§ 7511.
(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 President for a position that the President has excepted from the competitive service;
(B)
the Office of Personnel Management for a position that the Office has excepted from the competitive service; or
(C)
the President or the head of an agency for a position excepted from the competitive service by statute;
(3)
whose appointment is made by the President;
(4)
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;
[(5)
Repealed. [Pub. L. 114–328, div. A, title V, § 512(c)], Dec. 23, 2016, [130 Stat. 2112].]
(6)
who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980;
(7)
whose position is within the Central Intelligence Agency or the Government Accountability Office;
(8)
whose position is within the United States Postal Service, the Postal Regulatory Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, 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, unless subsection (a)(1)(B) of this section or
section 1005(a) of title 39 is the basis for this subchapter’s applicability;
(10)
who holds a position within the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, unless such employee was appointed to such position under section 7401(3) of such title.
(Added [Pub. L. 95–454, title II, § 204(a)], Oct. 13, 1978, [92 Stat. 1135]; amended [Pub. L. 101–376, § 2(a)], Aug. 17, 1990, [104 Stat. 461]; [Pub. L. 102–378, § 6(a)], Oct. 2, 1992, [106 Stat. 1358]; [Pub. L. 103–359, title V, § 501](l), Oct. 14, 1994, [108 Stat. 3430]; [Pub. L. 104–201, div. A, title XVI, § 1634(b)], Sept. 23, 1996, [110 Stat. 2752]; [Pub. L. 108–271, § 8(b)], July 7, 2004, [118 Stat. 814]; [Pub. L. 109–435, title VI, § 604(b)], (f), Dec. 20, 2006, [120 Stat. 3241], 3242; [Pub. L. 114–92, div. A, title XI, § 1105(c)(4)], Nov. 25, 2015, [129 Stat. 1024]; [Pub. L. 114–328, div. A, title V, § 512(c)], Dec. 23, 2016, [130 Stat. 2112]; [Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(D)], Dec. 27, 2021, [135 Stat. 1950].)