S. 2254, TEMPORARY EXTENSION OF FLEXITIME SCHEDULE EXPERIMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92-00455R000100050012-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 16, 2016
• Document Release Date: July 21, 2005
• Sequence Number: 12
• Publication Date: March 29, 1982
• Content Type: NOTES

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STAT NOTE FOR:
Deputy Director of Personnel
STAT THROUGH:
STAT FROM:
X.'
ie Legislation Division, 0GC
Paralegal Specialist, 0GC
SUBJECT: S. 2254, Temporary Extension of Flexitime Schedule Experiments
1. On Friday, 26 March, the President signed this bill into law
(P.L. 97-160). It provides a four-month extension for the current flexi-
time experiment until a permanent solution can be worked out with the
Administration. Senator Ted Stevens, the main supporter of the measure
in the Senate, said the Senate will not have time to address a permenant
flexitime bill until after the July 4th recess due to the consideration )
of budget issues in the coming months.
2. S. 2254 passed the House and Senate without amendment. Attached
for your information are the two debates from the Congressional Record.
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can put a company out of business. As contributed to the perception of the
Dr. Weidenbauni has observed, the people of Utah, and the people of
costs to society of excessive and unnec- many other States, that- the Federal
essary government regul k are the Government and the Federal courts
factories and plants n t ' It he are often their adversaries, not allies.
goods and services no Cu or I urge my colleagues to support this
consumption, and t abs ncl amendment which would prevent this
comes not genera itImtit i 's "forum shopping" from continuing. I
the consumer wh arm y exce, applaud my colleague from Arizona
sive and unnecess ov vent reg- and my colleague from Wyoming, Sen-
ulation. N4 "o ~ ator SIMPSON, for their efforts on
For these reasons, I'' ve been an behalf of this important legislation.
in strong support of the cornpr
bill which is the focus of this
first step toward restoring some great-
er reasonableness to our regulatory
system. This l ?gislation would require
a review of new and existing regula-
tions to Insure that the benefits of the
regulation are not outweighed by its
costs and to insure that regulations
have not outlived their usefulness. I
urge my colleagues not to adopt
amendments which would weaken this
legislation which is of vital importance
to the country.
Mr. President, I would briefly also
like to express my support for two
amendments which I understand will
be offered to S. 1080. I have been a co-
sponsor of Senator ScknMTTT'S and Sen-
ator GRASSLEY'S legislative veto legisla-
tion for many of the same reasons
that I support the Regulatory Reform
Act--namely, the reduction of costly
and excessive regulation.
Congress has found it necessary to
delegate the task of lawmaking to ad-
ministrative agencies through statutes
which give such agencies rulemaking
authority. The legislative veto would
permit an opportunity for Congress to
more actively participate in the rule-
making process which it has estab.
lished and authorized. The legislative
veto would simply insure that the
elected representatives of the people
can examine costly new rules and reg-
ulations and determine whether or not
they are warranted. In.my opinion, it
is an appropriate exercise of the power
the Constitution gives to the Congress
to enact legislation. I urge my col-
leagaes to support this amendment.
Mr. President, I am also a cosponsor
of Senator DECONCXN.fS and Senator
SiMPSarr's venue legislation which
. would require that suits of a purely
local or regional nature be filed in the
Federal district court In the State or
region which is most greatly affected,
rather than, as at present in the Fed-
eral court in the District of Columbia.
Environmental groups admittedly
file suit in the District of Columbia be-
cause their causes will recieve more at-
tention and because judges In the Dis-
?trict of Columbia circuit have tradi-
tionally been more sympathetic , to
their claims than judges familiar with
the region, and its unique problems..
Cases tried in the District of Columbia
are far from the people who will be vi-
tally affected by the Outcome of the
litigation. The current situation has
S. 2254-TEMPORARY EXTENSION
OF FLEXITIME SCHEDULE EX-
PERIMENTS
Mr. STEVENS. Mr. President, I have
a bill at the desk. I ask unanimous
consent for its immediate considera-
tion.
The PRESIDING OFFICER. Is
there objection?
Mr. LEAHY. Mr. President, reserv-
ing the right to object, and I do not
expect to object. I will not object if I
can be told that there will, be no
amendments on the bill and that the
bill will be simply as it appears at the
desk.
Mr. STEVENS. I yield to the Sena-
tor from Colorado.
Mr. ARMSTRONG. Mr. President,
as I understand the proposal which
the Senator from Alaska has sent to
the desk, It relates to the flexitime
issue which we discussed here on the
floor a few days ago.
Basically, the proposed bill which he
has laid before the Senate, or which
he has asked to be laid before the
Senate, will extend for a period of 4
months the current flexitime experi-
ment.
Mr. President, I have a couple of ob-
servations I wish tolinake. First of all.
I am very much for flexitime. I want
to congratulate . the Senator from
Alaska for finding a way out of the di-
lemma In which We found ourselves
when last this issue was before the
Senate, because it has been like the
"Perils of Pauline." There are those
who really are not so sold on flexitime
and who do not appreciate how neces-
sary and desirable It Is for Federal em-
ployees. The Senator from. Alaska
really deserves not only the compli-
ments of Senators but a great deal of
credit for finding a formula by which
the flexitime can continue for a' 4-
month period while we work out a per-
manent solution to this matter.
I represent a large number of Feder-
al employees in Colorado who are in-
terested in flexitime and so my first
observation is to thank him and con-
gratulate him for finding this way to
resolve the problem.
The second issue Is the question of
whether or not this bill is a suitable
vehicle for amendment. It was my in-
tention, as the Senator full well
knows, to offer an amendment which
would simply expand the flexitime
concept to permit those workers in the
private sector who do not presently
have the opportunity to either work
S 2507
on a flexitime schedule or to negotiate
through their collective bargaining
agent for the right to work on a 4-day,
10-hour-per-day schedule, or in some
other way adopt the flexitime concept,
to permit them to do so. It just seems
to me if it is good for Federal work-
ers-which I believe it to be, in some
cases-then that same option should
be available within the private sector.
However, there are those who would
find this a very controversial subject
of amendment. So the proposal of the
Senator from Alaska is to take sort of
a cooling off period for the next 4
months to continue the flexitime ex-
periment, leaving the existing flexi-
time agreements in place, giving us
time to work out the details to permit
Federal employees flexitime and also
preserving the right of Senators who
may have amendments to offer, in-
cluding the one which I have just de=
scribed, an opportunity to do so at a
liter time.
So it is my understanding that if the
bill Is approved, as I hope and expect
it will be, that I am expected not to
offer any amendments, I will be happy
to withhold doipg: so on the under-
standing that when next the bill is
called up for the permanent flexitime
extension, that it will come up. in the
regular course of events. It will be a
calendared item and I and any other
Senators who wish to do so will retain
their full right to offer amendments..
At that time I will bring to the at-
tention of the Senate, when time Is'
not so critical, an amendment which r
think is meritorious and which I think
will then be adopted.
I thank the Senator for bringing this
to our attention at this time.
Mr. LEAHY. Mr. President, still re-
serving the right to object, I will re-
serve'it only to add my commendation,
and praise to the work of the senior
Senator from Alaska in bringing this
matter to the floor. I know he has
spent an enormous amount of time in
trying to work this out with the var-
ious us parties.
I think the flexitime experiment is
well worth continuing. I think It Is an.
excellent Idea. I will not object.
The PRESIDING OFFICER. With-
out objection, the bill will be consid.
ered to have been read the first time,
by. title and the second time at length,
and the Senate will proceed. to its, im-
mediate consideration.
The Senate proceeded to consider
the bill.
Mr. STEVENS. Mr. President, time
is 'running out on this flexitime pro-
gram. During the negotiations which
attempted to get agreement on reau-
thorizing it, many agencies have
changed their schedules already, start-
ing today. This bill merely extends the
authority for the current experiment
until the beginning of the second pay
period following July 4.
I want to state for the record why
we picked that date.
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Many of us are involved In the con-
siderations of the debt ceiling bill, the
continuing resolution, the third
budget resolution for 1982, the budget
resolution for 1983, the supplementals
that are coming before us, and the
hearings in connection with the appro-
priations bills. I am involved in the
Department of Defense hearings, a
very exhausting series of hearings
which have been scheduled.
This is the earliest time that I think
we can get an open period to consider
flexitime. That would be immediately
after the July 4 recess. I have not
cleared that date with the majority
leader, but it is my hope that we will
have the bill on the floor In that
period immediately following the July
4 recess.
We will deal with the amendment
mentioned by the Senator from Colo-
rado and the amendment of the Sena-
tor from Massachusetts.
I am grateful for the Senator allow-
ing me to handle it In this manner.
The PRESIDING OFFICER. The
bill is open to amendment. If there be
no amendment to be proposed, the
question is on the engrossment and
third reading of the bill..
The bill (S. 2254) was ordered to be
engrossed for a third reading, read the
third time, and passed, as follows:
S. 2254
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That the
Federal Employees Flexible and Com-
pressed Work Schedules Act of 1978 (5
U.S.C. 6101 et seq.) is amended-
. (1) by striking out "over a 3-year period"
in the first sentence of section 2;
(2) by striking out "the end of the 3-year
period which begins on the effective date of
this title" In section 102(c) and inserting in
lieu thereof "the first day of the second pay
period beginning after July 4, 1982"; and
(3) by striking out "the end of the 3-year
period which begins on the effective date of
this title" in section 202(4) and inserting in
lieu thereof "the.first day of the second pay
period beginning after July 4; 1982", -
Mri; STEVENS. Mr. ~ President, I
move to reconsider the ? lrote by which
the bilfwas passed.
Mr.: LEAHY. Mr. President, I move
to lay that motion on the table.
The motion to lay on the table -was
agreed to.
Mr STEVENS. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The bill clerk proceeded to call the
roil.
Mr. STEVENS. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
NATIONAL ARCHITECTURE
WEEK
Mr. HOLLINGS. Mr. President, last
week I introduced Senate Joint Reso-
lution 169, calling for the designation
of the week of April 18, 1982, as "Na-
tional Architecture Week."
This year marks the 125th anniver-
sary of an organized architectural pro-
fession In the United States. Since
1857, when the American Institute of
Architects was established in New
York City, our country's architects
have helped to give expression to our
national goals.
Most recently, architects have led
the Nation toward a renewed aware-
ness of the limited resources of our
planet. Today's architecture reflects a
concern for growing needs and dwin-
dling supplies of land, energy, and eco-
nomic resources. At the same time, it
affirms our Nation's belief in the heri-
tage of our past, the promise of our
future, and the basic Integrity of our
traditional values.
Mr. President, the American Insti-
tute of Architects has been honored
by U.S. Presidents since its founding.
In 1908, Theodore Roosevelt symboli.
cally commended the White House
Itself Into the AIA's hands for safe-
keeping. In 1923, President Warren G.
Harding personally conferred the
AIA's gold medal on Henry Bacon, de-
signer of the Lincoln Memorial. And in
1957, President Dwight Eisenhower
congratulated the institute on its cen-
tennial.
Believing that a nation's architec-
ture provides vital clues to that na-
tion's history, politics, aspirations,
ethics, and priorities, I urge the
speedy approval of Senate Joint Reso-
lution 169 and the designation of the
week of April 18, 1982, as "National
Architecture Week" to note the AIA's
125 years of service to the Nation and
its membership,
Mr. President, in May 1974 the AIA
conferred upon me the title of honor-
ary architect. Two other Members of
the Senate, the senior Senator from
Massachusetts (Mr. KENNEDY) and the
senior Senator from Maryland (Mr.
MATHIAS) have been similarly honored
by the AIA and have asked to be co-
sponsors of Senate Joint Resolution
169.
Mr. President, I ask that the senior
Senators from ? Massachusetts and
Maryland, as well as the senior Sena-
tor from New York (Mr. MOYNIHAN)
be added as cosponsors of Senate Joint
Resolution 169..,
The PRESIDING OFFICER. With-
out objection, It is so ordered. .
THE DEATH OF WALTER
YONKER
Mr. GORTON. Mr. President, I wish
to bring to the attention of the Senate
the recent sudden passing of Walter
(Walt) Yonker, executive vice presi-
dent and staff head of the Pacific Sea-
food Processors Association, and ask
that the Members of the Senate
extend their sympathy to Walt's
family and friends.
Walt Yonker was considered by all
who knew him to be one of those rare
individuals in the fisheries field who
was respected and liked by all who
knew him, even when they disagreed
with him on substantive issues. H.
was, for nearly two decades, not only
executive vice president of the Pacific
Seafood Processors Association but a
cohesive force for the commercial fish-
ing industry as a whole. Walt's contri-
bution did not stop at his work in the
processing field; he also served as an
industry adviser on the U.S. delegation
to the United Nations Law of the Sea
Conference, for which he was honored
by being named "Man of the Year" in
1974 by the National Fisheries Insti-
tute.
Mr. President, the Northwest fishing
community has lost a tireless advocate
and truly knowledgeable leader, and
we have all lost an outstanding citizen.
Walt will certainly be missed by the
fishing industry and by all those who
knew him.
WALTER V YONKER
Mr. MURKOWSKI. Mr. President, I
should like to call to the attention of
my Senate colleagues a tragedy that
occurred on Sunday, March 14, 1982.
On that day, the seafood processing
industry suffered a great loss because
Mr. Walter V. Yonker, the chairman
of the Pacific Seafood Processors As-
sociation, passed away in Seattle,
Wash., at the age of 65.
Although Walt resided in Washing-
ton State, he was a a great friend to
Alaska and his role in developing Alas-
ka's seafood Industry will not be for-
gotten. Walt's Influence on Alaska
came at the most crucial time as
Alaska found itself rich in fishery re-
sources, but without an. Infrastructure
to develop them. Through diligence
and hard work, Walt helped to create
the necessary infrastructure to allow
the Alaska seafood industry to prog-
ress from its embryonic stages.
Walt Yonker was born on October 5,
1917, in Williston, N. Dak.,, and was
educated at the University of Wash-
ington, in Seattle. He received degrees
in education and food technology. In
1947, he joined the National Canners
Association, which Is currently enti-
tled the National Food Processors As-
sociation. In 1952, he became the head
of the inspection division of that asso.
ciation. From the years 1957 to 1981
he held the office of director and vice
president of the National Canners As-
sociation Northwest Research Labora-
tory. He became executive vice presi-
dent of the Pacific Seafood Processors
Association In 1967, where he served
until his untimely death.
Mr. President, Walt Yonker's partici-
pation In advisory committees, both in
and out of government, Is quite im-
pressive, The -list is extensive and I
will only touch on a few of his many
accomplishments. Walt was an adviser
to the U.S. delegation to the Law of
the Sea Conference and an adviser to
the U.S. Delegation for Codex Almen-
tarious in Bergen, Norway. He was a
member of the U.S. State Depart-
ment's Ocean Affairs Advisory Com-
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We are talking about a ogram that acted as par o t e andmar ous ng oca on pro erns andtimiYlate the
Is due to expire now when the weather and Urban Development Act of 1968, economy In that sector of Puerto Rico.
Is starting to turn good across this the use of the is program has been Although no applications are perid-
country, when people are looking with quite extensive in the last 2 years be- lug due to the fact that no funds are
some type of hope to the new type of cause of the poor conditions in the available for new starts at the present
economy which we have promised homebuilding Industry. In many parts time, these projects are still consid-
them and the hope with which this of the country, the section 235 pro- ered in the pipeline, being slowed
weather brings to young couples who gram is the only program that is en- down somewhat by high interest rates
would like to perhaps own their first abling, homebuilders to keep their and the need to come up with addi-
home. I think If we do anything to heads above the waters of financial -tional financing even though the fed-
help boost the housing industry, bankruptcy. Because of provisions en- erally subsidized low interest rates are
which provides so many jobs and pro- acted as part of the Grarnm-Latta sub- exceedingly helpful in a time of na-
vides so much of this economy, we stitute to the Reconciliation Act of tional slowdown in new housing starts.
would be doing a great thing ultimate- last year, the Congress was forced to I urge the passage of this legislation
ly for the architect of this economic accept an early termination of this and support H.R. 5708.e
recovery plan, and I urge this Con- program. Now, Mr. Speaker, we are Mr. STANTON of Ohio. Mr. Speak-
gress to pass this bill and extend this seeing the demonstrated need for Fed- er. I have no further requests for time,
expiration date so that we can now eral programs such as this one that and I yield back the balance of my
have new housing starts across this sustains the homebuilding industry. time.
country and give hope to those who H.R. 5003 has widespread support The SPEAKER pro tempore. The
one day, long to be homeowners. from the housing Industry and from question Is on the motion offered by
A Mrs. HECKLER. Mr. Speaker, the Members on both sides of the aisle. I the gentleman from Texas (Mr. Gon-
severity of this past winter which for- am pleased that we have the coopera- zAi,EZ) that, the House suspend the
tunately ended on March 20-is the tlon of the distinguished ranking mi- rules and pass the bill, H.R. 5708.
best argument I can make to my nority member, my colleague from The question was taken.
fellow Members to vote for this great- Ohio, BILr. STANTON'S, support for the Mr. GREGG. Mr. Speaker, on that I
ly needed extension of the National prompt enactment of this bill.? demand the yeas and nays,
Housing Act. The winter was harsh, ? Mr. CORRADA. Mr. Speaker, I rise The yeas and nays were ordered.
even for Massachusetts. which re- in support of H.R. 5708, legislation to The SPEAKER pro teinpore. Pursu-
quires hardiness In every year. extend the Federal Government's sec- ant to the provisions of clause 5, rule
But familiarity does not mean we in tion 235 homeownership assistance I, and the Chair's prior announce-
Massachusetts or New England were- program through the end of the cur- ment, further proceedings on this
or are-prepared to deal with some of rent fiscal year of 1982? motion will be postponed.
the adverse economic consequences. The passage of the legislation before _
The housing industry in Massachu- us under suspension of the rules Is a
setts was particularly hard hit, as was relatively simple one, but one exceed- GENERAL LEAVE
the housing Industry across the coun- ingly Important at a time when soar- Mr. GONZALEZ. Mr. Speaker, I ask
try. Ing interest rates and Inflation is plac- unanimous consent that all Members
Moreover, the delay in getting new Ing the American dream of homeown- may have 5 legislative days in which, to.
housing construction underway will ership in serious trouble. - revise and extend their remarks on
fall even more heavily on low-income By extending the section 235 home- H.R. 5708,
people who had qualified for interest ownership- assistance program beyond The SPEAKER pro tempore. Is
subsidies under section 235. ? the March 31, 1982, expiration date there objection to the request of the
A "yea" on this measure Is the only through September 30, 1982, the gentleman from Texas?
responsible way to respond to these House:of Representatives can send a There was no objection.
weather and market conditions, which signal out to the homebuilding and
could not have been foreseen when construction industry that we want to
the reconciliation vote was taken last keep alive a valuable Federal program EMERGENCY ALTERNATIVE
summer. A "yea" vote on this measure that can assist them in selling houses. WORK SCHEDULE EXTENSION
means that work will go forward on On the national level, there are Ms. FERRARO. Mr. Speaker, I move
upwards of 9,000 homes this coming 8,000 reservations pending under see- to suspend the rules and pass the
June-the anniversary, of, the original tion 235 at this point and, if -the pro- Senate bill (S. 2254) to temporarily
reconciliation vote-providing work for gram is not extended, all of these extend the authority to conduct ex-
builders, carpenters, . - plumbers, units will be lost. periments in flexible schedules and
masons, and, of course, needed homes As Resident Commissioner from compressed schedules under the Fed-
for families. Puerto Rico, during. the past several eral Employees Flexible and Cam=
.., -With'the homebuilding Industry In a years, I have witnessed the dramatic pressed Work Schedules Act of 1978.
crippled state, due to high Interest slowdown in the homebuilding and The Clerk read as follows:
-
rates and other factors,- this bill Is construction industry on the national S.2254
needed as a boost not a cruteh
l and in our own island
er lev
.
e
, . Be it enacted by the Senate and House of
a Mr. ST GERMAIN, Mr. Speaker, I Fortunately, the Housing Subeom- Representatives of the United States of
am pleased to add.my support to that mlttee chaired by Congressman Gorr- America in Congress esseinbled, That, the
of the distinguished chairman of the ZALEZ has given every indication that It Federal Employees Flexible and Corn-
Subcommittee on Housing and Com- is working hard to resolve this situa- pressed work Schedules Act of 1978 (5
munity Development, my colleague tion, and to restore subsidized housing U.S.C. 6101 et seq.) is amended-
from Texas (Mr. GONZALEZ) in urging programs of the Federal Government (1) by striking out "over a? 3-year period"
prove H.R. 5708. This bill - would In Puerto Rico, I am informed that (2) by striking out "the end of the 3-year
extend the section 235 homeownership we have 239 housing units still being period which begins on the effective date of
assistance program which is due to processed which could conceivably be ethu t here t ere of in section Ady of and the second in
expire March 31 of this year to Sep- lost If this legislation is not passed period beginning after after day 2"; and pay
July 4 4, 1982"; , and
tember 30 of this year. and, for that reason, this bill has my (3) by striking out "the end of the 3-year
Until 2 years ago, the section 235 strong support. period which begins on the effective date of
homeownership program, which pro- Of this total, 15Q units belong to an this title" in section 202(d) and inserting in
vides interest subsidies to people up to Impressive development In the finan- lieu thereof "the first day of the second pay
95 percent of area median income to cial center of urban San Juan and the period beginning after July 4, 1982."
assist them in achieving homeowner- San Juan New Center, a core area in The SPEAKER pro tempore. Is a
ship, was a little used program. En- need of new housing units to solve re- second demanded?
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Mr. DERWINSKI. Mr. Speaker, I hearings before my subcommittee, the urination not be borne by the Ameri-
demand a second. administration was not able to present can public.
The SPEAKER pro tempore. With- a single incidence of problems in the The termination date of this exten-
out objection, a second will be consid- program which could not be corrected Sion was selected by the Senator from
ered as ordered. under the existing program or the leg- Alaska, the chairman of the author-
There was no objection. Islation which I had introduced. De- izing committee in the other body. I
The SPEAKER pro tempore. The spite that fact, the administration con- do not Intend to wait until July to ask
gentlewoman from New York (Ms. sistently refused to support my legisla- this House to again consider perma-
FERRARO) will be recognized for 20 tion although they had not sent up an nent legislation. At a time where' .Fed-
minutes, and the gentleman from Illi- alternative plan. On the day after my eral employee morale is at an all time
nois (Mr. DERWrNS%I) will be recog- bill, H.R. 5366, was reported from the low level, when we are asking Federal
nized for 20 minutes. Post Office and Civil Service Commit- workers to work harder for less pay, to
The Chair recognizes the gentle- tee without a single negative vote, the do more with fewer people, I urge this
woman from Now York (Ms. FERRARO). administration finally sent up their House not to permit this no cost pro-
Ms. FERRARO. Mr. Speaker, I yield legislative proposal.
myself such time as I may consume. The administration proposal would gram which ital le e t to lapse. lapse. . to Federal
Mr. Speaker, in 1978, the Congress have effectively ended alternative employee morale
Mr. I -
authorized Public Law 95-390 a 3-year work schedules In the Federal Govern- man Speaker, s yield to" the gentle.
experiment for Federal agencies on ment. The administration would re- man from Mississippi (prri ions Corn-chairinan the use of alternatives to the tradi- quire a determination prior to the im- mitteef of the nrire
tional fixed schedule 8-hour workday. plementatian of an alternative work quest, for a unanimous-consent or~re-
Since then, more than 325,000 Federal schedule that It would, first, improve quest.
employees in 1,500 organizations have productivity or provide greater service PERMISSION FOR COM:.IITTEB ON APrRO&RI-
taken part in this successful experi- to the public, and second, not add to ATIONS TO FILE REPORT ON A BILL MAKING
ment. If we do not act today and pass the cost of agency operations. This is 1RSLNT SUPPLEMENTAL APPROPRIATIONS MR
legislation to extend this program, al- clearly an impossible task. In addition, 1982
ternative work schedules in the Feder- the administration proposal would Mr. WRITTEN. M Speaker, Isk
al Government will expire in less than make AWS a unilateral management tale on Ap consent that the Commmit
one week. right and would take away rights of tee on Appropriations may have until
The legislation we are considering, Federal employees and their repre- report on a bill idnight a bimaking. u to making g privileged
S. 2254, merely extends the authority sentatives granted by this Congress in mental. appropriations for for the current experiment until the the Civil Service Reform Act of 1978. mental ending September f30 the fiscal year beginning of the second pay period fol- To this day, no member of this body for otheripurposes.er 30, 1982, and
lowing July 4. This emergency legisla- has introduced that legislation. tempore.
tton was considered by unanimous con- On March 2 this House voted 255 to The SPEAKER `pee request of Is
sent yesterday in the Senate and 142 in favor of H.R. 5366, the legisla- there objection to the request of the
passed without objection. I regret tion which I Introduced to permanent- gentleman from Mississippi?
having to ask the House to enact legis- ly authorize the program. Unfortu- There was no abjection.
lotion on an emergency basis, but not nately, that was not a sufficient vote Mr. CONTE reserved all points of
only will it cost taxpayers millions of to suspend the rules and pass the leg- order on. the bill.
tonllara will it A,.
t --& +,..r- ,__e_,- ..
no
..,veil par tees so that this
tion of this program, which the Office important -program would be able to Mr. WHITTEN. Mr. Speaker, I ask
of
ecti
i
.,1 exper
r-? ,
menting vrga- reacnea the chairman of the author- ter to consider in the House the Joint
nizations and Individuals" would truly izing committee In the. other body In- resolution (H.J. Res.. 400?) making fur-
be a disaster. troduced this legislation to give all ther continuing appropriations for the
I will not recount all the benefits of parties more time to work out a com- fiscal year 1982:
this program except to say that it is a promise. The SPEAKER
-_-- ' -
p to
-
is
i
th
hi
-..r as
g
la
on w
ch we are now
ese objection to the request or tile.
increasing, service improving program. considering is the same legislation gentleman from Mississippi?
I. do; however, feel compelled to re- which was. passed b
y
d
I
ay .
es-e?
ages sorry o Have to tell Mr. DER W i1 zu'cI. Aar. Speaker, now
tion in dealing with this matter which this House that the administration - that we have seen the latest edition, of
. ...aaa --a _--_----~.., .
?-have placed us In this position +od
a
their opposition, the champion of Federal employees,
submit an Interim report and legisla. The intent of thi
bill t
__na,--__._
he
s
cu
t
rren
p rograr 1 PAnnIZ1).
year. I had scheduled hearings last Oc- for approximately 4 months.. Any ex- Mr. PARRIS. Mr. Speaker, I rise In
tober so that Congress could consider perimental flexible' or compressed support of the adoption of this legisla-
AWS In a rational and timely manner vrnrir schedul
... _ , ., _
e
be canceled because the administra- and Compressed Work Schedules Act pressed work week for, 120ldays. A few
tion did not submit the report or the of 1978 (5 U.S.C. 6101 note) in effect short weeks ago, the House failed to
legislative proposals mandated by law, on March 28, 1982, will not terminate pass H.R. 5366, under suspension. of
Finally, in November OPM submitted by reason of: First, section 102(c) or the rules although 255 Members, a
,.an Interim report, which found the section 292(d) of the 1978 act, as those- clear majority, voted for it. As a result,
program to be successful. However, sections were in effect prior to the the flexitime program will expire next
the administration did not submit the amend
t
d
men
s ma
e by S 2254; Mdl
. oronay uness we take action lmmedi-
required legislative recommendations. second, the provisions of any collective ately.
After becoming- convinced that the bargaining agreement or experiment I have been working with Senator
administration was not going to act, I under the 1978 act which are based on TED STEVENS on this matter and re-
introduced legislation in January section 102(c) or section 202(d). It is quested him to offer an amendment in
which would continue the provisions Important that these programs contin- the other body' that would extend the
of the current successful program. At ue so that the cost of irresponsible ter flexitime program until we, could work
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 H 1042 COT RES )NA.L RECORD -- HOUSE March 23,198,;,
out a more permanenAW1Q iQ@4sFo 1i ?$' 4 Qt li ex~idf~t W~9t2-A4~4fl @~Od Nb83a^t7[ represent-
Yesterday afternoon, Senator STEVENS
offered an amendment which would
extend flexitime for 120 days. That
amendment was unanimously ap-
proved by the Senate. We now have
the opportunity to show the support
of the House for flexitime by approv-
ing this extension.
I have talked with the Office of Per-
sonnel Management on several occa-
sions the past few days urging their
support for this legislation. All we are
asking for Is a simple extension of a
very important program. The exten-
sion is not permanent and it does not
cost any money. There is absolutely no
rational reason why OPM should
oppose this extension and it is my
hope that they will do so.
Everyone benefits from flexible
work schedules. The Federal Govern-
ment benefits from the program be-
cause the Increased morale has led to
an increase in productivity. The gener-
al public benefits because flexible
work schedules have increased oper-
ational hours and has meant greater
accessibility to services being offered
by the various agencies.
We are not asking that the Congress
take action to make flexitime perma-
nent, we are just asking that Congress
allow this program to continue for 120
days so that we can work on a .perma-
nent program. When the House con-
sidered H.R. 5366, 255 Members voted
in favor of the flexitime bill. I am re-
guesting that these Members again
show their support by voting for- this
extension.
Li 1510
Mr. DERWINSKI.. Mr. Speaker, I
thank the gentleman for his Inspiring
remarks.
I yield 2 minutes to the gentleman
from Virginia (Mr. WOLF), another
great spokesman for Federal employ-
ees.
(Mr. WOLF asked and was given per-
mission to revise and extend his re-
.marks.)
Mr. WOLF. Mr. Speaker, I represent
a large number of Federal employees
in Virginia's 10th District who have
participated in the highly successful
experimental work schedule program.
I agree with the recent Office of Per-
sonnel Management report on the
:flexitime experiment which recom-
mended that this worthwhile program
be continued permanently. Because
flexitime works, I have cosponsored
legislation which would make perma-
nent the Federal program which
allows agencies to use alternative work
schedules for employees. However, we
are not here today to debate the
merits of the permanent legislation.
We are acting-and rightly so-to pro-
is people who make It work.
I know a number of people, one in
my own office, whose wife works at a
particular agency, and could not work
if fiexitime were not available.
There are many people where one or
the other will leave early and the
other will go late, so that there is
somebody home with the children. No-
where is there any evaluation of the
Impact on that 2-year-old child or 5-
year-old child or the Impact on what it
Is to be 8 years old and know that your
mother or father is there to see you
off to school, or that there is some-
body there to meet you at the bus.
We have to get away from the nuts
and bolts type of thinking and consid-
er the human approach. This does not
cost the Government any money and
provides high returns in the way of
employee productivity and morale.
For the immediate, time Is running
out on the flexitime program. I urge
my colleagues to extend the authority
for the current experiment until the
administration and Congress can re-
solve this matter. I am committed to
the flexitime way of life. It deserves a
new lease on life.
Ms. FERRARO. Mr. Speaker, I yield
5 minutes to the gentlewoman from
Colorado (Mrs, SCHROEDER).
(Mrs. SCHROEDER asked and was
given permission to revise and extend
her remarks.)
Mrs. SCHROEDER, Mr. Speaker, I
rise in support of the legislation to
extend the flexible and compressed
work schedule for another 120 days.
Instead of merely passing a stopgap
measure to keep a good program from
dying, we should be enacting perma-
nent legislation to provide for the con-
tinued use of alternative work sched-
ules. Time, however, has run out and
the bill before us is the best we can do
for the moment.
Let me take a moment to commend
the persistence and commitment of
the gentlewoman from New York (Ms.
FERRARO). She has fought to pass legis-
lation continuing the flexitime pro-
gram, while it was being attacked from
all sides. The administration has nit-
picked every proposal, while belatedly
producing its own suggestions which
were quickly dismissed as unhelpful by
those who -know most about Federal
flexitime, Some in the business com-
munity have unsuccessfully attempted
to load an unrelated provision on the
bill. There were even those In the
labor community who expressed con-
cern about various drafts. Through it
all, Ms. FERRARO has pushed to keep
flexitime going. Hundreds of thou-
sands of Federal employees and mil-
lions of taxpayers are in her debt.
When permanent legislation was
brought to the floor 3 weeks ago, i dis-
ing, has been the primary testing
ground for Federal alternative work
schedules. I can tell you the program
has reduced absenteeism, reduced traf-
fic congestion, and favorably im-
pressed those who deal with the Fed-
eral Government.
Since that time, I have learned of
the Intensity which Federal employees
and their families feel about the flexi-
bility provided by alternative work
schedule program. My office has been
deluged with phone calls and letters
the program. I wish I could explain to
them what the administration finds
wrong about keeping offices open
longer hours and providing greater
service to the public. I can not.
Pas&a e of this bill will keep the pro.
grain going. We still need permanent
legislation to assure continuity and
predictability to those who use flexi-
time. Permanent legislation can also
guarantee that alternative work sched-
ule programs result in benefits to the
Government and the taxpayer. For
reasons that have already been ex-
plained, it is impossible right now to
get permanent legislation enacted.
The most prudent course for the
moment is to avoid the large costs of
closing down flexitime, by continuing,
the program, and then working to de.
program.. Let us pass this extension.
Mr. DERWINSKI. Mr. Speaker, first
of all. I yield myself such time as: I
may consume.
Next Monday, the experimental Fed-
eral Employees Flexible and Com-
expires. I supported the experiment,
.
and, on the basis of the evidence, sup-;
port continuation of the program, pro-
viding the admininstration and the
Office of Personnel Management have
the
for this administration or any,
administration in giving priority con_
sideration to the public interest.
Reagan and OPM Director Donald;
Devine support permanent alternate
work schedules in the Federal Govern-
ceived by Federal employees, that fact
remains that it should not be viewed
as an employee convenience. Federal
managers should not be precluded
from discontinuing work schedules
that are not in the public interest.
time while we work out a permanent ment productivity, the increased serv- In a time bind in dealing with a com-
solution to this matter. ice to the public, and the heightened placated problem. ,What we are doing
I believe the flexitime experiment is morale of Federal employees which here today Is buying some time. with, a
worth continuing. I think It Is an ex- has come from the alternative work simple 4-month extension of the exist-
cellent Idea-it shows vision and ere- schedule program. Denver. ' Colo., ing flexitime program. That will give
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us time to work out an agreement that period the administration and support- sistance to working families where
will give the administration the tools ers of this program can reconcile any both partners work and most particu-
it needs and requires to manage what differences so that what has proved to larly in cases where a single parent
'is a promising and Innovative program, be a productive program, beneficial to works and has young children to care
While I am in complete accord with both the Government and to its em- for.
the administration's position, I am ployees, can continue uninterrupted. I urge each and every person who
supporting the simple extension of the Accordingly, I urge my colleagues to voted aye last time to vote aye again
exis
ting program.. suspend the rules, and pass S. 2254, and those who voted no to change peaker
Mr.
the
ERR tl woman from CI olloradoz and the gen- su h time asAheO may consume to tield he their o vi avian to reassessing their
tlewoman from New York. I know gentleman from Maryland (Mr. I point thank view the and t vote aye today.
they have been getting ready for HoYER). gentlewoman for yield-me.
weeks for this fierce battle. I now have Mr. HOYER. Mr. Speaker, I thank ing Mrto D
to advise them that the OFNI has the gentlewoman for yielding, yield 14 minutes I, th Mr. Speaker, I
withdrawn all their objections to this I want to join my many colleagues from o minutes t ( the gentleman
bill. They are perfeptly pleased to take who have already stood on the floor from North Carolina (Mr. JOHNSTON).
the 4 months extension. congratulating the chairwoman for ^ 1520
I would like to think It was because her perserverance and for her effec-Mr. of the pressure applied on this side of tive representation with respect to this man for yielding tY. I thank the gently
the aisle from people like the gentle- issue. man for pielding tome
man from Virginia (Mr. WOLF) and the I think it has been universally said Mr Speaker, enker, this Bureaucrats might Are B well
er
gentleman from Virginia (Mr. PAnaxa). on this floor today that flexitime in called the The point is that they have decided the main has proved to be a very post- Than Real People Act; Extension of
that wisdom and logic are clearly on tive benefit in terms of productivity, 1982, because I just do not understand
the side of the extension, The gentle- but also from my perspective another why those employed in air-conditioned
women have made a very proper case. very important aspect and that is offices on the banks of the Potomac
Flexitime has worked. It is a good morale. Probably at no time In the should be allowed the flexibility of
management tool. long history of the Federal Govern, their working hours when that same
in the 4 months left, Senator STE- ment has the morale of the Federal right is denied my millworkers down
vans will work with us on the House employee been at any lower ebb than working in unair-conditioned mills
side to see that we get a, proper bill. I it Is today, under the Walsh-Healy Act who are
commend the gentlewoman from New It is therefore, it seems to me, appro- making the clothes that these bureu-
York for not only. her leadership, but priate that we take this action to rec- crats, especially in the armed services,
her perseverance. ognize the program's effectiveness. are wearing.
Mr. Speaker, I yield 2 minutes to the I think the ranking minority It seems to me that what is sauce for
gentleman from New York (Mr. member of the Post Office Committee the goose should be sauce for the
Gu.itiIAiY)? was there at the hearing and there gander. Why should our mills and our
(Mr. G.ILMAN asked and was given was really nobody, including the repre- factories be required to pay overtime
permission to revise. and extend his re- sentatives of OPM, who said that the after 8 hours? Why should our work-
marks,) program was not in the best interests ers in industry supplying the U.S.
Mr. GILMAN.Mr. Speaker, I rise In of the Government. It is, true that Government be forced to work 5 days
support of the motion to suspend the they have some concerns about it. a week under the Walsh-Healy Act, or
rules and pass S. 2254, legislation ex- I am now very pleased to hear the their employer forced to assess against
tending the m perimental alternative ranking minority : member say that the American taxpayer a premium for
work schedules program through the OPM has now decided to not oppose overtime work when the bureaucrats
first day of the second pay period be- this extention, which will give us time up here are allowed the privilege of
ginning after July 4, 1982, to continue to look at this very posi- only coming to work 4 days a week, or
Mr. Speaker, S. 2254, which the tive program. It think it Is a program maybe 3 days under flexitime:
Senate passed yesterday, is a simple which has proven Itself in the trial My distinguished colleagues have
extension of the current AWS pro- period and ought to be permanently pointed out what it does for the fami-
gram. If the House does not pass S. continued. I was one of those. who lies of the bureaucrats. Well, I would
2254, the result is predictable: The al, strongly supported it when it was. last think the same thing would be true
ternative work schedule program will on the floor of this House. for the families of my. millworkers and
terminate on March. 29, 1982. . I am very hopeful that we will .now my, factory workers down in North
As a long-time supporter of the AWS see the unanimous approval of this ex- Carolina, and the other factory work-
program and as a member of the Sub- tension and that we will be able to ers_ throughout the country, a privi-
committee on Human Resources, work out the permanent authorization lege which Is denied their families
which has jurisdiction over this issue, for flexitime in the very near future. under Walsh-Healy Act.
I have come to recognize that this pro. Ms. FERRARO. Mr. Speaker, I yield My distinguished colleagues have
gram significantly boosts employee-' 2 minutes to the gentleman from Call- pointed of how it enhances productiv-
mora.le and contributes to Increasing fornia (Mr. PAxrznsoN), ity. Well, should the taxpayers of
Government efficiency. Indeed, the Mr. PATTERSON. Mr. Speaker, I America not be entitled to the same
Office of Personnel Management thank the chairwoman for yielding to enhanced productivity in the defense
found that a vast majority of partict- me on this occasion to speak for this contracts which are now restricted
pating supervisors and employees' Important legislation, I also commend under Walsh-Healy and the Contract
strongly endorse this program, her leadership in preparing and bring. Work Hours Act?
As you will recall, an effort earlier ing this bill before us today. Morale. Do you not think workers in
this month to pass under suspension a I want to indicate to my colleagues the private sector now on 3-day weeks
permanent authorization of the AWS that on the last occasion that we voted and 3-week months are suffering from
program was defeated in the House. on the flexitime Issue, I cast a no vote. lack of moral? Should not they, too,
While I recognize the concerns the On the bill today I fully intend to cast enjoy the wonderful world of flexi-
administration previously had with an aye vote and I urge all those who time? But all of this is denied them
the effort to permanently authorize did vote no previously to reevaluate under Walsh-Healy.
the AWS programs, I wish to point out their position. col-
to my colleagues, that the measure I think the bill has been handled leaI gue would be williin~ o pr provide the
before us today, is merely a temporary very well. I think that flexitime plans private sector the same flexibility that
extension of the AWS program. It Is should be made available to employ- they are so interested in providing the
my hope .that during this extension ees. This will certainly be of great as- bureaucratic sector by repealing the
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 H 104 C(. RE .rtDNAL RECORD -- HOUSE Marcia 28, 1982
~DP0 455 n n1 n 12
e
Approved or lea e 2o05/ /03 : RA-P2
Walsh-Healy Act and letting the pri- Mr.peaker, 1Lstening o 'the st havbei~~2 ghat mandate.
vate sector simply comply with the gentleman speak, I was reminded some They are to cooperate with manage-
Wage and Hour Act. of the cars I have seen in the past ment. And to the extent that we take
Mr. Speaker, I yield to my distin- come out of Detroit looking as though out of the hands of the elected repre-
guished colleague from South Caroli- the person with the bumper had to sentatives of the people, the President
na (Mr. HARTNETT). wait 3 hours for the person with the of the United States and his adminis-
Mr. HARTNETT. I appreciate the headlight. Hopefully we are address- tration, the ability to make those decl-
gentleman yielding to me. Ing those problems in those negotia- sions that they must make in order to
Mr. Speaker, unlike my colleague, I tions going on now, have a fully functioning, efficient
think this probably ought to be I rise to come down in between what Government, we make a mistake.
termed the Work As You Wish, Work I have been hearing from both sides I would hope that we would keep
When You Wish Act of 1982. today. I happen to think the concept that in mind. I think it would be very
You know, it has been said here that of flexitime does make sense. I think difficult for us to go home to our dis-
the Federal employee is suffering that It can Improve productivity. But tricts having a simple permanent ex-
from a tremendous loss of morale. I to suggest there have not been prob- tension of this bill, as was suggested a
cannot understand why, Mr. Speaker. lems Is to close your eyes to the reality few years ago, without dealing with
He Is one of the most highly paid em- of what has occurred In the Federal some of the real problems that do
ployees in. the country. He has more Government in some specific in- exist In the experimental programs of
benefits than any employee in any In- stances. flexitime.
dustry located anywhere in this world. I cited when I spoke against the per- This bill Is a good compromise at
Can you imagine the autoworkers manent extension that came before us this time, but let us not fool the
union, which Is now negotiating con some weeks ago the problem that we American people and say that flexl-
tracts with General Motors and other have seen with the Department of time is a panacea and that It does not
automobile manufactur~irs, wanting Labor, I referred to the article that ap- have some problems. It does have
the same thing? The gentleman who peared in the Washington Post on the some problems. These are real prob-
puts the headlights on would have to subject, the allegations of which have lems. The fact that in 3 weeks we have
wait 3 hours for the gentleman who not been contradicted, at least to my not been able to reach an adequate
puts the bumper on to finish building satisfaction. compromise on a permanent basis sug-
the automobile. Just yesterday I had an opportunity gests that those problems are difficult
And it has got to be said the same of to speak with an employee of the and they must be addressed.
our Federal employees, Mr. Speaker. member Labor of the Department, other a party, lwho o arr uses time Mr. JOHNSTON. Mr. Speaker. I There must be Jobs that are linked to flexitime and feels that it does help. yield 1
(Mr. HILLIS).
each other where one worker has to him with time with his family. But he Indiana minute to the gentleman from
withhold what he or she would be also told me that, In his opinion, the Mr. HILLIS. I thank my colleague
doing In order to wait for his or her taxpayer is being ripped off at the for yielding to me.
fellow employee to report to work present time with the abuses of Mr. Speaker, I had not really Intend-
under the flexitime system. certain ed to take part in this debate, but yes-
the have
Labor. rtain terday, as a member of the Investiga-
What about the employee who tells time parts of that
Department crept artment up of in
his supervisor that he reported to I would suggest that what the ad- tions Subcommittee of the Veterans'
work at 7, but the supervisor chose not ministration has spoken about is the Affairs Committee, we held hearings
to come in until 10 and has no idea ability to give management those tools in Memphis, Tenn., concerning the
whatsoever whether the employee was necessary to make sure that those veterans' hospitals in that area and
there at ? or not. abuses do not continue to occur and throughout the State of Tennessee,
Maybe it is working well for the em- are not more widespread than those in and the top people from those Installa-
ployee, but that employee Is supposed the experimental program. That is all tions appeared before us.
to be working well for his employer, they are asking. I am sorry that we do Among other things, I do recall late
which is the taxpayers of this country. not have a bill here that takes care of in the morning a question was asked
I think we are entitled. to restore some those problems: about this type of proceeding. To Iny
discipline among our workers for the When we were here 3 weeks ago, we surprise, the responses were negative.
Federal Government, and some pro- were told that flexitime was emergen Basically, what we were told, at least
ductivity. It is time that we exercised cy legislation and had to be passed on so far as our group was concerned, it
some self-control and let the American the suspension calendar with no op- did not improve their productivity and
b
f
er o
pro
taxpayer know that his employees, the portunity for amendment. But we it presented a great num
Federal. Government's employees, have had 3- weeks now. We have been lems -for the managers in managing
were on the Job every morning at a here on the floor. We have had time to the facilities, and particularly when it
'specified hour and did.not retire In the work on it. But, no, we have not used was necessary to bring groups of em-
evening until a specified hour. that chance to have this bill come ployees together. I suppose that would
If it would create some traffic Jams, before us because we have been deal- be comparable to the time the gentle.
I would say to the gentlewoman from ing with such weighty things as the man talked about the operation of an
New York, perhaps she would want to Hoboken Pier bill. assembly procedure. But. when it was
decentralize some of this Federal Gov- It seems to me we have got to get In- necessary to have conferences and
ernment and send some of It to South volved with these Issues, and we have meetings, sometimes Joe Doe or Jane
Carolina, where we have no problems got to quit pushing them off. Smith Just wasn't there because they
with traffic Jams whatsoever. We have reached a compromise be- were on the flexitime program and it
Mr. Speaker, I think we are doing a tween the administration and those was extremely difficult for managers
terrific injustice to our employers, the that support a simple extension on a to program work schedules and to
people who employ us, the taxpayers permanent basis of flexitime; hopeful- make them work as they had been
of this country, to let them permit ly in the next 4 months we can achieve working before.
their employees to come to work when what many of us seek, the concept of So on the basis of what I heard yes-
they wish and work as long as they flexitime with the recognition that terday, I do not believe I can support
wish. there are some severe problems and the bill.
Mr. JOHNSTON. Mr. Speaker. I the recognition that when an adminis- Mr. JOHNSTON. I thank the gentle-
yield such time as he may require to tration comes Into power, they deal on man from Indiana.
the gentleman from California (Mr. the management side. They have been Mr. Speaker, people who support
LvNCnzN). elected by the American people to this bill are voting for a two-tier
Mr. LUNGREN. I thank the gentle- manage this Government from the ex- system of employment rules and regu-
man for yielding... ecutive branch. The Federal workers lations for this country, one in favor
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Nvwp~ Napo
CONGRESSIONAL. RECORD -- HOUSE
of the bureaucrats and the other
against the American worker under
Walsh-Healy.
Mr. Speaker, I yield the balance of
my time to the gentleman from Illi-
nois (Mr. DsuwxwsKT).
Mr. DERWWINSKI. Mr. Speaker, how
much time do I have remaining?
The SPEAKER pro tempore. The
gentleman has 5 minutes remaining.
^ 1530
Mr. DEE WINSKI. May I take just a
minute, and this will close up debate
on this side, but I would like to clear a
few misconceptions.
First, the OPM, speaking for the ad-
ministration, is in support of this bill.
As far as I anm concerned, there should
be no controversy left unless people
want to go beyond the administration
position.
. Second, let us understand that all we
are passing is a simple 4-month exten-
sion, nothing else, and In that 4
months, the House and Senate will
continue to work to see if we can get a
package together that will in turn be
acceptable to Dr. Devine, the OMB,
and other spokesmen in the adminis-
tration.
If a solution Is reached, we will have
no real controversy, a bill in proper
form will be passed sometime later in
July. If we do not reach an agreement,
this act will die at the end of July. So,
I would strongly: recommend that for
the purposes of ongoing negotiation,
for the goal that the President, the Di-
rector, Mr. Devine, has in administra-
tive reform and administrative respon-
sibility, that we now support this
measure.
Mr. Speaker, I yield back the bal-
ance of my time.
Ms. FERRARO. Mr..Speaker, I yield
such time as he may consume to the
gentleman from New , York (Mr.
Soz.aRZ).
Mr, SOLARZ. Mr. Speaker, I thank
the gentlewoman for yielding. I want
to compliment her on her efforts to re-
suscitate flexitime from the imminent
death that confronts it-if this legisla.
tion is not adopted.
I think It is probably fair to say that,
if one can use a medical analogy, flexi-
time Is now in.the intensive care unit
and hope Is rapidly fading for Its sur-
vival. If however, this legislation Is
adopted extending the experiment for
4 months, there is at least the possibil-
ity that a formula can be found which
Is acceptable to the administration
and to the Federal employee unions,
which would enable the Congress to
continue flexitime on a permanent
basis.
I think that, given the fact that this
legislation went through the Senate
unanimously, I gather, yesterday, that
hopefully the House will approve It by
a comparably significant margin
today. Flexitime may not be perfect-
nothing in our world Is these days-
but I submit that it is the best thing to
have hit the Federal Government, at
least-In terms of its personnel policies,
since they started to serve apple pie In
the Federal cafeterias.
This is a program from which virtu-
-ally everyone who participates bene-
fits, and no one suffers. Over 300,000
Federal employees participated In the
flexitime experiment. Ninety percent
of those who did participate pro-
nounced themselves satisfied with it.
Eighty-five percent of the Federal
managers who were responsible for ad-
ministering the flexitime programs
said that it was a productive experi-
ment and that It in no way created
any problems for them in terms of
their ability to carry out the mission
for which they were responsible.
The administration has told us that
we could only continue flexitime If it
actually results in an improvement or
an increase In productivity, and it
seems to me that this reverses what
ought to be the burden of proof. I
think that as long as flexitime can
make the Job a little bit more attrac-
tive for the Federal employees who
participate In It, we ought to permit it,
so long as it does not result in a de-
crease In productivity.
Hopefully, if this bill passes today,
we will be able to find a way to address
the legitimate concerns of the admin-
istration, but enable the flexitime pro-
gram to continue. There is significant
and substantial evidence on the record
that flexitime has in fact resulted In
improvements In productivity; that it
has made the lives of a few hundred
thousand Federal employees and their
families a little bit easier by giving
them some flexibility in terms of the
hours in which they work, but at the
same time it has enabled the taxpay-
ers to make sure that they get a full
day's work for. a full day's pay. It has
also contributed marginally to reduc-
ing traffic congestion in cities where
there are substantial numbers of Fed-
eral employees. In some instances,
flexitime has actually extended the
number of hours In which Federal
agencies are open to the public, with-
out any additional personnel costs.
This is an experiment which has
proved Itself In a dozen different ways,
and it really would be unfortunate if
we let It die because of some quintes-
sentially bureaucratic objections
which have no relationship to reality.
So, I want to thank the gentlewom-
an from New York for giving me the
opportunity to speak and to congratu-
late her for her efforts to keep Federal
employees on flexitime. As the father
of this program, who Introduced the
legislation which authorized it a few
years ago, I have more than a passing
interest in the survival of this little
baby, and I appeal to my colleagues to
let the program continue so that it
does not die on March 29.
Mr. DERWINSKI. Mr. Speaker, will
the gentleman yield?
Mr. SOLARZ. I yield to my very
good friend, the senior statesman from
Illinois.
Mr. DERWINSKI. I wonder if the
gentleman wouk put on his other hat
111045
as a statesman and tell us, in all his
travels around the world, if any other
countries use flexitime.
Mr. SOLARZ. I have to confess to
my very good friend from Illinois that
on my various and intermittent trips
around the world that I have worked
so hard concentrating so hard on the
foreign policy problems that I go there
to find out about, that I have not had
the time to Inquire about flexitime.
So, I wish I could claim that this was a
universal experiment, but the truth is,
all I know about is what we have man-
aged to do with it here in the United
States.
Mr. DERWINSKI. It Is my impres-
sion the gentleman really does not
travel enough.
Mr. SOLARZ. Well, I would say that
coming from my distinguished friend,
in light of his recent experiences, I am
not sure that is an admonition I want
to take to heart.
Ms. FERRARO. Mr. Speaker, I
thank the gentleman for his state.
ment. I, too, like my colleague from Ill-
linois, would like to correct a few mis-
conceptions that occurred during the
final moments of the debate. My col-
leagues from North Carolina and
South Carolina seem to be under the
impression that this program Is not
used In the private sector. As a matter
of fact, since the early 1970's an in-
creasing number of private businesses
have adopted a variety of flexible
work schedules for employees. Tothy,
it Is estimated that nearly 10 million
full-time workers enjoy flexible work
schedules and compressed workweeks.
Those variations from the standard
fixed schedule, 8-hour workday,
evolved as a means of coping with
social change, particularly the dramat-
is Increase of women in the work force
and a desire on the part of all employ-
ees for a better accommodation be.
tween their working and personal
lives.
The second point made Is that
Walsh-Healey is not covered In this
legislation, for a very good reason.
This subcommittee has no jurisdiction
over that legislation. We have only ju-
risdiction over the Federal work force.
On the comment made by my col-
league from California that we several
weeks ago did bring the bill up, and
had hoped to have something by this
time, and he indicated his disappoint-
ment that we do not, let me also indi-
cate that I am disappointed that we do
not have a permanent authorization
for this program at this time, but It is
not for want or for lack of trying. As a
matter of fact, for the past 3'/a weeks
we have been negotiating with OPM,
and the administration has been abso-
lutely intransigent on moving any sort
of legislation.
Finally, let me say that I am delight-
ed that OPM has decided at this last
minute not to oppose the extension of
this legislation for 4 months. I would
hope that the two gentlemen men-
tioned by my colleague from Illinois,
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 111046
Approve dXD117 DDSU1$ ARDWO 5 0010 50M 23, 1982
the gentlemen from Virginia (Mr.
PARRIS and Mr. Wors), will work with
their colleagues and the administra-
tion so that we do move for permanent
authorization of this program in the
very near future.
p Mrs. HECKLER. Mr. Speaker, the
bill we are now considering, S. 2254,
extends until July 29, 1982, the Feder-
al Government's experiment in flexi-
time. During debate in this Chamber
on H.R. 5366, it was brought out that
this experimental program has pro-
duced successful results that have ex-
ceeded most expectations. A total of
300,000 Federal employees have par-
ticipated in the program, of whom 90
percent report that they are pleased
with the opportunities it provides. In
addition, a great majority of the Fed-
eral managers responsible for supervis-
ing these flexitime experiments ex-
press satisfaction with the results.
Flexitime represents an opportunity
to make the conditions of employment
easier for Federal employees that have
families-who are trying to balance
the demands of bringing up children
with those of fulfilling job responsibil-
ities, In circumstances in which both
parents are working, flexitime offers
an opportunity to meet both'demands,
thereby increasing the enjoyment not
only of family life but also job satis-
faction, with corresponding productiv-_
ity.
The Federal experience closely par-
allels private sector activity, where
employers have found that they bene-
fit from flexitime and that their em
ployees have more control over their
working lives. In particular, flexitime
reduces the conflicts between work
and personal needs. of working women.
In the private sector, over 10 million
workers in thousands of different
firms : enjoy flexible schedules and
compressed workweeks.
We need to enact this legislation
today, to insure that the authority to
continue the flexitime experiment will
not expire, thus ending one of the
most promising personnel innovations
in the history of the Federal Govern-
ment. I appeal to my colleagues on
both sides of the aisle to support this
legislation so that we can continue to
provide Federal employees with the
opportunities that this legislation
would make possible.v
p Mr. FORD of Michigan. Mr. Speak-
er, I rise in support of S. 2254.
Several weeks ago, whelt the com- rules and pass the Senate bill, S. 2254.
mittee bill-on flexible and compressed The question was taken,
work schedules (H.R. 5366) was consid- Mr. JOHNSTON. Mr. Speaker, on
ered by this body, I pointed out that if that I demand the yeas and nays.
we failed to enact legislation continu- The yeas and nays were ordered.
ing these popular programs, that fail- The SPEAKER pro tempore. Pursu-
ure would be due to first, the opposi. ant to clause 5, rule I, and the Chair's
tion of the administration which prior announcement, further proceed-
wants to remove initiation or terlnina- ings on this motion will be postponed.
tion of flexible schedules from the
bargaining table, and second, to at-
tempts in the other body to use the' GENERAL LEAVE
Federal employees' program as a vehi- Ms. FERRARO. Mr. Speaker, I ask
cle for enacting nongermane amend- unanimous consent that all Members
ments affecting the working hours of may have 5 legislative days within
some private sector employees. Sadly, which to revise and extend their re-
marks, and include extraneous materi-
al, on the Senate bill, S. 2254.
The SPEAKER pro tempore. Is
there objection to the request of the
gentlewoman from New York?
There was no objection.
01540
ANNOUNCEMENT BY THE
SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Debate
has been concluded on all motions to
suspend the rules.
Pursuant to the provisions of clause
5, rule I, the Chair will now put the
question on each motion oi) which fur-
ther proceedings were postponed in
the order in which that motion was
entertained.
Votes will be taken hi the following
order:
H.R. 5014, H.R. 4750, S. 146, S. 2166,
H.R. 4709, H.R. 2528, H.R. 5708, and S.
2254, all by the yeas and nays.
The Chair will reduce to 5 minutes
the time for any electronic votes after
the first such vote in this series.
EXTENDING THE LIFE OF THE
GATEWAY NATIONAL RECREA-
TION ADVISORY COMMISSION
The SPEAKER pro tempore. The
pending business is the question of
suspending the rules and passing the
bill, H.R. 5014.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The
question is on the motion offered by
the gentleman from Ohio (Mr. SaI-
BERLING) that the House suspend the.,
rules and pass the bill, H.R. 5014, on
which the yeas and nays are ordered.
The vote was taken by electronic
device, and there were-yeas 368, nays
30, not voting 35, as follows:
[Roll No. 32]
YEAS-368
Addabbo Bouquard DAmours
Akaka Bowen Daniel. Dan
Albosta Breaux Daniel, R. W.
Alexander Brinkley" Daschle
Anderson Brooks Daub
Andrews ... Broomfield Davis
Anthony
Applegate
Ashbrook
Aspin
Atkinson
AuCoin
Bafalls
Bailey (PA)
Barnard-
Barnes
Beard
Bedell
Beilcn.on
Benedict
Benjamin
Bennett
Bereuter
Bdthune
lievtll
Biaggi
Bingham
Blanchard
BIitey
Boland
Boiling
Boner
Bonior
Booker
Broyhill Deckard
Burgener Dellums
Burton, Phillip DeNardis
Butler Derwinski
Byron Dickinson
Campbell Dicks
Carman Dingell
Carney Dixon
Chappell Donnelly
Chappee Dorgan
Cheney Dowdy
Chisholm Downey
Clausen Duncan
Clay Dunn
Clinger Dwyer
Coelho Dymally
Coleman Dyson
Collins (IL) Early
Conable Edgar
Conte Edwards (AL)
Conyers Edwards (CA)
Corcoran English
Coughlin Erdahl
Courter Erlenborn
Coyne. James Evans (DE)
Coyne, William Evans (TA)
Craig Fary
Crockett Fascell
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permanent legislation is not before us
today for those very reasons.
Although the parties involved have
made good faith efforts to resolve
their differences, the administration
remains adamant that agency heads
must have unilateral authority to ter-
minate existing programs. The admin-
istration further insists that this au-
thority be totally nonreviewable. The
labor organizations, whose programs
and collective bargaining agreements
would. be threatened by such broad au-
thority, understandably object to the
administration position. Existing pro-
grams were entered into as a result of
collective bargaining and are covered
by applicable collective bargaining
.agreements. The law in effect when
these agreements were negotiated (as
interpreted by the Federal Labor Rela-
tions Authority) provides that any ter-
mination of these programs is subject
to negotiation. The administration
now wants Congress to pass a law per-
mitting agency heads to break these
negotiated agreements presumably to
bail the administration out of some
contracts it feels are not in its interest.
The administration wants Congress to
permit it to abrogate collective bar-
gaining agreements which are signed
and sealed.
So, what we have before us today is
a bill which would simply extend the
existing program for approximately 4
months. If the bill is enacted, these
programs will continue.
This morning, we learned the admin
istration is opposed not just to the leg-
islation reported earlier by the Com-
mittee on Post Office and Civil Serv-
ice, but also to S. 2254, a simple 4-
month extension, which could provide
a cooling-off period during which the
parties at odds perhaps could resolve
their differences. Now we hear they
support S. 2254. I am at a loss to un-
derstand the administration's earlier
opposition; unless, it really is not seri-
ous about continuing this program.
We on our side have done everything
we can to keep these programs going.
If a permanent program is not eventu-
ally enacted. Federal employees will
understand it is the administration
which is to blame for the loss of this
popular program.*
The SPEAKER pro tempore. The
question is on the motion offered by
the gentlewoman from New York (Ms.
FERRARO) that the House suspend the
 111052
Chappell
ipe1~Fo
Ilecklar App
Chapp:e
u
Heiner Quillen
Chisholm
hefted R.altall
CIaearn
Hertel Ralt.sback
Clay
Hightower Ratchford
Clinger
Hider Regula
Coats
Holland Reuss
Coelho
Iloltenbeck Richrnond
Coleiran
Holt . Rinaldo
Collins. (IL)
Hopkins Ritter
Conable
Horton Roberts (KS)
Conte
Howard Roberts (SD)
Conyers
foyer Robinson
Coughlin
Hubbard
Rodino
Courter
Huckaby
Roe
Coyne. James
Hughes
Rogers
Coyne, William
Hunter
Rose
Crockett
Hutto
Rosenthal
D'Amours
Ireland
Roth
Daniel, Dan
Jacobs
Roybal
Daniel, R. W.
Jeffords
Sabo
Daschle
Jenkins
Santini
Daub
Jones (NC)
Savago
Davis
Jones (OK)
tie Is Gal -."a
Jones (TN)
Scheirer
Derkard
IP:astenmeler
Schneider
Dv.ilunts
Kazin
Schroeder
DeNarclls
Kemp
Schumer
Dickinson
Kennelly
Selberling
Dicks
Kildee
Senscnbrenner
Dingell
Kogovsek
Shamansky
Dixon
Kramer
Shannon
Donnelly
LaFalce
Sharp
Dorgan
Iangomarstno
Shaw
Dowdy
Lantos
Shelby
Downey
Leach
Siljander
Dtmcan
Lee
Simon
Dunn
Lehman
Skeen
Dwyer
Leland
Skelton
Dymally
Levitaa
Smith (AL)
Dyson
Livingston
Smith (IA)
Early
Loeffler
Smith (NE)
Edgar
Long (LA)
Smith (NJ)
Edwards (AL)
Lott
Smith (PA)
Edwards (CA)
Lowery (CA)
Snowe
Emerson
Lowry (WA)
Solara
English
Lujan
Solomon
Erdahl
Luken
.Spence
Evans (DX.)
Lundine
St Germain
Evans (GA)
Madigan
Stanton
Evans (IA)
Markey
Stark
Fary
Staton
Fascell
Marriott
Stokes
F,10
Martin (NC)
Stratton
Fenwick
Martin (NY)
Studds
Ferraro
Matsul
Swift
Fledler
Mattox
Synar
Findley
Mavroules.
Tauke
Fish
Ma=011
Tattzin
Fithian
McCurdy
Trexler
Flippo
McGrath
Trible
Florio
McHugh
Udall
Foley
McKhtney
Vander Jagt
Ford all )
Mica
Vento
Ford (TN)
Mikulski
Volkmer
Forsythe
Miller (CA)
Walgren
Fountain
Mints
Wampler
Fowler
Minish.
Washington
Frank
Mitchell (MD)
Watkins
Frast.
Mitchell (NY). . . Waxman
Fuqua
Moffett Weaver
Garcia
Mollohan
Weber (MN) ..
Gaydos
Moore ,
Weber
(OH)
Gephardt
Morrison
,
Weiss.
Gibbons
Murphy
White
Gilman
Napier
Whitehurst
Gingrich
Natcher
Whitley
Ginn
Nelligan
Whittaker
Glickman
Nelson .
Whitten
Goldwater
Nichols ,
Williams (MT)
Gonzales
Nowak
Williams (OHS
Ooociling
O'Brien
Wilson
Gore
Oskar
Winn .
Gradisort
Oberstar
Wirth
Gray
Obey
Wolf
Crisham
Ottinger
Wolpe
Guartni
Panetta -
Wortley
Gunderson
Parris
Wright.
Haeedorn
Pittman
Wyden
Hail (OH)
Patterson
Wylie
Hall. Sent
Pease
Yates
Hamilton
Pepper
Yat ron
IIalnmersehmldt Perkins
Young (AK)
Hance
Petri
Young (Ft,)
Harkin
Peyser"
Young (MO)
Hartnett
Pickle
Zablocki
Hatcher
Porter
Zeferetti
Hawkins
Price
eleas 005/ 3L, IA-RDP92-00 NI 912-7
Dannemeyer Jacobs.
Archer Hansen (ID) Mottl Daschle Jeffords
Broyhill Hansen (UT) Myers Daub Jeffries
Burgener Ilillls Oxley Davis Jenkins
Carman Hyde Paul de la Garza Jones (NC)
Cheney Jeffries Rangel Dvekard Jones (OK) )
Collins (TX) Johnston Roomer Dellums Jones (TN)
Corcoran Latta Rousselot DeNardis Kastenmeter
Cttig Leath Rudd Denvhnskl Kazin
Crane. Daniel Lewis Shumway Dickinson Kemp
Crane, Philip Lungren Shuster Dicks Kennelly
Dannemeyer Martin (IL) Smith (OR) Dingell Kildee
De)winski McClory Snyder
Dixon Kogovsek
Dreier McDonald Stnngelnnd
Donnelly
Edwards (OK) McEwen Stenholm Dorgan
Erlenborn Michel Stump Dowdy
Fields Miller (OH) Taylor
Downey
Gramm Montgomery Thomas
Gregg Moorhead Walker Dreier
Duncan
NOT VOTING-38 Dunn.
Dwyer
tL,lnbrook Foglietta McDade Dymally
Bailey (MO) Gejdenson Molinari Edgar L(v(nilston
Boggs Green Murtha Edwards (AL) Loefiser
Brown (011) Hall. Ralph Neal Edwards (CA) Long (LA)
Burton, John Hendon Pashayan Edwards (OK) Long (MD)
Derrick Kindness Pursell Emerson Lott
Dornan Lelouttilter Rhodes- Erdahl Lowery (CA)
Dougherty Lent Rostenkowski Erlcnborn Lowry (WA)
Eckart Long (MD) Roukema Evans (DE) Lujan
Emery Marks Russo Evans (GA) Luken
Ertel McCloskey Schulze Evans (TA) Lundlne
Evans (IN) McCollum Fary Lungren
Mr, CARMAN changed his vote Fascia Madigan
Fazio Markey
" '
"
"
"
from
yea
to
nay. Fenwick
So (two-thirds having voted in favor Ferraro.
thereof) the rules were suspended and Fiedler
the billwas passed. Findley
. The result of the vote was an- Fithian
nounced as above recorded. Flippo
A motion to reconsider was laid on Florio
the table. Foley
Ford (MI)
EMERGENCY ALTERNATIVE
WORK SCHEDULE EXTENSION
The SPEAKER pro tempore. The
pending business is the question of
suspending the rules and passing the
Senate bill, S. 2254.
. The Clerk read the title of the
Senate bill.
The SPEAKER pro tempore. The
question is on the motion offered by
the gentlewoman from New York (Ms.
FERRARo) that the House suspend the
rules and pass the Senate bill, S.. 2254,
on which the yeas and nays are or-
dered.
The vote was taken by electronic
device, and there were-yeas, 361, nays
33, not-voting 39, as follows:
Addabtw
Akaka
Albosta
Alexander
Anderson
Andrews
Annunzio
Anthony
Applegate
Archer
Aspin
Atkinson
AuCoin
Bafalis
Bailey (PA)
Barnard
Barnes
Beard
Bedell
Beilcnson
Benedict
Benjamin
Bennett
Beteuter
[Roll No. 39)
YEAS-361
Bethune
Bevill
Biaggi
Binghatn
Blanchard
Bliley
Boland
Bolling
Boner
Bonior
Bonker
Boucruard
Bowen
Breaux
Brinkley
Brodhead
Brooks
Campbell
Carman
Carney
Chappie
Cheney
Chisholm
Clausen
Clay
Clinger
Coats
Coelho
Coleman
Collins (IL)
Conable
Conte
Conyers
Corcoran
Broomfield Courter
Brown (CA) Coyne, William
Brown (CO) Craig
Burgener Crane, Philip
Burton, Phillip' Crockett
Butler D'Amours
Byron Daniel, Dan
Ford (TN)
Fountain
Fowler
Frank
Frost
Fuqua
Garcia
Gaydos
Gephardt
Gilman
Gingrich .
Ginn
Glickman
Goldwater
Gonzalez
Goodllnk
Gore
Gradison
Gramm
Gray
Grlsham
Regula.
Reuss
Richmond
Rinaldo
Ritter
Roberts (KS)
Roberts (SD)
Robinson
Rodino
Roe
Rose
Rosenthal
Rousselot
Roybal
Kramer Stibo
LaFalce Santini
Lagotnarsino Savage
Lantos Sawyer
Leach Scheirer
Lee Schneider
Lehman Schroeder
Leland Schumer
Levitas Sciberling
Lewis Shamanky
Shannon
Sharp
Shaw
Shelby
Shunlway
Shuster
Slljander
Simon
Skeen
Skelton.
Smith (AL)
Smith (IA)
Smith (NE)
Marlenee Smith (NJ)
Marriott Smith (PA)
Martin (IL) Snowe
Martin (NC) Solar?,
Martin(NY) Soloman
Matsui Spence
Mattox St Germain
Mavroules ~Stangeland
Magzoli Stanton
McClory Stark
McCurdy Stenholm
McDonald Stokes
McEwen Stratton
McGrath Studds
McHugh Swift
McKinney Synar
Mica Tatike
Michel. Tauzln
Mikulski Taylor
Miller (CA) Thomas
Mineta Traxler
Mintsh Triblo.
Mitchell (MD) Udall
Mitchell(NY) VanderJagt
Moffett Yenta
Mollohan Volkmer
Moore Walgren
Moorhead Wampler
Morrison Washington
Motu Watkins
Guarint Napier
Gunderson Natcher
Hagedorn Nelligan
Hall (OH) Nelson
Hall, Ralph Nichols
Hamilton Nowak
Hanimerschmidt O'Brien
Hance Oakar
Hansen (ID) Oberstar
Hansen (UT) Obey
Harkin Ottinger
Hatcher Oxley
Hawkins Panetta
Heckler
Hefner
Ileftel
Hertel
Hightower
Biter
Holland
Ilollenbcck
Weber (MN)
1 Weber (OH)
Weiss
'_White'
Whitehurst
Whitley
Whittaker
Whitten.
Williams (NIT)
Williams (OR)
Wilson
Parris Wirth
Patman Wolf
Patterson Wolpe
Pease Wortley
Pepper Wright
Perkins Wyden
Petri Wylie
Halt Pickle
Horton Porter
Howard
iluckaby
Hughes
Hunter
Hutto
Hyde
Price
Pritchard
Quillen
Rahall
Rallsback
Ratchford
Young (AK)
Young (FL)
Young (MO)
7asblocki
Zeferetti
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C ;GR' ZONAL RECORD -- k- OUST March 23, 1982
 5 ? 6101
GOVLRNi'.iENT ORGANIZATION [34
pay period beginning after July 4, 1982 [see sec-
tion 306 of this note below].
[See main volume for text of sections 203 to 3061
Termination Date of 1982 Amendment. Pub.L
97-221, ? 5, July 23, 1982, 96 Stat. 234, as
amended Pub.L- 99-69, July 22, 1985, 99 Stat.
167? Pub.L 99-109, Sept. 30, 1985, 99 Stat. 482;
Qppb'>aveda @r ell seen 1O8/O
operations, and
"(B) termination of the schedule will not re-
sult in an increase in the cost of the agency
operations (other than a reasonable administra-
tive 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 tc, negotiation or to administrative review
(except as the President may provide) or to judi-
cial review.
Pub.L 99-140, Oct. 31, 1985, 99 Stat. 563, which
had provided that enactment of subchapter II of
this chapter (sections 6120 to 6133 of this title),
amendment of sections 3401 and 6106 of this title,
and enactment of provisions set out as notes under
this section and section 6106 of this title, should
not be in effect after Dec. 31, 1985, was repealed
by Pub-L. 99-196, Dec. 23, 1985, 99 Stat. 1350.
Short Title of 1982 Amendment. Pub.L 97-
221, ? 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':?"
Savings Provisions, 1982 Amendment- Pub.L
97-221, ? 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 Flexi-
ble and Compressed Work Schedules Act of 1978
(5 U.S.C. 6101 note) [set out as a note under this
section] in existence on the date of enactment of
this Act [July 23, 1982] shall be continued by the
"(bXl) 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 productiv-
ity of the agency or the level of services to the
"(2) If a schedule established pursuant to a
negotiated agreement is terminated under para-
graph (1), either the agency or the exclusive repre-
sentative concerned may, by written notice to the
other party within 90 days after the date of such
termination, initiate collective bargaining pertain-
ing to the establishment of another flexible or
compressed work schedule under subchapter II of
chapter 61 of title 5, United States Code [subchap-
ter II of this chapter], which would be effective
for the unexpired portion of the term of the
negotiated agreement."
Notes of Decisions
Administrative work week 5
5. Administrative work week
The 7-2, 7-2, 7-3 work schedule of security
guards at Army's arsenal, under which they had
work shifts of seven consecutive days, did not
violate statute stating that agency heads shall
require that hours of work within administrative
workweek be performed within a period of not
more than six of any seven consecutive days, since
the hours of work within each administrative
workweek were limited to no more than six con-
secutive days. Sanford v. Weinberger, C.A.Fed.
1985, 752 F.2d 636.
? 6103. Holidays
(a) The following are legal public holidays:'
New Year's Day, January 1.
Birthday-of Martin Luther King, Jr., the third Monday in Jan6ary.
[See main volume for text of remainder of (a); (b) and (c)]
(Ax amended Pub.L. 98-144, ? 1, Nov. 2, 1983, 97 Stat. 917.)
1983 Amendment Pub.L. 98-144 added item
relating to the birthday of Martin Luther King,
Jr., the third Monday in January.
Effective Date of 1983 Amendment. Section 2
of Pub.L. 98-144 provided that: "The amend-
ment made by the first section of this Act [amend-
ing this section] shall take effect on the fast
January 1 that occurs after the two-year period
following the date of the enactment of this Act
[Nov. 2, 1983]." .. . .
Law Review Commentaries
Nurturing American public theology. L. Mar-
tin Nussbaum, 16 Cumb-L.Rev. 53 (1985-86).
trative lcave, in accordance with rules delineated
thereunder. 1984, 63 Op.Comp.
CIA-RDP92-0045.5Rf00'~0
rk basis employees
? 6104- Holidays; ai y, ou I ,
Legislative History. For legislative history and
purpose of Pub.L. 96-54, see 1979 U.S. Code
Cong. and Adm. News, p. 931.
? 6106. Time clocks; restrictions
A recording clock may not be used to record time of an employee of an Executive
department in the District of Columbia, except that the Bureau of Engraving and
Printing may use such recording clocks.
(As amended Pub.L. 97-221, ? 6(a), July 23. 1982, 96 Stat. 234.)
D
1982 Amendment. Pub.L. 97-221 substituted
"District of Columbia, except that the Bureau of
Engraving and Printing may use such recording
clocks" for "District of Columbia".
Effective Date of 1982 Amendment. Section
6(b) of Pub.L. 97-221 provided that: "The
amendment made by this section [amending this
section] shall take effect October 1, 1982. Section
ate
5 of this Act (set out in the Termination
1982 Amendment note under section 6101 of this
title] shall not apply to the amendment made by
this section."
Legislative History. For legislative history and
purpose of Pub.L. 97-221, see 1982 U.S. Code
Cong. and Adm. News, p- 565.
SUBCHAPTER II-FLEXIBLE AND COMPRESSED WORK SCHEDULES :
1982 Amendment, Pub.L 97-221, ? 2(aX2),
July 23, 1982, 96 Stat. 227, added subchapter 11
heading as part of the enactment of sections 6120
to 6133 of this title. Section 5 of Pub.L 97-221,
as amended by 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, wi.ich
provided that amendments by Pub.L 97-221 shall
not be in effect after Dec. 31, 1985 was repealed
by Pub.L 99-190, ? 140, Dec- 19, 1985, 99 Stat.
1324.
? 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.
(Added Pub.L 97-221, ? 2(aX2), July 23, 1982, 96 Stat. 227.) d
n
Termination Date. Section 5 of Pub.L 97-221,
amended, n be in which
effect provided
31, 119985,1 was
after Dec. this
not was
repealed by Pub-L. 99-190, ? 140, Dec. 19, 1985,
99 Stat. 1324.
Legislative History. For legislative history a
purpose of Pub.L 97-221, see 1982 U.S. Code
Cong. and Adm. News, p. 565.
6121. Definitions
For purposes of this subchapter- de department, and the
(1) "agency" means any Executive agency, any military P
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 elected 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
1 a biweekly basic work require-
Notes of Decisions
2. Entities and persons subject to section
Employees stationed in City of Fairfax, Virginia
could properly be allowed holiday premium pay,
since they were entitled to Presidential inaugural
Federal Practice and Procedure holiday authorized by subset- (c) of this section.
District courts' and clerks' functions, see 1985, 64 Op.Comp.Gen. 679.
Wright & Miller: Civil ? 3081 et seq. . App>1owQ+dpFsgh I2?09f001t03 :
Mechanics of computing time, see Wright & to subset. (b) of this section, agencies nevertheless
Miller: Civil ? 1162. have discretion to grant such employees adminis-
(B) in the case of a part-time empoheduled for less than 10 workdays;
CIA-RDP924W, Rftb4W b6Y1 ' s
 (6) "overtime hours", when used with respect to flexible schedule programs
under sections 6122 through 6126 o h's i 1
hours in a day or 40 hours in a weep i e ffi'ci y o fl1 ie,"0'(ft
3
does not include credit hours;
(7) "overtime hours", when used with respect to compressed schedule pro-
grams 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-
(A) by section 7103(a)(12), (8), and (16) of this title, respectively, in the
case of any unit covered by chapter 71 of this title; and
(B) in the case of any other unit, by the corresponding provisions
applicable under the personnel system covering this unit.
(Added Pub.L. 97-221, ? 2(aX2), July 23, 1982, 96 Stat. 227.)
Termination Date. Section 5 of Pub.L. 97-221,
as amended, which provided that this section was
not to be in effect after Dec. 31, 1985, was
repealed by Pub.L. 99-190, ? 140, Dec. 19, 1985,
99 Stat 1324.
Legislative History. For legislative history and
purpose of Pub.- 97-221, see 1982 U.S. Code
Cong. and Adm. News, p. 565.
(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-
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 participat-
ing in a program 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-
(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.
(Added Pub.L. 97-221, ? 2(a)(2), July 23, 1982, 96 Stat. 228.)
Termination Date. Section S of Pub.L. 97-221, Library References
as amended, which provided that this section was United States 4-40.
not to be in effect after Dec. 31, 1985, was
repealed by Pub.- 99-190, ? 140, Dec. 19, 1985, C.J.S. United States ?? 38 to 40.
99 Stat. 1324.
Legislative History. For legislative history and
purpose of Pub.L. 97-221, we 1982 U.S. Code
(1) designated hours and days during which an employee on such a schedule
? 6123. Flexible schedules; computation of premium pay
(a) For purposes of determining compensation for overtime hours in the case
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
4107(e)(5) of title 38, section 7 of the Fair Labor Standards Act (29 U.S.C. 207),
CIA -R
( 1 mpll (ons -?or such overtime hours in accordance
(2) t e e employee a N a
with such provisions, as applicable.
(b) Notwithstanding the provisions of law referred to in subsection (a)(1) of this
section, an employee shall not be entitled to be compensated for credit hours worked
except to the extent authorized 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.
(c)(1) Notwithstanding section 5545(a) of this title, 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 for 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 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 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 worinclude any be paidesignated in hours under
such section 5545(a), premium pay shall for such so
designated.
(2) Notwithstanding section 5343(f) of this title, and section 4107(e)(2) 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 otherwise
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 between the hours specified in such
subsection.
(Added Pub.L. 97-221, ? 2(a)(2), July 23, 1982, 96 Stat. 228.)
References in Text. Section 7 of the Fair . repealed by Pub.L. 99-190, ? 140, Dec. 19, 1985,
Labor Standards Act, referred to in subset. (a)(l), 99 Stat. 1324.
is section 7 of Act June 25, 1938, c. 676, 52 Stat. Legislative History. For legislative history and
97-221X see 1982 U.S. Code
of Pub L
ose
1063, which is classed to section 207 of Title 29,
Termination Date. Section 5 of Pub.L. 97-221,
as amended, which provided that this section was
not to be in effect after Dec. 31, 1985, was
.
purp
Cong. and Adm. News, p. 565.
Library References
United States 4=39(5).
C.J.S. United States ?? 17, 46.
d 6104 of this title, if any employee on a flexible
6103
an
Notwithstanding sections
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 parttime
employee, an appropriate portion of the employee's biweekly basic work requirement
as determined under regulations prescribed by the Office of Personnel Manage-
ment).
(Added Pub.L. 97-221, ? 2(aX2), July 23, 1982, 96 Stat. 229.)
whether or not irregular or occasional in nature and notwithstanding ~th P s7,- 21 not to be in effect after Dec. 31, 1985, was
provisions of sections 5542(a), 5543(a)(k] . f'44ri6?rCi).r~it$65ROICtiAlp~lt9Qbt l f03 CIA-I~f91b n-, ,~WQY G>i U,2-7
as amend t
 repealed by Pub.L. 99-19U, ? 140, Dec. 19, 1985, Legislative History. For legislative history and
99 Stat. 1324. #duk.We
? 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.
(Added Pub.L. 97-221, ? 2(aX2), July 23, 1982, 96 Stat. 229.)
.Termination Date. Section 5 of Pub.L. 97-221,
as amended, which provided that this section was
not to be in effect after Dec. 31, 1985, was
repealed by Pub.L. 99-190,? 140,.Dec. 19, 1985,
99 Stat. 1324.
Legislative History. For legislative history and
purpose of Pub.L. 97-221, see 1982 U.S. Code
Cong. and Adm. News, p. 565.
? 426. 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 for-
(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.
(Added Pub.L. 97-221, ? 2(aX2), July 23, 1982, 96 Stat. 230.)
Termination Date. Section 5 of Pub.L. 97-221, Legislative History. For legislative history and
as amended, which provided that this section was purpose of Pub.L. 97-221, see 1982 U.S Code
not to be in effect after Dec. 31, 1985, was Cong. and Adm. News, p. 565.
repealed by Pub.L. 99-190, ? 140, Dec. 19, 1985,
99 Stat. 1324.
? 6127. Compressed schedules; agencies authorized to use
(a) Notwithstanding section 6101 of this title, each agency may establish pro-
grams which use a 4-day workweek 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 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-
(1) 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.
(Added Pub.L. 97-221, ? 2(aX2), July 23, ARg[t d For Release 2005/08/03
m loo Date. Section 5 of Pub.L. 97-221, Library. References
05) 012'ted States''40.
GI~92-"4d5P0 1VP
, was rot to be in effect after Dec. 40 Dec 1 , was
repealed by Pub.L. 99-190 90, ? 9, 1985, C.J.S. United States ?? 38 to 40.
99 Stat. 1324.
Legislative History. For legislative history and
purpose of Pub.L. 97-221, see 1982 U.S. Code
Cong. and Adm. News, p. 565.
? 6128. Compressed schedules; computation of premium pay
(a) The provisions of sections 5542(a), 5544(a), and 5550(2) of this title, section
4107(e)(5) of title 38, section 7 of the Fair Labor 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 com-
pressed 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 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-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 t.tte.
(d) Notwithstanding section 5546(b) of this title, an employee on a compressed
schedule who performs work on a holiday designated by Federal statutteor Execu-
tive 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 the provisions of section 7 of the Fair Labor
Standards Act (29 U.S.C. 207) whichever provisions are more beneficial to the
employee.
(Added Pub.L. 97-221, ? 2(a)(2), July 23, 1982, 96 Stat. 230.)
References in Text. ' Section 7 of the Fair repealed by Pub.L. 99-190, 1'140, Dec. 19, 1985,
Labor Standards Act, referred to in subsets. (a) 99 Stat. 1324. .
and (d), is section 7 of Act June 25, 1938, c. 676, ' Legislative History. For legislative history and
52 Stat. 1063, which is classified to section 207 of purpose of Pub.L. 97-221, see 1982 U.S. Code
Title 29, Labor. Cong. and Adm. News, p. 565.
Termination Date, Section 5 of Pub.L. 97-221, Library References
as amended, which provided that this section was . United States 6=39(5).
not to be in effect after Dec. 31, 1985, was C.J.S. United States ?? 17, 46.
? 6129. Administration of leave and retirement provisions
For purposes of administering sections 6803(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).
(Added Pub.L. 97-221, ? 2(a)(2), July 23, 1982, 96 Stat. 231.)
Termination Date. Section 5 of Pub.L. 97-221, Legislative History. For legislative history and
as amended, which provided that this section was ' purpose
and Adm. New-221,5 see 1982 U.S. Code
not to be in effect after Dec. 31, 1985, was
repealed by Pub.L. 99-190, ? 140, Dec. 19, 1985,
99 Stat. 1324.
6130. Application of programs in the case of collective bargaining agreements
CIA-F&JR~ tt0AMRQOQILQO050O4lt7epresented by an exclusive representa-
tive, any flexible or compressed work schedule, and the establishment and termi-
 nation of any such schedule, shall be subject to the provisions of this subs ~~~~~~gg~ kk~~
the terms of a collective bargaining agreetP} PdWt d t idhCg 69t~ fil16/0
representative.
(2) Employees within a unit represented by an exclusive representative shall not
be included within any program under this subchapter except to the extent expressly
provided under a collective 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.
(Added Pub.L. 97-221, ? 2(aX2), July 23, 1982, 96 Stat. 231.)
Termination Date. Section 5 of Pub.L. 97-221,
as amended, which provided that this section was
not to be in effect after Dec. 31, 1985, was
repealed by Pub.- 99-190, ? 140, Dec. 19, 1985,
99 Stat. 1324.
Legislative History. For legislative history and
purpose of Pub.L. 97-221, see 1982 U.S. Code
Cong. and Adm. News, p. 565.
? 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
(2) continue such schedule, if the schedule has already been established.
(b) For purposes of this section, "adverse agency impact" means-
(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 establishing a flexible or com-
pressed schedule).
(c)(1) This subsection shall apply in the case of any schedule covering employees
in a unit represented by an exclusive representative.
(2)(A) If an agency and an exclusive representative reach an impasse in collective
bargaining with respect to an agency determination under subsection (a)(1) not to
establish a flexible or compressed 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.
(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 termina'tdd uond For. Release 2005/08/03
r~ a ,g c,~- schedule is renegotiated or expires or termi-
Cl~a~s 'aM~~1+tHsb141i~e~tr7ent; or
(ii) 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.
(Added Pub.L 97-221, ? 2(a)(2), July 23, 1982, 96 Stat. 231.)
Termination Date. Section 5 of Pub.L. 97-221,
as amended, which provided that this section was
not to be in effect after Dec. 31, 1985, was
repealed by Pub.L. 99-190, ? 140, Dec. 19, 1985,
99 Stat. 1324.
Legislative History. For legislative history and
purpose of Pub.L. 97-221, see 1982 U.S. Code
Cong. and Adm. News, p. 565.
? 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 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 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(b)(2) of this ttle.
(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).
(Added Pub.L 97-221, ? 2(ax2), July 23, 1982, 96 Stat. 232.)
Termination Date. Section 5 of Pub.L. 97-221Library References
as amended, which provided that this section was Labor Relations e=395.1.
not to be in effect after Dec. 31, 1985, was
repealed by Pub.L. 99-190, ? 140, Dec. 19, 1985, CJ.S. Labor Relations ?? 341, 346.
99 Stat. 1324.
Legislative History. For legislative history and
purpose of Pub.L. 97-221, see 1982 U.S. Code
Cong. and Adm.. News, p. 565.
? 6133. Regulations; technical assistance; program review
(a) The Office of Personnel Management shall prescribe regulations necessary for
the administration of the programs established under this subchapter.
(b)(1) The Office shall provide educational material, and technical aids and assist-
ance, 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
CL b> R92 6SR000100050012-7
(Added Pnh.L. 97-221, 4 2(a)(2), July 23, 1982, 96 Stat. 233.)
 Subchapter 1. Part-Time Career E2 i? ' nt
Approved For Release 2005/08/03 : CIA-RDP92-00455R0001 -
d. Limitations. (1) 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 (5 U.S.C. 3403(a)).
This does not preclude permitting a full-time employee
to voluntarily change to a part-time schedule.
(2) Any person who is employed on a full-time basis
shall not be required to accept part-time employment as
a condition of continued employment (5 U.S.C.
3403(b)). This limitation does not preclude offering a
part-time vacancy to a full-time employee in lieu of
RIF separation.
e. Evaluation and reporting. The Act requires an
agency to provide for continuing review and evaluation
of its part-time employment program. This may be
accomplished by including a review of part-time em-
ployment as part of internal personnel management
evaluations. The Act also requires an agency to report
progress under the Act to the Office of Personnel Man-
agement twice yearly. Reports are due May 15 for the
period October 1-March 31 and November 15 for the
period April 1-September 30. One report covering all
agency components shall be submitted to the Office of
Personnel Management, Staffing Group, Office of Pol-
icy Analysis and Development, 1900 E Street, N.W.,
Washington, D.C. 20415.
Reports shall contain:
-Description of agency progress in meeting part-
time employment goals established under 5
U.S.C. 3402. Identify the annual agencywide
goal set for establishing or converting (addi-
tional) part-time positions and the percentage
of the goal achieved as of the end of the report-
ing period.
-Explanation of any impediments encountered in
meeting such goals or otherwise carrying out
the provisions of the Act and a description of
the measures taken to overcome such
impediments.
-Information on the extent to which opportunities
for part-time employment have been extended
to students and parents with family respon-
sibilities. OPM will continue to compile data
from the Central Personnel Data File (CPDF)
on the extent to which opportunities for part-
time employment have been extended to other
groups mentioned in section 2 of the Act, i.e.,
handicapped and older individuals.
-Copies of any agencywide regulations or instruc-
tions on part-time employment issued during
the 6-month period covered by the report.
1-4. WORK SCHEDULE/TOUR OF DUTY
a. Regular schedule. To be considered part time for
purposes of this subchapter, an employee must have a
regular schedule, set in advance, of at least 1 hour in
each administrative workweek in each biweekly pay
period except as provided in 5 CFR 610.111(d) for
employees on flexible and compressed work
schedules.
b. Tour of duty. A tour of duty consists of the hours
of a day and the days of an administrative workweek
that constitute an employee's regularly scheduled
workweek. The tour of duty for a part-time employee
must be no less than 16 and no more than 32 hours per
week except as provided in section 1-2. The tour of
duty for a part-time employee on a flexible or com-
pressed work schedule (see FPM chapter 610) may be
set on the basis of from 32 to 64 hours per pay period. A
tour of duty is documented on the SF 50, Notification
of Personnel Action.
c. New or changed tour of duty. Agencies may
establish a new tour of duty for a part-time employee or
temporarily change a current tour to meet the needs of
the office or the employee. A change must be made in
advance of the administrative workweek in which the
change is to occur and must be approved by an autho-
rizing official. (See FPM supplement 296-33, sub-
chapter 24, for information on when an SF 50 is
required.) An increase in the tour of duty above 32
hours per week is not permitted for more than two
consecutive pay periods in keeping with congressional
intent to limit regular part-time work schedules to no
more than 32 hours per week.
d. Change to full-time work schedule. It is contrary
to merit principles to appoint an individual to work part
time with the intent to convert the employee to full time
after a brief interval. Unexpected increases in work-
load may, however, require an agency to change the
work schedule of a part-time employee to full time on
either a short term (i.e., not to exceed a certain date) or
permanent basis. If the change would be a hardship to
the employee, for example, by affecting the em-
ployee's health or disrupting school or child care ar-
rangements, the agency should first determine if there
are other ways to accomplish the added work within
available resources. If the change is temporary, the not-
to-exceed date should be specified in the SF-50
remarks.
e. Part-time employment before April 8, 1979. An
individual who has been employed on a part-time
permanent basis without a break in part-time service
Inst. 319
Federal Personnel Manual March 12, 1985
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pay period beginning after July 4, 1982 [sec t
tion 306 of this note below]. operations, and
(See main volume for text of sections 203 to 3061
Te:mination Date of 1982 Amendment. Pub.L.
97-221. ? 5, July 23, 1982, 96 Slat. 234, as
amended Pub.L_ 99-69, July 22, 1985, 99 Slat.
167; Pub.L 99-109, Sept. 30, 1985, 99 Slat. 482;
Pub.L. 99-140, Oct. 31, 1985, 99 Sat. 563, which
had provided that enactment of subchapter 11 of
this chapter (sections 6120 to 6133 of this title).
amendment of sections 3401 and 6106 of this title,
and enactment of provisions set out as notes under
this section and section 6106 of this title, should
not be in effect after Dec. 31, 1985, was repealed
by Pub.L 99-196, Dec. 23, 1985, 99 Slat. 1350.
Short Title of 1982 Amendment. Pub.L. 97-
221. ? 1, July 23, 1982. 96 Slat. 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';'
Savings Provisions; 1982 Amendment- Pub,L
97-221, ? 4, July 23, 1982, 96 Slat. 234, provided
that:
"(a) Except as provided in subsection (b), each
flexible or compressed work schedule established
by any agency under the Federal Employees Flexi-
ble and Compressed Work Schedules Act of 1978
(5 U.S.C. 6101 note) [set out as a note under this
section) 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 productiv-
ity of the agency or the level of services to the
`(B) termination of the schedule will not re-
sult in an increase in the cost of the agency
operations (other than a reasonable administra-
tive 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 judi-
cial review.
"(2) If a schedule established pursuant to a
negotiated agreement is terminated under para-
graph (1), either the agency or the exclusive repre-
sentative concerned may, by written notice to the
other party within 90 days after the date of such
termination, initiate collective bargaining pertain-
ing to the establishment of another flexible or
compressed work schedule under subchapter It of
chapter 61 of title 5, United States Code (subchap-
ter II of this chapter), which would be effective
for the unexpired portion of the term of the
negotiated agreement."
Notes of Decisions
Administrative work week 5
5. Administrative work week
The 7-2, 7-2, 7-3 work schedule of security
guards at Army's arsenal, under which they had
work shifts of seven consecutive days, did not
violate statute stating that agency heads shall
require that hours of work within administrative
workweek be performed within a period of not
more than six of any seven consecutive days, since
the hours of work within each administrative
workweek were limited to no more than six con-
secutive days- Sanford v. Weinberger, C.A.Fed.
1985, 752 F.2d 636.
? 6103. Holidays
(a) The following are legal public holidays:
New Year's Day, January 1.
Birthday of Martin Luther King, Jr., the third Monday in Jan{tary.
[See main volume for text of remainder of (a); (6) and (c)]
(As amended Pub.L. 98-144, ?. 1, Nov. 2, 1988, 97 Stat. 917.)
1983 Amendment. Pub.L 98-144 added item
relating to the birthday of Martin Luther King,
Jr., the third Monday In January.
Effective Date of 1983 Amendment. Section 2
of Pub.L. 98-144 provided that: "The amend-
meat made by the first section of this Act [amend-
ing this section] shall take effect on the first
January 1 that occurs after the two-year period
following the date of the enactment of this Act
[Nov. 2, 1983]."
Law Review Commentaries
Nurturing American public theology. L. Mar-
tin Nussbaum, 16 Cumb.L.Rev. 53 (1985-86).
,(;,live lc.,ve, in accordance with rules delineated
tl . 1984, 63 Op.Comp.Gcn. 306.
IA-~re42-00455R000100050012-7
? 6104. holidays; daily, hourly, and piece-work basis employees
Legislative lllstory. For legislative history and
purpose of Pub.L. 96-54, see 1979 U.S. Code
Cons. and Adm. News, p. 931.
? 6106. Time clocks; restrictions
A recording clock may not be used to record time of an employee of an Executive
department in the District of Columbia, except that the Bureau of Engraving and
Printing may use such recording clocks.
(As amended Pub.L. 97-221, ? 6(a), July 28, 1982, 96 Stat- 234.)
1982 Amendment. Pub.L. 97-221 substituted 5 of this Act [set out in the Termination Date of
"District of Columbia, except that the Bureau o19e] Amendment applyte uthesection amendment t made bry
Engraving and Printing may use such recording this section."
clocks" for "District of Columbia".
Effective Date of 1982 Amendment. Section Leglelatlve History. For legislative history and
ameendment made by this section [amennd ding this purpose of Pub. 97-221 provided t "are urP?u of Pub.L 97-221, see 1982 U.S. Code
me
section] shall take effect October 1, 1982. Section Cong. and Adm. News, p..565.
SUBCHAPTER II-FLEXIBLE AND COMPRESSED WORK SCHEDULES ?
1982 Amendment. Pub.L 97-221, ? 2(aX2),
July 23, 1982, 96 Slat. 221, added subchapter II
heading as part of the enactment of sections 6120
title.
to 6133 of this as amended by 99-69. July 22, 19S5. x99 Slat. 167;
Pub.L. 99-109, Sept- 30, 1985, 99 Slat. 482; Pub.
L. 99-140, Oct 31, 1985. 99 Stat. 563, wt.ich
provided that amendments by Pub.L. 97-221 shall
not be in effect after Dec. 31, 1985 was repealed
Dec. s, 99 Slat-
by Pub.L 99-190, ?
1324.
? 6120. Purpose
s that the use of flexible and compressed work schedules has
The Congress find
the potential to improve productivity in the Federal Government and provide greater
service to the public.
(Added Pub.L. 97-221, ? 2(aX2), July 23, 1982, 96 Stat- 227.) d
Termination Date. Section 5 of Pub.L. 97-221,
as amended, which provided that this section was
not to be in effect after Dec. Dec 1185, was
repealed by Pub.L. 99-190, ? 140, 1995.
99 Slat. 1324-
6121. Definitions
Legislative History. For legislative history an
purpose of Pub.L. 97-221, see 1982 U.S. Code
Cons. and Adm, News, p. 565.
For purposes of this subchapter- an military department, and the
(1) "agency" means any Executive agency, any
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 length work
requirement and which the employee elected to work so as to vary the 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 basic in the case of a part-time employee
is soc biweeklys less than iorworkdays;
-RDP92-01Q5RAt4hOAg0WS0
Notes of Decisions
2. Entities and persona subject to section
Employees stationed in City of Fairfax, Virginia
could properly be allowed holiday premium pay,
since they were entitled to Presidential inaugural
Federal Practice and Procedure holiday authorized by subsec. (c) of this section.
District courts' and clerks' functtons Ar rOV r~a679 QjJt: CI
Wright do Miller. Civil ? 3081 et seq. 8 P m'P y
Mechanics of computing time, see Wright & to subsec. (b) of this section, agencies nevertheless
Miller: Civil ? 1162. have discretion to grant such employees adminis-