5 C.F.R. § 9701.304
Definitions.
Cite as 5 C.F.R. § 9701.304 (2026)
In this part:
48 contiguous States
means the States of the United States, excluding Alaska and Hawaii, but including the District of Columbia.
Band
means a work level or pay range within an occupational cluster.
Band rate range
means the range of rates of basic pay (excluding any locality or special rate supplements) applicable to employees in a particular band, as described in § 9701.321. Each band rate range is defined by a minimum and maximum rate.
Basic pay
means an employee's rate of pay before any deductions and exclusive of additional pay of any kind, except as expressly provided by law or regulation. For the specific purposes prescribed in §§ 9701.332(c) and 9701.333, respectively, basic pay includes locality and special rate supplements.
Competencies
means the measurable or observable knowledge, skills, abilities, behaviors, and other characteristics required by a position.
Day
means a calendar day.
Demotion
means a reduction to a lower band within the same occupational cluster or a reduction to a lower band in a different occupational cluster under implementing directives issued by DHS pursuant to § 9701.355.
Locality rate supplement
means a geographic-based addition to basic pay, as described in § 9701.332.
Modal rating
means the rating of record that occurs most frequently in a particular pay pool.
Occupational cluster
means a grouping of one or more associated or related occupations or positions. An occupational cluster may include one or more occupational series.
Promotion
means an increase to a higher band within the same occupational cluster or an increase to a higher band in a different occupational cluster under implementing directives issued by DHS pursuant to § 9701.355.
Rating of record
means a performance appraisal prepared—
(1) At the end of an appraisal period covering an employee's performance of assigned duties against performance expectations (as defined in § 9701.404) over the applicable period; or
(2) To support a pay determination, including one granted in accordance with subpart C of this part, a within-grade increase granted under 5 CFR 531.404, or a pay determination granted under other applicable rules.
SES
means the Senior Executive Service established under 5 U.S.C. chapter 31, subchapter II.
SL/ST
refers to an employee serving in a senior-level position paid under 5 U.S.C. 5376. The term “SL” identifies a senior-level employee covered by 5 U.S.C. 3324 and 5108. The term “ST” identifies an employee who is appointed under the special authority in 5 U.S.C. 3325 to a scientific or professional position established under 5 U.S.C. 3104.
Special rate supplement
means an addition to basic pay for a particular category of employees to address staffing problems, as described in § 9701.333. A special rate supplement is paid in place of any lesser locality rate supplement that would otherwise apply.
Unacceptable performance
means the failure to meet one or more performance expectations, as described in § 9701.406.
- Cross-references to the US Code
- 5:3104.5:33245:33255:5376.
- Cross-references to the CFR
- 5:531.4049701.321.9701.3329701.332.9701.333.9701.355.9701.4049701.406.