5 C.F.R. § 293.311

Availability of information

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(a) The following information from both the OPF and employee performance file system folders, their automated equivalent records, and from other personnel record files that constitute an agency record within the meaning of the FOIA and which are under the control of the Office, about most present and former Federal employees, is available to the public:

(1) Name;

(2) Present and past position titles and occupational series;

(3) Present and past grades;

(4) Present and past annual salary rates (including performance awards or bonuses, incentive awards, merit pay amount, Meritorious or Distinguished Executive Ranks, and allowances and differentials);

(5) Present and past duty stations (includes room numbers, shop designations, or other identifying information regarding buildings or places of employment); and

(6) Position descriptions, identification of job elements, and those performance standards (but not actual performance appraisals) that the release of which would not interfere with law enforcement programs or severely inhibit agency effectiveness. Performance elements and standards (or work expectations) may be withheld when they are so interwined with performance appraisals that their disclosure would reveal an individual's performance appraisal.

(b) The Office or agency will generally not disclose information where the data sought is a list of names, present or past position titles, grades, salaries, performance standards, and/or duty stations of Federal employees which, as determined by the official responsible for custody of the information:

(1) Is selected in such a way that would reveal more about the employee on whom information is sought than the six enumerated items, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or

(2) Would otherwise be protected from mandatory disclosure under an exemption of the FOIA.

(c) In addition to the information described in paragraph (a) of this section, a Government official may provide other information from these records (or automated equivalents) of an employee, to others outside of the agency, under a summons, warrant, subpoena, or other legal process; as provided by the Privacy Act (5 U.S.C. 552a(b)(4) through (b)(11)), under those Privacy Act routine uses promulgated by the Office, and as required by the FOIA.

Notes of Decisions
Cited in 23 cases (7 in the last 5 years), 1989–2026 · leading case: SAI v. Transp. Sec. Admin., 315 F. Supp. 3d 218 (D.C. Cir. 2018).
SAI v. Transp. Sec. Admin., 315 F. Supp. 3d 218 (D.C. Cir. 2018). · cites it 4× “Before applying these standards, however, the Court first addresses Sai's threshold contentions that the TSA's privacy redactions were improper because (1) disclosure was required under 5 C.F.R. § 293.311 ; (2) the redacted names and contact information were already known to…”
Comm'n on Peace Officer Standards & Training v. Superior Court, 165 P.3d 462 (Cal. 2007). · cites it 2× “( 5 C.F.R. § 293.311 (2007).) [6] The public's legitimate interest in the identity and activities of peace officers is even greater than its interest in those of the average public servant.”
Int'l Fed'n of Prof'l & Technical Engineers, Local 21 v. Superior Court, 165 P.3d 488 (Cal. 2007). · cites it 2× “( 5 C.F.R. § 293.311 (2007).) The Court of Appeal in the present case, undertaking a review of case law from other jurisdictions, observed that "disclosure of public employee names and salaries is overwhelmingly the norm.”
Leadership Conf. on Civil Rights v. Gonzales, 404 F. Supp. 2d 246 (D.D.C. 2005). “The Court can find no privacy interest associated with the agency paralegals and their involvement with communications about plaintiffs FOIA requests.”
Parker v. United States Dep't of Just., 986 F. Supp. 2d 30 (D.D.C. 2013). · cites it 4× “However, Office of Personnel Management Regulation 5 C.F.R. § 293.311 (a)(l)-(2), (a)(4) provides for the release to the public of a person’s name, *37 present and past position titles, and present and past annual salary rates.”
Tripp v. Dep't of Def., 193 F. Supp. 2d 229 (D.D.C. 2002). “While review of the article in question reveals only basic information such as “[p]osition descriptions, identification of job elements, and those performance standards (but pot actual performance appraisals),” the release of which regularly occurs pursuant to FOIA, 5 C.F.R. §…”
Barvick v. Cisneros, 941 F. Supp. 1015 (D. Kan. 1996). “See 5 C.F.R. § 293.311 (1996) (following information about government employees available to public: name, present and past job titles, present and past grades, present and past salary, present and past duty stations, and present and past salary); 24 C.”
Mauras v. United States, 82 Fed. Cl. 295 (Fed. Cl. 2008). “A at 1,112; see also 5 C.F.R. § 293.311 . The Settlement Agreement also contained no provisions for monetary or other relief or for dispute resolution in the event of a breach by one of the parties.”
Kassel v. United States Vets.' Admin., 709 F. Supp. 1194 (D.N.H. 1989). “But plaintiff has not challenged the release of any information which the agency was required to make available pursuant to 5 C.F.R. § 293.311 (a). 3 Section 293.311(a) makes generally available to the public the following information about government employees: (1) name; (2)…”
White Coat Waste Proj. v. United States Dep't of Vets. Affairs (D.D.C. 2019). · cites it 3× “WCW’s other argument—that the principal investigator’s name 29 has already been made public because 5 C.F.R. § 293.311 requires disclosure of the principal investigator’s name—is equally unavailing.”
Gonzalez v. U.S. Dep't of Agric. (S.D. Fla. 2022). · cites it 3× “3 2 To the extent that Defendant cites 5 C.F.R. § 293.311 (a) to argue that one’s status on administrative leave is similar to the enumerated categories that are not protected under Exemption 6 because they are not personal information, the Court is not persuaded.”
— 5 C.F.R. § 293.311(a)(1) — 2 cases
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