Code of Federal Regulations Title 5 - Administrative Personnel
Title 5 of the Code of Federal Regulations (CFR), titled "Administrative Personnel," is one of the 50 titles that codify the general and permanent rules published by the executive departments and agencies of the U.S. Federal Government. As its name suggests, Title 5 is the primary source for regulations concerning the employment and management of the federal workforce.
It is a comprehensive body of rules that governs a vast array of topics related to federal civil service.
Key Agencies and Organizations within Title 5:
Title 5 is structured into numerous chapters, each generally corresponding to a specific agency or board responsible for issuing regulations related to administrative personnel. The most prominent agencies include:
Chapter I: Office of Personnel Management (OPM): This is the largest and most significant chapter, as OPM is the central human resources agency for the federal government. OPM's regulations cover the vast majority of federal employees and programs.
Chapter II: Merit Systems Protection Board (MSPB): This independent agency protects federal merit systems and employees from prohibited personnel practices. Its regulations cover appeals, disciplinary actions, and other employee protections.
Chapter III: Office of Management and Budget (OMB): While OMB's primary role is budget and management, it also issues regulations related to personnel management and government efficiency.
Chapter VI: Federal Retirement Thrift Investment Board (FRTIB): This board administers the Thrift Savings Plan (TSP), a retirement savings and investment plan for federal employees.
Chapter VIII: Office of Special Counsel (OSC): The OSC protects federal employees from prohibited personnel practices, especially whistleblower retaliation.
Chapter XVI: Office of Government Ethics (OGE): OGE provides leadership and guidance to the executive branch on preventing conflicts of interest and ensuring ethical conduct among federal employees.
Other Agencies: Numerous other federal agencies have their own chapters within Title 5, covering administrative personnel matters specific to their operations, though often under the broader framework set by OPM. Examples include various departments (e.g., Treasury, Defense, Justice, Energy, Interior, Homeland Security) and independent agencies (e.g., Federal Deposit Insurance Corporation, Federal Communications Commission, Federal Labor Relations Authority, Securities and Exchange Commission, Environmental Protection Agency, National Aeronautics and Space Administration).
What does CFR Title 5 cover?
The regulations in Title 5 cover a wide range of topics central to federal employment, including but not limited to:
Civil Service Rules and Concepts:
Definitions and basic concepts of federal employment.
Competitive and excepted service.
Veteran preference.
Merit system principles and prohibited personnel practices.
Recruitment, Hiring, and Placement:
Application processes and examinations.
Qualifications and appointments.
Probationary periods.
Promotions, reassignments, and transfers.
Special hiring authorities (e.g., for veterans, individuals with disabilities).
Pay and Leave:
General Schedule (GS) and Federal Wage System (FWS) pay systems.
Locality pay, special rates, and pay limitations.
Overtime, compensatory time, and premium pay.
Annual leave, sick leave, family and medical leave, and other forms of leave.
Leave transfer programs.
Holiday pay and work schedules.
Performance and Conduct:
Performance management and appraisal systems.
Adverse actions (e.g., suspensions, demotions, removals) and disciplinary procedures.
Employee grievances and appeals.
Sexual harassment and other forms of discrimination.
Political activity (Hatch Act).
Ethics and Financial Disclosure:
Standards of ethical conduct for executive branch employees.
Financial disclosure requirements for certain positions.
Rules on conflicts of interest, gifts, and outside activities.
Employee Benefits and Retirement:
Federal Employees Retirement System (FERS) and Civil Service Retirement System (CSRS).
Thrift Savings Plan (TSP) regulations.
Federal Employees Health Benefits (FEHB) program.
Federal Employees' Group Life Insurance (FEGLI) program.
Long Term Care Insurance.
Workers' compensation.
Training and Development:
Policies for employee training, education, and development.
Reductions in Force (RIF):
Procedures and rules for agency reductions in force, including retention standing and severance pay.
Privacy and Records:
Rules regarding personnel records and employee privacy (Privacy Act).
Freedom of Information Act (FOIA) procedures specific to personnel information.
Where to find CFR Title 5:
Electronic Code of Federal Regulations (eCFR): This is the most current and frequently updated online version of the CFR, though it is not the official legal edition. It is continuously updated.
GovInfo (U.S. Government Publishing Office - GPO): Provides the official, annually updated PDF versions of the CFR.
Legal Information Institute (LII) at Cornell Law School: Offers a user-friendly browseable version of the CFR.
Anyone involved with federal employment, whether as an employee, agency HR professional, or legal counsel, relies heavily on Title 5 of the CFR for guidance and compliance.
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