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 estab-
lish a separate compensation and performance manage-
ment system with respect to persons holding critical sci-
entific, technical, or professional positions within the Al-
cohol and Tobacco Tax and Trade Bureau, Department 
of the Treasury. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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. 
‘‘§ 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 mean-
ings given them in section 3132(a). 
‘‘(b) APPLICABILITY.—A compensation and perform-
ance 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) ESTABLISHMENT.— 
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‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a system, applying such criteria and procedures 
as the Secretary considers appropriate, which shall 
govern the compensation and performance manage-
ment 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 ac-
tion 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 au-
thority of this section (determined on a full- 
time equivalent basis) may not at any time ex-
ceed the number equal to 50 percent of the 
total number of positions within the Bureau (so 
determined). 
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‘‘(3) CONSULTATION.—The Secretary shall con-
sult with the Director of the Office of Personnel 
Management in the exercise of any authority under 
this section. 
‘‘(b) 
NONWAIVABLE
PROVISIONS; 
COLLABORA-
TION.—A compensation and performance management 
system established under this section— 
‘‘(1) may not provide for a waiver of any provi-
sion 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 limita-
tion 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. 
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‘‘(d) LEVELS OF PERFORMANCE.—A system estab-
lished 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 relat-
ing 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 imple-
mented 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 perform-
ance management system under section 9602 of title 5, 
United States Code, as amended by this Act (or, in any 
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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 chap-
ter 96 of such title, as so amended, is in operation) the 
Government Accountability Office shall submit to the ap-
propriate 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 Gen-
eral Schedule). 
The report shall, with respect to each system covered by 
such report, include an assessment of the overall effective-
ness of such system (particularly as compared to the sys-
tem which is based on the General Schedule) and rec-
ommendations for any legislation or administrative action 
which the Government Accountability Office considers ap-
propriate. 
(b) APPROPRIATE COMMITTEES OF CONGRESS.—For 
purposes of this section, the term ‘‘appropriate committees 
of Congress’’ means— 
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(1) the Committee on Oversight and Govern-
ment Reform of the House of Representatives; and 
(2) the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
Æ 
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