)

   who—

   1. “(A)
      was requested to be appointed to a covered civil service position; and
   2. “(B)
      was not appointed to a covered civil service position; or
2. “(2)
   relating to whom a request to be appointed to a covered civil service position is pending at the end of the period covered by that report.”

Definition.—

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. “(1)
   2,084,600 during fiscal year 1994;
2. “(2)
   2,043,300 during fiscal year 1995;
3. “(3)
   2,003,300 during fiscal year 1996;
4. “(4)
   1,963,300 during fiscal year 1997;
5. “(5)
   1,922,300 during fiscal year 1998; and
6. “(6)
   1,882,300 during fiscal year 1999.

Monitoring and Notification.—

The Office of Management and Budget, after consultation with the Office of Personnel Management, shall—

1. “(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. “(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.

Compliance.—

Waiver.—

1. “(1)

   Emergencies.—

   Any provision of this section may be waived upon a determination by the President that—

   1. “(A)
      the existence of a state of war or other national security concern so requires; or
   2. “(B)
      the existence of an extraordinary emergency threatening life, health, safety, property, or the environment so requires.
2. “(2)

   Agency efficiency or critical mission.—

   1. “(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.
   2. “(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.

Employment Backfill Prevention.—

1. “(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) [5 U.S.C. 5597 note]. For purposes of this subsection, positions and vacancies shall be counted on a full-time-equivalent basis.
2. “(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. “(3)

   Applicability of backfill prevention provisions to agencies otherwise exempted from fte reduction.—

   1. “(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—

      1. “(i)
         paragraph (1) shall apply to vacancies created in such agency; and
      2. “(ii)
         the reductions required pursuant to clause (i) shall be made in the number of funded employee positions in such agency.
   2. “(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.
   3. “(C)

      Relation to other law.—

      No law may be construed as suspending or modifying this paragraph unless such law specifically amends this paragraph.

Limitation on Procurement of Service Contracts.—