{"data":{"id":"us/5-cfr-9701.402","jurisdiction":"us","citation":"5 CFR 9701.402","heading":"Coverage.","body":"(a) This subpart applies to eligible DHS employees in the categories listed in paragraph (b) of this section, subject to a determination by the Secretary or designee under § 9701.102(b), except as provided in paragraph (c) of this section.\n(b) The following employees are eligible for coverage under this subpart:\n(1) Employees who would otherwise be covered by 5 U.S.C. chapter 43; and\n(2) Employees who were excluded from chapter 43 by OPM under 5 CFR 430.202(d) prior to the date of coverage of this subpart, as determined under § 9701.102(b).\n(c) This subpart does not apply to employees who are not expected to be employed longer than a minimum period (as defined in § 9701.404) during a single 12-month period.","path":["Title 5—Administrative Personnel","CHAPTER XCVII—DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM (DEPARTMENT OF HOMELAND SECURITY—OFFICE OF PERSONNEL MANAGEMENT)","PART 9701—DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM","Subpart D—Performance Management"],"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":"1a770595d2e7b08702929bf00800b6ff34ffde9b5c62513887ac1f994baa3da4","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-9701.401","next":"us/5-cfr-9701.403"},"notice":"GroundRules: Original legal text. Not legal advice."}