108 STAT. 116 PUBLIC LAW 103-226—MAR. 30, 1994 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. President. (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. (0 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 (aMe). 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.
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