5 CFR § 351.301 - Applicability.
---
identifier: "/us/cfr/t5/s351.301"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 351.301 - Applicability."
title_number: 5
title_name: "Administrative Personnel"
section_number: "351.301"
section_name: "Applicability."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "351"
part_name: "REDUCTION IN FORCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1302, 3502, 3503; E.O. 14284, 90 FR 17729; 5 CFR 2.2(c). Sec. 351.801 also issued under E.O. 12828, 58 FR 2965."
regulatory_source: "51 FR 319, Jan. 3, 1986, unless otherwise noted."
cfr_part: "351"
---
# 351.301 Applicability.
(a) This subpart is applicable when the work of one or more employees is moved from one competitive area to another as a transfer of function regardless of whether or not the movement is made under authority of a statute, Executive order, reorganization plan, or other authority.
(b) In a transfer of function, the function must cease in the losing competitive area and continue in an identical form in the gaining competitive area (*i.e.,* in the gaining competitive area, the function continues to be carried out by competing employees rather than by noncompeting employees).
[52 FR 10024, Mar. 30, 1987, as amended at 60 FR 3062, Jan. 13, 1995]