Title 5Government Organization and EmployeesRelease 119-73

§3401 Definitions

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 34— - PART-TIME CAREER EMPLOYMENT OPPORTUNITIES › § 3401

Last updated Apr 6, 2026|Official source

Summary

Defines two terms used in the chapter. "Agency" means executive agencies, military departments, agencies in the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, but it does not include government‑controlled corporations, the Tennessee Valley Authority, the Virgin Islands Corporation, the Federal Bureau of Investigation (Department of Justice), the Central Intelligence Agency, or the National Security Agency (Department of Defense). "Part‑time career employment" means regular part‑time work of 16 to 32 hours a week (or 32 to 64 hours in a biweekly pay period for flexible or compressed schedules under subchapter II of chapter 61), and it does not include temporary or intermittent jobs.

Full Legal Text

Title 5, §3401

Government Organization and Employees — Source: USLM XML via OLRC

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 Capitol; 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, 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 job-sharing or comparable arrangements, but does not include employment on a temporary or intermittent basis.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—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. 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 substitution 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 redesignated 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 AmendmentAmendment 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.

Effective Date

of 1978 AmendmentAmendment 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 section 8347, 8716, 8906, and 8913 of this title, and enacting provisions set out as notes under this section and section 3407 and 8906 of this title] may be cited as the ‘Federal Employees 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 workweek; and “(2) part-time permanent employment—“(A) provides older individuals with a gradual transition into retirement; “(B) provides employment opportunities to handicapped 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 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 the reduced income), thus increasing 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 section 8347, 8716, 8906, and 8913 of this title, and enacting provisions set out as notes under this section and section 3407 and 8906 of this title] is to provide increased part-time career employment opportunities throughout the Federal Government.”

Reference

Citations & Metadata

Citation

5 U.S.C. § 3401

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73