§ 7804. Other personnel

§ 7804. Other personnel

(a) Appointment and supervision Unless otherwise prescribed by the Secretary, the Commissioner of Internal Revenue is authorized to employ such number of persons as the Commissioner deems proper for the administration 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 completion of such duty.

(c) Delinquent Internal Revenue officers and employees If any officer or employee of the Treasury Department acting in connection with the internal 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 demanded 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 assessed taxes shall be applicable in respect of such amount.

(d) Prohibition on rehiring employees involuntarily separated The Commissioner may not hire any individual previously employed by the Commissioner who was removed for misconduct under this subchapter or chapter 43 or chapter 75 of title 5, United States Code, or whose employment was terminated under section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note).

(Aug. 16, 1954, ch. 736, 68A Stat. 916; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 105–206, title I, § 1104(a), July 22, 1998, 112 Stat. 710; Pub. L. 116–25, title III, § 3001(a), July 1, 2019, 133 Stat. 1014.)

Editorial Notes

References in Text

Section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998, referred to in subsec. (d), is section 1203 of Pub. L. 105–206, which is set out as a note under this section.

Amendments

2019—Subsec. (d). Pub. L. 116–25 added subsec. (d).

1998—Pub. L. 105–206 amended section catchline and text generally, substituting present provisions for provisions which had declared: in subsec. (a), that provisions of Reorganization Plans No. 26 of 1950 and No. 1 of 1952 should apply to all functions vested by this title, or by any act amending this title in any officer, employee, or agency of the Department; and in subsec. (b), that nothing in such Reorganization Plans should be considered to impair existing rights and remedies, that for the purpose of any action to recover tax all statutes, rules, and regulations referring to collector of internal revenue, principal officer for internal revenue district, or Secretary, should be deemed to refer to officer whose acts gave rise to such action, and that venue of any such action should be the same as under existing law.

1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–25, title III, § 3001(b), July 1, 2019, 133 Stat. 1015, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to the hiring of employees after the date of the enactment of this Act [July 1, 2019].”

Effective Date of 1998 Amendment

Pub. L. 105–206, title I, § 1104(c), July 22, 1998, 112 Stat. 710, provided that: “The amendments made by this section [amending this section and section 6344 of this title] shall take effect on the date of the enactment of this Act [July 22, 1998].”

Comprehensive Customer Service Strategy

Pub. L. 116–25, title I, § 1101, July 1, 2019, 133 Stat. 985, provided that: “(a) In General.—Not later than the date which is 1 year after the date of the enactment of this Act [July 1, 2019], the Secretary of the Treasury (or the Secretary’s delegate) shall submit to Congress a written comprehensive customer service strategy for the Internal Revenue Service. Such strategy shall include—“(1) a plan to provide assistance to taxpayers that is secure, designed to meet reasonable taxpayer expectations, and adopts appropriate best practices of customer service provided in the private sector, including online services, telephone call back services, and training of employees providing customer services; “(2) a thorough assessment of the services that the Internal Revenue Service can co-locate with other Federal services or offer as self-service options; “(3) proposals to improve Internal Revenue Service customer service in the short term (the current and following fiscal year), medium term (approximately 3 to 5 fiscal years), and long term (approximately 10 fiscal years); “(4) a plan to update guidance and training materials for customer service employees of the Internal Revenue Service, including the Internal Revenue Manual, to reflect such strategy; and “(5) identified metrics and benchmarks for quantitatively measuring the progress of the Internal Revenue Service in implementing such strategy. “(b) Updated Guidance and Training Materials.—Not later than 2 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate) shall make available the updated guidance and training materials described in subsection (a)(4) (including the Internal Revenue Manual). Such updated guidance and training materials (including the Internal Revenue Manual) shall be written in a manner so as to be easily understood by customer service employees of the Internal Revenue Service and shall provide clear instructions.”

Termination of Employment for Misconduct

Pub. L. 105–206, title I, § 1203, July 22, 1998, 112 Stat. 720, as amended by Pub. L. 108–357, title VIII, § 881(d), Oct. 22, 2004, 118 Stat. 1627; Pub. L. 114–113, div. Q, title IV, § 407(a), Dec. 18, 2015, 129 Stat. 3120, provided that: “(a) In General.—Subject to subsection (c), the Commissioner of Internal Revenue shall terminate the employment of any employee of the Internal Revenue Service if there is a final administrative or judicial determination that such employee committed any act or omission described under subsection (b) in the performance of the employee’s official duties. Such termination shall be a removal for cause on charges of misconduct. “(b) Acts or Omissions.—The acts or omissions referred to under subsection (a) are—“(1) willful failure to obtain the required approval signatures on documents authorizing the seizure of a taxpayer’s home, personal belongings, or business assets; “(2) providing a false statement under oath with respect to a material matter involving a taxpayer or taxpayer representative; “(3) with respect to a taxpayer, taxpayer representative, or other employee of the Internal Revenue Service, the violation of—“(A) any right under the Constitution of the United States; or “(B) any civil right established under—“(i) title VI or VII of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq., 2000e et seq.]; “(ii) title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.]; “(iii) the Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.]; “(iv) the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]; “(v) section 501 or 504 of the Rehabilitation Act of 1973 [29 U.S.C. 791, 794]; or “(vi) title I of the Americans with Disabilities Act of 1990 [42 U.S.C. 12111 et seq.]; “(4) falsifying or destroying documents to conceal mistakes made by any employee with respect to a matter involving a taxpayer or taxpayer representative; “(5) assault or battery on a taxpayer, taxpayer representative, or other employee of the Internal Revenue Service, but only if there is a criminal conviction, or a final judgment by a court in a civil case, with respect to the assault or battery; “(6) violations of the Internal Revenue Code of 1986, Department of Treasury regulations, or policies of the Internal Revenue Service (including the Internal Revenue Manual) for the purpose of retaliating against, or harassing, a taxpayer, taxpayer representative, or other employee of the Internal Revenue Service; “(7) willful misuse of the provisions of section 6103 of the Internal Revenue Code of 1986 for the purpose of concealing information from a congressional inquiry; “(8) willful failure to file any return of tax required under the Internal Revenue Code of 1986 on or before the date prescribed therefor (including any extensions), unless such failure is due to reasonable cause and not to willful neglect; “(9) willful understatement of Federal tax liability, unless such understatement is due to reasonable cause and not to willful neglect; and “(10) performing, delaying, or failing to perform (or threatening to perform, delay, or fail to perform) any official action (including any audit) with respect to a taxpayer for purpose of extracting personal gain or benefit or for a political purpose. “(c) Determination of Commissioner.—“(1) In general.—The Commissioner of Internal Revenue may take a personnel action other than termination for an act or omission under subsection (a). “(2) Discretion.—The exercise of authority under paragraph (1) shall be at the sole discretion of the Commissioner of Internal Revenue and may not be delegated to any other officer. The Commissioner of Internal Revenue, in his sole discretion, may establish a procedure which will be used to determine whether an individual should be referred to the Commissioner of Internal Revenue for a determination by the Commissioner under paragraph (1). “(3) No appeal.—Any determination of the Commissioner of Internal Revenue under this subsection may not be appealed in any administrative or judicial proceeding. “(d) Definition.—For purposes of the provisions described in clauses (i), (ii), and (iv) of subsection (b)(3)(B), references to a program or activity receiving Federal financial assistance or an education program or activity receiving Federal financial assistance shall include any program or activity conducted by the Internal Revenue Service for a taxpayer. “(e) Individuals Performing Services Under a Qualified Tax Collection Contract.—An individual shall cease to be permitted to perform any services under any qualified tax collection contract (as defined in section 6306(b) of the Internal Revenue Code of 1986) if there is a final determination by the Secretary of the Treasury under such contract that such individual committed any act or omission described under subsection (b) in connection with the performance of such services.”

[Pub. L. 114–113, div. Q, title IV, § 407(b), Dec. 18, 2015, 129 Stat. 3120, provided that: “The amendment made by this section [amending section 1203 of Pub. L. 105–206, set out above] shall take effect on the date of the enactment of this Act [Dec. 18, 2015].” ]

Employee Training Program

Pub. L. 105–206, title I, § 1205, July 22, 1998, 112 Stat. 722, provided that: “(a) In General.—Not later than 180 days after the date of the enactment of this Act [July 22, 1998], the Commissioner of Internal Revenue shall implement an employee training program and shall submit an employee training plan to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. “(b) Contents.—The plan submitted under subsection (a) shall—“(1) detail a comprehensive employee training program to ensure adequate customer service training; “(2) detail a schedule for training and the fiscal years during which the training will occur; “(3) detail the funding of the program and relevant information to demonstrate the priority and commitment of resources to the plan; “(4) review the organizational design of customer service; “(5) provide for the implementation of a performance development system; and “(6) provide for at least 16 hours of conflict management training during fiscal year 1999 for employees conducting collection activities.”

Cataloging Complaints

Pub. L. 105–206, title III, § 3701, July 22, 1998, 112 Stat. 776, provided that: “In collecting data for the report required under section 1211 of the Taxpayer Bill of Rights 2 (Public Law 104–168) [set out below], the Secretary of the Treasury or the Secretary’s delegate shall, not later than January 1, 2000, maintain records of taxpayer complaints of misconduct by Internal Revenue Service employees on an individual employee basis.”

Use of Pseudonyms by Internal Revenue Service Employees

Pub. L. 105–206, title III, § 3706, July 22, 1998, 112 Stat. 778, provided that: “(a) In General.—Any employee of the Internal Revenue Service may use a pseudonym only if—“(1) adequate justification for the use of a pseudonym is provided by the employee, including protection of personal safety; and “(2) such use is approved by the employee’s supervisor before the pseudonym is used. “(b) Effective Date.—Subsection (a) shall apply to requests made after the date of the enactment of this Act [July 22, 1998].”

Reports on Misconduct of IRS Employees

Pub. L. 104–168, title XII, § 1211, July 30, 1996, 110 Stat. 1474, provided that: “On or before June 1 of each calendar year after 1996, the Secretary of the Treasury shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on— “(1) all categories of instances involving the misconduct of employees of the Internal Revenue Service during the preceding calendar year, and “(2) the disposition during the preceding calendar year of any such instances (without regard to the year of the misconduct).”

Taxpayers’ Rights, Courtesy and Cross-Cultural Relations Training

Pub. L. 109–115, div. A, title II, § 202, Nov. 30, 2005, 119 Stat. 2438, which provided that the Internal Revenue Service was to maintain a training program to ensure that Internal Revenue Service employees were trained in taxpayers’ rights, in dealing courteously with taxpayers, and in cross-cultural relations, was from the Department of the Treasury Appropriations Act, 2006 and was repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:

Pub. L. 108–447, div. H, title II, § 202, Dec. 8, 2004, 118 Stat. 3240.

Pub. L. 108–199, div. F, title II, § 202, Jan. 23, 2004, 118 Stat. 318.

Pub. L. 108–7, div. J, title I, § 102, Feb. 20, 2003, 117 Stat. 437.

Pub. L. 107–67, title I, § 102, Nov. 12, 2001, 115 Stat. 523.

Pub. L. 106–554, § 1(a)(3) [title I, § 102], Dec. 21, 2000, 114 Stat. 2763, 2763A–132.

Pub. L. 106–58, title I, § 102, Sept. 29, 1999, 113 Stat. 437.

Pub. L. 105–277, div. A, § 101(h) [title I, § 102], Oct. 21, 1998, 112 Stat. 2681–480, 2681–488.

Pub. L. 105–61, title I, § 102, Oct. 10, 1997, 111 Stat. 1281.

Pub. L. 104–208, div. A, title I, § 101(f) [title I, § 102], Sept. 30, 1996, 110 Stat. 3009–314, 3009–323.