---
kind: "section"
citation: "5 C.F.R. § 9701.604"
title: "5"
number: "9701.604"
heading: "Coverage."
url: "https://uscodex.org/cfr/5/9701.604"
---

# §9701.604. Coverage.

- (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.
- (b) **Actions excluded.** This subpart does not cover—
  - (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) The demotion of a supervisor or manager under [5 U.S.C. 3321](/usc/5/3321.md);
  - (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) A reduction-in-force action under [5 U.S.C. 3502](/usc/5/3502.md);
  - (5) An action under [5 U.S.C. 1215](/usc/5/1215.md);
  - (6) An action against an administrative law judge under [5 U.S.C. 7521](/usc/5/7521.md);
  - (7) A voluntary action by an employee;
  - (8) An action taken or directed by OPM based on suitability under [5 CFR part 731](/cfr/5/part731.md);
  - (9) Termination of appointment on the expiration date specified as a basic condition of employment at the time the appointment was made;
  - (10) Cancellation of a promotion to a position not classified prior to the promotion;
  - (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) Reduction of an employee's rate of basic pay from a rate that is contrary to law or regulation;
  - (13) An action taken under a provision of statute, other than one codified in [title 5](/cfr/5.md), U.S. Code, which excludes the action from 5 U.S.C. chapter 75 or this subpart;
  - (14) A classification determination, including a classification determination under subpart B of this part; and
  - (15) An action that entitles an employee to grade retention under [5 CFR part 536](/cfr/5/part536.md) and an action to terminate this entitlement.
- (c) **Employees covered.** Subject to a determination by the Secretary or designee under [§ 9701.102(b)](/cfr/5/9701.102.md?p=b), this subpart applies to DHS employees, except as excluded by [paragraph (d)](#d) of this section.
- (d) **Employees excluded.** This subpart does not apply to—
  - (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) 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) 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) A non-preference eligible employee who is serving a time-limited appointment (including a term appointment) of 2 years or less;
  - (5) Members of the Senior Executive Service;
  - (6) Administrative law judges;
  - (7) Employees who are terminated in accordance with terms specified as conditions of employment at the time the appointment was made;
  - (8) Employees whose appointments are made by and with the advice and consent of the Senate;
  - (9) Employees whose positions have been determined to be of a confidential, policy-determining, policy-making, or policy-advocating character by—
    - (i) The President, for a position that the President has excepted from the competitive service;
    - (ii) OPM, for a position that OPM has excepted from the competitive service; or
    - (iii) The President or the Secretary for a position excepted from the competitive service by statute;
  - (10) An employee whose appointment is made by the President;
  - (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) 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)](/usc/5/5102.md?p=c-11);
  - (13) Members of the Homeland Security Labor Relations Board or the Mandatory Removal Panel;
  - (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) Employees appointed and serving under a Schedule B excepted service appointment subject to conversion to career status pursuant to Executive Order 11203.

## Notes

### Authority

Authority: 5 U.S.C. 9701.

### Source

Source: 70 FR 5318, Feb. 1, 2005, unless otherwise noted.