---
kind: "section"
citation: "5 C.F.R. § 432.102"
title: "5"
number: "432.102"
heading: "Coverage."
url: "https://uscodex.org/cfr/5/432.102"
---

# §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)](/usc/5/3321.md?p=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)](/usc/5/3321.md?p=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](/usc/5/1206.md);
  - (6) An action taken under [5 U.S.C. 7521](/usc/5/7521.md) against an administrative law judge;
  - (7) An action taken under [5 U.S.C. 7532](/usc/5/7532.md) in the interest of national security;
  - (8) An action taken under a provision of statute, other than one codified in [title 5](/cfr/5.md) of the U.S. Code, which excepts the action from the provisions of [title 5](/cfr/5.md) 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](/cfr/5/part359.md) of this chapter;
  - (10) A reduction-in-force governed by [part 351](/cfr/5/part351.md) of this chapter;
  - (11) A voluntary action by the employee;
  - (12) A performance-based action taken under [part 752](/cfr/5/part752.md) 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](/cfr/5/part831.md) 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)](/usc/32/709.md?p=f-4), except as provided by [32 U.S.C. 709(f)(5)](/usc/32/709.md?p=f-5).
- (c) **Agencies covered.** This part applies to:
  - (1) The executive departments listed at [5 U.S.C. 101](/usc/5/101.md);
  - (2) The military departments listed at [5 U.S.C. 102](/usc/5/102.md);
  - (3) Independent establishments in the executive branch as described at [5 U.S.C. 104](/usc/5/104.md), 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)](#c) except as listed in [§ 432.102(f)](#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](/cfr/38.md), United States Code, unless such employee was appointed to such a position under [section 7401(3)](/usc/38/7401.md?p=3) of title 38;
  - (7) An administrative law judge appointed under [5 U.S.C. 3105](/usc/5/3105.md);
  - (8) An individual in the Senior Executive Service;
  - (9) An individual appointed by the President;
  - (10) An employee occupying a position in Schedule C or Schedule Policy/Career as authorized under [part 213](/cfr/5/part213.md) of this chapter;
  - (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)](/usc/5/3321.md?p=a-2) and [(b)](/usc/5/3321.md?p=a-b).

## Notes

### Amendments

[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; 89 FR 25047, Apr. 9, 2024; 91 FR 5655, Feb. 6, 2026]

### Authority

Authority: 5 U.S.C. 4303, 4305. Link to an amendment published at 91 FR 49111, Aug. 3, 2026.

### Source

Source: 54 FR 26179, June 21, 1989, unless otherwise noted.

### Amendments

[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; 89 FR 25047, Apr. 9, 2024; 91 FR 5655, Feb. 6, 2026]