5 U.S.C. § 9503 | Streamlined critical pay authority

(a)

1 So in original. Probably should not be capitalized.

September 30, 2013 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, Before  , 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)

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

(7)

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

(8)

all such positions are excluded from the collective bargaining unit.

(b)

Individuals appointed under this section shall not be considered to be employees for purposes of subchapter II of chapter 75.

Pub. L. 105–206, title I, § 1201(a)July 22, 1998112 Stat. 712 Pub. L. 110–161, div. D, title I, § 105Dec. 26, 2007121 Stat. 1977 Pub. L. 113–6, div. F, title III, § 1309Mar. 26, 2013127 Stat. 418(Added , , ; amended , , ; , , .)

Editorial Notes

References in Text

The provisions of this title governing appointments in the competitive service, referred to in subsec. (a), are classified generally to section 3301 et seq. of this title.

Amendments

Pub. L. 113–6September 30, 2013July 23, 2013July 23, 20132013—Subsec. (a). , which directed substitution of “Before ” for “Before ” wherever appearing, was executed by making the substitution for “before ” in introductory provisions to reflect the probable intent of Congress.

Pub. L. 110–161July 23, 20132007—Subsec. (a). substituted “before ” for “for a period of 10 years after the date of enactment of this section” in introductory provisions.