Editorial Note on Subpart F of Part 9701
Editorial Note: At 73 FR 58435, Oct. 7, 2008, the application of subpart F to part 9701 was rescinded.

§ 9701.604 Coverage. ( a ) *Actions covered.* This subpart covers furloughs of 30 days or less, suspensions, demotions, reductions in pay (including reductions in pay within a band), and removals.
( b ) *Actions excluded.* This subpart does not cover— ( 1 ) Any adverse action taken against an employee during a probationary, trial, or initial service period, except for an adverse action taken against a preference eligible employee in the competitive service who has completed the first year of an initial service period;
( 2 ) The demotion of a supervisor or manager under 5 U.S.C. 3321;
( 3 ) 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 band and pay, if the employee was informed that the promotion was to be of limited duration;
( 4 ) A reduction-in-force action under 5 U.S.C. 3502;
( 5 ) An action under 5 U.S.C. 1215;
( 6 ) An action against an administrative law judge under 5 U.S.C. 7521;
( 7 ) A voluntary action by an employee;
( 8 ) An action taken or directed by OPM based on suitability under 5 CFR part 731;
( 9 ) Termination of appointment on the expiration date specified as a basic condition of employment at the time the appointment was made;
( 10 ) Cancellation of a promotion to a position not classified prior to the promotion;
( 11 ) Placement of an employee serving on an intermittent or seasonal basis in a temporary non-duty, non-pay status in accordance with conditions established at the time of appointment;
( 12 ) Reduction of an employee's rate of basic pay from a rate that is contrary to law or regulation;
( 13 ) An action taken under a provision of statute, other than one codified in title 5, U.S. Code, which excludes the action from 5 U.S.C. chapter 75 or this subpart;
( 14 ) A classification determination, including a classification determination under subpart B of this part; and
( 15 ) An action that entitles an employee to grade retention under 5 CFR part 536 and an action to terminate this entitlement.
( c ) *Employees covered.* Subject to a determination by the Secretary or designee under § 9701.102(b), this subpart applies to DHS employees, except as excluded by paragraph (d) of this section.
( d ) *Employees excluded.* This subpart does not apply to— ( 1 ) An employee in the competitive service who is serving a probationary, trial, or initial service period, except for a preference eligible employee in the competitive service who has completed the first year of an initial service period;
( 2 ) A preference eligible employee in the excepted service who has not completed 1 year of current continuous service in the same or similar positions in an Executive agency or in the United States Postal Service or Postal Rate Commission;
( 3 ) An employee in the excepted service (other than a preference eligible) who has not completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment of 2 years or less;
( 4 ) A non-preference eligible employee who is serving a time-limited appointment (including a term appointment) of 2 years or less;
( 5 ) Members of the Senior Executive Service;
( 6 ) Administrative law judges;
( 7 ) Employees who are terminated in accordance with terms specified as conditions of employment at the time the appointment was made;
( 8 ) Employees whose appointments are made by and with the advice and consent of the Senate;
( 9 ) Employees whose positions have been determined to be of a confidential, policy-determining, policy-making, or policy-advocating character by— ( i ) The President, for a position that the President has excepted from the competitive service;
( ii ) OPM, for a position that OPM has excepted from the competitive service; or
( iii ) The President or the Secretary for a position excepted from the competitive service by statute;
( 10 ) An employee whose appointment is made by the President;
( 11 ) An employee who is receiving an annuity from the Civil Service Retirement and Disability Fund or the Foreign Service Retirement and Disability Fund based on the service of such employee;
( 12 ) An employee who is an alien or non-citizen occupying a position outside the United States, as described in 5 U.S.C. 5102(c)(11);
( 13 ) Members of the Homeland Security Labor Relations Board or the Mandatory Removal Panel;
( 14 ) Employees against whom an adverse personnel action is taken or imposed under any statute or regulation other than this subpart (e.g., Transportation Security Administration employees); and
( 15 ) Employees appointed and serving under a Schedule B excepted service appointment subject to conversion to career status pursuant to Executive Order 11203.