Civil Service Due Process Amendments
PL 101-376 (H.R.3086), enacted 08/17/1990

PUBLIC LAW 101-376—AUG. 17, 1990 
104 STAT. 461 
Public Law 101-376 
101st Congress 
An Act 
To amend title 5, United States Code, to grant appeal rights to members of the 
Aug. 17, 1990 
excepted service affected by adverse personnel actions, and for other purposes. 
[H.R. 3086] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Civil Service 
SECTION 1. SHORT TITLE. 
Amendments. 
This Act may be cited as the "Civil Service Due Process 
note. 
Amendments". 
SEC. 2. EXCEPTED SERVICE APPEAL RIGHTS. 
(a) IN GENERAL.—Section 7511 of title 5, United States Code, is 
amended to read as follows: 
"§ 7511. Definitions; application 
"(a) For the purpose of this subchapter— 
"(1) 'employee' means— 
"(A) an individual in the competitive service— 
"(i) who is not serving a probationary or trial period 
under an initial appointment; or 
"(ii) who has completed 1 year of current continuous 
service under other than a temporary appointment 
limited to 1 year or less; 
"(B) a preference eligible in the excepted service who has 
completed 1 year of current continuous service in the same 
or similar positions— 
"(i) in an Executive agency; or 
' 
"(ii) in the United States Postal Service or Postal 
Rate Commission; and 
"(C) an individual in the excepted service (other than a 
preference eligible)— 
"(i) who is not serving a probationary or trial period 
under an initial appointment pending conversion to the 
competitive service; or 
"(ii) who has completed 2 years of current continuous 
service in the same or similar positions in an Executive 
agency under other than a temporary appointment 
limited to 2 years or less; 
"(2) 'suspension' has the same meaning as set forth in section 
7501(2) of this title; 
"(3) 'grade' means a level of classification under a position 
classification system; 
"(4) 'pay' means the rate of basic pay fixed by law or adminis-
trative action for the position held by an employee; and 
"(5) 'furlough' means the placing of an employee in a tem-
porary status without duties and pay because of lack of work or 
funds or other nondisciplinary reasons. 
"(b) This subchapter does not apply to an employee— 
104 STAT. 462 
PUBLIC LAW 101-376—AUG. 17, 1990 
"(1) whose appointment is made by and with the advice and 
consent of the Senate; 
"(2) whose position has been determined to be of a confiden-
tial, policy-determining, policy-making or policy-advocating 
character by— 
"(A) the President for a position that the President has 
excepted from the competitive service; 
"(B) the Office of Personnel Management for a position 
that the Office has excepted from the competitive service; 
or 
"(C) the President or the head of an agency for a position 
excepted from the competitive service by statute; 
"(3) whose appointment is made by the President; 
"(4) who is receiving an annuity from the Civil Service Retire-
ment and Disability Fund, or the Foreign Service Retirement 
and Disability Fund, based on the service of such employee; 
"(5) who is described in section 8337(h)(1), relating to techni-
cians in the National Guard; 
"(6) who is a member of the Foreign Service, as described in 
section 103 of the Foreign Service Act of 1980; 
"(7) whose position is with the Central Intelligence Agency, 
the General Accounting Office, or the Veterans Health Services 
and Research Administration; 
"(8) whose position is within the United States Postal Service, 
the Postal Rate Commission, the Panama Canal Commission, 
the Tennessee Valley Authority, the Federal Bureau of Inves-
tigation, the National Security Agency, the Defense Intelligence 
Agency, or an intelligence activity of a military department 
covered under section 1590 of title 10, unless subsection (a)(1)(B) 
of this section or section 1005(a) of title 39 is the basis for this 
subchapter's applicability; or 
"(9) who is described in section 5102(c)(ll) of this title. 
"(c) The Office may provide for the application of this subchapter 
to any position or group of positions excepted from the competitive 
service by regulation of the Office which is not otherwise covered by 
this subchapter.". 
(b) ACTIONS BASED ON UNACCEPTABLE PERFORMANCE.—Section 
4303(e) of title 5, United States Code, is amended to read as follows: 
"(e) Any employee who is— 
"(1) a preference eligible; 
"(2) in the competitive service; or 
"(3) in the excepted service and covered by subchapter II of 
chapter 75, 
and who has been reduced in grade or removed under this section is 
entitled to appeal the action to the Merit Systems Protection Board 
under section 7701.". 
5 use 4303 
(c) APPUCABIUTY.—The amendments made by this section shall 
»ote. 
apply with respect to any personnel action taking effect on or after 
the effective date of this Act. 
SEC. 3. ANNUITANT STATUS NOT A BAR TO APPEALING ONE'S REMOVAL. 
Section 7701 of title 5, United States Code, is amended— 
(1) by redesignating subsection (j) as subsection (k); and 
(2) by inserting after subsection (i) the following: 
"(j) In determining the appealability under this section of any case 
involving a removal from the service (other than the removal of a 
reemployed annuitant), neither an individual's status under any 
PUBLIC LAW 101-376—AUG. 17, 1990 
104 STAT. 463 
retirement system established by or under Federal statute nor any 
election made by such individual under any such system may be 
taken into account.". 
SEC. 4. EFFECTIVE DATE. 
5 USC 4303 
This Act and the amendments made by this Act shall become 
effective on the date of the enactment of this Act, and, except as 
provided in section 2(c), shall apply with respect to any appeal or 
other proceeding brought on or after such date. 
Approved August 17, 1990. 
LEGISLATIVE HISTORY—H.R. 3086: 
HOUSE REPORTS: No. 101-328 (Comm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Nov. 6, considered and passed House. 
Vol. 136 (1990): July 30, considered and passed Senate, amended. 
Aug. 3, House concurred in Senate amendment.