I 

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. 

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’’. 


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

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

3 United States Code, is amended by inserting after chapter 

4 95 the following: 

5 ‘‘CHAPTER 96—ALCOHOL AND TOBACCO 

6 TAX AND TRADE BUREAU 

‘‘9601. Definitions; applicability. 

‘‘9602. Compensation and performance management system. 

7 ‘‘§ 9601. Definitions; applicability 

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

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

10 of the Treasury; 

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

12 Tobacco Tax and Trade Bureau, Department of the 

13 Treasury; and 

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

15 Executive Service position’ have the respective mean16 ings given them in section 3132(a). 

17 ‘‘(b) APPLICABILITY.—A compensation and perform18 ance management system established under section 9602 

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

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

21 a Senior Executive Service position. 

22 ‘‘§ 9602. Compensation and performance management 

23 system 

24 ‘‘(a) ESTABLISHMENT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish a system, applying such criteria and procedures 

3 as the Secretary considers appropriate, which shall 

4 govern the compensation and performance manage5 ment of any number of employees holding critical 

6 scientific, technical, or professional positions in the 

7 Bureau. 

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

9 this chapter— 

10 ‘‘(A) the establishment of a compensation 

11 and performance management system under 

12 this section shall not be limited by any lack of 

13 specific authority under this title to take the ac14 tion contemplated, or by any provision of this 

15 title or any rule or regulation prescribed under 

16 this title which is inconsistent with the action; 

17 and 

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

19 by the system or systems established under au20 thority of this section (determined on a full21 time equivalent basis) may not at any time ex22 ceed the number equal to 50 percent of the 

23 total number of positions within the Bureau (so 

24 determined). 


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1 ‘‘(3) CONSULTATION.—The Secretary shall con2 sult with the Director of the Office of Personnel 

3 Management in the exercise of any authority under 

4 this section. 

5 ‘‘(b) NONWAIVABLE PROVISIONS; COLLABORA6 TION.—A compensation and performance management 

7 system established under this section— 

8 ‘‘(1) may not provide for a waiver of any provi9 sion of law, rule, or regulation identified in section 

10 4703(c); and 

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

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

13 section 4703. 

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

15 otherwise provided by law— 

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

17 established under this section may be paid at a rate 

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

19 III of the Executive Schedule under section 5314; 

20 and 

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

22 system so established shall be subject to any limita23 tion on payments under section 5307, to the same 

24 extent and in the same manner as would apply in 

25 the case of employees paid under section 5376. 


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1 ‘‘(d) LEVELS OF PERFORMANCE.—A system estab2 lished under this section shall have not less than 2 levels 

3 of performance above a retention standard. 

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

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

6 of Personnel Management, shall furnish information relat7 ing to the operation of any compensation and performance 

8 management system established under this section.’’. 

9 (b) COMPLIANCE USING A PREEXISTING SYSTEM.— 

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

11 Secretary of the Treasury discontinue any compensation 

12 and performance management system, originally imple13 mented as a demonstration project, or postpone any plans 

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

15 so implemented or modified) satisfies the requirements of 

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

17 this Act. 

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

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

20 after the item relating to chapter 95 the following: 

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

21 SEC. 3. STUDY. 

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

23 date of the establishment of a compensation and perform24 ance management system under section 9602 of title 5, 

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


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

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

3 as of which a system satisfying the requirements of chap4 ter 96 of such title, as so amended, is in operation) the 

5 Government Accountability Office shall submit to the ap6 propriate committees of Congress a report on— 

7 (1) the operation of such system; and 

8 (2) the operation of ongoing demonstration 

9 projects, whether under section 4703 of title 5, 

10 United States Code, or other authority, testing the 

11 use of a pay and classification system different from 

12 the system set forth in chapter 51 and subchapter 

13 III of chapter 53 of such title 5 (relating to the Gen14 eral Schedule). 

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

16 such report, include an assessment of the overall effective17 ness of such system (particularly as compared to the sys18 tem which is based on the General Schedule) and rec19 ommendations for any legislation or administrative action 

20 which the Government Accountability Office considers ap21 propriate. 

22 (b) APPROPRIATE COMMITTEES OF CONGRESS.—For 

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

24 of Congress’’ means— 


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1 (1) the Committee on Oversight and Govern2 ment Reform of the House of Representatives; and 

3 (2) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate. 

Æ 


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