
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3405]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
          CHAPTER 34--PART-TIME CAREER EMPLOYMENT OPPORTUNITIES
 
Sec. 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.

(Added Pub. L. 95-437, Sec. 3(a), Oct. 10, 1978, 92 Stat. 1057, 
Sec. 3395; renumbered Sec. 3405 and amended Pub. L. 95-454, title IX, 
Sec. 906(c)(1)(B), (2)(C), Oct. 13, 1978, 92 Stat. 1226, 1227; Pub. L. 
101-509, title V, Sec. 529 [title I, Sec. 101(b)(9)(D)], Nov. 5, 1990, 
104 Stat. 1427, 1441.)

                       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, Sec. 906(c)(1)(B), renumbered section 3395 of 
this title as this section.
    Subsecs. (a), (b). Pub. L. 95-454, Sec. 906(c)(2)(C), substituted 
``chapter'' for ``subchapter'' wherever appearing.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


                    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.
