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5 U.S.C. § 3403 — Limitations

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3403 — Limitations

**(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.

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Stable record: federal_law:legal_authorities:record_usc_4c0f8f7c8676bd1253f41895
Source file: Laws/federal/codes/united-states-code/title-5/section-3403-limitations--8e9eb0f9cf.md
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Source location: Title 5, Chapter 34, § 3403; chapter-034-part-time-career-employment-opportunities.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3393 — Career appointments

**(a)** Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from— (1) all groups of qualified individuals within the civil service; or (2) all groups of qualified individuals whether or not within the civil service. **(b)** Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including— (1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and (2) making written recommendations to the appropriate appointing authority concerning such candidates. **(c)** (1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee. (2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointme

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3402 — Establishment of part-time career employment programs

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3403&num=0&edition=prelim); (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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3403 — Limitations

Page 443 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3405 tions for part-time career employment, sub- ject to the limitations of section 3403 of this title; (C) annual goals for establishing or con- verting positions for part-time career employ- ment, 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 es- tablished under such regulations; and (E) procedures for notifying the public of va- cant part-time positions in such agency, uti- lizing facilities and funds otherwise available to such agency for the dissemination of infor- mation. (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 ex- ceptions 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 pro- gram under which it shall, on the request of an agency, advise and assist such agency in the es- tablishment 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

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