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5 USC CHAPTER 34 - PART-TIME CAREER EMPLOYMENT

OPPORTUNITIES 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

.

-HEAD-

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

-MISC1-

Sec.

3401. Definitions.

3402. Establishment of part-time career employment programs.

3403. Limitations.

3404. Personnel ceilings.

3405. Nonapplicability.

3406. Regulations.

(3407. Repealed.)

3408. Employee organization representation.

AMENDMENTS

1995 - Pub. L. 104-66, title III, Sec. 3001(a)(2), Dec. 21, 1995,

109 Stat. 734, struck out item 3407 ''Reports''.

1978 - Pub. L. 95-437, Sec. 3(b), Oct. 10, 1978, 92 Stat. 1058,

added items 3391 to 3398, which were renumbered 3401 to 3408 by

Pub. L. 95-454, title IX, Sec. 906(c)(1)(A), Oct. 13, 1978, 92

Stat. 1226, which section also substituted ''CHAPTER 34'' for

''SUBCHAPTER VIII'' in heading.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 38 section 7407.

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5 USC Sec. 3401 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 3401. Definitions

-STATUTE-

For the purpose of this chapter -

(1) ''agency'' means -

(A) an Executive agency;

(B) a military department;

(C) an agency in the judicial branch;

(D) the Library of Congress;

(E) the Botanic Garden; and

(F) the Office of the Architect of the Capitol; but does not

include -

(i) a Government controlled corporation;

(ii) the Tennessee Valley Authority;

(iii) the Virgin Islands Corporation;

(iv) the Federal Bureau of Investigation, Department of

Justice;

(v) the Central Intelligence Agency; and

(vi) the National Security Agency, Department of Defense; and

(2) ''part-time career employment'' means part-time employment

of 16 to 32 hours a week (or 32 to 64 hours during a biweekly pay

period in the case of a flexible or compressed work schedule

under subchapter II of chapter 61 of this title) under a schedule

consisting of an equal or varied number of hours per day, whether

in a position which would be part-time without regard to this

section or one established to allow job-sharing or comparable

arrangements, but does not include employment on a temporary or

intermittent basis.

-SOURCE-

(Added Pub. L. 95-437, Sec. 3(a), Oct. 10, 1978, 92 Stat. 1056,

Sec. 3391; renumbered Sec. 3401 and amended Pub. L. 95-454, title

IX, Sec. 906(c)(1)(B), (2)(A), Oct. 13, 1978, 92 Stat. 1226; Pub.

L. 97-221, Sec. 3, July 23, 1982, 96 Stat. 233; Pub. L. 97-468,

title VI, Sec. 615(b)(1)(B), Jan. 14, 1983, 96 Stat. 2578; Pub. L.

102-378, Sec. 2(15), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 104-201,

div. C, title XXXV, Sec. 3548(a)(1), Sept. 23, 1996, 110 Stat.

2868.)

-MISC1-

AMENDMENTS

1996 - Par. (1). Pub. L. 104-201, which directed amendment of

par. (1) by striking cl. (v) and redesignating cls. (vi), (vii),

and (viii) as (v), (vi), and (vii), respectively, was executed by

striking cl. (iv), relating to the Panama Canal Company, and

redesignating cls. (v), (vi), and (vii) as (iv), (v), and (vi),

respectively, to reflect the probable intent of Congress, because

par. (1) does not contain a cl. (viii) and the amendments were

included in a series of conforming amendments relating to the

Panama Canal.

1992 - Par. (1)(iii). Pub. L. 102-378, which directed the

amendment of cl. (iv) by substituting ''Virgin Islands'' for

''Virgin Island'', was executed by making the substitution in cl.

(iii) to reflect the probable intent of Congress.

1983 - Par. (1)(iii) to (viii). Pub. L. 97-468 struck out cl.

(iii) which excluded the Alaska Railroad, and redesignated cls.

(iv) to (viii) as (iii) to (vii), respectively.

1982 - Par. (2). Pub. L. 97-221 inserted ''(or 32 to 64 hours

during a biweekly pay period in the case of a flexible or

compressed work schedule under subchapter II of chapter 61 of this

title)'' after ''week''.

1978 - Pub. L. 95-454, Sec. 906(c)(1)(B), renumbered section 3391

of this title as this section.

Pub. L. 95-454, Sec. 906(c)(2)(A), substituted ''chapter'' for

''subchapter''.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-468 effective on date of transfer of

Alaska Railroad to the State (Jan. 5, 1985), pursuant to section

1203 of Title 45, Railroads, see section 615(b) of Pub. L. 97-468.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

SHORT TITLE OF 1978 AMENDMENT

Section 1 of Pub. L. 95-437 provided that: ''This Act (enacting

this chapter, amending sections 8347, 8716, 8906, and 8913 of this

title, and enacting provisions set out as notes under this section

and sections 3407 and 8906 of this title) may be cited as the

'Federal Employees Part-Time Career Employment Act of 1978'.''

CONGRESSIONAL FINDINGS AND PURPOSE

Section 2 of Pub. L. 95-437 provided that:

''(a) The Congress finds that -

''(1) many individuals in our society possess great productive

potential which goes unused because they cannot meet the

requirements of a standard workweek; and

''(2) part-time permanent employment -

''(A) provides older individuals with a gradual transition

into retirement;

''(B) provides employment opportunities to handicapped

individuals or others who require a reduced workweek;

''(C) provides parents opportunities to balance family

responsibilities with the need for additional income;

''(D) benefits students who must finance their own education

or vocational training;

''(E) benefits the Government, as an employer, by increasing

productivity and job satisfaction, while lowering turnover

rates and absenteeism, offering management more flexibility in

meeting work requirements, and filling shortages in various

occupations; and

''(F) benefits society by offering a needed alternative for

those individuals who require or prefer shorter hours (despite

the reduced income), thus increasing jobs available to reduce

unemployment while retaining the skills of individuals who have

training and experience.

''(b) The purpose of this Act (enacting this chapter, amending

sections 8347, 8716, 8906, and 8913 of this title, and enacting

provisions set out as notes under this section and sections 3407

and 8906 of this title) is to provide increased part-time career

employment opportunities throughout the Federal Government.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6323, 8347, 8402, 8716,

8906, 8913 of this title.

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5 USC Sec. 3402 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 3402. Establishment of part-time career employment programs

-STATUTE-

(a)(1) In order to promote part-time career employment

opportunities in all grade levels, the head of each agency, by

regulation, shall establish and maintain a program for part-time

career employment within such agency. Such regulations shall

provide for -

(A) the review of positions which, after such positions become

vacant, may be filled on a part-time career employment basis

(including the establishment of criteria to be used in

identifying such positions);

(B) procedures and criteria to be used in connection with

establishing or converting positions for part-time career

employment, subject to the limitations of section 3403 of this

title;

(C) annual goals for establishing or converting positions for

part-time career employment, and a timetable setting forth

interim and final deadlines for achieving such goals;

(D) a continuing review and evaluation of the part-time career

employment program established under such regulations; and

(E) procedures for notifying the public of vacant part-time

positions in such agency, utilizing facilities and funds

otherwise available to such agency for the dissemination of

information.

(2) The head of each agency shall provide for communication

between, and coordination of the activities of, the individuals

within such agency whose responsibilities relate to the part-time

career employment program established within that agency.

(3) Regulations established under paragraph (1) of this

subsection may provide for such exceptions as may be necessary to

carry out the mission of the agency.

(b)(1) The Office of Personnel Management, by regulation, shall

establish and maintain a program under which it shall, on the

request of an agency, advise and assist such agency in the

establishment and maintenance of its part-time career employment

program under this chapter.

(2) The Office shall conduct a research and demonstration program

with respect to part-time career employment within the Federal

Government. In particular, such program shall be directed to -

(A) determining the extent to which part-time career employment

may be used in filling positions which have not traditionally

been open for such employment on any extensive basis, such as

supervisory, managerial, and professional positions;

(B) determining the extent to which job-sharing arrangements

may be established for various occupations and positions; and

(C) evaluating attitudes, benefits, costs, efficiency, and

productivity associated with part-time career employment, as well

as its various sociological effects as a mode of employment.

-SOURCE-

(Added Pub. L. 95-437, Sec. 3(a), Oct. 10, 1978, 92 Stat. 1056,

Sec. 3392; renumbered Sec. 3402 and amended Pub. L. 95-454, title

IX, Sec. 906(c)(1)(B), (2)(B), Oct. 13, 1978, 92 Stat. 1226.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-454, Sec. 906(c)(1)(B), renumbered section 3392

of this title as this section.

Subsec. (a)(1)(B). Pub. L. 95-454, Sec. 906(c)(2)(B)(i),

substituted ''3403'' for ''3393''.

Subsec. (b)(1). Pub. L. 95-454, Sec. 906(c)(2)(B)(ii),

substituted ''Office of Personnel Management'' for ''Civil Service

Commission'' and ''chapter'' for ''subchapter''.

Subsec. (b)(2). Pub. L. 95-454, Sec. 906(c)(2)(B)(iii),

substituted ''Office'' for ''Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

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5 USC Sec. 3403 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 3403. Limitations

-STATUTE-

(a) An agency shall not abolish any position occupied by an

employee in order to make the duties of such position available to

be performed on a part-time career employment basis.

(b) Any person who is employed on a full-time basis in an agency

shall not be required to accept part-time employment as a condition

of continued employment.

-SOURCE-

(Added Pub. L. 95-437, Sec. 3(a), Oct. 10, 1978, 92 Stat. 1057,

Sec. 3393; renumbered Sec. 3403, Pub. L. 95-454, title IX, Sec.

906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-454 renumbered section 3393 of this title as

this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3402 of this title.

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5 USC Sec. 3404 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 3404. Personnel ceilings

-STATUTE-

In administering any personnel ceiling applicable to an agency

(or unit therein), an employee employed by such agency on a

part-time career employment basis shall be counted as a fraction

which is determined by dividing 40 hours into the average number of

hours of such employee's regularly scheduled workweek. This

section shall become effective on October 1, 1980.

-SOURCE-

(Added Pub. L. 95-437, Sec. 3(a), Oct. 10, 1978, 92 Stat. 1057,

Sec. 3394; renumbered Sec. 3404, Pub. L. 95-454, title IX, Sec.

906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-454 renumbered section 3394 of this title as

this section.

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5 USC Sec. 3405 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 3405. Nonapplicability

-STATUTE-

(a) If, on the date of enactment of this chapter, there is in

effect with respect to positions within an agency a

collective-bargaining agreement which establishes the number of

hours of employment a week, then this chapter shall not apply to

those positions.

(b) This chapter shall not require part-time career employment in

positions the rate of basic pay for which is fixed at a rate equal

to or greater than the minimum rate payable under section 5376.

-SOURCE-

(Added Pub. L. 95-437, Sec. 3(a), Oct. 10, 1978, 92 Stat. 1057,

Sec. 3395; renumbered Sec. 3405 and amended Pub. L. 95-454, title

IX, Sec. 906(c)(1)(B), (2)(C), Oct. 13, 1978, 92 Stat. 1226, 1227;

Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(9)(D)),

Nov. 5, 1990, 104 Stat. 1427, 1441.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this chapter, referred to in subsec.

(a), is the date of the enactment of Pub. L. 95-437, which was

approved Oct. 10, 1978.

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AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-509 substituted ''payable under

section 5376'' for ''fixed for GS-16 of the General Schedule''.

1978 - Pub. L. 95-454, Sec. 906(c)(1)(B), renumbered section 3395

of this title as this section.

Subsecs. (a), (b). Pub. L. 95-454, Sec. 906(c)(2)(C), substituted

''chapter'' for ''subchapter'' wherever appearing.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 (title

III, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

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5 USC Sec. 3406 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 3406. Regulations

-STATUTE-

Before any regulation is prescribed under this chapter, a copy of

the proposed regulation shall be published in the Federal Register

and an opportunity provided to interested parties to present

written comment and, where practicable, oral comment. Initial

regulations shall be prescribed not later than 180 days after the

date of the enactment of this chapter.

-SOURCE-

(Added Pub. L. 95-437, Sec. 3(a), Oct. 10, 1978, 92 Stat. 1057,

Sec. 3396; renumbered Sec. 3406 and amended Pub. L. 95-454, title

IX, Sec. 906(c)(1)(B), (2)(C), Oct. 13, 1978, 92 Stat. 1226, 1227.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this chapter, referred to in text,

is the date of the enactment of Pub. L. 95-437, which was approved

Oct. 10, 1978.

-MISC2-

AMENDMENTS

1978 - Pub. L. 95-453, Sec. 901(c)(1)(B), renumbered section 3396

of this title as this section.

Pub. L. 95-454, Sec. 906(c)(2)(C), substituted ''chapter'' for

''subchapter'' wherever appearing.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

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5 USC Sec. 3407 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

-HEAD-

(Sec. 3407. Repealed. Pub. L. 104-66, title III, Sec. 3001(a)(1),

Dec. 21, 1995, 109 Stat. 733)

-MISC1-

Section, added Pub. L. 95-437, Sec. 3(a), Oct. 10, 1978, 92 Stat.

1058, Sec. 3397; renumbered Sec. 3407 and amended Pub. L. 95-454,

title IX, Sec. 906(c)(1)(B), (2)(D), (E), Oct. 13, 1978, 92 Stat.

1226, 1227, related to reports.

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5 USC Sec. 3408 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 34 - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 3408. Employee organization representation

-STATUTE-

If an employee organization has been accorded exclusive

recognition with respect to a unit within an agency, then the

employee organization shall be entitled to represent all employees

within that unit employed on a part-time career employment basis.

-SOURCE-

(Added Pub. L. 95-437, Sec. 3(a), Oct. 10, 1978, 92 Stat. 1058,

Sec. 3398; renumbered Sec. 3408, Pub. L. 95-454, title IX, Sec.

906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-454 renumbered section 3398 of this title as

this section.

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