(a)In lieu of a performance appraisal system established under section
4302, the Secretary of the Treasury shall, within 1 year after the date of enactment of this section, establish for the Internal Revenue Service a performance management system that—
(1)maintains individual accountability by—
(A)establishing one or more retention standards for each employee related to the work of the employee and expressed in terms of individual performance, and communicating such retention standards to employees;
(B)making periodic determinations of whether each employee meets or does not meet the employee’s established retention standards; and
(C)taking actions, in accordance with applicable laws and regulations, with respect to any employee whose performance does not meet established retention standards, including denying any increases in basic pay, promotions, and credit for performance under section
3502, and taking one or more of the following actions:
(ii)An action under chapter
43 or chapter
75 of this title.
(iii)Any other appropriate action to resolve the performance problem; and
(2)except as provided under section 1204 of the Internal Revenue Service Restructuring and Reform Act of 1998, strengthens the system’s effectiveness by—
(A)establishing goals or objectives for individual, group, or organizational performance (or any combination thereof), consistent with the Internal Revenue Service’s performance planning procedures, including those established under the Government Performance and Results Act of 1993, subtitle III of title
40, Revenue Procedure 64–22 (as in effect on July 30, 1997), and taxpayer service surveys, and communicating such goals or objectives to employees;
(B)using such goals and objectives to make performance distinctions among employees or groups of employees; and
(C)using performance assessments as a basis for granting employee awards, adjusting an employee’s rate of basic pay, and other appropriate personnel actions, in accordance with applicable laws and regulations.
(1)For purposes of subsection (a)(2), the term “performance assessment” means a determination of whether or not retention standards established under subsection (a)(1)(A) are met, and any additional performance determination made on the basis of performance goals and objectives established under subsection (a)(2)(A).
(2)For purposes of this title, the term “unacceptable performance” with respect to an employee of the Internal Revenue Service covered by a performance management system established under this section means performance of the employee which fails to meet a retention standard established under this section.
(1)The Secretary of the Treasury may establish an awards program designed to provide incentives for and recognition of organizational, group, and individual achievements by providing for granting awards to employees who, as individuals or members of a group, contribute to meeting the performance goals and objectives established under this chapter by such means as a superior individual or group accomplishment, a documented productivity gain, or sustained superior performance.
(2)A cash award under subchapter I of chapter 45 may be granted to an employee of the Internal Revenue Service without the need for any approval under section
(1)In applying sections
7513(b)(1) to employees of the Internal Revenue Service, “30 days” may be deemed to be “15 days”.
(2)Notwithstanding the second sentence of section
5335(c), an employee of the Internal Revenue Service shall not have a right to appeal the denial of a periodic step increase under section
5335 to the Merit Systems Protection Board.
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 1204 of the Internal Revenue Service Restructuring and Reform Act of 1998, referred to in subsec. (a)(2), is section 1204 ofPub. L. 105–206, which is set out as a note under section
7804 of Title
26, Internal Revenue Code.
The Government Performance and Results Act of 1993, referred to in subsec. (a)(2)(A), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section
306 of this title, sections
9704 of Title
31, Money and Finance, and sections
2805 of Title
39, Postal Service, amended section
1105 of Title
31, and enacted provisions set out as notes under sections
1115 of Title
31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section
1101 of Title
31 and Tables.
2002—Subsec. (a)(2)(A). Pub. L. 107–217substituted “subtitle III of title
40” for “division E of the Clinger-Cohen Act of 1996 (Public Law 104–106; 110 Stat. 679)”.
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.