PUBLIC LAW 97-221

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300070001-3
• Release Decision: RIFPUB
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• Document Page Count: 8
• Document Creation Date: December 20, 2016
• Document Release Date: August 23, 2007
• Sequence Number: 1
• Publication Date: July 23, 1982
• Content Type: OPEN SOURCE

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PUBLIC LAW 97-221-JULY 23, 1982 96 STAT. 227
Public Law 97-221
97th Congress
An Act
To amend title 5, United States Code, to provide permanent authorization for Federal July 23, 1982
agencies to use flexible and compressed employee work schedules. [S. 2240]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Federal Employees Flexible and Compressed Work
Schedules Act of 1982".
SEC. 2. (a) Chapter 61 of title 5, United States Code,'is amended
(1) by inserting before section 6101 the following:
"SUBCHAPTER I-GENERAL PROVISIONS";
and
(2) by adding at the end thereof the following new subchapter:
"SUBCHAPTER II-FLEXIBLE AND COMPRESSED WORK
SCHEDULES
"0 6120. Purpose
"The Congress finds that the use of flexible and compressed work
schedules has the potential to improve productivity in the Federal
Government and provide greater service to the public.
"0 6121. Definitions
"For purposes of this subchapter-
"(1) `agency' means any Executive ager.^y, any military
department, and the Library of Congress;
"(2) `employee' has the meaning given it by section 2105 of
this title;
"(3) `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;
"(4) `credit hours' means any hours, within a flexible schedule
established under section 6122 of 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;
"(5) `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;
"(6) `overtime hours', when used with respect to flexible
schedule programs under sections 6122 through 6126 of this
title, means all hours in excess of 8 hours in a day or 40 hours in
Federal
Employees
Flexible and
Compressed
Work
Schedules Act of
1982.
5 USC 6101 note.
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96 STAT. 228 PUBLIC LAW 97-221-JULY 23, 1982
a week which are officially ordered in advance, but does not
include credit hours;
"(7) `overtime hours', when used with respect to compressed
schedule programs under sections 6127 and 6128 of this title,
means any hours- in excess of those specified hours which
constitute the compressed schedule; and
"(8) `collective bargaining', `collective bargaining agreement',
and `exclusive representative' have the same meanings given
such terms-
5 USC 7103. "(A) by section 7103(a) (12), (8), and (16) of this title, respec-
tively, in the case of any unit covered by chapter 71 of this
5 USC 7101 title; and
et seq. "(B) in the case of any other unit, by the corresponding
provisions applicable under the personnel system covering
this unit.
"6 6122. Flexible schedules; agencies authorized to use
5 USC 61o1. "(a) Notwithstanding section 6101 of this title, each agency may
establish, in accordance with this subchapter, programs which allow
the use of 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 subchapter, but
subject to the terms of any written agreement referred to in section
6130(a) of this title, if the head of an agency determines that any
organization within the agency which is participating in a program
under subsection (a) is being substantially disrupted in carrying out
its functions or is incurring additional costs because of such partici-
pation, such agency head may-
"(1) restrict the employees' choice of arrival and departure
time,
"(2) restrict the use of credit hours, or
"(3) exclude from such program any employee or group of
employees.
"? 6123. Flexible schedules; computation of premium pay
"(a) For purposes of determining compensation for overtime hours
in the case of an employee participating in a program under section
6122 of this title-
"(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
5 USC 5542, 5542(a), 5543(a)(1), 5544(a), and 5550 of this title, section
5543, 5544, 5550. 4107(e)(5) of title 38, section 7 of the Fair Labor Standards Act
(29 U.S.C. 207), or any other provision of law; or
"(2) the employee shall be compensated for such overtime
hours in accordance with such provisions, as applicable.
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PUBLIC LAW 97-221-JULY 23, 1982 96 STAT. 229
"(b) Notwithstanding the provisions of law referred to in subsec-
tion (a)(l) of this section, an employee shall not be entitled to be
compensated for credit hours worked except to the extent author-
ized under section 6126 of this title or to the extent such employee is
allowed to have such hours taken into account with respect to the
employee's basic work requirement.
"(cxl) Notwithstanding section 5545(a) of this title, premium pay 5 USC 5545.
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 for which
such premium pay is otherwise authorized, except that-
"(A) if an employee is on a flexible schedule under which-
Ai) 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 nightwork 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 com-
bined 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 this title, and section 5 USC 5343.
4107(eX2) of title 38, 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 other-
wise authorized, except that such differential shall be paid to an
employee on a flexible schedule under this subchapter-
"(A) in the case of an employee subject to subsection (f) of
such section 5343, for which all or a majority of the hours of
such schedule for any day fall between the hours specified in
such subsection, or
"(B) in the case of an employee subject to subsection (e)(2) of
such section 4107, for which 4 hours of such schedule fall 38 USC 4107.
between the hours specified in such subsection.
"0 6124. Flexible schedules; holidays
"Notwithstanding sections 6103 and 6104 of this title, if any
employee on a flexible schedule under section 6122 of 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 Office of Personnel Management).
'T 6125. Flexible schedules; time-recording devices
"Notwithstanding section 6106 of this title, the Office of Personnel
Management or any agency may use recording clocks as part of
programs under section 6122 of this title.
5 USC 6103,
6104.
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96 STAT. 230 PUBLIC LAW 97-221-JULY 23, 1982
"? 6126. Flexible schedules; credit hours; accumulation and
compensation
"(a) Subject to any limitation prescribed by the Office of Personnel
Management or the agency, a full-time employee on a flexible
schedule can accumulate not more than 24 credit hours, and a part-
time employee can accumulate not more than one-fourth 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 program under
section 6122 of this title and who is no longer subject to such a
program shall be paid at such employee's then current rate of basic
pay forte
(1) in the case of a full-time employee, not more than 24
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-fourth of the hours in such
employee's biweekly basic work requirement) accumulated by
such employee.
"? 6.127. Compressed schedules; agencies authorized to use
"(a) Notwithstanding section 6101 of this title, each agency may
establish programs which use a 4-day workweek or other com-
pressed schedule.
"(b)(1) An employee in a unit with respect to which an organiza-
tion of Government employees has not been accorded exclusive
recognition shall not be required to participate in any program
under subsection (a) unless a majority of the employees in such unit
who, but for this paragraph, would be included in such program
have voted to be so included.
"(2) Upon written request to any agency by an employee, the
agency, if it determines that participation in a program under
subsection (a) would impose a personal hardship on such employee,
shall-
"(A) except such employee from such program; 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 program,
"(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.
"? 6128. Compressed schedules; computation of premium pay
"(a) The provisions of sections 5542(a), 5544(a), and 5550(2) of this
5 USC 5542, title, section 4107(e)(5) of title 38, section 7 of the Fair Labor
5544, 5550_ Standards Act (29 U.S.C. 207), 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 the applicable provisions referred to in
subsection (a) of this section. In the case of any part-time employee
on a compressed schedule, overtime pay shall begin to be paid after
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PUBLIC LAW 97-221-JULY 23, 1982 96 STAT. 231
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 this
title, or any other applicable provision of law, in the case of any full- 5 USC 5544,
time employee on a compressed schedule who performs work (other 5546, 5550.
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 this title, 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 this title, as applicable, or 5 USC 5542,
the provisions of section 7 of the Fair Labor Standards Act (29 U.S.C. 5544.
207) whichever provisions are more beneficial to the employee.
"8 6129. Administration of leave and retirement provisions
"For purposes of administering sections 6303(a), 6304, 6307 (a) and
(c), 6323, 6326, and 8339(m) of this-title, in the case of.an employee
who is in any program under this subchapter, 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).
"8 6130. Application of programs in the case of collective bargain-
ing agreements
"(a)(1) In the case of employees in a unit represented by an
exclusive representative, any flexible or compressed work schedule,
and the establishment and termination of any such schedule, shall
be subject to the provisions of this subchapter and the terms of a
collective bargaining agreement between the agency and the exclu-
sive representative.
"(2) Employees within a unit represented by an exclusive repre-
sentative shall not be included within any program under this
subchapter except to the extent expressly provided under a collec-
tive bargaining agreement between the agency and the exclusive
representative.
`(b) An agency may not participate in a flexible or compressed
schedule program under a collective bargaining agreement which
contains premium pay provisions which are inconsistent with the
provisions of section 6123 or 6128 of this title, as applicable.
"8 6131. Criteria and review
"(a) Notwithstanding the preceding provisions of this subchapter
or any collective bargaining agreement and subject to subsection (c)
of this section, if the head of an agency finds that a particular
flexible or compressed schedule under this subchapter has had or
would have an adverse agency impact, the agency shall promptly
determine not to-
"(1) establish such schedule; or
5 USC 6303,
6304, 6307, 6323,
6326, 8339.
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96 STAT. 232 PUBLIC LAW 97-221-JULY 23, 1982
"(2) continue such schedule, if the schedule has already been
established.
"Adverse agency "(b) For purposes of this section, `adverse agency impact' means-
impact." "(1) a reduction of the productivity of the agency;
"(2) a diminished level of services furnished to the public by
the agency; or
"(3) an increase in the cost of agency operations (other than a
reasonable administrative cost relating to.the process of estab-
lishing a flexible or compressed schedule).
"(c)(1) This subsection shall apply in the case of any schedule
covering employees in a unit represented by an exclusive
representative.
Collective "(2)(A) If an agency and an exclusive representative reach an
bargaining. impasse in collective bargaining with respect to an agency determi-
nation under subsection (aX1) not to establish a flexible or com-
pressed schedule, the impasse shall be presented to the Federal
Service Impasses Panel (hereinafter in this section referred to as the
`Panel').
"(B) The Panel shall promptly consider any case presented under
subparagraph (A), and shall take final action in favor of the agency's
determination if the finding on which it is based is supported by
evidence that the schedule is likely to cause an adverse agency
impact.
Termination. "(3)(A) If an agency and an exclusive representative have entered
into a collective bargaining agreement providing for use of a flexible
or compressed schedule under this subchapter and the head of the
agency determines under subsection (a)(2) to terminate a flexible or
compressed schedule, the agency may reopen the agreement to seek
termination of the schedule involved.
"(B) If the agency and exclusive representative reach an impasse
in collective bargaining with respect to terminating such schedule,
the impasse shall be presented to the Panel.
"(C) The Panel shall promptly consider any case presented under
subparagraph (B), and shall rule on such impasse not later than 60
days after the date the Panel is presented the impasse. The Panel
shall take final action in favor of the agency's determination to
terminate a schedule if the finding on which the determination is
based is supported by evidence that the schedule has caused an
adverse agency impact.
"(D) Any such schedule may not be terminated until-
"(D the agreement covering such schedule is renegotiated or
expires or terminates pursuant to the terms of that agreement;
or"
(H) the date of the Panel's final decision, if an impasse arose
in the reopening of the agreement under subparagraph (A) of
this paragraph.
"(d) This section shall not apply with respect to flexible schedules
that may be established without regard to the authority provided
under this subchapter.
"? 6132. Prohibition of coercion
"(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 sections 6122 through 6126
of this title to elect a time of arrival or departure, to work or not
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PUBLIC LAW 97-221-JULY 23, 1982 96 STAT. 233
to work credit hours, or to request or not to request compensa-
tory time off in lieu of payment for overtime hours; or
. ` (2) such employee's right under section 6127(b)(1) of this title
to vote whether or not to be included within a compressed'
schedule program or such employee's right to request an agency
determination under section 6127(bX2) of this title.
"(b) For the purpose of subsection (a), 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).
"? 6133. Regulations; technical assistance;. program review
"(a) The Office of Personnel Management shall prescribe regula-
tions necessary for the administration of the programs established
under this subchapter.
"(b)(1) The Office shall provide educational material, and techni-
cal aids and assistance, for use by an agency in connection with
establishing and maintaining programs under this subchapter.
"(2) In order to provide the most effective materials, aids, and
assistance under paragraph (1), the Office shall conduct periodic
reviews of programs established by. agencies under this subchapter
particularly insofar.as such programs may affect-
"(A) the efficiency of Government operations;
"(B) mass transit facilities and traffic;
"(C) levels of energy consumption;
"(D) service to the public;
"(E) increased opportunities for full-time and part-time
employment; and
"(F) employees' job satisfaction and nonworklife.
"(c) With respect to employees in the Library of Congress, the
authority granted to the Office of Personnel Management under this
subchapter shall be exercised by the Librarian of Congress.".
(b). The table of sections at the beginning of such chapter is
amendea- -
(1) by inserting before the item relating to section 6101 the
following:
and
(2) by adding at. the end thereof the following:
"SUBCHAPTER II-FLEXIBLE AND COMPRESSED WORK SCHEDULES
"
6120. Purpose.
6121. Definitions.
"6122. Flexible schedules; agencies authorized to use.
"6123. Flexible schedules; computation of premium pay.
"6124. Flexible schedules; holidays.
"6125. Flexible schedules; time-recording devices.
"6126. Flexible schedules; credit hours; accumulation and compensation.
6127. Compressed schedules; agencies authorized to use.
6128. Compressed schedules; computation of premium pay.
"6129. Administration of leave and retirement provisions.
6130. Application of programs in the case of collective bargaining agreements.
"6131. Criteria and review.
"6132. Prohibition of coercion.
"6133. Regulations; technical assistance; program review.".
SEC. 3. Section 3401(2) of title 5, United States Code, is amended by
inserting "(or 32 to 64 hours during a biweekly pay period in the
"Intimidate,
threaten, or
coerce.
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96 STAT. 234 PUBLIC LAW 97-221-JULY 23, 1982
case of a flexible or compressed work schedule under subchapter II
of chapter 61 of this title)' after "week".
5 USC 6101 note. SEC. 4. (a) Except as provided in subsection (b), each flexible or
compressed work schedule established by an 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 shall be continued by the agency concerned.
Termination. (bXl) During the 90-day period after the date of the enactment of
this Act, 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 termina-
tion 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 el), 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
com_ pressed 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.
Effective date. SEC. 5. The amendments made by this Act shall not be in effect
5 USC 6101 note. after three years after the date of the enactment of this Act.
Recording SEC. 6. (a) Section 6106 of title 5, United States Code, is amended
clocks. by striking out the period and inserting in lieu thereof a comma and
5 USC 6106. "except that the Bureau of Engraving and Printing may use such
recording clocks.".
Effective date. (b) The amendment made by this section shall take effect October
5 USC 6106 note. 1, 1982. Section 5 of this Act shall not apply to the amendment made
by this section.
Approved July 23, 1982.
LEGISLATIVE HISTORY-S. 2240 (H.R. 5366):
SENATE REPORT No. 97-365 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 128 (1982):
June 30, considered and passed Senate.
July 12, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 29 (1982):
July 23, Presidential statement.
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