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

who is not serving a probationary or trial period under an initial appointment; or who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less; in an Executive agency; or in the United States Postal Service or Postal Regulatory Commission; and who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or 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; “suspension” has the same meaning as set forth in section 7501(2) of this title ; “grade” means a level of classification under a position classification system; “pay” means the rate of basic pay fixed by law or administrative action for the position held by an employee; and “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. whose appointment is made by and with the advice and consent of the Senate; the President for a position that the President has excepted from the competitive service; the Office of Personnel Management for a position that the Office has excepted from the competitive service; or the President or the head of an agency for a position excepted from the competitive service by statute; whose appointment is made by the President; 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and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee; Repealed. Pub. L. 114–328, div. A, title V, § 512(c) , Dec. 23, 2016 , 130 Stat. 2112 .] who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980; whose position is within the Central Intelligence Agency or the Government Accountability Office; whose position is within the United States Postal Service, the Postal Regulatory 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; who is described in section 5102(c)(11) of this title ; or 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. 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. 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 ]. against whom an adverse personnel action was taken before the date of enactment of this Act, 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, 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 who is not precluded, by section 7121(e)(1) of title 5 , United States Code, from appealing to the Merit Systems Protection Board, the 60th day after the date of enactment of this Act; or the deadline which would otherwise apply if this paragraph had not been enacted.”