5 CFR § 9701.312 - Maximum rates.

---
identifier: "/us/cfr/t5/s9701.312"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 9701.312 - Maximum rates."
title_number: 5
title_name: "Administrative Personnel"
section_number: "9701.312"
section_name: "Maximum rates."
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: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 9701.312 Maximum rates.

(a) DHS may not pay any employee an annual rate of basic pay in excess of the rate for level III of the Executive Schedule, except as provided in paragraph (b) of this section.

(b) DHS may establish the maximum annual rate of basic pay for members of the SES at the rate for level II of the Executive Schedule if DHS obtains the certification specified in 5 U.S.C. 5307(d).