Page:United States Statutes at Large Volume 104 Part 1.djvu/495

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PUBLIC LAW 101-376—AUG. 17, 1990 104 STAT. 461 Public Law 101-376 101st Congress An Act To amend title 5, United States Code, to grant appeal rights to members of the Aug. 17, 1990 excepted service affected by adverse personnel actions, and for other purposes. [H.R. 3086] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Civil Service SECTION 1. SHORT TITLE. Amendments. This Act may be cited as the "Civil Service Due Process note. Amendments". SEC. 2. EXCEPTED SERVICE APPEAL RIGHTS. (a) IN GENERAL.— Section 7511 of title 5, United States Code, is amended to read as follows: "§ 7511. Definitions; application "(a) For the purpose of this subchapter— "(1) 'employee' means— "(A) an individual in the competitive service— "(i) who is not serving a probationary or trial period under an initial appointment; or "(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less; "(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions— "(i) in an Executive agency; or ' "(ii) in the United States Postal Service or Postal Rate Commission; and "(C) an individual in the excepted service (other than a preference eligible)— "(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or "(ii) 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; "(2) 'suspension' has the same 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—