I
105TH CONGRESS
1ST SESSION
H. R. 2676
To amend the Internal Revenue Code of 1986 to restructure and reform
the Internal Revenue Service, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 21, 1997
Mr. ARCHER (for himself, Mr. PORTMAN, and Mr. CARDIN) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on Government Reform and Oversight,
and Rules, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To amend the Internal Revenue Code of 1986 to restructure
and reform the Internal Revenue Service, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE;
TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Internal Revenue Service Restructuring and Reform Act
of 1997’’.
(b) AMENDMENT OF 1986 CODE.—Except as other-
wise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Internal Revenue Code of 1986.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; amendment of 1986 Code; table of contents.
TITLE I—EXECUTIVE BRANCH GOVERNANCE AND SENIOR
MANAGEMENT OF THE INTERNAL REVENUE SERVICE
Subtitle A—Executive Branch Governance and Senior Management
Sec. 101. Internal Revenue Service Oversight Board.
Sec. 102. Commissioner of Internal Revenue; other officials.
Sec. 103. Other personnel.
Sec. 104. Prohibition on executive branch influence over taxpayer audits and
collection activity.
Subtitle B—Personnel Flexibilities
Sec. 111. Personnel flexibilities.
TITLE II—ELECTRONIC FILING
Sec. 201. Electronic filing of tax and information returns.
Sec. 202. Due date for certain information returns filed electronically.
Sec. 203. Paperless electronic filing.
Sec. 204. Return-free tax system.
Sec. 205. Access to account information.
TITLE III—TAXPAYER PROTECTION AND RIGHTS
Sec. 300. Short title.
Subtitle A—Burden of Proof
Sec. 301. Burden of proof.
Subtitle B—Proceedings by Taxpayers
Sec. 311. Expansion of authority to award costs and certain fees.
Sec. 312. Civil damages for negligence in collection actions.
Sec. 313. Increase in size of cases permitted on small case calendar.
Subtitle C—Relief for Innocent Spouses and for Taxpayers Unable To
Manage Their Financial Affairs Due to Disabilities
Sec. 321. Spouse relieved in whole or in part of liability in certain cases.
Sec. 322. Suspension of statute of limitations on filing refund claims during pe-
riods of disability.
Subtitle D—Elimination of Interest Rate Differential on Overlapping Periods
of Interest on Income Tax Overpayments and Underpayments
Sec. 331. Elimination of interest rate differential on overlapping periods of in-
terest on income tax overpayments and underpayments.
Subtitle E—Protections for Taxpayers Subject to Audit or Collection
Activities
Sec. 341. Privilege of confidentiality extended to taxpayer’s dealings with non-
attorneys authorized to practice before Internal Revenue Serv-
ice.
Sec. 342. Expansion of authority to issue taxpayer assistance orders.
Sec. 343. Limitation on financial status audit techniques.
Sec. 344. Limitation on authority to require production of computer source
code.
Sec. 345. Procedures relating to extensions of statute of limitations by agree-
ment.
Sec. 346. Offers-in-compromise.
Sec. 347. Notice of deficiency to specify deadlines for filing Tax Court petition.
Sec. 348. Refund or credit of overpayments before final determination.
Sec. 349. Threat of audit prohibited to coerce Tip Reporting Alternative Com-
mitment Agreements.
Subtitle F—Disclosures to Taxpayers
Sec. 351. Explanation of joint and several liability.
Sec. 352. Explanation of taxpayers’ rights in interviews with the Internal Reve-
nue Service.
Sec. 353. Disclosure of criteria for examination selection.
Sec. 354. Disclosure of field service advice memoranda.
Sec. 355. Explanations of appeals and collection process.
Subtitle G—Low Income Taxpayer Clinics
Sec. 361. Low income taxpayer clinics.
Subtitle H—Other Matters
Sec. 371. Actions for refund with respect to certain estates which have elected
the installment method of payment.
Sec. 372. Cataloging complaints.
Sec. 373. Archive of records of Internal Revenue Service.
Sec. 374. Payment of taxes.
Sec. 375. Clarification of authority of Secretary relating to the making of elec-
tions.
Subtitle I—Studies
Sec. 381. Penalty administration.
Sec. 382. Confidentiality of tax return information.
TITLE IV—CONGRESSIONAL ACCOUNTABILITY FOR THE
INTERNAL REVENUE SERVICE
Subtitle A—Oversight
Sec. 401. Expansion of duties of the Joint Committee on Taxation.
Sec. 402. Coordinated oversight reports.
Subtitle B—Budget
Sec. 411. Funding for century date change.
Sec. 412. Financial Management Advisory Group.
Subtitle C—Tax Law Complexity
Sec. 421. Role of the Internal Revenue Service.
Sec. 422. Tax complexity analysis.
TITLE V—CLARIFICATION OF DEDUCTION FOR DEFERRED
COMPENSATION
Sec. 501. Clarification of deduction for deferred compensation.
TITLE 
I—EXECUTIVE 
BRANCH
GOVERNANCE 
AND 
SENIOR
MANAGEMENT OF THE INTER-
NAL REVENUE SERVICE
Subtitle A—Executive Branch Gov-
ernance and Senior Manage-
ment
SEC. 
101. 
INTERNAL 
REVENUE 
SERVICE 
OVERSIGHT
BOARD.
(a) IN GENERAL.—Section 7802 (relating to the
Commissioner of Internal Revenue) is amended to read as
follows:
‘‘SEC. 7802. INTERNAL REVENUE SERVICE OVERSIGHT
BOARD.
‘‘(a) ESTABLISHMENT.—There is established within
the Department of the Treasury the Internal Revenue
Service Oversight Board (hereafter in this subchapter re-
ferred to as the ‘Oversight Board’).
‘‘(b) MEMBERSHIP.—
‘‘(1) 
COMPOSITION.—The 
Oversight 
Board
shall be composed of 11 members, as follows:
‘‘(A) 8 members shall be individuals who
are not Federal officers or employees and who
are appointed by the President, by and with the
advice and consent of the Senate.
‘‘(B) 1 member shall be the Secretary of
the Treasury or, if the Secretary so designates,
the Deputy Secretary of the Treasury.
‘‘(C) 1 member shall be the Commissioner
of Internal Revenue.
‘‘(D) 1 member shall be an individual who
is a representative of an organization that rep-
resents a substantial number of Internal Reve-
nue Service employees and who is appointed by
the President, by and with the advice and con-
sent of the Senate.
‘‘(2) QUALIFICATIONS AND TERMS.—
‘‘(A) QUALIFICATIONS.—Members of the
Oversight Board described in paragraph (1)(A)
shall be appointed solely on the basis of their
professional experience and expertise in 1 or
more of the following areas:
‘‘(i) Management of large service or-
ganizations.
‘‘(ii) Customer service.
‘‘(iii) Federal tax laws, including tax
administration and compliance.
‘‘(iv) Information technology.
‘‘(v) Organization development.
‘‘(vi) The needs and concerns of tax-
payers.
In the aggregate, the members of the Oversight
Board described in paragraph (1)(A) should
collectively bring to bear expertise in all of the
areas described in the preceding sentence.
‘‘(B) TERMS.—Each member who is de-
scribed in paragraph (1)(A) or (D) shall be ap-
pointed for a term of 5 years, except that of the
members first appointed under paragraph
(1)(A)—
‘‘(i) 1 member shall be appointed for
a term of 1 year,
‘‘(ii) 1 member shall be appointed for
a term of 2 years,
‘‘(iii) 2 members shall be appointed
for a term of 3 years, and
‘‘(iv) 2 members shall be appointed
for a term of 4 years.
Such terms shall begin on the date of appoint-
ment.
‘‘(C) 
REAPPOINTMENT.—An 
individual
who is described in paragraph (1)(A) may be
appointed to no more than two 5-year terms on
the Oversight Board.
‘‘(D) VACANCY.—Any vacancy on the
Oversight Board shall be filled in the same
manner as the original appointment. Any mem-
ber appointed to fill a vacancy occurring before
the expiration of the term for which the mem-
ber’s predecessor was appointed shall be ap-
pointed for the remainder of that term.
‘‘(E) 
SPECIAL
GOVERNMENT
EMPLOY-
EES.—During such periods as they are per-
forming services for the Oversight Board, mem-
bers who are not Federal officers or employees
shall be treated as special government employ-
ees (as defined in section 202 of title 18, Unit-
ed States Code).
‘‘(4) QUORUM.—6 members of the Oversight
Board shall constitute a quorum. A majority of
members present and voting shall be required for the
Oversight Board to take action.
‘‘(5) REMOVAL.—
‘‘(A) IN GENERAL.—Any member of the
Oversight Board may be removed at the will of
the President.
‘‘(B) SECRETARY
AND
COMMISSIONER.—
An individual described in subparagraph (B) or
(C) of paragraph (1) shall be removed upon ter-
mination of employment.
‘‘(C) REPRESENTATIVE OF INTERNAL REV-
ENUE SERVICE EMPLOYEES.—The member de-
scribed in paragraph (1)(D) shall be removed
upon termination of employment, membership,
or other affiliation with the organization de-
scribed in such paragraph.
‘‘(6) CLAIMS.—
‘‘(A) IN GENERAL.—Members of the Over-
sight Board who are described in paragraph
(1)(A) or (D) shall have no personal liability
under Federal law with respect to any claim
arising out of or resulting from an act or omis-
sion by such member within the scope of service
as a member. The preceding sentence shall not
be construed to limit personal liability for crimi-
nal acts or omissions, willful or malicious con-
duct, acts or omissions for private gain, or any
other act or omission outside the scope of the
service of such member on the Oversight Board.
‘‘(B) EFFECT ON OTHER LAW.—This para-
graph shall not be construed—
‘‘(i) to affect any other immunities
and protections that may be available to
such member under applicable law with re-
spect to such transactions,
‘‘(ii) to affect any other right or rem-
edy against the United States under appli-
cable law, or
‘‘(iii) to limit or alter in any way the
immunities that are available under appli-
cable law for Federal officers and employ-
ees.
‘‘(c) GENERAL RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—The Oversight Board shall
oversee the Internal Revenue Service in its adminis-
tration, management, conduct, direction, and super-
vision of the execution and application of the inter-
nal revenue laws or related statutes and tax conven-
tions to which the United States is a party.
‘‘(2) EXCEPTIONS.—The Oversight Board shall
have no responsibilities or authority with respect
to—
‘‘(A) the development and formulation of
Federal tax policy relating to existing or pro-
posed internal revenue laws, related statutes,
and tax conventions,
‘‘(B) law enforcement activities of the In-
ternal Revenue Service, including compliance
activities such as criminal investigations, exami-
nations, and collection activities, or
‘‘(C) specific procurement activities of the
Internal Revenue Service.
‘‘(3) RESTRICTION ON DISCLOSURE OF RETURN
INFORMATION TO OVERSIGHT BOARD MEMBERS.—
No return, return information, or taxpayer return
information (as defined in section 6103(b)) may be
disclosed to any member of the Oversight Board de-
scribed in subsection (b)(1)(A) or (D). Any request
for information not permitted to be disclosed under
the preceding sentence, and any contact relating to
a specific taxpayer, made by a member of the Over-
sight Board so described to an officer or employee
of the Internal Revenue Service shall be reported by
such officer or employee to the Secretary and the
Joint Committee on Taxation.
‘‘(d) SPECIFIC RESPONSIBILITIES.—The Oversight
Board shall have the following specific responsibilities:
‘‘(1) STRATEGIC
PLANS.—To review and ap-
prove strategic plans of the Internal Revenue Serv-
ice, including the establishment of—
‘‘(A) mission and objectives, and standards
of performance relative to either, and
‘‘(B) annual and long-range strategic
plans.
‘‘(2) OPERATIONAL
PLANS.—To review the
operational functions of the Internal Revenue Serv-
ice, including—
‘‘(A) plans for modernization of the tax
system,
‘‘(B) plans for outsourcing or managed
competition, and
‘‘(C) plans for training and education.
‘‘(3) MANAGEMENT.—To—
‘‘(A) recommend to the President can-
didates for appointment as the Commissioner of
Internal Revenue and recommend to the Presi-
dent the removal of the Commissioner,
‘‘(B) review the Commissioner’s selection,
evaluation, and compensation of senior man-
agers, and
‘‘(C) review and approve the Commis-
sioner’s plans for reorganization of the Internal
Revenue Service.
‘‘(4) BUDGET.—To—
‘‘(A) review and approve the budget re-
quest of the Internal Revenue Service prepared
by the Commissioner,
‘‘(B) submit such budget request to the
Secretary of the Treasury, and
‘‘(C) ensure that the budget request sup-
ports the annual and long-range strategic plans.
The Secretary shall submit the budget request referred to
in paragraph (4)(B) for any fiscal year to the President
who shall submit such request, without revision, to Con-
gress together with the President’s annual budget request
for the Internal Revenue Service for such fiscal year.
‘‘(e) BOARD PERSONNEL MATTERS.—
‘‘(1) COMPENSATION OF MEMBERS.—
‘‘(A) IN GENERAL.—Each member of the
Oversight Board who is described in subsection
(b)(1)(A) shall be compensated at a rate of
$30,000 per year. All other members of the
Oversight Board shall serve without compensa-
tion for such service.
‘‘(B) 
CHAIRPERSON.—In 
lieu 
of 
the
amount specified in subparagraph (A), the
Chairperson of the Oversight Board shall be
compensated at a rate of $50,000.
‘‘(2) TRAVEL EXPENSES.—The members of the
Oversight Board shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, at rates au-
thorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business
in the performance of services for the Oversight
Board.
‘‘(3) STAFF.—At the request of the Chair-
person of the Oversight Board, the Commissioner
shall detail to the Oversight Board such personnel as
may be necessary to enable the Oversight Board to
perform its duties. Such detail shall be without
interruption or loss of civil service status or privi-
lege.
‘‘(4) PROCUREMENT
OF
TEMPORARY
AND
INTERMITTENT SERVICES.—The Chairperson of the
Oversight Board may procure temporary and inter-
mittent services under section 3109(b) of title 5,
United States Code.
‘‘(f) ADMINISTRATIVE MATTERS.—
‘‘(1) CHAIR.—The members of the Oversight
Board shall elect for a 2-year term a chairperson
from among the members appointed under sub-
section (b)(1)(A).
‘‘(2) COMMITTEES.—The Oversight Board may
establish such committees as the Oversight Board
determines appropriate.
‘‘(3) MEETINGS.—The Oversight Board shall
meet at least once each month and at such other
times as the Oversight Board determines appro-
priate.
‘‘(4) REPORTS.—The Oversight Board shall
each year report to the President and the Congress
with respect to the conduct of its responsibilities
under this title.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 4946(c) (relating to definitions and
special rules for chapter 42) is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (5),
(B) by striking the period at the end of
paragraph (6) and inserting ‘‘, or’’, and
(C) by adding at the end the following new
paragraph:
‘‘(7) a member of the Internal Revenue Service
Oversight Board.’’.
(2) The table of sections for subchapter A of
chapter 80 is amended by striking the item relating
to section 7802 and inserting the following new
item:
‘‘Sec. 7802. Internal Revenue Service Oversight Board.’’
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) NOMINATIONS
TO
INTERNAL
REVENUE
SERVICE OVERSIGHT BOARD.—The President shall
submit nominations under section 7802 of the Inter-
nal Revenue Code of 1986, as added by this section,
to the Senate not later than 6 months after the date
of the enactment of this Act.
SEC. 102. COMMISSIONER OF INTERNAL REVENUE; OTHER
OFFICIALS.
(a) IN GENERAL.—Section 7803 (relating to other
personnel) is amended to read as follows:
‘‘SEC. 
7803. 
COMMISSIONER 
OF 
INTERNAL 
REVENUE;
OTHER OFFICIALS.
‘‘(a) COMMISSIONER OF INTERNAL REVENUE.—
‘‘(1) APPOINTMENT.—
‘‘(A) IN GENERAL.—There shall be in the
Department of the Treasury a Commissioner of
Internal Revenue who shall be appointed by the
President, by and with the advice and consent
of the Senate, to a 5-year term. The appoint-
ment shall be made without regard to political
affiliation or activity.
‘‘(B) VACANCY.—Any individual appointed
to fill a vacancy in the position of Commis-
sioner occurring before the expiration of the
term for which such individual’s predecessor
was appointed shall be appointed only for the
remainder of that term.
‘‘(C) REMOVAL.—The Commissioner may
be removed at the will of the President.
‘‘(2) DUTIES.—The Commissioner shall have
such duties and powers as the Secretary may pre-
scribe, including the power to—
‘‘(A) administer, manage, conduct, direct,
and supervise the execution and application of
the internal revenue laws or related statutes
and tax conventions to which the United States
is a party; and
‘‘(B) recommend to the President a can-
didate for appointment as Chief Counsel for the
Internal Revenue Service when a vacancy oc-
curs, and recommend to the President the re-
moval of such Chief Counsel.
If the Secretary determines not to delegate a power
specified in subparagraph (A) or (B), such deter-
mination may not take effect until 30 days after the
Secretary notifies the Committees on Ways and
Means, Government Reform and Oversight, and Ap-
propriations of the House of Representatives, the
Committees on Finance, Government Operations,
and Appropriations of the Senate, and the Joint
Committee on Taxation.
‘‘(3) CONSULTATION WITH BOARD.—The Com-
missioner shall consult with the Oversight Board on
all matters set forth in paragraphs (2) and (3)
(other than paragraph (3)(A)) of section 7802(d).
‘‘(b) ASSISTANT COMMISSIONER
FOR EMPLOYEE
PLANS AND EXEMPT ORGANIZATIONS.—There is estab-
lished within the Internal Revenue Service an office to be
known as the ‘Office of Employee Plans and Exempt Or-
ganizations’ to be under the supervision and direction of
an Assistant Commissioner of Internal Revenue. As head
of the Office, the Assistant Commissioner shall be respon-
sible for carrying out such functions as the Secretary may
prescribe with respect to organizations exempt from tax
under section 501(a) and with respect to plans to which
part I of subchapter D of chapter 1 applies (and with re-
spect to organizations designed to be exempt under such
section and plans designed to be plans to which such part
applies) and other nonqualified deferred compensation ar-
rangements. The Assistant Commissioner shall report an-
nually to the Commissioner with respect to the Assistant
Commissioner’s responsibilities under this section.
‘‘(c) OFFICE OF TAXPAYER ADVOCATE.—
‘‘(1) IN GENERAL.—
‘‘(A) ESTABLISHMENT.—There is estab-
lished in the Internal Revenue Service an office
to be known as the ‘Office of the Taxpayer Ad-
vocate’. Such office shall be under the super-
vision and direction of an official to be known
as the ‘Taxpayer Advocate’ who shall be ap-
pointed with the approval of the Oversight
Board by the Commissioner of Internal Reve-
nue and shall report directly to the Commis-
sioner. The Taxpayer Advocate shall be entitled
to compensation at the same rate as the highest
level official reporting directly to the Commis-
sioner of Internal Revenue.
‘‘(B) RESTRICTION ON SUBSEQUENT EM-
PLOYMENT.—An individual who is an officer or
employee of the Internal Revenue Service may
be appointed as Taxpayer Advocate only if such
individual agrees not to accept any employment
with the Internal Revenue Service for at least
5 years after ceasing to be the Taxpayer Advo-
cate.
‘‘(2) FUNCTIONS OF OFFICE.—
‘‘(A) IN GENERAL.—It shall be the func-
tion of the Office of Taxpayer Advocate to—
‘‘(i) assist taxpayers in resolving prob-
lems with the Internal Revenue Service,
‘‘(ii) identify areas in which taxpayers
have problems in dealings with the Internal
Revenue Service,
‘‘(iii) to the extent possible, propose
changes in the administrative practices of
the Internal Revenue Service to mitigate
problems identified under clause (ii), and
‘‘(iv) 
identify 
potential 
legislative
changes which may be appropriate to miti-
gate such problems.
‘‘(B) ANNUAL REPORTS.—
‘‘(i) OBJECTIVES.—Not later than
June 30 of each calendar year, the Tax-
payer Advocate shall report to the Commit-
tee on Ways and Means of the House of
Representatives and the Committee on Fi-
nance of the Senate on the objectives of
the Taxpayer Advocate for the fiscal year
beginning in such calendar year. Any such
report shall contain full and substantive
analysis, in addition to statistical informa-
tion.
‘‘(ii) ACTIVITIES.—Not later than De-
cember 31 of each calendar year, the Tax-
payer Advocate shall report to the Commit-
tee on Ways and Means of the House of
Representatives and the Committee on Fi-
nance of the Senate on the activities of the
Taxpayer Advocate during the fiscal year
ending during such calendar year. Any
such report shall contain full and sub-
stantive analysis, in addition to statistical
information, and shall—
‘‘(I) identify the initiatives the
Taxpayer Advocate has taken on im-
proving taxpayer services and Internal
Revenue Service responsiveness,
‘‘(II) contain recommendations
received from individuals with the au-
thority to issue Taxpayer Assistance
Orders under section 7811,
‘‘(III) contain a summary of at
least 20 of the most serious problems
encountered by taxpayers, including a
description of the nature of such prob-
lems,
‘‘(IV) contain an inventory of the
items described in subclauses (I), (II),
and (III) for which action has been
taken and the result of such action,
‘‘(V) contain an inventory of the
items described in subclauses (I), (II),
and (III) for which action remains to
be completed and the period during
which each item has remained on such
inventory,
‘‘(VI) contain an inventory of the
items described in subclauses (I), (II),
and (III) for which no action has been
taken, the period during which each
item has remained on such inventory,
the reasons for the inaction, and iden-
tify any Internal Revenue Service offi-
cial who is responsible for such inac-
tion,
‘‘(VII) identify any Taxpayer As-
sistance Order which was not honored
by the Internal Revenue Service in a
timely manner, as specified under sec-
tion 7811(b),
‘‘(VIII) contain recommendations
for such administrative and legislative
action as may be appropriate to re-
solve problems encountered by tax-
payers,
‘‘(IX) identify areas of the tax
law that impose significant compliance
burdens on taxpayers or the Internal
Revenue Service, including specific
recommendations for remedying these
problems,
‘‘(X) in conjunction with the Na-
tional Director of Appeals, identify
the 10 most litigated issues for each
category of taxpayers, including rec-
ommendations for mitigating such dis-
putes, and
‘‘(XI) include such other infor-
mation as the Taxpayer Advocate may
deem advisable.
‘‘(iii) REPORT TO BE SUBMITTED DI-
RECTLY.—Each report required under this
subparagraph shall be provided directly to
the committees described in clauses (i) and
(ii) without any prior review or comment
from the Oversight Board, the Secretary of
the Treasury, any other officer or employee
of the Department of the Treasury, or the
Office of Management and Budget.
‘‘(C) 
OTHER
RESPONSIBILITIES.—The
Taxpayer Advocate shall—
‘‘(i) monitor the coverage and geo-
graphic allocation of problem resolution of-
ficers, and
‘‘(ii) develop guidance to be distrib-
uted to all Internal Revenue Service offi-
cers and employees outlining the criteria
for referral of taxpayer inquiries to prob-
lem resolution officers.
‘‘(3) RESPONSIBILITIES
OF
COMMISSIONER.—
The Commissioner shall establish procedures requir-
ing a formal response to all recommendations sub-
mitted to the Commissioner by the Taxpayer Advo-
cate within 3 months after submission to the Com-
missioner.’’.
(b) CONFORMING AMENDMENTS.—
(1) The table of sections for subchapter A of
chapter 80 is amended by striking the item relating
to section 7803 and inserting the following new
item:
‘‘Sec. 7803. Commissioner of Internal Revenue; other officials.’’
(2) Subsection (b) of section 5109 of title 5,
United States Code, is amended by striking
‘‘7802(b)’’ and inserting ‘‘7803(b)’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) CURRENT OFFICERS.—
(A) In the case of an individual serving as
Commissioner of Internal Revenue on the date
of the enactment of this Act who was appointed
to such position before such date, the 5-year
term required by section 7803(a)(1) of the In-
ternal Revenue Code of 1986, as added by this
section, shall begin as of the date of such ap-
pointment.
(B) Section 7803(c)(1)(B) of such Code,
as added by this section, shall not apply to the
individual serving as Taxpayer Advocate on the
date of the enactment of this Act.
SEC. 103. OTHER PERSONNEL.
(a) IN GENERAL.—Section 7804 (relating to the ef-
fect of reorganization plans) is amended to read as follows:
‘‘SEC. 7804. OTHER PERSONNEL.
‘‘(a) APPOINTMENT AND SUPERVISION.—Unless oth-
erwise prescribed by the Secretary, the Commissioner of
Internal Revenue is authorized to employ such number of
persons as the Commissioner deems proper for the admin-
istration and enforcement of the internal revenue laws,
and the Commissioner shall issue all necessary directions,
instructions, orders, and rules applicable to such persons.
‘‘(b) POSTS
OF DUTY
OF EMPLOYEES
IN FIELD
SERVICE OR TRAVELING.—Unless otherwise prescribed by
the Secretary—
‘‘(1) DESIGNATION
OF
POST
OF
DUTY.—The
Commissioner shall determine and designate the
posts of duty of all such persons engaged in field
work or traveling on official business outside of the
District of Columbia.
‘‘(2) DETAIL
OF
PERSONNEL
FROM
FIELD
SERVICE.—The Commissioner may order any such
person engaged in field work to duty in the District
of Columbia, for such periods as the Commissioner
may prescribe, and to any designated post of duty
outside the District of Columbia upon the comple-
tion of such duty.
‘‘(c) DELINQUENT INTERNAL REVENUE OFFICERS
AND EMPLOYEES.—If any officer or employee of the
Treasury Department acting in connection with the inter-
nal revenue laws fails to account for and pay over any
amount of money or property collected or received by him
in connection with the internal revenue laws, the Secretary
shall issue notice and demand to such officer or employee
for payment of the amount which he failed to account for
and pay over, and, upon failure to pay the amount de-
manded within the time specified in such notice, the
amount so demanded shall be deemed imposed upon such
officer or employee and assessed upon the date of such
notice and demand, and the provisions of chapter 64 and
all other provisions of law relating to the collection of as-
sessed taxes shall be applicable in respect of such
amount.’’.
(b) CONFORMING AMENDMENTS.—
(1) Subsection (b) of section 6344 is amended
by striking ‘‘section 7803(d)’’ and inserting ‘‘section
7804(c)’’.
(2) The table of sections for subchapter A of
chapter 80 is amended by striking the item relating
to section 7804 and inserting the following new
item:
‘‘Sec. 7804. Other personnel.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 104. PROHIBITION ON EXECUTIVE BRANCH INFLU-
ENCE OVER TAXPAYER AUDITS AND COLLEC-
TION ACTIVITY.
(a) IN GENERAL.—Part I of subchapter A of chapter
75 (relating to crimes, other offenses, and forfeitures) is
amended by adding after section 7216 the following new
section:
‘‘SEC. 7217. PROHIBITION ON EXECUTIVE BRANCH INFLU-
ENCE OVER TAXPAYER AUDITS AND COLLEC-
TION ACTIVITY.
‘‘(a) PROHIBITION.—It shall be unlawful for any ap-
plicable person to request any officer or employee of the
Internal Revenue Service to conduct or terminate an audit
or other investigation of any particular taxpayer with re-
spect to the tax liability of such taxpayer.
‘‘(b) REPORTING REQUIREMENT.—Any officer or em-
ployee of the Internal Revenue Service receiving any re-
quest prohibited by subsection (a) shall report the receipt
of such request to the Chief Inspector of the Internal Rev-
enue Service.
‘‘(c) EXCEPTIONS.—Subsection (a) shall not apply
to—
‘‘(1) any request made to an applicable person
by the taxpayer or a representative of the taxpayer
and forwarded by such applicable person to the In-
ternal Revenue Service,
‘‘(2) any request by an applicable person for
disclosure of return or return information under sec-
tion 6103 if such request is made in accordance with
the requirements of such section, or
‘‘(3) any request by the Secretary of the Treas-
ury as a consequence of the implementation of a
change in tax policy.
‘‘(d) PENALTY.—Any person who willfully violates
subsection (a) or fails to report under subsection (b) shall
be punished upon conviction by a fine in any amount not
exceeding $5,000, or imprisonment of not more than 5
years, or both, together with the costs of prosecution.
‘‘(e) APPLICABLE PERSON.—For purposes of this
section, the term ‘applicable person’ means—
‘‘(1) the President, the Vice President, any em-
ployee of the executive office of the President, and
any employee of the executive office of the Vice
President, and
‘‘(2) any individual (other than the Attorney
General of the United States) serving in a position
specified in section 5312 of title 5, United States
Code.’’
(b) CLERICAL AMENDMENT.—The table of sections
for part I of subchapter A of chapter 75 is amended by
adding after the item relating to section 7216 the follow-
ing new item:
‘‘Sec. 7217. Prohibition on executive branch influence over tax-
payer audits and collection activity.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to requests made after the date
of the enactment of this Act.
Subtitle B—Personnel Flexibilities
SEC. 111. PERSONNEL FLEXIBILITIES.
(a) IN GENERAL.—Part III of title 5, United States
Code, is amended by adding at the end the following new
subpart:
‘‘Subpart I—Miscellaneous
‘‘CHAPTER 
93—PERSONNEL 
FLEXIBILI-
TIES RELATING TO THE INTERNAL
REVENUE SERVICE
‘‘Sec.
‘‘9301. General requirements.
‘‘9302. Flexibilities relating to performance management.
‘‘9303. Staffing flexibilities.
‘‘9304. Flexibilities relating to demonstration projects.
‘‘§ 9301. General requirements
‘‘(a) CONFORMANCE WITH MERIT SYSTEM PRIN-
CIPLES, ETC.—Any flexibilities under this chapter shall
be exercised in a manner consistent with—
‘‘(1) chapter 23, relating to merit system prin-
ciples and prohibited personnel practices; and
‘‘(2) provisions of this title (outside of this sub-
part) relating to preference eligibles.
‘‘(b) REQUIREMENT
RELATING
TO
UNITS
REP-
RESENTED BY LABOR ORGANIZATIONS.—
‘‘(1) WRITTEN
AGREEMENT
REQUIRED.—Em-
ployees within a unit with respect to which a labor
organization is accorded exclusive recognition under
chapter 71 shall not be subject to the exercise of any
flexibility under section 9302, 9303, or 9304, unless
there is a written agreement between the Internal
Revenue Service and the organization permitting
such exercise.
‘‘(2) DEFINITION
OF
A
WRITTEN
AGREE-
MENT.—In order to satisfy paragraph (1), a written
agreement—
‘‘(A) need not be a collective bargaining
agreement within the meaning of section
7103(8); and
‘‘(B) may not be an agreement imposed by
the Federal Service Impasses Panel under sec-
tion 7119.
‘‘§ 9302. Flexibilities relating to performance manage-
ment
‘‘(a) IN GENERAL.—The Commissioner of Internal
Revenue shall, within a year after the date of the enact-
ment of this chapter, establish a performance management
system which—
‘‘(1) subject to section 9301(b), shall cover all
employees of the Internal Revenue Service other
than—
‘‘(A) the members of the Internal Revenue
Service Oversight Board;
‘‘(B) the Commissioner of Internal Reve-
nue; and
‘‘(C) the Chief Counsel for the Internal
Revenue Service;
‘‘(2) shall maintain individual accountability
by—
‘‘(A) establishing standards of performance
which—
‘‘(i) shall permit the accurate evalua-
tion of each employee’s performance on the
basis of the individual and organizational
performance requirements applicable with
respect to the evaluation period involved,
taking into account individual contribu-
tions toward the attainment of any goals
or objectives under paragraph (3);
‘‘(ii) shall be communicated to an em-
ployee before the start of any period with
respect to which the performance of such
employee is to be evaluated using such
standards; and
‘‘(iii) shall include at least 2 stand-
ards of performance, the lowest of which
shall denote the retention standard and
shall be equivalent to fully successful per-
formance;
‘‘(B) providing for periodic performance
evaluations to determine whether employees are
meeting all applicable retention standards; and
‘‘(C) using the results of such employee’s
performance evaluation as a basis for adjust-
ments in pay and other appropriate personnel
actions; and
‘‘(3) shall provide for (A) establishing goals or
objectives for individual, group, or organizational
performance (or any combination thereof), consistent
with Internal Revenue Service performance planning
procedures, including those established under the
Government Performance and Results Act of 1993,
the Information Technology Management Reform
Act of 1996, Revenue Procedure 64–22 (as in effect
on July 30, 1997), and taxpayer service surveys, (B)
communicating such goals or objectives to employ-
ees, and (C) using such goals or objectives to make
performance distinctions among employees or groups
of employees.
For purposes of this title, performance of an employee
during any period in which such employee is subject to
standards of performance under paragraph (2) shall be
considered to be ‘unacceptable’ if the performance of such
employee during such period fails to meet any retention
standard.
‘‘(b) AWARDS.—
‘‘(1) FOR
SUPERIOR
ACCOMPLISHMENTS.—In
the case of a proposed award based on the efforts
of an employee or former employee of the Internal
Revenue Service, any approval required under the
provisions of section 4502(b) shall be considered to
have been granted if the Office of Personnel Man-
agement does not disapprove the proposed award
within 60 days after receiving the appropriate cer-
tification described in such provisions.
‘‘(2) FOR EMPLOYEES WHO REPORT DIRECTLY
TO THE COMMISSIONER.—
‘‘(A) IN GENERAL.—In the case of an em-
ployee of the Internal Revenue Service who re-
ports directly to the Commissioner of Internal
Revenue, a cash award in an amount up to 50
percent of such employee’s annual rate of basic
pay may be made if the Commissioner finds
such an award to be warranted based on such
employee’s performance.
‘‘(B) NATURE
OF
AN
AWARD.—A cash
award under this paragraph shall not be consid-
ered to be part of basic pay.
‘‘(C) TAX
ENFORCEMENT
RESULTS.—A
cash award under this paragraph may not be
based solely on tax enforcement results.
‘‘(D) ELIGIBLE EMPLOYEES.—Whether or
not an employee is an employee who reports di-
rectly to the Commissioner of Internal Revenue
shall, for purposes of this paragraph, be deter-
mined under regulations which the Commis-
sioner shall prescribe, except that in no event
shall more than 8 employees be eligible for a
cash award under this paragraph in any cal-
endar year.
‘‘(E) LIMITATION
ON
COMPENSATION.—
For purposes of applying section 5307 to an
employee in connection with any calendar year
to which an award made under this paragraph
to such employee is attributable, subsection
(a)(1) of such section shall be applied by sub-
stituting ‘to equal or exceed the annual rate of
compensation for the Vice President for such
calendar year’ for ‘to exceed the annual rate of
basic pay payable for level I of the Executive
Schedule, as of the end of such calendar year’.
‘‘(F) APPROVAL
REQUIRED.—An award
under this paragraph may not be made un-
less—
‘‘(i) the Commissioner of Internal
Revenue certifies to the Office of Personnel
Management that such award is war-
ranted; and
‘‘(ii) the Office approves, or does not
disapprove, the proposed award within 60
days after the date on which it is so cer-
tified.
‘‘(3) BASED ON SAVINGS.—
‘‘(A) IN GENERAL.—The Commissioner of
Internal Revenue may authorize the payment of
cash awards to employees based on documented
financial savings achieved by a group or organi-
zation which such employees comprise, if such
payments are made pursuant to a plan which—
‘‘(i) specifies minimum levels of serv-
ice and quality to be maintained while
achieving such financial savings; and
‘‘(ii) is in conformance with criteria
prescribed by the Office of Personnel Man-
agement.
‘‘(B) FUNDING.—A cash award under this
paragraph may be paid from the fund or appro-
priation available to the activity primarily bene-
fiting or the various activities benefiting.
‘‘(C) TAX
ENFORCEMENT
RESULTS.—A
cash award under this paragraph may not be
based solely on tax enforcement results.
‘‘(c) OTHER PROVISIONS.—
‘‘(1) NOTICE PROVISIONS.—In applying sections
4303(b)(1)(A) and 7513(b)(1) to employees of the
Internal Revenue Service, ‘15 days’ shall be sub-
stituted for ‘30 days’.
‘‘(2) APPEALS.—Notwithstanding the second
sentence of section 5335(c), an employee of the In-
ternal Revenue Service shall not have a right to ap-
peal the denial of a periodic step increase under sec-
tion 5335 to the Merit Systems Protection Board.
‘‘§ 9303. Staffing flexibilities
‘‘(a) IN GENERAL.—
‘‘(1) PERMANENT APPOINTMENT IN THE COM-
PETITIVE SERVICE.—
‘‘(A) QUALIFIED VETERANS.—
‘‘(i) IN
GENERAL.—No veteran de-
scribed in clause (ii) shall be denied the
opportunity to compete for an announced
vacant competitive service position within
the Internal Revenue Service by reason
of—
‘‘(I) not having acquired competi-
tive status; or
‘‘(II) not being an employee of
that agency.
‘‘(ii) 
DESCRIPTION.—An 
individual
shall, for purposes of a position for which
such individual is applying, be considered a
veteran described in this clause if such in-
dividual—
‘‘(I) is either a preference eligi-
ble, or an individual (other than a
preference eligible) who has been sep-
arated from the armed forces under
honorable conditions after at least 3
years of active service; and
‘‘(II) meets the minimum quali-
fication requirements for the position
sought.
‘‘(B) QUALIFIED
TEMPORARY
EMPLOY-
EES.—
‘‘(i) IN GENERAL.—No temporary em-
ployee described in clause (ii) shall be de-
nied the opportunity to compete for an an-
nounced vacant competitive service position
within the Internal Revenue Service by
reason of not having acquired competitive
status.
‘‘(ii) 
DESCRIPTION.—An 
individual
shall, for purposes of a position for which
such individual is applying, be considered a
temporary employee described in this
clause if—
‘‘(I) such individual is then cur-
rently serving as a temporary em-
ployee in the Internal Revenue Serv-
ice;
‘‘(II) such individual has com-
pleted at least 2 years of current con-
tinuous service in the competitive
service under 1 or more term appoint-
ments, each of which was made under
competitive procedures prescribed for
permanent appointments;
‘‘(III) such individual’s perform-
ance under each term appointment re-
ferred to in subclause (II) met all ap-
plicable retention standards; and
‘‘(IV) such individual meets the
minimum qualification requirements
for the position sought.
‘‘(b) RATING SYSTEMS.—
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
chapter I of chapter 33, the Commissioner of Inter-
nal Revenue may establish category rating systems
for evaluating job applicants for positions in the
competitive service, under which qualified candidates
are divided into 2 or more quality categories on the
basis of relative degrees of merit, rather than as-
signed individual numerical ratings. Each applicant
who meets the minimum qualification requirements
for the position 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 job
to be filled.
‘‘(2) TREATMENT
OF
PREFERENCE
ELIGI-
BLES.—Within each quality category established
under paragraph (1), preference eligibles shall be
listed ahead of individuals who are not preference
eligibles. For other than scientific and professional
positions at or higher than GS–9 (or equivalent),
preference eligibles who have a compensable service-
connected disability of 10 percent or more, and who
meet the minimum qualification standards, shall be
listed in the highest quality category.
‘‘(3) SELECTION PROCESS.—An appointing au-
thority may select any applicant from the highest
quality category or, if fewer than 3 candidates have
been assigned to the highest quality category, from
a merged category consisting of the highest and sec-
ond highest quality categories. Notwithstanding the
preceding sentence, the appointing authority may
not pass over a preference eligible in the same or a
higher category from which selection is made, unless
the requirements of section 3317(b) or 3318(b), as
applicable, are satisfied, except that in no event may
certification of a preference eligible under this sub-
section be discontinued by the Internal Revenue
Service under section 3317(b) before the end of the
6-month period beginning on the date of such em-
ployee’s first certification.
‘‘(c) INVOLUNTARY REASSIGNMENTS AND REMOVALS
OF CAREER APPOINTEES IN THE SENIOR EXECUTIVE
SERVICE.—Neither 
section 
3395(e)(1) 
nor 
section
3592(b)(1) shall apply with respect to the Internal Reve-
nue Service.
‘‘(d) PROBATIONARY
PERIODS.—Notwithstanding
any other provision of law or regulation, the Commissioner
of Internal Revenue may establish a period of probation
under section 3321 of up to 3 years for any position if,