---
kind: "section"
citation: "5 C.F.R. § 304.104"
title: "5"
number: "304.104"
heading: "Determining rate of pay."
url: "https://uscodex.org/cfr/5/304.104"
---

# §304.104. Determining rate of pay.

- (a) **The rate of basic pay for experts and consultants is set by administrative action.** The head of an agency, or his or her designee, must determine the appropriate rate of basic pay on an hourly or daily basis, subject to the limitations described in [section 304.105](/cfr/5/304.105.md).
- (b) The head of an agency, or his or her designee, shall consider the following factors in setting the initial rate of basic pay for an expert or consultant:
  - (1) The level and difficulty of the work to be performed;
  - (2) The qualifications of the expert or consultant;
  - (3) The pay rates of comparable individuals performing similar work in Federal or non-Federal sectors; and
  - (4) **The availability of qualified candidates.**
- (c) An expert or consultant appointed under [5 U.S.C. 3109](/usc/5/3109.md) may be employed without pay, provided the individual agrees in advance in writing to waive any claim for compensation for those services.

## Notes

### Authority

Authority: 5 U.S.C. 3109.

### Source

Source: 60 FR 45648, Sept. 1, 1995, unless otherwise noted.