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

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

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

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Stable record: federal_law:legal_authorities:record_usc_eb6cd565f56839c719eae9cd
Source file: Laws/federal/codes/united-states-code/title-5/section-3402-establishment-of-part-time-career-employment-programs--3f6bd1a805.md
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Source location: Title 5, Chapter 34, § 3402; chapter-034-part-time-career-employment-opportunities.md

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**(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 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.

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

5 U.S.C. § 3392 — General appointment provisions

**(a)** Qualification standards shall be established by the head of each agency for each Senior Executive Service position in the agency— (1) in accordance with requirements established by the Office of Personnel Management, with respect to standards for career reserved positions, and (2) after consultation with the Office, with respect to standards for general positions. **(b)** Not more than 30 percent of the Senior Executive Service positions authorized under [section 3133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3133&num=0&edition=prelim) may at any time be filled by individuals who did not have 5 years of current continuous service in the civil service immediately preceding their initial appointment to the Senior Executive Service, unless the President certifies to the Congress that the limitation would hinder the efficiency of the Government. In applying the preceding sentence, any break in service of 3 days or less shall be disregarded. **(c)** (1) If a career appointee is appointed by the President, by and with the advice and consent of the Senate, to a civilian position in the executive branch which is not in the Senior Executive Service, and the rate of basic pay payable for which is equal to or greater than the rate payable for level V of the Executive Schedule, the career appointee may elect (at such time and in such manner as the Office may prescribe) to continue to have the provisions of this title relating to basic pay, performance awards, awarding of ranks, severance pay, leave, and retirement apply as if the career appointee remained in the Senior Executive Service position from which he was appointed. Such provisions shall apply in lieu of the provisions which would otherwise apply— (A) to the ex

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

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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

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

Page 442 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3401 1978—Pub. L. 95–437, § 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, § 906(c)(1)(A), Oct. 13, 1978, 92 Stat. 1226, which section also substituted ‘‘CHAPTER 34’’ for ‘‘SUBCHAPTER VIII’’ in heading. § 3401. Definitions 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 Cap- itol; 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, Depart- ment 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 es- tablished to allow job-sharing or comparable arrangements, but does not include employ- ment on a temporary or intermittent basis. (Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, § 3391; renumbered § 3401 and amended Pub. L. 95–454, title IX, § 906(c)(1)(B), (2)(A), Oct. 13, 1978, 92 Stat. 1226; Pub. L. 97–221, § 3, July 23, 1982, 96 Stat. 233; Pub. L. 97–468, title VI, § 615(b)(1)(B), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 102–3

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