5 CFR § 9701.402 - Coverage.
---
identifier: "/us/cfr/t5/s9701.402"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 9701.402 - Coverage."
title_number: 5
title_name: "Administrative Personnel"
section_number: "9701.402"
section_name: "Coverage."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM (DEPARTMENT OF HOMELAND SECURITY—OFFICE OF PERSONNEL MANAGEMENT)"
part_number: "9701"
part_name: "DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 9701."
regulatory_source: "70 FR 5318, Feb. 1, 2005, unless otherwise noted."
cfr_part: "9701"
---
# 9701.402 Coverage.
(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.
(b) The following employees are eligible for coverage under this subpart:
(1) Employees who would otherwise be covered by 5 U.S.C. chapter 43; and
(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).
(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.