112 STAT. 712 PUBLIC LAW 105-206-JULY 22, 1998 'Subpart I—Miscellaneous "CHAPTER 95—PERSONNEL FLEXIBILITIES RELATING TO THE INTERNAL REVENUE SERVICE "Sec. "9501. Internal Revenue Service personnel flexibilities. "9502. Pay authority for critical positions. "9503. Streamlined critical pay authority. "9504. Recruitment, retention, relocation incentives, and relocation expenses. "9505. Performance awards for senior executives. "9506. Limited appointments to career reserved Senior Executive Service positions. "9507. Streamlined demonstration project authority. "9508. General workforce performance management system. "9509. General workforce classification and pay. "9510. General workforce staffing. "§ 9501. Internal Revenue Service personnel flexibilities "(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 IVeasury under section 1104(a)(2). "(b) The Secretary of the Treasury shall provide the Office of Personnel Management with any information that Office requires in carrying out its responsibilities under this section. "(c) Employees within a unit to which a labor organization is accorded exclusive recognition under chapter 71 shall not be subject to any flexibility provided by sections 9507 through 9510 of this chapter unless the exclusive representative and the Internal Revenue Service have entered into a written agreement which specifically provides for the exercise of that flexibility. Such written agreement may be imposed by the Federal Services Impasses Panel under section 7119. '*§ 9502. Pay authority for critical positions "(a) When the Secretary of the Treasury seeks a grant of authority under section 5377 for critical pay for 1 or more positions at the Internal Revenue Service, the Office of Management and Budget may fix the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any rate up to the salary set in accordance with section 104 of title 3. "(b) Notwithstanding section 5307, no allowance, diffierential, bonus, award, or similar cash pa3anent may be paid to any employee receiving critical pay at a rate fixed under subsection (a), in any calendar year if, or to the extent that, the employee's total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.
- '§ 9503. Streamlined critical pay authority
"(a) Notwithstanding section 9502, and without regard to the provisions of this title governing appointments in the competitive
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