§ 3401. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–437 § 3(a) · 92 Stat. 1055

   Enacted · 5 U.S.C. § 3401

   Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, § 3391

   Source evidence

   Code source credit
   Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, § 3391

   Enacted provision · exact public law section
   (a) Chapter 33 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: “SUBCHAPTER VIII— PART-TIME CAREER EMPLOYMENT OPPORTUNITIES “§3391. Definitions “For the purpose of this subchapter— “(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 Capitol; but does not include— “(i) a Government controlled corporation; “(ii) the Tennessee Valley Authority; “(iii) the Alaska Railroad; “(iv) the Virgin Island Corporation; “(v) the Panama Canal Company; “(vi) the Federal Bureau of Investigation, Department of Justice; “(vii) the Central Intelligence Agency; and “(viii) the National Security Agency, Department of Defense; and “(2) ‘part-time career employment’ means part-time employment of 16 to 32 hours a week 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 established to allow job-sharing or comparable arrangements, but does not include employment on a temporary or intermittent basis. “§3392. 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 3393 of this title; “(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 Civil Service Commission, by regulation, shall establish Regulations 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 subchapter. “(2) The Commission shall conduct a research and demonstration Research and demonstration program. 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. “§3393. 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. “§3394. Personnel ceilings “In administering any personnel ceiling applicable to an agency (or unit therein), an employee 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 date. effective on October 1, 1980. “§3395. Nonapplicability “(a) If, on the date of enactment of this subchapter, 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 subchapter shall not apply to those positions. “(b) This subchapter 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 fixed for GS–16 of the General Schedule. 5 USC 5332 note. “§3396. Regulations “Before any regulation is prescribed under this subchapter, a copy Publication in Federal Register. of the proposed regulation shall be published in the Federal Register and an opportunity provided to interested parties to present written comment and, where practicable, oral comment. Initial regulations shall be prescribed not later than 180 days after the date of the enactment of this subchapter. “§3397. Reports “(a) Each agency shall prepare and transmit on a biannual basis a report to the Civil Service Commission on its activities under this subchapter, including— “(1) details on such agency’s progress in meeting part-time career employment goals established under section 3392 of this title; and “(2) an explanation of any impediments experienced by such agency in meeting such goals or in otherwise carrying out the provisions of this subchapter, together with a statement of the measures taken to overcome such impediments. “(b) The Commission shall include in its annual report under section 1308 of this title a statement of its activities under this subchapter, and a description and evaluation of the activities of agencies in carrying out the provisions of this subchapter. “§3398. Employee organization representation “If an employee organization has been accorded exclusive recognition with respect to a unit within an agency, then the employee organization shall be entitled to represent all employees within that unit employed on a part-time career employment basis.”. (b) Subpart B of the table of chapters of part III of the analysis of chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3385 the following: “SUBCHAPTER VII— PART-TIME CAREER EMPLOYMENT OPPORTUNITIES “Sec. “3391. Definitions. “3392. Establishment of part-time career employment programs. “3393. Limitations. “3394. Personnel ceilings. “3395. Nonapplicability. “3396. Regulations. “3397. Reports. “3398. Employee organization representation.”.

2. 1978

   Pub. L. 95–454 § 906(c)(1)(B) · 92 Stat. 1111

   Changed · 5 U.S.C. § 3401

   Pub. L. 95–454, § 906(c)(1)(B), renumbered section 3391 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 95–454, § 906(c)(1)(B), renumbered section 3391 of this title as this section.

   Enacted provision · exact public law section
   (1) Subchapter VIII of chapter 33 of title 5, United States Code Ante, p. 1161. (as in effect immediately before the date of the enactment of this Act) is amended— (A) by striking out the subchapter heading and inserting in lieu thereof the following:

3. 1978

   Pub. L. 95–454 § 906(c)(2)(A) · 92 Stat. 1111

   Substituted · 5 U.S.C. § 3401

   Pub. L. 95–454, § 906(c)(2)(A), substituted “chapter” for “subchapter”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 95–454, § 906(c)(2)(A), substituted “chapter” for “subchapter”.

   Enacted provision · exact public law section
   (A) Section 3401 of such title 5 (as redesignated by this section) is amended by striking out “subchapter” and inserting in lieu thereof “chapter”.

4. 1982

   Federal Employees Flexible and Compressed Work Schedules Act of 1982

   Pub. L. 97–221 § 3 · 96 Stat. 227

   Inserted · 5 U.S.C. § 3401(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 3. Section 3401(2) of title 5, United States Code, is amended by inserting “(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”.

5. 1983

   Alaska Railroad Transfer Act of 1982

   Pub. L. 97–468 title VI § 615(b)(1)(B) · 96 Stat. 2543

   1. Struck · 5 U.S.C. § 3401(1)(iii)(viii)

      Pub. L. 97–468 struck out cl. (iii) which excluded the Alaska Railroad

   2. Redesignated · 5 U.S.C. § 3401(1)(iii)(viii)

      Pub. L. 97–468 redesignated cls. (iv) to (viii) as (iii) to (vii), respectively

   Source evidence

   Code amendment note
   Par. (1)(iii) to (viii). Pub. L. 97–468 struck out cl. (iii) which excluded the Alaska Railroad, and redesignated cls. (iv) to (viii) as (iii) to (vii), respectively.

   Enacted provision · exact public law section
   (B) in section 3401(1), by striking clause (iii), and by redesignating clauses (iv)–(viii) as clauses (iii)–(vii), respectively;

   Effective date note
   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 section 615(b) of Pub. L. 97–468.

6. 1992

   Technical and Miscellaneous Civil Service Amendments Act of 1992

   Pub. L. 102–378 § 2(15) · 106 Stat. 1346

   Substituted · 5 U.S.C. § 3401(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 substitution in cl. (iii) to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   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 substitution in cl. (iii) to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (15) in section 3401(1)(iv) by striking “Virgin Island” and inserting “Virgin Islands”;

7. 1996

   Panama Canal Act Amendments of 1996

   Pub. L. 104–201 div. C title XXXV § 3548(a)(1) · 110 Stat. 2422

   1. Struck · 5 U.S.C. § 3401(1)

      Pub. L. 104–201, which directed amendment of par. (1) by striking cl. (v)

   2. Redesignated · 5 U.S.C. § 3401(1)

      Pub. L. 104–201, which directed amendment of par. (1) by redesignating cls. (vi), (vii), and (viii) as (v), (vi), and (vii), respectively, was executed by striking cl. (iv), relating to the Panama Canal Company

   3. Redesignated · 5 U.S.C. § 3401(1)

      Pub. L. 104–201, which directed amendment of par. (1) by 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

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 104–201, which directed amendment 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 Panama 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.

   Enacted provision · exact public law section
   (1) Section 3401(1) is amended— (A) by striking out clause (v); and (B) by redesignating clauses (vi), (vii), and (viii) as clauses (v), (vi), and (vii), respectively.

10 of 10 references resolved to an enrolled provision