5 CFR §9701.604

1. (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.
2. (b)Actions excluded. This subpart does not cover—
   1. (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. (2)The demotion of a supervisor or manager under 5 U.S.C. 3321;
   3. (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. (4)A reduction-in-force action under 5 U.S.C. 3502;
   5. (5)An action under 5 U.S.C. 1215;
   6. (6)An action against an administrative law judge under 5 U.S.C. 7521;
   7. (7)A voluntary action by an employee;
   8. (8)An action taken or directed by OPM based on suitability under 5 CFR part 731;
   9. (9)Termination of appointment on the expiration date specified as a basic condition of employment at the time the appointment was made;
   10. (10)Cancellation of a promotion to a position not classified prior to the promotion;
   11. (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. (12)Reduction of an employee's rate of basic pay from a rate that is contrary to law or regulation;
   13. (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. (14)A classification determination, including a classification determination under subpart B of this part; and
   15. (15)An action that entitles an employee to grade retention under 5 CFR part 536 and an action to terminate this entitlement.
3. (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.
4. (d)Employees excluded. This subpart does not apply to—
   1. (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. (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. (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. (4)A non-preference eligible employee who is serving a time-limited appointment (including a term appointment) of 2 years or less;
   5. (5)Members of the Senior Executive Service;
   6. (6)Administrative law judges;
   7. (7)Employees who are terminated in accordance with terms specified as conditions of employment at the time the appointment was made;
   8. (8)Employees whose appointments are made by and with the advice and consent of the Senate;
   9. (9)Employees whose positions have been determined to be of a confidential, policy-determining, policy-making, or policy-advocating character by—
      1. (i)The President, for a position that the President has excepted from the competitive service;
      2. (ii)OPM, for a position that OPM has excepted from the competitive service; or
      3. (iii)The President or the Secretary for a position excepted from the competitive service by statute;
   10. (10)An employee whose appointment is made by the President;
   11. (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. (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. (13)Members of the Homeland Security Labor Relations Board or the Mandatory Removal Panel;
   14. (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. (15)Employees appointed and serving under a Schedule B excepted service appointment subject to conversion to career status pursuant to Executive Order 11203.