§ 432.102 Coverage. ( a ) *Actions covered.* This part covers reduction in grade and removal of employees based on unacceptable performance.
( b ) *Actions excluded.* This part does not apply to: ( 1 ) The reduction in grade of a supervisor or manager who has not completed the probationary period under 5 U.S.C. 3321(a)(2) if such a reduction is based on supervisory or managerial performance and the reduction is to the grade held immediately before becoming a supervisor or manager in accordance with 5 U.S.C. 3321(b);
( 2 ) The reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment;
( 3 ) The reduction in grade or removal of an employee in the competitive service serving in an appointment that requires no probationary or trial period who has not completed 1 year of current continuous employment in the same or similar position under other than a temporary appointment limited to 1 year or less;
( 4 ) The reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;
( 5 ) An action imposed by the Merit Systems Protection Board under the authority of 5 U.S.C. 1206;
( 6 ) An action taken under 5 U.S.C. 7521 against an administrative law judge;
( 7 ) An action taken under 5 U.S.C. 7532 in the interest of national security;
( 8 ) An action taken under a provision of statute, other than one codified in title 5 of the U.S. Code, which excepts the action from the provisions of title 5 of the U.S. Code;
( 9 ) A removal from the Senior Executive Service to a civil service position outside the Senior Executive Service under part 359 of this chapter;
( 10 ) A reduction-in-force governed by part 351 of this chapter;
( 11 ) A voluntary action by the employee;
( 12 ) A performance-based action taken under part 752 of this chapter;
( 13 ) An action that terminates a temporary or term promotion and returns the employee to the position from which temporarily promoted, or to a different position of equivalent grade and pay if the agency informed the employee that it was to be of limited duration;
( 14 ) A termination in accordance with terms specified as conditions of employment at the time the appointment was made;
( 15 ) An involuntary retirement because of disability under part 831 of this chapter; and
( 16 ) An action against a technician in the National Guard concerning any activity under 32 U.S.C. 709(f)(4), except as provided by 32 U.S.C. 709(f)(5).
( c ) *Agencies covered.* This part applies to: ( 1 ) The executive departments listed at 5 U.S.C. 101;
( 2 ) The military departments listed at 5 U.S.C. 102;
( 3 ) Independent establishments in the executive branch as described at 5 U.S.C. 104, except for a Government corporation; and
( 4 ) The Government Printing Office.
( d ) *Agencies excluded.* This part does not apply to: ( 1 ) A Government corporation;
( 2 ) The Central Intelligence Agency;
( 3 ) The Defense Intelligence Agency;
( 4 ) The National Security Agency;
( 5 ) Any executive agency or unit thereof which is designated by the President and the principal function of which is the conduct of foreign intelligence or counterintelligence activities;
( 6 ) The General Accounting Office;
( 7 ) The U.S. Postal Service; and
( 8 ) The Postal Rate Commission.
( e ) *Employees covered.* This part applies to individuals employed in or under a covered agency as specified at § 432.102(c) except as listed in § 432.102(f).
( f ) *Employees excluded.* This part does not apply to: ( 1 ) An employee in the competitive service who is serving a probationary or trial period under an initial appointment;
( 2 ) An employee in the competitive service serving in an appointment that requires no probationary or trial period, who has not completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;
( 3 ) An employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;
( 4 ) An employee outside the United States who is paid in accordance with local native prevailing wage rates for the area in which employed;
( 5 ) An individual in the Foreign Service of the United States;
( 6 ) An employee who holds a position with the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, United States Code, unless such employee was appointed to such a position under section 7401(3) of title 38;
( 7 ) An administrative law judge appointed under 5 U.S.C. 3105;
( 8 ) An individual in the Senior Executive Service;
( 9 ) An individual appointed by the President;
( 10 ) An employee whose position has been determined to be of a confidential, policy-determining, policy-making, or policy-advocating character, as defined in § 210.102 of this chapter by— ( i ) The President for a position that the President has excepted from the competitive service;
( ii ) The Office of Personnel Management for a position that the Office has excepted from the competitive service (Schedule C); or
( iii ) The President or the head of an agency for a position excepted from the competitive service by statute, unless the incumbent was moved involuntarily to such a position after accruing rights as delineated in paragraph (e) of this section.
( 11 ) A reemployed annuitant;
( 12 ) An individual occupying a position in the excepted service for which employment is not reasonably expected to exceed 120 calendar days in a consecutive 12 month period; and
( 13 ) A manager or supervisor returned to his or her previously held grade pursuant to 5 U.S.C. 3321 (a)(2) and (b).
[54 FR 26179, June 21, 1989, as amended at 57 FR 10125, Mar. 24, 1992; 57 FR 20042, May 11, 1992; 58 FR 13192, Mar. 10, 1993; 58 FR 65533, Dec. 15, 1993; 87 FR 67782, Nov. 10, 2022; 89 FR 25047, Apr. 9, 2024]