
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7511]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                       CHAPTER 75--ADVERSE ACTIONS
 
 SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN 
              GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
 
Sec. 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 
    administrative action for the position held by an employee; and
        (5) ``furlough'' means the placing of an employee in a temporary 
    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--
        (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 confidential, 
    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 
    Retirement 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 
    technicians 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 within the Central Intelligence Agency or 
    the General Accounting Office;
        (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 Investigation, an 
    intelligence component of the Department of Defense (as defined in 
    section 1614 of title 10), or an intelligence activity of a military 
    department covered under subchapter I of chapter 83 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;
        (9) who is described in section 5102(c)(11) of this title; or
        (10) who holds a position within the Veterans Health 
    Administration which has been excluded from the competitive service 
    by or under a provision of title 38, unless such employee was 
    appointed to such position under section 7401(3) of such 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.

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92 Stat. 
1135; amended Pub. L. 101-376, Sec. 2(a), Aug. 17, 1990, 104 Stat. 461; 
Pub. L. 102-378, Sec. 6(a), Oct. 2, 1992, 106 Stat. 1358; Pub. L. 103-
359, title V, Sec. 501(l), Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104-
201, div. A, title XVI, Sec. 1634(b), Sept. 23, 1996, 110 Stat. 2752.)

                       References in Text

    Section 103 of the Foreign Service Act of 1980, referred to in 
subsec. (b)(6), is classified to section 3903 of Title 22, Foreign 
Relations and Intercourse.


                            Prior Provisions

    A prior section 7511, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 528; 
Pub. L. 94-183, Sec. 2(30), Dec. 31, 1975, 89 Stat. 1058, defined 
``preference eligible employee'' and ``adverse action'' for purposes of 
this subchapter, prior to repeal by Pub. L. 95-454, Sec. 204(a).


                               Amendments

    1996--Subsec. (b)(8). Pub. L. 104-201 substituted ``an intelligence 
component of the Department of Defense (as defined in section 1614 of 
title 10), or an intelligence activity of a military department covered 
under subchapter I of chapter 83 of title 10'' for ``the National 
Security Agency, the Defense Intelligence Agency, the Central Imagery 
Office, or an intelligence activity of a military department covered 
under section 1590 of title 10''.
    1994--Subsec. (b)(8). Pub. L. 103-359 inserted ``the Central Imagery 
Office,'' after ``Defense Intelligence Agency,''.
    1992--Subsec. (b)(7). Pub. L. 102-378, Sec. 6(a)(1), amended par. 
(7) generally. Prior to amendment, par. (7) read as follows: ``whose 
position is with the Central Intelligence Agency, the General Accounting 
Office, or the Veterans Health Services and Research Administration;''.
    Subsec. (b)(10). Pub. L. 102-378, Sec. 6(a)(2)-(4), added par. (10).
    1990--Pub. L. 101-376 amended section generally. Prior to amendment, 
section read as follows:
    ``(a) For the purpose of this subchapter--
        ``(1) `employee' means--
            ``(A) an individual in the competitive service who is not 
        serving a probationary or trial period under an initial 
        appointment or who has completed 1 year of current continuous 
        employment under other than a temporary appointment limited to 1 
        year or less; and
            ``(B) a preference eligible in an Executive agency in the 
        excepted service, and a preference eligible in the United States 
        Postal Service or the Postal Rate Commission, who has completed 
        1 year of current continuous service in the same or similar 
        positions;
        ``(2) `suspension' has the 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 
    administrative action for the position held by an employee; and
        ``(5) `furlough' means the placing of an employee in a temporary 
    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--
        ``(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 
    confidential, policy-determining, policy-making or policy-advocating 
    character by--
            ``(A) the Office of Personnel Management for a position that 
        it has excepted from the competitive service; or
            ``(B) the President or the head of an agency for a position 
        which is excepted from the competitive service by statute.
    ``(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.''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section 
1635 of Pub. L. 104-201, set out as a note under section 1593 of Title 
10, Armed Forces.


                    Effective Date of 1992 Amendment

    Section 6(b) of Pub. L. 102-378 provided that:
    ``(1) The amendments made by subsection (a) [amending this section] 
shall apply with respect to any personnel action taking effect on or 
after the date of enactment of this Act [Oct. 2, 1992].
    ``(2) In the case of an employee or former employee of the Veterans 
Health Administration (or predecessor agency in name)--
        ``(A) against whom an adverse personnel action was taken before 
    the date of enactment of this Act,
        ``(B) who, as a result of the enactment of the Civil Service Due 
    Process Amendments (5 U.S.C. 7501 note) [Pub. L. 101-376], became 
    ineligible to appeal such action to the Merit Systems Protection 
    Board,
        ``(C) as to whom that appeal right is restored as a result of 
    the enactment of subsection (a), or would have been restored but for 
    the passage of time, and
        ``(D) who is not precluded, by section 7121(e)(1) of title 5, 
    United States Code, from appealing to the Merit Systems Protection 
    Board,
the deadline for bringing an appeal under section 7513(d) or section 
4303(e) of such title with respect to such action shall be the latter 
of--
        ``(i) the 60th day after the date of enactment of this Act; or
        ``(ii) the deadline which would otherwise apply if this 
    paragraph had not been enacted.''


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-376 applicable with respect to any 
personnel action taking effect on or after Aug. 17, 1990, see section 
2(c) of Pub. L. 101-376, set out as a note under section 4303 of this 
title.


                             Effective Date

    Subchapter effective 90 days after Oct. 13, 1978, see section 907 of 
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note 
under section 1101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2302 of this title; title 2 
section 1602; title 10 section 1610; title 22 sections 1438, 3701; title 
25 section 2012; title 32 section 709; title 39 section 1005; title 49 
section 44506.
