---
kind: "section"
citation: "5 U.S.C. § 9510"
title: "5"
title_heading: "Government Organization and Employees"
number: "9510"
heading: "General workforce staffing"
release: "119-102"
url: "https://uscodex.org/usc/5/9510"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 95 — Personnel Flexibilities Relating to the Internal Revenue Service"
---

# §9510. General workforce staffing

- (a)
  - (1) Except as otherwise provided by this section, an [employee](/usc/5/5361.md?p=1) of the Internal Revenue [Service](/usc/5/8331.md?p=12) may be selected for a permanent appointment in the competitive [service](/usc/5/8331.md?p=12) in the Internal Revenue [Service](/usc/5/8331.md?p=12) through internal competitive promotion procedures if—
    - (A) the [employee](/usc/5/5361.md?p=1) has completed, in the competitive [service](/usc/5/8331.md?p=12), 2 years of current continuous [service](/usc/5/8331.md?p=12) under a term appointment or any combination of term appointments;
    - (B) such term appointment or appointments were made under competitive procedures prescribed for permanent appointments;
    - (C) the [employee](/usc/5/5361.md?p=1)’s performance under such term appointment or appointments met established retention standards, or, if not covered by a performance management system established under [section 9508](/usc/5/9508.md), was rated at the fully successful level or higher (or equivalent thereof); and
    - (D) the vacancy announcement for the term appointment from which the conversion is made stated that there was a potential for subsequent conversion to a permanent appointment.
  - (2) An appointment under this section may be made only to a [position](/usc/5/5531.md?p=2) in the same line of work as a [position](/usc/5/5531.md?p=2) to which the [employee](/usc/5/5361.md?p=1) received a term appointment under competitive procedures.
- (b)
  - (1) Notwithstanding subchapter I of [chapter 33](/usc/5/chptIII-sptB-ch33.md), the Secretary of the Treasury may establish category rating systems for evaluating applicants for Internal Revenue [Service](/usc/5/8331.md?p=12) [positions](/usc/5/5531.md?p=2) in the competitive [service](/usc/5/8331.md?p=12) under which qualified candidates are divided into two or more quality categories on the basis of relative degrees of merit, rather than assigned individual numerical ratings.
  - (2) Each applicant who meets the minimum qualification requirements for the [position](/usc/5/5531.md?p=2) to be filled shall be assigned to an appropriate category based on an evaluation of the applicant’s knowledge, skills, and abilities relative to those needed for successful performance in the [position](/usc/5/5531.md?p=2) to be filled.
  - (3) Within each quality category established under [paragraph (1)](#b-1), preference eligibles shall be listed ahead of individuals who are not preference eligibles. For other than scientific and professional [positions](/usc/5/5531.md?p=2) at or higher than GS–9 (or equivalent), preference eligibles who have a compensable [service](/usc/5/8331.md?p=12)-connected disability of 10 percent or more, and who meet the minimum qualification standards, shall be listed in the highest quality category.
  - (4) An appointing [authority](/usc/5/7103.md?p=a-6) may select any applicant from the highest quality category or, if fewer than three candidates have been assigned to the highest quality category, from a merged category consisting of the highest and second highest quality categories.
  - (5) Notwithstanding [paragraph (4)](#b-4), the appointing [authority](/usc/5/7103.md?p=a-6) may not pass over a preference eligible in the same or higher category from which selection is made unless the requirements of section [3317(b)](/usc/5/3317.md?p=b) or [3318(c)](/usc/5/3318.md?p=c), as applicable, are satisfied.
- (c) The Secretary of the Treasury may detail [employees](/usc/5/5361.md?p=1) among the offices of the Internal Revenue [Service](/usc/5/8331.md?p=12) without regard to the 120-day limitation in [section 3341(b)](/usc/5/3341.md?p=b).
- (d) Notwithstanding any other provision of law, the Secretary of the Treasury may establish a probationary period under [section 3321](/usc/5/3321.md) of up to 3 years for Internal Revenue [Service](/usc/5/8331.md?p=12) [positions](/usc/5/5531.md?p=2) if the Secretary of the Treasury determines that the nature of the work is such that a shorter period is insufficient to demonstrate complete proficiency in the [position](/usc/5/5531.md?p=2).
- (e) Nothing in this section exempts the Secretary of the Treasury from—
  - (1) any employment priority established under direction of the President for the placement of surplus or displaced [employees](/usc/5/5361.md?p=1); or
  - (2) any obligation under a court order or decree relating to the employment practices of the Internal Revenue [Service](/usc/5/8331.md?p=12) or the Department of the Treasury.

## Source credit

(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 717; amended Pub. L. 114–137, § 2(c), Mar. 18, 2016, 130 Stat. 312.)

## Notes

### Editorial Notes

### References in Text

GS–9, referred to in subsec. (b)(3), is contained in the General Schedule which is set out under section 5332 of this title.

### Amendments

2016—Subsec. (b)(5). Pub. L. 114–137 substituted “3318(c)” for “3318(b)”.