{"data":{"id":"us/5-cfr-432.102","jurisdiction":"us","citation":"5 CFR 432.102","heading":"Coverage.","body":"(a) Actions covered. This part covers reduction in grade and removal of employees based on unacceptable performance.\n(b) Actions excluded. This part does not apply to:\n(1) The reduction in grade of a supervisor or manager who has not completed the probationary period under 5 U.S.C. 3321(a)(2) if such a reduction is based on supervisory or managerial performance and the reduction is to the grade held immediately before becoming a supervisor or manager in accordance with 5 U.S.C. 3321(b);\n(2) The reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment;\n(3) The reduction in grade or removal of an employee in the competitive service serving in an appointment that requires no probationary or trial period who has not completed 1 year of current continuous employment in the same or similar position under other than a temporary appointment limited to 1 year or less;\n(4) The reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;\n(5) An action imposed by the Merit Systems Protection Board under the authority of 5 U.S.C. 1206;\n(6) An action taken under 5 U.S.C. 7521 against an administrative law judge;\n(7) An action taken under 5 U.S.C. 7532 in the interest of national security;\n(8) An action taken under a provision of statute, other than one codified in title 5 of the U.S. Code, which excepts the action from the provisions of title 5 of the U.S. Code;\n(9) A removal from the Senior Executive Service to a civil service position outside the Senior Executive Service under part 359 of this chapter;\n(10) A reduction-in-force governed by part 351 of this chapter;\n(11) A voluntary action by the employee;\n(12) A performance-based action taken under part 752 of this chapter;\n(13) 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 grade and pay if the agency informed the employee that it was to be of limited duration;\n(14) A termination in accordance with terms specified as conditions of employment at the time the appointment was made;\n(15) An involuntary retirement because of disability under part 831 of this chapter; and\n(16) An action against a technician in the National Guard concerning any activity under 32 U.S.C. 709(f)(4), except as provided by 32 U.S.C. 709(f)(5).\n(c) Agencies covered. This part applies to:\n(1) The executive departments listed at 5 U.S.C. 101;\n(2) The military departments listed at 5 U.S.C. 102;\n(3) Independent establishments in the executive branch as described at 5 U.S.C. 104, except for a Government corporation; and\n(4) The Government Printing Office.\n(d) Agencies excluded. This part does not apply to:\n(1) A Government corporation;\n(2) The Central Intelligence Agency;\n(3) The Defense Intelligence Agency;\n(4) The National Security Agency;\n(5) Any executive agency or unit thereof which is designated by the President and the principal function of which is the conduct of foreign intelligence or counterintelligence activities;\n(6) The General Accounting Office;\n(7) The U.S. Postal Service; and\n(8) The Postal Rate Commission.\n(e) Employees covered. This part applies to individuals employed in or under a covered agency as specified at § 432.102(c) except as listed in § 432.102(f).\n(f) Employees excluded. This part does not apply to:\n(1) An employee in the competitive service who is serving a probationary or trial period under an initial appointment;\n(2) An employee in the competitive service serving in an appointment that requires no probationary or trial period, who has not completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;\n(3) An employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;\n(4) An employee outside the United States who is paid in accordance with local native prevailing wage rates for the area in which employed;\n(5) An individual in the Foreign Service of the United States;\n(6) An employee who holds a position with the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, United States Code, unless such employee was appointed to such a position under section 7401(3) of title 38;\n(7) An administrative law judge appointed under 5 U.S.C. 3105;\n(8) An individual in the Senior Executive Service;\n(9) An individual appointed by the President;\n(10) An employee occupying a position in Schedule C or Schedule Policy/Career as authorized under part 213 of this chapter;\n(11) A reemployed annuitant;\n(12) An individual occupying a position in the excepted service for which employment is not reasonably expected to exceed 120 calendar days in a consecutive 12 month period; and\n(13) A manager or supervisor returned to his or her previously held grade pursuant to 5 U.S.C. 3321 (a)(2) and (b).","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 432—PERFORMANCE BASED REDUCTION IN GRADE AND REMOVAL ACTIONS"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"0e6cac9618ccc26e161ab233868fb4bd63ec4806dff488d65f897bbbefec1102","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-432.101","next":"us/5-cfr-432.103"},"notice":"GroundRules: Original legal text. Not legal advice."}