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5 U.S.C. § 3405 — Nonapplicability
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_f5fb0ca2634b92310a8aad77
Source file: Laws/federal/codes/united-states-code/title-5/section-3405-nonapplicability--540322dab5.md
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Passage SHA-256: 374e2c5bd8db03560aa614ed73f0645a16a0905eb1f0878afcaf045b1ebf3361
Source location: Title 5, Chapter 34, § 3405; chapter-034-part-time-career-employment-opportunities.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A career appointee in an agency—
(A) may, subject to paragraph (2) of this subsection, be reassigned to any Senior Executive Service position in the same agency for which the appointee is qualified; and
(B) may transfer to a Senior Executive Service position in another agency for which the appointee is qualified, with the approval of the agency to which the appointee transfers.
(2)
(A) Except as provided in subparagraph (B) of this paragraph, a career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives written notice of the reassignment at least 15 days before the effective date of such reassignment.
(B)
(i) A career appointee may not be reassigned to a Senior Executive Service position outside the career appointee’s commuting area unless—
(I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee’s preferences with respect to, the proposed reassignment; and
(II) the career appointee receives written notice of the reassignment, including a statement of the reasons for the reassignment, at least 60 days before the effective date of the reassignment.
(ii) Notice of reassignment under clause (i)(II) of this subparagraph may be waived with the written consent of the career appointee involved.
**(b)**
(1) Notwithstanding [section 3394(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3394/b&num=0&edition=prelim), a limited emergency appointee may be reassigned to another Senior Executive Service position in the same age
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3395
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that—
(1) there be equal pay for substantially equal work within each local pay area;
(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;
(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and
(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3405
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