5 U.S. Code § 9503 - Streamlined critical pay authority

Status message

There is 1 Update Pending. Select the tab below to view.
(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, Before  [1] September 30, 2013, 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.

[1]  So in original. Probably should not be capitalized.


(Added Pub. L. 105–206, title I, § 1201(a),July 22, 1998, 112 Stat. 712; amended Pub. L. 110–161, div. D, title I, § 105,Dec. 26, 2007, 121 Stat. 1977; Pub. L. 113–6, div. F, title III, § 1309,Mar. 26, 2013, 127 Stat. 418.)
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.

2013—Subsec. (a). Pub. L. 113–6, which directed substitution of “Before September 30, 2013” for “Before July 23, 2013”, was executed by making the substitution for “before July 23, 2013” to reflect the probable intent of Congress.
2007—Subsec. (a). Pub. L. 110–161substituted “before July 23, 2013” for “for a period of 10 years after the date of enactment of this section” in introductory provisions.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

5 USCDescription of ChangeSession YearPublic LawStatutes at Large
§ 95032013113-6 [Sec.] 1309127 Stat. 418

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

26 CFR - Internal Revenue



LII has no control over and does not endorse any external Internet site that contains links to or references LII.