dreamproit/uscode huggingface dataset:
5 U.S.C. § 9504 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9504. Recruitment, retention, relocation incentives, and relocation expenses
(a) Before September 30, 2013 and subject to approval by the Office of Personnel Management, the Secretary of the Treasury may provide for variations from sections 5753 and 5754 governing payment of recruitment, relocation, and retention incentives.
(b) Before September 30, 2013, the Secretary of the Treasury may pay from appropriations made to the Internal Revenue Service allowable relocation expenses under section 5724a for employees transferred or reemployed and allowable travel and transportation expenses under section 5723 for new appointees, for any new appointee appointed to a position for which pay is fixed under section 9502 or 9503 after June 1, 1998.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 713; amended Pub. L. 110–161, div. D, title I, § 106, Dec. 26, 2007, 121 Stat. 1977; Pub. L. 113–6, div. F, title III, § 1309, Mar. 26, 2013, 127 Stat. 418.)
heading: Amendments
text: 2013—Subsecs. (a), (b). Pub. L. 113–6 substituted “Before September 30, 2013” for “Before July 23, 2013”.
2007—Subsecs. (a), (b). Pub. L. 110–161 substituted “Before July 23, 2013” for “For a period of 10 years after the date of enactment of this section”.
5 U.S.C. § 9506 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9506. Limited appointments to career reserved Senior Executive Service positions
(a) In the application of section 3132, a “career reserved position” in the Internal Revenue Service means a position designated under section 3132(b) which may be filled only by—
(1) a career appointee; or
(2) a limited emergency appointee or a limited term appointee—
(A) who, immediately upon entering the career reserved position, was serving under a career or career-conditional appointment outside the Senior Executive Service; or
(B) whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management.
(b)
(1) The number of positions described under subsection (a) which are filled by an appointee as described under paragraph (2) of such subsection may not exceed 10 percent of the total number of Senior Executive Service positions in the Internal Revenue Service.
(2) Notwithstanding section 3132—
(A) the term of an appointee described under subsection (a)(2) may be for any period not to exceed 3 years; and
(B) such an appointee may serve—
(i) two such terms; or
(ii) two such terms in addition to any unexpired term applicable at the time of appointment.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 714.)
5 U.S.C. § 9507 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9507. Streamlined demonstration project authority
(a) The exercise of any of the flexibilities under sections 9502 through 9510 shall not affect the authority of the Secretary of the Treasury to implement for the Internal Revenue Service a demonstration project subject to chapter 47, as provided in subsection (b).
(b) In applying section 4703 to a demonstration project described in section 4701(a)(4) which involves the Internal Revenue Service—
(1) section 4703(b)(1) shall be deemed to read as follows:
“(1) develop a plan for such project which describes its purpose, the employees to be covered, the project itself, its anticipated outcomes, and the method of evaluating the project;”;
(2) section 4703(b)(3) shall not apply;
(3) the 180-day notification period in section 4703(b)(4) shall be deemed to be a notification period of 30 days;
(4) section 4703(b)(6) shall be deemed to read as follows:
“(6) provides each House of Congress with the final version of the plan.”;
(5) section 4703(c)(1) shall be deemed to read as follows:
“(1) subchapter V of chapter 63 or subpart G of part III of this title;”;
(6) the requirements of paragraphs (1)(A) and (2) of section 4703(d) shall not apply; and
(7) notwithstanding section 4703(d)(1)(B), based on an evaluation as provided in section 4703(h), the Office of Personnel Management and the Secretary of the Treasury, except as otherwise provided by this subsection, may waive the termination date of a demonstration project under section 4703(d).
(c) At least 90 days before waiving the termination date under subsection (b)(7), the Office of Personnel Management shall publish in the Federal Register a notice of its intention to waive the termination date and shall inform in writing both Houses of Congress of its intention.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 715.)
5 U.S.C. § 9509 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9509. General workforce classification and pay
(a) For purposes of this section, the term “broad-banded system” means a system for grouping positions for pay, job evaluation, and other purposes that is different from the system established under chapter 51 and subchapter III of chapter 53 as a result of combining grades and related ranges of rates of pay in one or more occupational series.
(b)
(1)
(A) The Secretary of the Treasury may, subject to criteria to be prescribed by the Office of Personnel Management, establish one or more broad-banded systems covering all or any portion of the Internal Revenue Service workforce.
(B) With the approval of the Office of Personnel Management, a broad-banded system established under this section may either include or consist of positions that otherwise would be subject to subchapter IV of chapter 53 or section 5376.
(2) The Office of Personnel Management may require the Secretary of the Treasury to submit information relating to broad-banded systems at the Internal Revenue Service.
(3) Except as otherwise provided under this section, employees under a broad-banded system shall continue to be subject to the laws and regulations covering employees under the pay system that otherwise would apply to such employees.
(4) The criteria to be prescribed by the Office of Personnel Management shall, at a minimum—
(A) ensure that the structure of any broad-banded system maintains the principle of equal pay for substantially equal work;
(B) establish the minimum and maximum number of grades that may be combined into pay bands;
(C) establish requirements for setting minimum and maximum rates of pay in a pay band;
(D) establish requirements for adjusting the pay of an employee within a pay band;
(E) establish requirements for setting the pay of a supervisory employee whose position is in a pay band or who supervises employees whose positions are in pay bands; and
(F) establish requirements and methodologies for setting the pay of an employee upon conversion to a broad-banded system, initial appointment, change of position or type of appointment (including promotion, demotion, transfer, reassignment, reinstatement, placement in another pay band, or movement to a different geographic location), and movement between a broad-banded system and another pay system.
(c) With the approval of the Office of Personnel Management and in accordance with a plan for implementation submitted by the Secretary of the Treasury, the Secretary may, with respect to Internal Revenue Service employees who are covered by a broad-banded system established under this section, provide for variations from the provisions of subchapter VI of chapter 53.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 716.)
5 U.S.C. § 9801 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9801. Definitions
For purposes of this chapter—
(1) the term “Administration” means the National Aeronautics and Space Administration;
(2) the term “Administrator” means the Administrator of the National Aeronautics and Space Administration;
(3) the term “critical need” means a specific and important safety, management, engineering, science, research, or operations requirement of the Administration’s mission that the Administration is unable to fulfill because the Administration lacks the appropriate employees because—
(A) of the inability to fill positions; or
(B) employees do not possess the requisite skills;
(4) the term “employee” means an individual employed in or under the Administration;
(5) the term “workforce plan” means the plan required under section 9802(a);
(6) the term “appropriate committees of Congress” means—
(A) the Committees on Government Reform, Science, and Appropriations of the House of Representatives; and
(B) the Committees on Governmental Affairs, Commerce, Science, and Transportation, and Appropriations of the Senate;
(7) the term “redesignation bonus” means a bonus under section 9804 paid to an individual described in subsection (a)(2) thereof;
(8) the term “supervisor” has the meaning given such term by section 7103(a)(10); and
(9) the term “management official” has the meaning given such term by section 7103(a)(11).
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 461.)
heading: Change of Name
text: Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives and Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
5 U.S.C. § 9803 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9803. Restrictions
(a) None of the workforce authorities made available under this chapter may be exercised with respect to any officer who is appointed by the President, by and with the advice and consent of the Senate.
(b) Unless specifically stated otherwise, all workforce authorities made available under this chapter shall be subject to section 5307.
(c)
(1) None of the workforce authorities made available under section 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814, or 9815 may be exercised with respect to a political appointee.
(2) For purposes of this subsection, the term “political appointee” means an employee who holds—
(A) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or
(B) a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a)).
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 464.)
5 U.S.C. § 9804 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9804. Recruitment, redesignation, and relocation bonuses
(a) Notwithstanding section 5753, the Administrator may pay a bonus to an individual, in accordance with the workforce plan and subject to the limitations in this section, if—
(1) the Administrator determines that the Administration would be likely, in the absence of a bonus, to encounter difficulty in filling a position; and
(2) the individual—
(A) is newly appointed as an employee of the Federal Government;
(B) is currently employed by the Federal Government and is newly appointed to another position in the same geographic area; or
(C) is currently employed by the Federal Government and is required to relocate to a different geographic area to accept a position with the Administration.
(b) If the position is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed—
(1) 50 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period multiplied by the service period specified under subsection (d)(1)(B)(i); or
(2) 100 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period.
(c) If the position is not described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 25 percent of the employee’s annual rate of basic pay (excluding comparability payments under sections 5304 and 5304a) as of the beginning of the service period.
(d)
(1)
(A) Payment of a bonus under this section shall be contingent upon the individual entering into a service agreement with the Administration.
(B) At a minimum, the service agreement shall include—
(i) the required service period;
(ii) the method of payment, including a payment schedule, which may include a lump-sum payment, installment payments, or a combination thereof;
(iii) the amount of the bonus and the basis for calculating that amount; and
(iv) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(2) For purposes of determinations under subsections (b)(1) and (c)(1), the employee’s service period shall be expressed as the number equal to the full years and twelfth parts thereof, rounding the fractional part of a month to the nearest twelfth part of a year. The service period may not be less than 6 months and may not exceed 4 years.
(3) A bonus under this section may not be considered to be part of the basic pay of an employee.
(e) Before paying a bonus under this section, the Administration shall establish a plan for paying recruitment, redesignation, and relocation bonuses, subject to approval by the Office of Personnel Management.
(f) No more than 25 percent of the total amount in bonuses awarded under subsection (a) in any year may be awarded to supervisors or management officials.
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 464.)
5 U.S.C. § 9805 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9805. Retention bonuses
(a) Notwithstanding section 5754, the Administrator may pay a bonus to an employee, in accordance with the workforce plan and subject to the limitations in this section, if the Administrator determines that—
(1) the unusually high or unique qualifications of the employee or a special need of the Administration for the employee’s services makes it essential to retain the employee; and
(2) the employee would be likely to leave in the absence of a retention bonus.
(b) If the position is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 50 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a).
(c) If the position is not described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 25 percent of the employee’s annual rate of basic pay (excluding comparability payments under sections 5304 and 5304a).
(d)
(1)
(A) Payment of a bonus under this section shall be contingent upon the employee entering into a service agreement with the Administration.
(B) At a minimum, the service agreement shall include—
(i) the required service period;
(ii) the method of payment, including a payment schedule, which may include a lump-sum payment, installment payments, or a combination thereof;
(iii) the amount of the bonus and the basis for calculating the amount; and
(iv) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(2) The employee’s service period shall be expressed as the number equal to the full years and twelfth parts thereof, rounding the fractional part of a month to the nearest twelfth part of a year. The service period may not be less than 6 months and may not exceed 4 years.
(3) Notwithstanding paragraph (1), a service agreement is not required if the Administration pays a bonus in biweekly installments and sets the installment payment at the full bonus percentage rate established for the employee, with no portion of the bonus deferred. In this case, the Administration shall inform the employee in writing of any decision to change the retention bonus payments. The employee shall continue to accrue entitlement to the retention bonus through the end of the pay period in which such written notice is provided.
(e) A bonus under this section may not be considered to be part of the basic pay of an employee.
(f) An employee is not entitled to a retention bonus under this section during a service period previously established for that employee under section 5753 or under section 9804.
(g) No more than 25 percent of the total amount in bonuses awarded under subsection (a) in any year may be awarded to supervisors or management officials.
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 465.)
5 U.S.C. § 9806 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9806. Term appointments
(a) The Administrator may authorize term appointments within the Administration under subchapter I of chapter 33, for a period of not less than 1 year and not more than 6 years.
(b) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration without further competition if—
(1) such individual was appointed under open, competitive examination under subchapter I of chapter 33 to the term position;
(2) the announcement for the term appointment from which the conversion is made stated that there was potential for subsequent conversion to a career-conditional or career appointment;
(3) the employee has completed at least 2 years of current continuous service under a term appointment in the competitive service;
(4) the employee’s performance under such term appointment was at least fully successful or equivalent; and
(5) the position to which such employee is being converted under this section is in the same occupational series, is in the same geographic location, and provides no greater promotion potential than the term position for which the competitive examination was conducted.
(c) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration through internal competitive promotion procedures if the conditions under paragraphs (1) through (4) of subsection (b) are met.
(d) An employee converted under this section becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure.
(e) An employee converted to career or career-conditional employment under this section acquires competitive status upon conversion.
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 466.)
5 U.S.C. § 9807 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9807. Pay authority for critical positions
(a) In this section, the term “position” means—
(1) a position to which chapter 51 applies, including a position in the Senior Executive Service;
(2) a position under the Executive Schedule under sections 5312 through 5317;
(3) a position established under section 3104; or
(4) a senior-level position to which section 5376(a)(1) applies.
(b) Authority under this section—
(1) may be exercised only with respect to a position that—
(A) is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A); and
(B) requires expertise of an extremely high level in a scientific, technical, professional, or administrative field;
(2) may be exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position; and
(3) may be exercised only in retaining employees of the Administration or in appointing individuals who were not employees of another Federal agency as defined under section 5102(a)(1).
(c)
(1) Notwithstanding section 5377, the Administrator may fix the rate of basic pay for a position in the Administration in accordance with this section. The Administrator may not delegate this authority.
(2) The number of positions with pay fixed under this section may not exceed 10 at any time.
(d)
(1) The rate of basic pay fixed under this section may not be less than the rate of basic pay (including any comparability payments) which would otherwise be payable for the position involved if this section had never been enacted.
(2) The annual rate of basic pay fixed under this section may not exceed the per annum rate of salary payable under section 104 of title 3.
(3) Notwithstanding any provision of section 5307, in the case of an employee who, during any calendar year, is receiving pay at a rate fixed under this section, no allowance, differential, bonus, award, or similar cash payment may be paid to such employee if, or to the extent that, when added to basic pay paid or payable to such employee (for service performed in such calendar year as an employee in the executive branch or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the per annum rate of salary which, as of the end of such calendar year, is payable under section 104 of title 3.
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 467.)
5 U.S.C. § 9808 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9808. Assignments of intergovernmental personnel
For purposes of applying the third sentence of section 3372(a) (relating to the authority of the head of a Federal agency to extend the period of an employee’s assignment to or from a State or local government, institution of higher education, or other organization), the Administrator may, with the concurrence of the employee and the government or organization concerned, take any action which would be allowable if such sentence had been amended by striking “two” and inserting “four”.
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 468.)
5 U.S.C. § 9811 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9811. Travel and transportation expenses of certain new appointees
(a) In this section, the term “new appointee” means—
(1) a person newly appointed or reinstated to Federal service to the Administration to—
(A) a career or career-conditional appointment or an excepted service appointment to a continuing position;
(B) a term appointment;
(C) an excepted service appointment that provides for noncompetitive conversion to a career or career-conditional appointment;
(D) a career or limited term Senior Executive Service appointment;
(E) an appointment made under section 20113(b)(1) of title 51;
(F) an appointment to a position established under section 3104; or
(G) an appointment to a position established under section 5108; or
(2) a student trainee who, upon completion of academic work, is converted to an appointment in the Administration that is identified in paragraph (1) in accordance with an appropriate authority.
(b) The Administrator may pay the travel, transportation, and relocation expenses of a new appointee to the same extent, in the same manner, and subject to the same conditions as the payment of such expenses under sections 5724, 5724a, 5724b, and 5724c to an employee transferred in the interests of the United States Government.
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 472; amended Pub. L. 111–314, § 4(a), Dec. 18, 2010, 124 Stat. 3440.)
heading: Amendments
text: 2010—Subsec. (a)(1)(E). Pub. L. 111–314 substituted “section 20113(b)(1) of title 51” for “section 203(c)(2)(A) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))”.