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. 102–378, § 2(15), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(1), Sept. 23, 1996, 110 Stat. 2868.) Editorial Notes AMENDMENTS 1996—Par. (1). Pub. L. 104–201, which directed amend- ment 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 Pan- ama 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 sub- stitution 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 redesig- nated 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, § 906(c)(1)(B), renumbered section 3391 of this title as this section. Pub. L. 95–454, § 906(c)(2)(A), substituted ‘‘chapter’’ for ‘‘subchapter’’. Statutory Notes and Related Subsidiaries 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 sec- tion 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 Employ- ees Part-Time Career Employment Act of 1978’.’’ CONGRESSIONAL FINDINGS AND PURPOSE Pub. L. 95–437, § 2, Oct. 10, 1978, 92 Stat. 1055, 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 work- week; and ‘‘(2) part-time permanent employment— ‘‘(A) provides older individuals with a gradual transition into retirement; ‘‘(B) provides employment opportunities to handi- capped 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 re- quirements, and filling shortages in various occupa- tions; and ‘‘(F) benefits society by offering a needed alter- native for those individuals who require or prefer shorter hours (despite the reduced income), thus in- creasing 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 sec- tion and sections 3407 and 8906 of this title] is to pro- vide increased part-time career employment opportuni- ties throughout the Federal Government.’’ § 3402. Establishment of part-time career employ- ment programs (a)(1) In order to promote part-time career em- ployment opportunities in all grade levels, the head of each agency, by regulation, shall estab- lish and maintain a program for part-time ca- reer employment within such agency. Such reg- ulations 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 con- nection with establishing or converting posi- 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.