6 CFR § 158.901 - Federal employee rights and processes.

---
identifier: "/us/cfr/t6/s158.901"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "6 CFR § 158.901 - Federal employee rights and processes."
title_number: 6
title_name: "Domestic Security"
section_number: "158.901"
section_name: "Federal employee rights and processes."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY"
part_number: "158"
part_name: "CYBERSECURITY TALENT MANAGEMENT SYSTEM (CTMS)"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430."
regulatory_source: "86 FR 47893, Aug. 26, 2021, unless otherwise noted."
cfr_part: "158"
---


# 158.901 Federal employee rights and processes.

(a) *Adverse actions:* Nothing in this part affects the rights of CS employees under 5 U.S.C. Chapter 75, 5 U.S.C. 4303, and 5 CFR parts 432 and 752.

(b) *Reductions in force.* The provisions of 5 U.S.C. Chapter 35, Subchapter I and 5 CFR part 351 regarding reductions in force apply to talent management actions taken under this part.

(c) *Redress with third parties.* Nothing in this part affects the rights, as provided by law, of a DHS-CS employee to seek review before a third party of a talent management action taken under this part involving that employee, including seeking review before the:

(1) Equal Employment Opportunity Commission, regarding discrimination under Federal anti-discrimination laws;

(2) Merit Systems Protection Board, regarding matters such as adverse actions under 5 U.S.C. Chapter 75 or Chapter 43 and individual rights of action under 5 U.S.C. Chapter 12;

(3) Office of Special Counsel, regarding matters such as whistleblower retaliation and other prohibited personnel practices under 5 U.S.C. 2302 and the Hatch Act (5 U.S.C. 7321 *et seq.*); and

(4) Department of Labor, regarding matters covered by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 *et seq.*).

(d) *Back pay.* Back pay remains available under 5 U.S.C. 5596 and 5 CFR part 550, subpart H, for unjustified or unwarranted talent management actions.