5 CFR §9701.202

1. (a)This subpart applies to eligible DHS employees and positions listed in paragraph (b) of this section, subject to a determination by the Secretary or designee under § 9701.102(b).
2. (b)The following employees and positions are eligible for coverage under this subpart:
   1. (1)Employees and positions that would otherwise be covered by the General Schedule classification system established under 5 U.S.C. chapter 51;
   2. (2)Employees and positions that would otherwise be covered by a prevailing rate system established under 5 U.S.C. chapter 53, subchapter IV;
   3. (3)Employees in senior-level (SL) and scientific or professional (ST) positions who would otherwise be covered by 5 U.S.C. 5376; and
   4. (4)Members of the Senior Executive Service (SES) who would otherwise be covered by 5 U.S.C. chapter 53, subchapter VIII, subject to § 9701.102(d).