---
kind: "section"
citation: "5 C.F.R. § 9701.505"
title: "5"
number: "9701.505"
heading: "Coverage."
url: "https://uscodex.org/cfr/5/9701.505"
---

# §9701.505. Coverage.

- (a) **Employees covered.** This subpart applies to eligible DHS employees, subject to a determination by the Secretary or designee under [§ 9701.102(b)](/cfr/5/9701.102.md?p=b), except as provided in [paragraph (b)](#b) of this section. DHS employees who would otherwise be covered by 5 U.S.C. chapter 71 are eligible for coverage under this subpart. In addition, this subpart applies to an employee whose employment has ceased because of an unfair labor practice under [§ 9701.517](/cfr/5/9701.517.md) of this subpart and who has not obtained any other regular and substantially equivalent employment.
- (b) **Employees excluded.** This subpart does not apply to—
  - (1) An alien or noncitizen of the United States who occupies a position outside the United States;
  - (2) A member of the uniformed services as defined in [5 U.S.C. 2101(3)](/usc/5/2101.md?p=3);
  - (3) A supervisor or a management official;
  - (4) Any person who participates in a strike in violation of [5 U.S.C. 7311](/usc/5/7311.md);
  - (5) Employees of the United States Secret Service, including the United States Secret Service Uniformed Division;
  - (6) Employees of the Transportation Security Administration; or
  - (7) Any employee excluded pursuant to [§ 9701.514](/cfr/5/9701.514.md) or any other legal authority.

## Notes

### Authority

Authority: 5 U.S.C. 9701.

### Source

Source: 70 FR 5318, Feb. 1, 2005, unless otherwise noted.