§9502. Pay authority for critical positions — Inbound Citations

Citations to 5 U.S.C. § 9502 as a whole

• 5 U.S.C. § 9501(a)

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  (a) Any flexibilities provided by sections 9502 through 9510 of this chapter shall be exercised in a manner consistent with—

  (1) chapter 23 (relating to merit system principles and prohibited personnel practices);

  (2) provisions relating to preference eligibles;

  (3) except as otherwise specifically provided, section 5307 (relating to the aggregate limitation on pay);

  (4) except as otherwise specifically provided, chapter 71 (relating to labor-management relations); and

  (5) subject to subsections (b) and (c) of section 1104, as though such authorities were delegated to the Secretary of the Treasury under section 1104(a)(2).
• 5 U.S.C. § 9503(a)

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  (a) Notwithstanding section 9502, and without regard to the provisions of this title governing appointments in the competitive service or the Senior Executive Service and chapters 51 and 53 (relating to classification and pay rates), the Secretary of the Treasury may, Before¹ September 30, 2013, establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to carry out the functions of the Internal Revenue Service, if—

  (1) the positions—

  (A) require expertise of an extremely high level in an administrative, technical, or professional field; and

  (B) are critical to the Internal Revenue Service’s successful accomplishment of an important mission;

  (2) exercise of the authority is necessary to recruit or retain an individual exceptionally well qualified for the position;

  (3) the number of such positions does not exceed 40 at any one time;

  (4) designation of such positions are approved by the Secretary of the Treasury;

  (5) the terms of such appointments are limited to no more than 4 years;

  (6) appointees to such positions were not Internal Revenue Service employees prior to June 1, 1998;

  (7) total annual compensation for any appointee to such positions does not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3; and

  (8) all such positions are excluded from the collective bargaining unit.
• 5 U.S.C. § 9504(b)

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  (b) Before September 30, 2013, the Secretary of the Treasury may pay from appropriations made to the Internal Revenue Service allowable relocation expenses under section 5724a for employees transferred or reemployed and allowable travel and transportation expenses under section 5723 for new appointees, for any new appointee appointed to a position for which pay is fixed under section 9502 or 9503 after June 1, 1998.
• 5 U.S.C. § 9507(a)

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  (a) The exercise of any of the flexibilities under sections 9502 through 9510 shall not affect the authority of the Secretary of the Treasury to implement for the Internal Revenue Service a demonstration project subject to chapter 47, as provided in subsection (b).