113 HR 2067 RH: Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act
U.S. House of Representatives
2013-07-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Alcohol and Tobacco Tax and Trade
Bureau Personnel Flexibilities Act
.
2.Alcohol and Tobacco
Tax and Trade Bureau
(a)Subpart I of part III
of title 5, United States Code, is amended by inserting after chapter 95 the
following:
96Alcohol and
Tobacco Tax and Trade Bureau
9601. Definitions; applicability.
9602. Compensation and performance management
system.
9601.Definitions;
applicability
(a)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)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.
9602.Compensation
and performance management system
(a)
(1)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)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)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; collaborationA 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
compensationExcept 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)A system established under this section shall have
not less than 2 levels of performance above a retention standard.
(e)Disclosure of
informationThe 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 systemNothing 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)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
Bureau9601
.
3.
(a)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 CongressFor 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.
July 16, 2013
Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed