5 CFR § 734.401 - Coverage.
(a) This subpart applies to employees in the following agencies and positions:
(1) The Federal Election Commission;
(2) The Election Assistance Commission;
(3) The Federal Bureau of Investigation;
(4) The Secret Service;
(5) The Central Intelligence Agency;
(6) The National Security Council;
(7) The National Security Agency;
(8) The Defense Intelligence Agency;
(9) The Merit Systems Protection Board;
(10) The Office of Special Counsel;
(11) The Office of Criminal Investigation of the Internal Revenue Service.
(13) The Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms;
(14) The Criminal Division of the Department of Justice;
(15) The National Security Division of the Department of Justice;
(16) The National Geospatial-Intelligence Agency;
(17) The Office of the Director of National Intelligence;
(19) Administrative Law Judge positions described in 5 U.S.C. 5372;
(21) Administrative Appeals Judge positions described in 5 U.S.C. 5732b.
(b)Employees appointed by the President by and with the advice and consent of the Senate in the agencies and positions described in paragraph (a) of this section are excluded from coverage under this subpart.