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needs of the Government provide appropriate informational services and otherwise encourage career appointees to take advantage of any opportunities relating to

(A) sabbaticals;

(B) training; or

(C) details or other temporary assignments in other agencies, State or local governments, or the private sector.

§ 3397. Regulations

The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.

Sec.

3401.

3402.

3403.

3404.

3405.

3406.

[3407.

3408.

CHAPTER 34—PART-TIME CAREER EMPLOYMENT

Definitions.

OPPORTUNITIES

Establishment of part-time career employment programs.

Limitations.

Personnel ceilings.

Nonapplicability.

Regulations.

Repealed.]

Employee organization representation.

§3401. Definitions

For the purpose of this chapter-
(1) "agency" means-

(Ă) 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 Islands Corporation;

(v) the Federal Bureau of Investigation, Department of Justice;

(vi) the Central Intelligence Agency; and

(vii) the National Security Agency, Department 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 established to allow jobsharing or comparable arrangements, but does not include employment on a temporary or intermittent basis.

§3402. 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 3403 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 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.

§ 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.

§ 3404. Personnel ceilings

In administering any personnel ceiling applicable to an agency (or unit therein), an employee employed by such agency on a parttime 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.

§3405. Nonapplicability

(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. § 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 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 chapter.

[§ 3407. Repealed. Pub. L. 104-66, § 3001(a)(1), Dec. 21, 1995, 109 Stat. 733.]

§ 3408. 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.

CHAPTER 35-RETENTION PREFERENCE,
RESTORATION, AND REEMPLOYMENT

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3504.

Transfer of functions.

Preference eligibles; retention; physical qualifications; waiver.

[3551. Repealed.]

3571.

3581.

3582.

3583.

3584.

3591.

3592.

3593.

3594.

3595.

[SUBCHAPTER II—REPEALED]

SUBCHAPTER III-REINSTATEMENT OR RESTORATION AFTER
SUSPENSION OR REMOVAL FOR NATIONAL SECURITY

Reinstatement or restoration; individuals suspended or removed for na-
tional security.

SUBCHAPTER IV-REEMPLOYMENT AFTER SERVICE WITH AN

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SUBCHAPTER V-REMOVAL, REINSTATEMENT, AND GUARANTEED
PLACEMENT IN THE SENIOR EXECUTIVE SERVICE

Definitions.

Removal from the Senior Executive Service.
Reinstatement in the Senior Executive Service.

Guaranteed placement in other personnel systems.
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 appointment in the Foreign Service.

SUBCHAPTER I-RETENTION PREFERENCE

§ 3501. Definitions; application

(a) For the purpose of this subchapter, except section 3504— (1) "active service" has the meaning given it by section 101 of title 37;

(2) "a retired member of a uniformed service" means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and

(3) a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if

(A) his retirement was based on disability

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