(a) This subpart applies to —   (1) An employee in or under an agency, except an employee excluded by paragraph (b) of this section;   (2) The head of an agency;   (3) The head of a military department, as defined in 5 U.S.C. 102;   (4) A Foreign Service officer;   (5) A member of the Senior Foreign Service;   (6) A member of the Senior Executive Service; or   (7) A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

(b) This subpart does not apply to —   (1) An employee on the Isthmus of Panama in the service of the Panama Canal Commission; or   (2) An employee or individual excluded from the definition of employee in 5 U.S.C. 5541(2), except employees excluded by 5 U.S.C. 5541(2)(ii), (iii), and (xiv) through (xvii) are covered by this subpart.