5 U.S.C. § 7511 — Definitions; application

(a) Definitions. (1) “Employee” means—(A) a competitive-service individual who is not in an initial probationary or trial period, or who completed 1 year of continuous service under a nontemporary appointment limited to no more than 1 year; (B) a preference eligible in the excepted service who completed 1 year of continuous service in the same or similar positions in an Executive agency, the Postal Service, or the Postal Regulatory Commission; and (C) a non-preference-eligible excepted-service individual who is not in an initial probationary or trial period pending conversion, or who completed 2 years of continuous service in the same or similar Executive-agency positions under a nontemporary appointment limited to no more than 2 years. (2) “Suspension” has the meaning in section 7501(2). (3) “Grade” means a classification level under a position-classification system. (4) “Pay” means the basic-pay rate fixed by law or administrative action for the employee’s position. (5) “Furlough” means temporarily placing an employee without duties or pay because of lack of work or funds or another nondisciplinary reason. This section does not define “preference eligible,” “competitive service,” “excepted service,” “Executive agency,” or “initial appointment.” (b) Exclusions. This subchapter does not apply to an employee—(1) appointed with Senate advice and consent; (2) in a position determined to be confidential or policy-determining, policy-making, or policy-advocating by the President, the Office of Personnel Management, or the President or agency head as specified for the relevant excepted position; (3) appointed by the President; (4) receiving an annuity from the Civil Service or Foreign Service Retirement and Disability Fund based on the employee’s service; (5) Repealed. Pub. L. 114–328, div. A, title V, § 512(c), Dec. 23, 2016, 130 Stat. 2112. (6) a Foreign Service member described in section 103 of the Foreign Service Act of 1980; (7) in the Central Intelligence Agency or Government Accountability Office; (8) in the Postal Service, Postal Regulatory Commission, Panama Canal Commission, Tennessee Valley Authority, FBI, a Defense Department intelligence component defined in section 1614 of title 10, or a military-department intelligence activity covered under title 10 chapter 83 subchapter I, unless subsection (a)(1)(B) or section 1005(a) of title 39 supplies the basis for coverage; (9) described in section 5102(c)(11); or (10) in a Veterans Health Administration position excluded from the competitive service under title 38, unless appointed under section 7401(3) of title 38. (c) The Office may apply this subchapter by regulation to an otherwise uncovered position or group excepted from the competitive service.