Section 1 Short title
This Act may be cited as the “Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act”.
Alcohol and Tobacco Tax and Trade Bureau Personnel Flexibilities Act
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.
Sec. 2 Alcohol and Tobacco Tax and Trade Bureau
In general— Subpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following:
“96 Alcohol and Tobacco Tax and Trade Bureau
“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.
“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.”
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.
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:
Sec. 3 Study
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—
the operation of such system; and
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).
Appropriate committees of Congress— For purposes of this section, the term appropriate committees of Congress means—
the Committee on Oversight and Government Reform of the House of Representatives; and
the Committee on Homeland Security and Governmental Affairs of the Senate.