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5 CFR §9701.402

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
  1. (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.
  2. (b)The following employees are eligible for coverage under this subpart:
    1. (1)Employees who would otherwise be covered by 5 U.S.C. chapter 43; and
    2. (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).
  3. (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.