---
kind: "section"
citation: "5 U.S.C. § 9807"
title: "5"
title_heading: "Government Organization and Employees"
number: "9807"
heading: "Pay authority for critical positions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/9807"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 98 — National Aeronautics and Space Administration"
---

# §9807. Pay authority for critical positions

- (a) In this section, the term “[position](/usc/5/5102.md?p=a-3)” means—
  - (1) a [position](/usc/5/5102.md?p=a-3) to which [chapter 51](/usc/5/chptIII/sptD/ch51.md) applies, including a [position](/usc/5/5102.md?p=a-3) in the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26);
  - (2) a [position](/usc/5/5102.md?p=a-3) under the Executive Schedule under sections [5312](/usc/5/5312.md) through [5317](/usc/5/5317.md);
  - (3) a [position](/usc/5/5102.md?p=a-3) established under [section 3104](/usc/5/3104.md); or
  - (4) a senior-level [position](/usc/5/5102.md?p=a-3) to which [section 5376(a)(1)](/usc/5/5376.md?p=a-1) applies.
- (b) [Authority](/usc/5/7103.md?p=a-6) under this section—
  - (1) may be exercised only with respect to a [position](/usc/5/5102.md?p=a-3) that—
    - (A) is described as addressing a [critical need](/usc/5/9801.md?p=3) in the [workforce plan](/usc/5/9801.md?p=5) under [section 9802(b)(2)(A)](/usc/5/9802.md?p=b-2-A); and
    - (B) requires expertise of an extremely high level in a scientific, technical, professional, or administrative field;
  - (2) may be exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the [position](/usc/5/5102.md?p=a-3); and
  - (3) may be exercised only in retaining [employees](/usc/5/4701.md?p=a-2) of the [Administration](/usc/5/9801.md?p=1) or in appointing individuals who were not [employees](/usc/5/4701.md?p=a-2) of another Federal [agency](/usc/5/3132.md?p=a-1) as defined under [section 5102(a)(1)](/usc/5/5102.md?p=a-1).
- (c)
  - (1) Notwithstanding [section 5377](/usc/5/5377.md), the [Administrator](/usc/5/9801.md?p=2) may fix the rate of [basic pay](/usc/5/8401.md?p=4) for a [position](/usc/5/5102.md?p=a-3) in the [Administration](/usc/5/9801.md?p=1) in accordance with this section. The [Administrator](/usc/5/9801.md?p=2) may not delegate this [authority](/usc/5/7103.md?p=a-6).
  - (2) The number of [positions](/usc/5/5102.md?p=a-3) with [pay](/usc/5/7511.md?p=a-4) fixed under this section may not exceed 10 at any time.
- (d)
  - (1) The rate of [basic pay](/usc/5/8401.md?p=4) fixed under this section may not be less than the rate of [basic pay](/usc/5/8401.md?p=4) (including any comparability payments) which would otherwise be payable for the [position](/usc/5/5102.md?p=a-3) involved if this section had never been enacted.
  - (2) The annual rate of [basic pay](/usc/5/8401.md?p=4) fixed under this section may not exceed the per annum rate of salary payable under [section 104 of title 3](/usc/3/104.md).
  - (3) Notwithstanding any provision of [section 5307](/usc/5/5307.md), in the case of an [employee](/usc/5/4701.md?p=a-2) who, during any calendar year, is receiving [pay](/usc/5/7511.md?p=a-4) at a rate fixed under this section, no allowance, differential, bonus, award, or similar cash payment may be paid to such [employee](/usc/5/4701.md?p=a-2) if, or to the extent that, when added to [basic pay](/usc/5/8401.md?p=4) paid or payable to such [employee](/usc/5/4701.md?p=a-2) (for [service](/usc/5/8401.md?p=26) performed in such calendar year as an [employee](/usc/5/4701.md?p=a-2) in the executive branch or as an [employee](/usc/5/4701.md?p=a-2) outside the executive branch to whom [chapter 51](/usc/5/chptIII/sptD/ch51.md) applies), such payment would cause the total to exceed the per annum rate of salary which, as of the end of such calendar year, is payable under [section 104 of title 3](/usc/3/104.md).

## Source credit

(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 467.)