5 USC § 3405 - Nonapplicability

---
identifier: "/us/usc/t5/s3405"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 3405 - Nonapplicability"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "3405"
section_name: "Nonapplicability"
chapter_number: 34
chapter_name: "PART-TIME CAREER EMPLOYMENT OPPORTUNITIES"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, § 3395; renumbered § 3405 and amended Pub. L. 95–454, title IX, § 906(c)(1)(B), (2)(C), Oct. 13, 1978, 92 Stat. 1226, 1227; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(D)], Nov. 5, 1990, 104 Stat. 1427, 1441.)"
---


# § 3405. Nonapplicability

**(a)** If, on the date of enactment of this chapter, there is in effect with respect to positions within an agency a collective-bargaining agreement which establishes the number of hours of employment a week, then this chapter shall not apply to those positions.

**(b)** This chapter shall not require part-time career employment in positions the rate of basic pay for which is fixed at a rate equal to or greater than the minimum rate payable under section 5376.

---

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

## Editorial Notes

### References in Text

The date of enactment of this chapter, referred to in subsec. (a), is the date of the enactment of , which was approved .

### Amendments

1990—Subsec. (b).  substituted “payable under section 5376” for “fixed for GS–16 of the General Schedule”.

1978—, renumbered  as this section.

Subsecs. (a), (b). , substituted “chapter” for “subchapter” wherever appearing.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1990 Amendment

Amendment by  effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as a note under .

### Effective Date of 1978 Amendment

Amendment by  effective 90 days after , see , set out as a note under .