5 C.F.R. § 9901.402 Coverage.
Title 5 - Administrative Personnel
(a) This subpart applies to eligible DoD employees and positions in the categories listed in paragraph (b) of this section, subject to a determination by the Secretary under §9901.102(b)(2), except as provided in paragraph (c) of this section. (b) The following employees and positions in DoD organizational and functional units are eligible for coverage under this subpart: (1) Employees and positions who would otherwise be covered by 5 U.S.C. chapter 43; (2) Employees and positions who were excluded from chapter 43 by OPM under 5 CFR 430.202(d) prior to the date of coverage of this subpart; and (3) Such others designated by the Secretary as DoD may be authorized to include under 5 U.S.C. 9902. (c) This subpart does not apply to employees who have been, or are expected to be, employed in an NSPS position for less than a minimum period (as defined in §9901.404) during a single 12-month period.
Title 5: Administrative Personnel
PART 9901—DEPARTMENT OF DEFENSE HUMAN RESOURCES MANAGEMENT AND LABOR RELATIONS SYSTEMS
Subpart D—Performance Management
§ 9901.402 Coverage.

