5 U.S.C. § 3405 — Nonapplicability

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 positions; (B) determining the extent to which job- sharing arrangements may be established for various occupations and positions; and (C) evaluating attitudes, benefits, costs, effi- ciency, and productivity associated with part- time career employment, as well as its various sociological effects as a mode of employment. (Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, § 3392; renumbered § 3402 and amended Pub. L. 95–454, title IX, § 906(c)(1)(B), (2)(B), Oct. 13, 1978, 92 Stat. 1226.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–454, § 906(c)(1)(B), renumbered section 3392 of this title as this section. Subsec. (a)(1)(B). Pub. L. 95–454, § 906(c)(2)(B)(i), sub- stituted ‘‘3403’’ for ‘‘3393’’. Subsec. (b)(1). Pub. L. 95–454, § 906(c)(2)(B)(ii), sub- stituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’ and ‘‘chapter’’ for ‘‘subchapter’’. Subsec. (b)(2). Pub. L. 95–454, § 906(c)(2)(B)(iii), sub- stituted ‘‘Office’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries 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. § 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 ac- cept part-time employment as a condition of continued employment. (Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, § 3393; renumbered § 3403, Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 renumbered section 3393 of this title as this section. § 3404. Personnel ceilings In administering any personnel ceiling appli- cable to an agency (or unit therein), an em- ployee 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. (Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, § 3394; renumbered § 3404, Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 renumbered section 3394 of this title as this section. § 3405. Nonapplicability (a) If, on the date of enactment of this chap- ter, there is in effect with respect to positions within an agency a collective-bargaining agree- ment 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 great- er than the minimum rate payable under section 5376. (Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, § 3395; renumbered § 3405 and amended Pub. L. 95–454, title IX, § 906(c)(1)(B), (2)(C), Oct. 13, 1978, 92 Stat. 1226, 1227; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(D)], Nov. 5, 1990, 104 Stat. 1427, 1441.) Editorial Notes 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. 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, § 906(c)(1)(B), renumbered section 3395 of this title as this section. Page 444 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3406 1 So in original. Two sections ‘‘3598’’ have been enacted. 2 So in original. Does not conform to section catchline. Subsecs. (a), (b). Pub. L. 95–454, § 906(c)(2)(C), sub- stituted ‘‘chapter’’ for ‘‘subchapter’’ wherever appear- ing. Statutory Notes and Related Subsidiaries 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, § 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. § 3406. Regulations Before any regulation is prescribed under this chapter, a copy of the proposed regulation shall be published in the Federal Register and an op- portunity provided to interested parties to present written comment and, where prac- ticable, oral comment. Initial regulations shall be prescribed not later than 180 days after the date of the enactment of this chapter. (Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, § 3396; renumbered § 3406 and amended Pub. L. 95–454, title IX, § 906(c)(1)(B), (2)(C), Oct. 13, 1978, 92 Stat. 1226, 1227.) Editorial Notes 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. AMENDMENTS 1978—Pub. L. 95–453, § 901(c)(1)(B), renumbered section 3396 of this title as this section. Pub. L. 95–454, § 906(c)(2)(C), substituted ‘‘chapter’’ for ‘‘subchapter’’ wherever appearing. Statutory Notes and Related Subsidiaries 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. [§ 3407. Repealed. Pub. L. 104–66, title III, § 3001(a)(1), Dec. 21, 1995, 109 Stat. 733] Section, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1058, § 3397; renumbered § 3407 and amended Pub. L. 95–454, title IX, § 906(c)(1)(B), (2)(D), (E), Oct. 13, 1978, 92 Stat. 1226, 1227, related to reports. § 3408. Employee organization representation If an employee organization has been accorded exclusive recognition with respect to a unit within an agency, then the employee organiza- tion shall be entitled to represent all employees within that unit employed on a part-time career employment basis. (Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1058, § 3398; renumbered § 3408, Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 renumbered section 3398 of this title as this section. CHAPTER 35—RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAY- MENTS, RESTORATION, AND REEMPLOY- MENT SUBCHAPTER I—RETENTION PREFERENCE Sec. 3501. Definitions; application. 3502. Order of retention. 3503. Transfer of functions. 3504. Preference eligibles; retention; physical qualifications; waiver. SUBCHAPTER II—VOLUNTARY SEPARATION INCENTIVE PAYMENTS 3521. Definitions. 3522. Agency plans; approval. 3523. Authority to provide voluntary separation in- centive payments. 3524. Effect of subsequent employment with the Government. 3525. Regulations. SUBCHAPTER III—REINSTATEMENT OR RESTORA- TION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY 3571. Reinstatement or restoration; individuals suspended or removed for national security. SUBCHAPTER IV—REEMPLOYMENT AFTER SERV- ICE WITH AN INTERNATIONAL ORGANIZATION 3581. Definitions. 3582. Rights of transferring employees. 3583. Computations. 3584. Regulations. SUBCHAPTER V—REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE 3591. Definitions. 3592. Removal from the Senior Executive Service. 3593. Reinstatement in the Senior Executive Serv- ice. 3594. Guaranteed placement in other personnel sys- tems. 3595. Reduction in force in the Senior Executive Service. 3595a. Furlough in the Senior Executive Service. 3596. Regulations. SUBCHAPTER VI—REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE FOREIGN SERVICE 3597. Reemployment following limited appoint- ment in the Foreign Service. SUBCHAPTER VII—RETENTION OF RETIRED SPE- CIALIZED EMPLOYEES AT THE FEDERAL BU- REAU OF INVESTIGATION 3598.1 Federal Bureau of Investigation reserve serv- ice.2 3598.1 Federal Bureau of Investigation Reserve Service. Editorial Notes AMENDMENTS 2004—Pub. L. 108–447, div. B, title I, § 114(b), Dec. 8, 2004, 118 Stat. 2869, and Pub. L. 108–458, title II, § 2004(b), Dec. 17, 2004, 118 Stat. 3704, amended analysis identi- cally, adding item for subchapter VII. Pub. L. 108–458, title II, § 2004(b), Dec. 17, 2004, 118 Stat. 3704, added item 3598, set out second. Pub. L. 108–447, div. B, title I, § 114(b), Dec. 8, 2004, 118 Stat. 2869, added item 3598, set out first.