
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: 5USC6101]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                        CHAPTER 61--HOURS OF WORK
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 6101. Basic 40-hour workweek; work schedules; regulations

    (a)(1) For the purpose of this subsection, ``employee'' includes an 
employee of the government of the District of Columbia and an employee 
whose pay is fixed and adjusted from time to time under section 5343 or 
5349 of this title, or by a wage board or similar administrative 
authority serving the same purpose, but does not include an employee or 
individual excluded from the definition of employee in section 5541(2) 
of this title, except as specifically provided under this paragraph.
    (2) The head of each Executive agency, military department, and of 
the government of the District of Columbia shall--
        (A) establish a basic administrative workweek of 40 hours for 
    each full-time employee in his organization; and
        (B) require that the hours of work within that workweek be 
    performed within a period of not more than 6 of any 7 consecutive 
    days.

    (3) Except when the head of an Executive agency, a military 
department, or of the government of the District of Columbia determines 
that his organization would be seriously handicapped in carrying out its 
functions or that costs would be substantially increased, he shall 
provide, with respect to each employee in his organization, that--
        (A) assignments to tours of duty are scheduled in advance over 
    periods of not less than 1 week
        (B) the basic 40-hour workweek is scheduled on 5 days, Monday 
    through Friday when possible, and the 2 days outside the basic 
    workweek are consecutive;
        (C) the working hours in each day in the basic workweek are the 
    same;
        (D) the basic nonovertime workday may not exceed 8 hours;
        (E) the occurrence of holidays may not affect the designation of 
    the basic workweek; and
        (F) breaks in working hours of more than 1 hour may not be 
    scheduled in a basic workday.

    (4) Notwithstanding paragraph (3) of this subsection, the head of an 
Executive agency, a military department, or of the government of the 
District of Columbia may establish special tours of duty, of not less 
than 40 hours, to enable employees to take courses in nearby colleges, 
universities, or other educational institutions that will equip them for 
more effective work in the agency. Premium pay may not be paid to an 
employee solely because his special tour of duty established under this 
paragraph results in his working on a day or at a time of day for which 
premium pay is otherwise authorized.
    (5) The Architect of the Capitol may apply this subsection to 
employees under the Office of the Architect of the Capitol or the 
Botanic Garden. The Librarian of Congress may apply this subsection to 
employees under the Library of Congress.
    (b)(1) For the purpose of this subsection, ``agency'' and 
``employee'' have the meanings given them by section 5541 of this title.
    (2) To the maximum extent practicable, the head of an agency shall 
schedule the time to be spent by an employee in a travel status away 
from his official duty station within the regularly scheduled workweek 
of the employee.
    (c) The Office of Personnel Management may prescribe regulations, 
subject to the approval of the President, necessary for the 
administration of this section insofar as this section affects employees 
in or under an Executive agency.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 514; Pub. L. 90-83, Sec. 1(43), 
Sept. 11, 1967, 81 Stat. 207; Pub. L. 92-392, Sec. 6, Aug. 19, 1972, 86 
Stat. 573; Pub. L. 94-183, Sec. 2(25), Dec. 31, 1975, 89 Stat. 1058; 
Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a), (b)...........  5 U.S.C. 944(a).              June 30, 1945, ch.
                                                    212, Sec.  604(a),
                                                    59 Stat. 303.
                                                   Sept. 1, 1954, ch.
                                                    1208, Sec.  210, 68
                                                    Stat. 1112.
(c)................  5 U.S.C. 944(d) (less last    June 30, 1945, ch.
                      27 words).                    212, Sec.  604(e)
                                                    (less last 27
                                                    words), 59 Stat.
                                                    304.
------------------------------------------------------------------------

    In subsection (a), the words ``in the departmental and the field 
services'' are omitted as unnecessary.
    In subsections (a) and (b), the words ``an Executive agency, a 
military department'' are coextensive with and substituted for ``the 
several departments and independent establishments and agencies in the 
executive branch, including Government-owned or controlled 
corporations'' and ``such department, establishment, or agency'' in view 
of the definitions in sections 105 and 102. The words ``a military 
department'' are included to preserve the application of the source law. 
Before enactment of the National Security Act Amendments of 1949 (63 
Stat. 578), the Department of the Army, the Department of the Navy, and 
the Department of the Air Force were Executive departments. The National 
Security Act Amendments of 1949 established the Department of Defense as 
an Executive Department including the Department of the Army, the 
Department of the Navy, and the Department of the Air Force as military 
departments, not as Executive departments. However, the source law for 
this section which was in effect in 1949, remained applicable to the 
Secretaries of the military departments by virtue of section 12(g) of 
the National Security Act Amendments of 1949 (63 Stat. 591), which is 
set out in the reviser's note for section 301.
    Subsection (d) is added on authority of former sections 901(d) and 
2358(a) (as applicable to the Federal Employees Pay Act of 1945, as 
amended) which are carried into section 5541, and to include individuals 
employed by the government of the District of Columbia as they are not 
included in the definition of ``employee'' in section 2105.
    Subsection (e) is added on authority of former section 945, which is 
carried into section 5548. The words ``an Executive agency'' are 
substituted for ``the executive branch of the Government'' to conform to 
the definition in section 105. Applicability of this section to 
employees of the General Accounting Office is based on former section 
933a.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
6101(a) (1)-(3),     5:6101(a)-(d).                [None.]
 (5).
6101(a)(4).........  5 App.: 944(a)(3).            June 29, 1966, Pub.
                                                    L. 89-478, 80 Stat.
                                                    231.
6101(b)............  5 App.: 912b (last            Oct. 29, 1965, Pub.
                      sentence).                    L. 89-301, Sec.  16,
                                                    79 Stat. 1123.
6101(c)............  5:6101(e).                    [None.]
------------------------------------------------------------------------

    In subsection (a)(4), the words ``without regard to the requirements 
of such paragraph'' are omitted as redundant in view of the words 
``notwithstanding paragraph (3) of this subsection'' at the beginning 
thereof. The words ``an Executive agency, a military department'' are 
coextensive with and substituted for ``each such department, 
establishment, or agency'' and to conform to subsections (a)(2) and 
(a)(3). The words ``officers'' and ``officer'' are omitted as included 
in ``employees'' and ``employee''. The word ``pay'' is substituted for 
``compensation'' to conform to the style of title 5, United States Code.
    Subsection (b)(1) is added on authority of former sections 901 and 
902 of title 5, which are now codified in 5 U.S.C. 5541.
    In subsection (b)(2), the words ``head of an agency'' are 
substituted for ``head of any department, independent establishment, or 
agency, including Government-owned or controlled corporations, or of the 
municipal government of the District of Columbia, or the head of any 
legislative or judicial agency to which this title applies'' to conform 
to the definition of ``agency'' in 5 U.S.C. 5541, which is made 
applicable to this subsection by subsection (b)(1). The word ``officer'' 
is omitted as included in ``employee''.


                               Amendments

    1978--Subsec. (c). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.
    1975--Subsec. (a)(4). Pub. L. 94-183 substituted ``educational'' for 
``education''.
    1972--Subsec. (a)(1). Pub. L. 92-392 defined ``employee'' to include 
an employee whose pay is fixed and adjusted from time to time under 
section 5343 or 5349 of this title or by a wage board or similar 
administrative authority serving the same purpose and exclude certain 
employees ``except as specifically provided under this paragraph''.


                   Termination Date of 1982 Amendment

    Pub. L. 97-221, Sec. 5, July 23, 1982, 96 Stat. 234, as amended by 
Pub. L. 99-69, July 22, 1985, 99 Stat. 167; Pub. L. 99-109, Sept. 30, 
1985, 99 Stat. 482; Pub. L. 99-140, Oct. 31, 1985, 99 Stat. 563, which 
had provided that enactment of subchapter II of this chapter, amendment 
of sections 3401 and 6106 of this title, and enactment of provisions set 
out as notes under sections 6101 and 6106 of this title, should not be 
in effect after Dec. 31, 1985, was repealed by Pub. L. 99-190, Sec. 140, 
Dec. 19, 1985, 99 Stat. 1324, and also by Pub. L. 99-196, Dec. 23, 1985, 
99 Stat. 1350.


                    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.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-392 effective on first day of first 
applicable pay period beginning on or after 90th day after Aug. 19, 
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date 
note under section 5341 of this title.


                      Short Title of 1982 Amendment

    Pub. L. 97-221, Sec. 1, July 23, 1982, 96 Stat. 227, provided: 
``That this Act [enacting subchapter II of this chapter, amending 
sections 3401 and 6106 of this title, and enacting provisions set out as 
notes under this section and section 6106 of this title] may be cited as 
the `Federal Employees Flexible and Compressed Work Schedules Act of 
1982'.''

                         Delegation of Functions

    Functions vested in Office of Personnel Management under this 
section insofar as it affects officers and employees in or under the 
executive branch of the government to be performed without approval of 
President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 
F.R. 7739, set out as a note under section 301 of Title 3, The 
President.


        Federal Employees Flexible and Compressed Work Schedules

    Pub. L. 95-390, Secs. 1-306, Sept. 29, 1978, 92 Stat. 755-762, as 
amended by Pub. L. 97-160, Mar. 26, 1982, 96 Stat. 21, provided that:


                              ``short title

    ``Section 1. This Act [enacting section 5550a of this title and this 
note] may be cited as the `Federal Employees Flexible and Compressed 
Work Schedules Act of 1978'.


                        ``congressional findings

    ``Sec. 2. The Congress finds that new trends in the usage of 4-day 
workweeks, flexible work hours, and other variations in workday and 
workweek schedules in the private sector appear to show sufficient 
promise to warrant carefully designed, controlled, and evaluated 
experimentation by Federal agencies to determine whether and in what 
situations such varied work schedules can be successfully used by 
Federal agencies on a permanent basis. The Congress also finds that 
there should be sufficient flexibility in the work schedules of Federal 
employees to allow such employees to meet the obligations of their 
faith.


                              ``definitions

    ``Sec. 3. For purposes of this Act (other than title IV) [this 
note]--
        ``(1) the term `agency' means an Executive agency and a military 
    department (as such terms are defined in sections 105 and 102, 
    respectively, of title 5, United States Code);
        ``(2) the term `employ' has the meaning given it by section 2105 
    of title 5, United States Code;
        ``(3) the term `Commission' means the United States Civil 
    Service Commission; and
        ``(4) the term `basic work requirement' means the number of 
    hours, excluding overtime hours, which an employee is required to 
    work or is required to account for by leave or otherwise.


                         ``experimental programs

    ``Sec. 4. (a)(1) Within 180 days after the effective date of this 
section, and subject to the requirements of section 302 and the terms of 
any written agreement referred to in section 302(a), the Commission 
shall establish a program which provides for the conducting of 
experiments by the Commission under titles I and II of this Act. Such 
experimental program shall cover a sufficient number of positions 
throughout the executive branch, and a sufficient range of worktime 
alternatives, as to provide an adequate basis on which to evaluate the 
effectiveness and desirability of permanently maintaining flexible or 
compressed work schedules within the executive branch.
    ``(2) Each agency may conduct one or more experiments under titles I 
and II of this Act. Such experiments shall be subject to such 
regulations as the Commission may prescribe under section 305 of this 
Act.
    ``(b) The Commission shall, not later than 90 days after the 
effective date of this section, establish a master plan which shall 
contain guidelines and criteria by which the Commission will study and 
evaluate experiments conducted under titles I and II of this Act. Such 
master plan shall provide for the study and evaluation of experiments 
within a sample of organizations of different size, geographic location, 
and functions and activities, sufficient to insure adequate evaluation 
of the impact of varied work schedules on--
        ``(1) the efficiency of Government operations;
        ``(2) mass transit facilities and traffic;
        ``(3) levels of energy consumption;
        ``(4) service to the public;
        ``(5) increased opportunities for full-time and part-time 
    employment; and
        ``(6) individuals and families generally.
    ``(c) The Commission shall provide educational material, and 
technical aids and assistance, for use by an agency before and during 
the period such agency is conducting experiments under this Act 
[enacting section 5550a of this title and this note].
    ``(d) If the head of an agency determines that the implementation of 
an experimental program referred to in subsection (a) would 
substantially disrupt the agency in carrying out its functions, such 
agency head shall request the Commission to exempt such agency from the 
requirements of any experiment conducted by the Commission under 
subsection (a). Such request shall be accompanied by a report detailing 
the reasons for such determination. The Commission shall exempt an 
agency from such requirements only if it finds that including the agency 
within the experiment would not be in the best interest of the public, 
the Government, or the employees. The filing of such a request with the 
Commission shall exclude the agency from the experiment until the 
Commission has made its determination or until 180 days after the date 
the request is filed, whichever first occurs.

          ``TITLE I--FLEXIBLE SCHEDULING OF WORK HOURS


                              ``definitions

    ``Sec. 101. For purposes of this title--
        ``(1) the term `credit hours' means any hours, within a flexible 
    schedule established under this title, which are in excess of an 
    employee's basic work requirement and which the employee elects to 
    work so as to vary the length of a workweek or a workday; and
        ``(2) the term `overtime hours' means all hours in excess of 8 
    hours in a day or 40 hours in a week which are officially ordered in 
    advance, but does not include credit hours.


                    ``flexible scheduling experiments

    ``Sec. 102. (a) Notwithstanding section 6101 of title 5, United 
States Code, experiments may be conducted in agenices [agencies] to test 
flexible schedules which include--
        ``(1) designated hours and days during which an employee on such 
    a schedule must be present for work; and
        ``(2) designated hours during which an employee on such a 
    schedule may elect the time of such employee's arrival at and 
    departure from work, solely for such purpose or, if and to the 
    extent permitted, for the purpose of accumulating credit hours to 
    reduce the length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be subject 
to limitations generally prescribed to ensure that the duties and 
requirements of the employee's position are fulfilled.
    ``(b) Notwithstanding any other provision of this Act [enacting 
section 5550a of this title and this note], but subject to the terms of 
any written agreement under section 302(a)--
        ``(1) any experiment under subsection (a) of this section may be 
    terminated by the Commission if it determines that the experiment is 
    not in the best interest of the public, the Government, or the 
    employees; or
        ``(2) if the head of an agency determines that any organization 
    within the agency which is participating in an experiment under 
    subsection (a) is being substantially disrupted in carrying out its 
    functions or is incurring additional costs because of such 
    participation, such agency head may--
            ``(A) restrict the employees' choice of arrival and 
        departure time,
            ``(B) restrict the use of credit hours, or
            ``(C) exclude from such experiment any employee or group of 
        employees.
    ``(c) Experiments under subsection (a) shall terminate not later 
than the first day of the second pay period beginning after July 4, 
1982.


                      ``computation of premium pay

    ``Sec. 103. (a) For purposes of determining compensation for 
overtime hours in the case of an employee participating in an experiment 
under section 102--
        ``(1) the head of an agency may, on request of the employee, 
    grant the employee compensatory time off in lieu of payment for such 
    overtime hours, whether or not irregular or occasional in nature and 
    notwithstanding the provisions of sections 5542(a), 5543(a)(1), 
    5544(a), and 5550 of title 5, United States Code, section 4107(e)(5) 
    of title 38, United States Code section 7 of the Fair Labor 
    Standards Act, as amended [section 207 of Title 29, Labor], or any 
    other provision of law; or
        ``(2) the employee shall be compensated for such overtime hours 
    in accordance with such provisions, as applicable.
    ``(b) Notwithstanding the provisions of law referred to in paragraph 
(1) of subsection (a), an employee shall not be entitled to be 
compensated for credit hours worked except to the extent authorized 
under section 106 or to the extent such employee is allowed to have such 
hours taken into account with respect to the employee's basic work 
requirement.
    ``(c)(1) Notwithstanding section 5545(a) of title 5, United States 
Code, premium pay for nightwork will not be paid to an employee 
otherwise subject to such section solely because the employee elects to 
work credit hours, or elects a time of arrival or departure, at a time 
of day from which such premium pay is otherwise authorized; except 
that--
        ``(A) if an employee is on a flexible schedule under which--
            ``(i) the number of hours during which such employee must be 
        present for work, plus
            ``(ii) the number of hours during which such employee may 
        elect to work credit hours or elect the time of arrival at and 
        departure from work,
    which occur outside of the night work hours designated in or under 
    such section 5545(a) total less than 8 hours, such premium pay shall 
    be paid for those hours which, when combined with such total, do not 
    exceed 8 hours, and
        ``(B) if an employee is on a flexible schedule under which the 
    hours that such employee must be present for work include any hours 
    designated in or under such section 5545(a), such premium pay shall 
    be paid for such hours so designated.
    ``(2) Notwithstanding section 5343(f) of title 5, United States 
Code, and 4107(e)(2) of title 38, United States Code, night differential 
will not be paid to any employee otherwise subject to either of such 
sections solely because such employee elects to work credit hours, or 
elects a time of arrival or departure, at a time of day for which night 
differential is otherwise authorized; except that such differential 
shall be paid to an employee on a flexible schedule under this title--
        ``(A) in the case of an employee subject to such section 
    5343(f), for which all or a majority of the hours of such schedule 
    for any day fall between the hours specified in such section, or
        ``(B) in the case of an employee subject to such section 
    4107(e)(2), for which 4 hours of such schedule fall between the 
    hours specified in such section.


                               ``holidays

    ``Sec. 104. Notwithstanding sections 6103 and 6104 of title 5, 
United States Code, if any employee on a flexible schedule under this 
title is relieved or prevented from working on a day designated as a 
holiday by Federal statute or Executive order, such employee is entitled 
to pay with respect to that day for 8 hours (or, in the case of a part-
time employee, an appropriate portion of the employee's biweekly basic 
work requirement as determined under regulations prescribed by the 
Commission).


                        ``time-recording devices

    ``Sec. 105. Notwithstanding section 6106 of title 5, United States 
Code, the Commission or an agency may use recording clocks as part of 
its experiments under this title.


              ``credit hours; accumulation and compensation

    ``Sec. 106. (a) Subject to any limitation prescribed by the 
Commission or the agency, a full-time employee on a flexible schedule 
can accumulate not more than 10 credit hours, and a part-time employee 
can accumulate not more than one-eighth of the hours in such employee's 
biweekly basic work requirement, for carryover from a biweekly pay 
period to a succeeding biweekly pay period for credit to the basic work 
requirement for such period.
    ``(b) Any employee who is on a flexible schedule experiment under 
this title and who is no longer subject to such an experiment shall be 
paid at such employee's then current rate of basic pay for--
        ``(1) in the case of a full-time employee, not more than 10 
    credit hours accumulated by such employee, or
        ``(2) in the case of a part-time employee, the number of credit 
    hours (not in excess of one-eighth of the hours in such employee's 
    biweekly basic work requirement) accumulated by such employee.

   ``TITLE II--4-DAY WEEK AND OTHER COMPRESSED WORK SCHEDULES


                              ``definitions

    ``Sec. 201. For purposes of this title--
        ``(1) the term `compressed schedule' means--
            ``(A) in the case of a full-time employee, an 80-hour 
        biweekly basic work requirement which is scheduled for less than 
        10 workdays, and
            ``(B) in the case of a part-time employee, a biweekly basic 
        work requirement of less than 80 hours which is scheduled for 
        less than 10 workdays; and
        ``(2) the term `overtime hours' means any hours in excess of 
    those specified hours which constitute the compressed schedule.


                    ``compressed schedule experiments

    ``Sec. 202. (a) Notwithstanding section 6101 of title 5, United 
States Code, experiments may be conducted in agencies to test a 4-day 
work-week or other compressed schedule.
    ``(b)(1) An employee in a unit with respect to which an organization 
of Government employees has not been accorded exclusive recognition 
shall not be required to participate in any experiment under subsection 
(a) unless a majority of the employees in such unit who, but for this 
paragraph, would be included in such experiment have voted to be so 
included.
    ``(2) Upon written request to any agency by an employee, the agency, 
if it determines that participation in an experiment under subsection 
(a) would impose a personal hardship on such employee, shall--
        ``(A) except such employee from such experiment; or
        ``(B) reassign such employee to the first position within the 
    agency--
            ``(i) which becomes vacant after such determination,
            ``(ii) which is not included within such experiment,
            ``(iii) for which such employee is qualified, and
            ``(iv) which is acceptable to the employee.
A determination by an agency under this paragraph shall be made not 
later than 10 days after the day on which a written request for such 
determination is received by the agency.
    ``(c) Notwithstanding any other provision of this Act [enacting 
section 5550a of this title and this note], but subject to the terms of 
any written agreement under section 302(a), any experiment under 
subsection (a) may be terminated by the Commission, or the agency, if it 
determines that the experiment is not in the best interest of the 
public, the Government, or the employees.
    ``(d) Experiments under subsection (a) shall terminate not later 
than the end of the first day of the second pay period beginning after 
July 4, 1982.


                      ``computation of premium pay

    ``Sec. 203. (a) The provisions of sections 5542(a), 5544(a), and 
5550(2) of title 5, United States Code, section 4107(e)(5) of title 38, 
United States Code, section 7 of the Fair Labor Standards Act, as 
amended [section 207 of Title 29, Labor], or any other law, which relate 
to premium pay for overtime work, shall not apply to the hours which 
constitute a compressed schedule.
    ``(b) In the case of any full-time employee, hours worked in excess 
of the compressed schedule shall be overtime hours and shall be paid for 
as provided by whichever statutory provisions referred to in subsection 
(a) are applicable to the employee. In the case of any part-time 
employee on a compressed schedule, overtime pay shall begin to be paid 
after the same number of hours of work after which a full-time employee 
on a similar schedule would begin to receive overtime pay.
    ``(c) Notwithstanding section 5544(a), 5546(a), or 5550(1) of title 
5, United States Code, or any other applicable provision of law, in the 
case of any full-time employee on a compressed schedule who performs 
work (other than overtime work) on a tour of duty for any workday a part 
of which is performed on a Sunday, such employee is entitled to pay for 
work performed during the entire tour of duty at the rate of such 
employee's basic pay, plus premium pay at a rate equal to 25 percent of 
such basic pay rate.
    ``(d) Notwithstanding section 5546(b) of title 5, United States 
Code, an employee on a compressed schedule who performs work on a 
holiday designated by Federal statute or Executive order is entitled to 
pay at the rate of such employee's basic pay, plus premium pay at a rate 
equal to such basic pay rate, for such work which is not in excess of 
the basic work requirement of such employee for such day. For hours 
worked on such a holiday in excess of the basic work requirement for 
such day, the employee is entitled to premium pay in accordance with the 
provisions of section 5542(a) or 5544(a) of title 5, United States Code, 
as applicable, or the provisions of section 7 of the Fair Labor 
Standards Act, as amended [section 207 of Title 29, Labor], whichever 
provisions are more beneficial to the employee.

             ``TITLE III--ADMINISTRATIVE PROVISIONS


           ``administration of leave and retirement provisions

    ``Sec. 301. For purposes of administering sections 6303(a), 6304, 
6307(a) and (c), 6323, 6326, and 8339(m) of title 5, United States Code, 
in the case of an employee who is in any experiment under title I or II, 
references to a day or workday (or to multiples or parts thereof) 
contained in such sections shall be considered to be references to 8 
hours (or to the respective multiples or parts thereof).


    ``application of experiments in the case of negotiated contracts

    ``Sec. 302. (a) Employees within a unit with respect to which an 
organization of Government employees has been accorded exclusive 
recognition shall not be included within any experiment under title I or 
II of this Act except to the extent expressly provided under a written 
agreement between the agency and such organization.
    ``(b) The Commission or an agency may not participate in a flexible 
or compressed schedule experiment under a negotiated contract which 
contains premium pay provisions which are inconsistent with the 
provisions of section 103 or 203 of this Act, as applicable.


                        ``prohibition of coercion

    ``Sec. 303. (a) An employee may not directly or indirectly 
intimidate, threaten, or coerce, or attempt to intimidate, threaten, or 
coerce, any other employee for the purpose of interfering with--
        ``(1) such employee's rights under title I to elect a time of 
    arrival or departure, to work or not to work credit hours, or to 
    request or not to request compensatory time off in lieu of payment 
    for overtime hours; or
        ``(2) such employee's right under section 202(b)(1) to vote 
    whether or not to be included within a compressed schedule 
    experiment or such employee's right to request an agency 
    determination under section 202(b)(2).
For the purpose of the preceding sentence, the term `intimidate, 
threaten, or coerce' includes, but is not limited to, promising to 
confer or conferring any benefit (such as appointment, promotion, or 
compensation), or effecting or threatening to effect any reprisal (such 
as deprivation of appointment, promotion, or compensation).
    ``(b) Any employee who violates the provisions of subsection (a) 
shall, upon a final order of the Commission, be--
        ``(1) removed from such employee's position, in which event that 
    employee may not thereafter hold any position as an employee for 
    such period as the Commission may prescribe;
        ``(2) suspended without pay from such employee's position for 
    such period as the Commission may prescribe; or
        ``(3) disciplined in such other manner as the Commission shall 
    deem appropriate.
The commission shall prescribe procedures to carry out this subsection 
under which an employee subject to removal, suspension, or other 
disciplinary action shall have rights comparable to the rights afforded 
an employee subject to removal or suspension under subchapter III of 
chapter 73 of title 5, United States Code, relating to certain 
prohibited political activities.


                                ``reports

    ``Sec. 304. Not later than 2\1/2\ years after the effective date of 
titles I and II of this Act, the Commission shall--
        ``(1) prepare an interim report containing recommendations as to 
    what, if any, legislative or administrative action shall be taken 
    based upon the results of experiments conducted under this Act 
    [enacting section 5550a of this title and this note], and
        ``(2) submit copies of such report to the President, the Speaker 
    of the House, and the President pro tempore of the Senate.
The Commission shall prepare a final report with regard to experiments 
conducted under this Act [enacting section 5550a of this title and this 
note] and shall submit copies of such report to the President, the 
Speaker of the House, and the President pro tempore of the Senate not 
later than 3 years after such effective date.


                              ``regulations

    ``Sec. 305. The Commission shall prescribe regulations necessary for 
the administration of the foregoing provisions of this Act [enacting 
section 5550a of this title and this note].


                            ``effective date

    ``Sec. 306. The provisions of section 4 and titles I and II of this 
Act shall take effect on the 180th day after--
        ``(1) the date of the enactment of this Act [Sept. 29, 1978], or
        ``(2) October 1, 1978,
whichever date is later.''


                   Savings Provisions; 1982 Amendment

    Pub. L. 97-221, Sec. 4, July 23, 1982, 96 Stat. 234, provided that:
    ``(a) Except as provided in subsection (b), each flexible or 
compressed work schedule established by any agency under the Federal 
Employees Flexible and Compressed Work Schedules Act of 1978 (5 U.S.C. 
6101 note) in existence on the date of enactment of this Act [July 23, 
1982] shall be continued by the agency concerned.
    ``(b)(1) During the 90-day period after the date of the enactment of 
this Act [July 23, 1982] any flexible or compressed work schedule 
referred to in subsection (a) may be reviewed by the agency concerned. 
If, in reviewing the schedule, the agency determines in writing that--
        ``(A) the schedule has reduced the productivity of the agency or 
    the level of services to the public, or has increased the cost of 
    the agency operations, and
        ``(B) termination of the schedule will not result in an increase 
    in the cost of the agency operations (other than a reasonable 
    administrative cost relating to the process of terminating a 
    schedule),
the agency shall, notwithstanding any provision of a negotiated 
agreement, immediately terminate such schedule and such termination 
shall not be subject to negotiation or to administrative review (except 
as the President may provide) or to judicial review.
    ``(2) If a schedule established pursuant to a negotiated agreement 
is terminated under paragraph (1), either the agency or the exclusive 
representative concerned may, by written notice to the other party 
within 90 days after the date of such termination, initiate collective 
bargaining pertaining to the establishment of another flexible or 
compressed work schedule under subchapter II of chapter 61 of title 5, 
United States Code, which would be effective for the unexpired portion 
of the term of the negotiated agreement.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5504, 6122, 6127 of this 
title; title 10 sections 4338, 6952, 9338; title 32 section 709; title 
40 sections 166b-1d, 166b-1e.
