Section 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 87 FR 67782 , 12/12/2022; 89 FR 25047 , 5/9/2024