
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC9503]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                        Subpart I--Miscellaneous
 
  CHAPTER 95--PERSONNEL FLEXIBILITIES RELATING TO THE INTERNAL REVENUE 
                                 SERVICE
 
Sec. 9503. Streamlined critical pay authority

    (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, for 
a period of 10 years after the date of enactment of this section, 
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.

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

(Added Pub. L. 105-206, title I, Sec. 1201(a), July 22, 1998, 112 Stat. 
712.)

                       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.
    The date of enactment of this section, referred to in subsec. (a), 
is the date of enactment of Pub. L. 105-206, which was approved July 22, 
1998.

                  Section Referred to in Other Sections

    This section is referred to in sections 9501, 9504, 9507 of this 
title; title 26 section 7803.
