5 U.S. Code § 7511 - Definitions; application
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.
A prior section 7511, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 528; Pub. L. 94–183, § 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, § 204(a).
2016—Subsec. (b)(5). Pub. L. 114–328 struck out par. (5) which read as follows: “who is described in section 8337(h)(1), relating to technicians in the National Guard;”.
2006—Subsec. (a)(1)(B)(ii). Pub. L. 109–435, § 604(b), substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
Subsec. (b)(8). Pub. L. 109–435, § 604(f), substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
2004—Subsec. (b)(7). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
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, § 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, § 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.”
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.
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