(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act - Directs the Secretary of the Treasury to establish a system to govern the compensation and performance management of employees, other than senior executives or employees in the Senior Executive Service, holding critical scientific, technical, or professional positions in the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury. Limits the number of employees subject to such system to 50% of the Bureau's full-time employees. Requires such system to compensate employees at a level not exceeding level III of the Executive Schedule and to have not less than two levels of performance above a retention standard.
Provides that such system: (1) may not provide for a waiver of employees' rights relating to merit system principles, and (2) must be consistent with collective bargaining agreements and rights.
Requires the Secretary, on the request of the Director of the Office of Personnel Management (OPM), to disclose information relating to the operation of any compensation and performance management system established by this Act.
Allows the continued use of an existing compensation and performance management system, originally implemented as a demonstration project, so long as such system satisfies the requirements of this Act.
Requires the Government Accountability Office (GAO) to submit to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a report on the operation of the system and of ongoing demonstration projects testing the use of a pay and classification system different than the General Schedule for federal employee compensation.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2067 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2067
To amend title 5, United States Code, to make permanent the authority
of the Secretary of the Treasury to establish a separate compensation
and performance management system with respect to persons holding
critical scientific, technical, or professional positions within the
Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2013
Mr. Meadows introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to make permanent the authority
of the Secretary of the Treasury to establish a separate compensation
and performance management system with respect to persons holding
critical scientific, technical, or professional positions within the
Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alcohol and Tobacco Tax and Trade
Bureau Personnel Flexibilities Act''.
SEC. 2. ALCOHOL AND TOBACCO TAX AND TRADE BUREAU.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by inserting after chapter 95 the following:
``CHAPTER 96--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
``9601. Definitions; applicability.
``9602. Compensation and performance management system.
``Sec. 9601. Definitions; applicability
``(a) Definitions.--For purposes of this chapter--
``(1) the term `Secretary' means the Secretary of the
Treasury;
``(2) the term `Bureau' means the Alcohol and Tobacco Tax
and Trade Bureau, Department of the Treasury; and
``(3) the terms `senior executive' and `Senior Executive
Service position' have the respective meanings given them in
section 3132(a).
``(b) Applicability.--A compensation and performance management
system established under section 9602 shall not cover, and nothing in
any such system shall be considered to apply with respect to, a senior
executive or a Senior Executive Service position.
``Sec. 9602. Compensation and performance management system
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a system,
applying such criteria and procedures as the Secretary
considers appropriate, which shall govern the compensation and
performance management of any number of employees holding
critical scientific, technical, or professional positions in
the Bureau.
``(2) Authority.--Subject to the provisions of this
chapter--
``(A) the establishment of a compensation and
performance management system under this section shall
not be limited by any lack of specific authority under
this title to take the action contemplated, or by any
provision of this title or any rule or regulation
prescribed under this title which is inconsistent with
the action; and
``(B) the total number of positions covered by the
system or systems established under authority of this
section (determined on a full-time equivalent basis)
may not at any time exceed the number equal to 50
percent of the total number of positions within the
Bureau (so determined).
``(3) Consultation.--The Secretary shall consult with the
Director of the Office of Personnel Management in the exercise
of any authority under this section.
``(b) Nonwaivable Provisions; Collaboration.--A compensation and
performance management system established under this section--
``(1) may not provide for a waiver of any provision of law,
rule, or regulation identified in section 4703(c); and
``(2) shall be established and implemented in a manner
consistent with subsections (f) and (g) of section 4703.
``(c) Limitations on Compensation.--Except as otherwise provided by
law--
``(1) no employee compensated under a system established
under this section may be paid at a rate of basic pay in excess
of the rate payable for level III of the Executive Schedule
under section 5314; and
``(2) total payments made to employees under a system so
established shall be subject to any limitation on payments
under section 5307, to the same extent and in the same manner
as would apply in the case of employees paid under section
5376.
``(d) Levels of Performance.--A system established under this
section shall have not less than 2 levels of performance above a
retention standard.
``(e) Disclosure of Information.--The Secretary of the Treasury, on
request of the Director of the Office of Personnel Management, shall
furnish information relating to the operation of any compensation and
performance management system established under this section.''.
(b) Compliance Using a Preexisting System.--Nothing in this Act
shall be considered to require that the Secretary of the Treasury
discontinue any compensation and performance management system,
originally implemented as a demonstration project, or postpone any
plans to modify any such system, so long as such system (as so
implemented or modified) satisfies the requirements of chapter 96 of
title 5, United States Code, as amended by this Act.
(c) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by inserting after the item relating to
chapter 95 the following:
``96. Alcohol and Tobacco Tax and Trade Bureau.............. 9601''.
SEC. 3. STUDY.
(a) In General.--Not later than 1 year after the date of the
establishment of a compensation and performance management system under
section 9602 of title 5, United States Code, as amended by this Act
(or, in any circumstance described in section 2(b), after the earliest
date, on or after the date of the enactment of this Act, as of which a
system satisfying the requirements of chapter 96 of such title, as so
amended, is in operation) the Government Accountability Office shall
submit to the appropriate committees of Congress a report on--
(1) the operation of such system; and
(2) the operation of ongoing demonstration projects,
whether under section 4703 of title 5, United States Code, or
other authority, testing the use of a pay and classification
system different from the system set forth in chapter 51 and
subchapter III of chapter 53 of such title 5 (relating to the
General Schedule).
The report shall, with respect to each system covered by such report,
include an assessment of the overall effectiveness of such system
(particularly as compared to the system which is based on the General
Schedule) and recommendations for any legislation or administrative
action which the Government Accountability Office considers
appropriate.
(b) Appropriate Committees of Congress.--For purposes of this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Oversight and Government Reform of the
House of Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Oversight and Government Reform. H. Rept. 113-156.
Reported by the Committee on Oversight and Government Reform. H. Rept. 113-156.
Placed on the Union Calendar, Calendar No. 113.
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