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Union Calendar No. 113 

113TH CONGRESS 

1ST SESSION H. R. 2067 

[Report No. 113–156] 

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 

JULY 16, 2013 

Additional sponsor: Mr. CONNOLLY

JULY 16, 2013 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alcohol and Tobacco 

5 Tax and Trade Bureau Personnel Flexibilities Act’’. 

6 SEC. 2. ALCOHOL AND TOBACCO TAX AND TRADE BUREAU. 

7 (a) IN GENERAL.—Subpart I of part III of title 5, 

8 United States Code, is amended by inserting after chapter 

9 95 the following: 

10 ‘‘CHAPTER 96—ALCOHOL AND TOBACCO 

11 TAX AND TRADE BUREAU 

‘‘9601. Definitions; applicability. 

‘‘9602. Compensation and performance management system. 

12 ‘‘§ 9601. Definitions; applicability 

13 ‘‘(a) DEFINITIONS.—For purposes of this chapter— 

14 ‘‘(1) the term ‘Secretary’ means the Secretary 

15 of the Treasury; 

16 ‘‘(2) the term ‘Bureau’ means the Alcohol and 

17 Tobacco Tax and Trade Bureau, Department of the 

18 Treasury; and 

19 ‘‘(3) the terms ‘senior executive’ and ‘Senior 

20 Executive Service position’ have the respective mean21 ings given them in section 3132(a). 

22 ‘‘(b) APPLICABILITY.—A compensation and perform23 ance management system established under section 9602 

24 shall not cover, and nothing in any such system shall be 


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1 considered to apply with respect to, a senior executive or 

2 a Senior Executive Service position. 

3 ‘‘§ 9602. Compensation and performance management 

4 system 

5 ‘‘(a) ESTABLISHMENT.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish a system, applying such criteria and procedures 

8 as the Secretary considers appropriate, which shall 

9 govern the compensation and performance manage10 ment of any number of employees holding critical 

11 scientific, technical, or professional positions in the 

12 Bureau. 

13 ‘‘(2) AUTHORITY.—Subject to the provisions of 

14 this chapter— 

15 ‘‘(A) the establishment of a compensation 

16 and performance management system under 

17 this section shall not be limited by any lack of 

18 specific authority under this title to take the ac19 tion contemplated, or by any provision of this 

20 title or any rule or regulation prescribed under 

21 this title which is inconsistent with the action; 

22 and 

23 ‘‘(B) the total number of positions covered 

24 by the system or systems established under au25 thority of this section (determined on a fullVerDate Mar 15 2010 02:09 Jul 17, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2067.RH H2067

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1 time equivalent basis) may not at any time ex2 ceed the number equal to 50 percent of the 

3 total number of positions within the Bureau (so 

4 determined). 

5 ‘‘(3) CONSULTATION.—The Secretary shall con6 sult with the Director of the Office of Personnel 

7 Management in the exercise of any authority under 

8 this section. 

9 ‘‘(b) NONWAIVABLE PROVISIONS; COLLABORA10 TION.—A compensation and performance management 

11 system established under this section— 

12 ‘‘(1) may not provide for a waiver of any provi13 sion of law, rule, or regulation identified in section 

14 4703(c); and 

15 ‘‘(2) shall be established and implemented in a 

16 manner consistent with subsections (f) and (g) of 

17 section 4703. 

18 ‘‘(c) LIMITATIONS ON COMPENSATION.—Except as 

19 otherwise provided by law— 

20 ‘‘(1) no employee compensated under a system 

21 established under this section may be paid at a rate 

22 of basic pay in excess of the rate payable for level 

23 III of the Executive Schedule under section 5314; 

24 and 


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1 ‘‘(2) total payments made to employees under a 

2 system so established shall be subject to any limita3 tion on payments under section 5307, to the same 

4 extent and in the same manner as would apply in 

5 the case of employees paid under section 5376. 

6 ‘‘(d) LEVELS OF PERFORMANCE.—A system estab7 lished under this section shall have not less than 2 levels 

8 of performance above a retention standard. 

9 ‘‘(e) DISCLOSURE OF INFORMATION.—The Secretary 

10 of the Treasury, on request of the Director of the Office 

11 of Personnel Management, shall furnish information relat12 ing to the operation of any compensation and performance 

13 management system established under this section.’’. 

14 (b) COMPLIANCE USING A PREEXISTING SYSTEM.— 

15 Nothing in this Act shall be considered to require that the 

16 Secretary of the Treasury discontinue any compensation 

17 and performance management system, originally imple18 mented as a demonstration project, or postpone any plans 

19 to modify any such system, so long as such system (as 

20 so implemented or modified) satisfies the requirements of 

21 chapter 96 of title 5, United States Code, as amended by 

22 this Act. 

23 (c) CLERICAL AMENDMENT.—The analysis for part 

24 III of title 5, United States Code, is amended by inserting 

25 after the item relating to chapter 95 the following: 

‘‘96. Alcohol and Tobacco Tax and Trade Bureau .................................. 9601’’. 


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1 SEC. 3. STUDY. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of the establishment of a compensation and perform4 ance management system under section 9602 of title 5, 

5 United States Code, as amended by this Act (or, in any 

6 circumstance described in section 2(b), after the earliest 

7 date, on or after the date of the enactment of this Act, 

8 as of which a system satisfying the requirements of chap9 ter 96 of such title, as so amended, is in operation) the 

10 Government Accountability Office shall submit to the ap11 propriate committees of Congress a report on— 

12 (1) the operation of such system; and 

13 (2) the operation of ongoing demonstration 

14 projects, whether under section 4703 of title 5, 

15 United States Code, or other authority, testing the 

16 use of a pay and classification system different from 

17 the system set forth in chapter 51 and subchapter 

18 III of chapter 53 of such title 5 (relating to the Gen19 eral Schedule). 

20 The report shall, with respect to each system covered by 

21 such report, include an assessment of the overall effective22 ness of such system (particularly as compared to the sys23 tem which is based on the General Schedule) and rec24 ommendations for any legislation or administrative action 

25 which the Government Accountability Office considers ap26 propriate. 


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1 (b) APPROPRIATE COMMITTEES OF CONGRESS.—For 

2 purposes of this section, the term ‘‘appropriate committees 

3 of Congress’’ means— 

4 (1) the Committee on Oversight and Govern5 ment Reform of the House of Representatives; and 

6 (2) the Committee on Homeland Security and 

7 Governmental Affairs of the Senate. 


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Union Calendar No. 113 

113TH CONGRESS 

1ST SESSION H. R. 2067 

[Report No. 113–156] 

A BILL 

To amend title 5, United States Code, to make perment of the Treasury. and Tobacco Tax and Trade Bureau, Depart- nical, or professional positions within the Alcohol spect to persons holding critical scientific, tech- and performance management system with re- Treasury to establish a separate compensation manent the authority of the Secretary of the 

JULY 16, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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