Federal Employees Part-Time Career Employment Act
PL 95-437 (H.R.10126), enacted 10/10/1978

PUBLIC LAW 95-437—OCT. 10, 1978 
92 STAT. 1055 
Public Law 95-437 
95th Congress 
; 
An Act 
To amend title 5, United States Code, to establish a program to increase part-time 
Oct. 10, 1978 
career employment within the civil service. 
[H.R. 10126] 
Be it eTiacted hy the Senate and House of Representatives of the 
United States of America in Congress asserribled^ 
Federal 
Employees Part-
SHORT TITLE 
Time Career 
Employment Act 
SECTION 1. This Act may be cited as the "Federal Employees Part- c TICJ a'aoi 
Time Career Employment Act of 1978". 
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CONGRESSIONAL FINDINGS AND PURPOSE 
SEC. 2. (a) The Congress finds that— 
5 USC 3391 note. 
(1) many individuals in our society possess great productive 
potential which goes unused because they cannot meet the require-
ments of a standard workweek; and 
(2) part-time permanent employment— 
(A) provides older individuals with a gradual transition 
'ih::. 
into retirement; 
(B) provides employment opportunities to handicapped 
individuals or others who require a reduced workweek; 
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(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 requirements, and filling shortages in various 
occupations; and 
... 
(F) benefits society by offering a needed alternative for 
„ „ . . . / , 
those individuals who require or prefer shorter hours (despite 
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the reduced income), thus increasing jobs available to reduce 
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unemployment while retaining the skills of individuals who 
have training and experience, 
(b) The purpose of this Act is to provide increased part-time career 
employment opportunities throughout the Federal Government. 
92 STAT. 1056 
PUBLIC LAW 95-437—OCT. 10, 1978 
PART-TIME CAREER EMPLOTMENT PROGRAM 
SEC. 3. (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 
5 use 3391. 
''§3391. Definitions 
"For the purpose of this subchapter— 
"(1) 'agency'means— 
" (A) an Executive agency; 
-, r,. "(B) a military department; 
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"(C) an agency in the judicial branch; 
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"(D) the Library of Congress; 
"(E) the Botanic Garden; and 
"(F) the Office of the Architect of the Capitol; but does not 
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include— 
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"(i) a Government controlled corporation; ; 
"(ii) the Tennessee Valley Authority; 
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" (iii) the Alaska Railroad; 
" (iv) the Virgin Island Corporation; 
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; 
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"(v) the Panama Canal Company; 
"(vi) the Federal Bureau of Investigation, Department of 
i 
Justice; 
"(vii) the Central Intelligence Agency; and 
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"(viii) the National Security Agency, Department of 
Defense; and 
"(2) 'part-time career employment' means part-time employ-
ment 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. 
5 use 3392. 
"§ 3392. Establishment of part-time career employment programs 
Regulations. 
"(a) (1) In order to promote part-time career employment oppor-
tunities 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 estab-
lishing 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 notifj^ing the public of vacant part-time 
positions in such agency, utilizing facilities and funds otherwise 
available to such agency for the dissemination of information. 
PUBLIC LAW 95-437—OCT. 10, 1978 
92 STAT. 1057 
Research and 
demonstration 
program. 
"(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 
.5. 
employment program established within that agency. 
"(3) Kegulations 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 estab- Regulations 
lish and maintain a program under which it shall, on the request of an 
agency, advise and assist such agency in the establishment and main-
tenance of its part-time career employment program under this 
subchapter. 
"(2) The Commission shall conduct a research and demonstration 
program with respect to part-time careei- employment within the Fed-
eral Government. In particular, such program shall be directed to—• 
" (A) determining the extent to which part-time career employ-
ment 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 produc-
tivity 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 deter-
mined 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. 
5 use 3393. 
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§ 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. 
**§3396. Regulations 
"Before any regulation is prescribed under this subchapter, 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 
5 use 3394. 
Effective date. 
5 use 3395. 
5 use 5332 note. 
5 use 3396. 
Publication in 
Federal Register. 
92 STAT. 1058 
PUBLIC LAW 95-437—OCT. 10, 1978 
shall be prescribed not later than 180 days after the date of the enact-
ment of this subchapter. 
5 use 3397. 
«§ 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 sub-
chapter, 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 pro-
visions of this subchapter, together with a statement of the meas-
,'.'[ . ' 
ures 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. 
5 use 3398. 
«§ 3398. Employee organization representation 
"If an employee organization has been accorded exclusive recog-
nition with respect to a unit within an agency, then the employee orga-
nization 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 
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: ,. 
chapter 33 of title 5, United States Code, is amended by inserting after 
the item relating to section 3385 the following: 
<
v 
"SUBCHAPTER VII—PART-TIME CAREER EMPLOYMENT 
OPPORTUNITIES 
"Sec. 
"3391. Definitions. 
"3392. Establishment of part-time career employment programs. 
-t -^' 
"3393. Limitations. 
"3394. Personnel ceilings. 
"3395. Nonapplicability. 
"3396. Regulations. 
"3397. Reports. 
"3398. Employee organization representation.". 
.' •ill n-attM 
SEC. 4. (a) Section 8347 (g) of title 5, United States Code, is amended 
by adding at the end thereof the following: "However, the Commis-
sion may not exclude any employee who occupies a position on a part-
Ante, p. 1056. 
time career employment basis (as defined in section 3391(2) of this 
title).". 
(b) Section 8716 (b) of such title 5 is amended— 
(1) by striking out of the second sentence "or part-time"; 
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(2) by striking out "or" at the end of clause (1); 
(3) by striking out the period at the end of clause (2) and insert-
, 
ing in lieu thereof "; or"; and 
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(4) by adding at the end thereof the following: 
"(3) an employee who is occupying a position on a part-time 
career employment basis (as defined in section 3391(2) of this 
title).". 
M'• 
(c)(1) Section 8913(b) of such title 5 is amended— 
(A) by striking out "or" at the end of clause (1); 
(B) by striking out the period at the end of clause (2) and 
inserting in lieu thereof "; or"; and 
PUBLIC LAW 95-437—OCT. 10, 1978 
92 STAT. 1059 
(C) by adding at the end thereof the following: 
"
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"(3) an employee who is occupying a position on a part-time 
career employment basis (as defined in section 3391(2) of this Ante, p. 1056. 
title).". 
(2) (A) Section 8906 (b) of such title 5 is amended— 
(i) by striking out "paragraph (2)" in paragraph (1) and 
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inserting in lieu thereof "paragraphs (2) and (3)"; and 
i 
(ii) by adding at the end thereof the following new paragraph: 
" (3) In the case of an employee who is occupying a position on a 
part-time career employment basis (as defined in section 3391(2) 
of this title), thebiweekly Government contribution shall be equal 
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to the percentage which bears the same ratio to the percentage 
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determined under this subsection (without regard to this para-
graph) as the average number of hours of such employee's regu-
larly scheduled workweek bears to the average number of hours 
in the regularly scheduled workweek of an employee serving in a 
comparable position on a full-time career basis (as determined 
under regulations prescribed by the Commission)". 
(B) The amendments made by subparagraph (A) shall not apply 5 USC8906 note, 
with respect to any employee serving in a position on a part-time career 
employment basis on the date of the enactment of this Act for such 
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period as the employee continues to serve without a break in service 
m that or any other position on such part-time basis. 
SEC. 5. Each report prepared by an agency under section 3397(a) of Agency report, 
title 5, United States Code (as added by this A.ct), shall, to the extent 5 USC 3397 note, 
practicable, indicate the extent to which part-time career employment 
opportunities have been extended by such agency during the period 
covered by such report to each group referred to in subparagraphs (A), 
(B), (C), and (D) of section 2(a) (2) of this Act. 
Approved October 10, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-932 (Comm. on Post Office and Civil Service). 
SENATE REPORT No. 95-1116 accompanying S. 518 (Comm. on Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Mar. 13, considered and passed House. 
Aug. 25, considered and passed Senate, amended, in lieu of S. 518. 
Sept. 22, House concurred in Senate amendments with an amendment. 
Sept. 26, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 41: 
Oct. 10, Presidential statement.