,,ib ,union ,calendar ,no4 #aac #aacth ,,congress #ast ,session ,h4 ,r4 #bjfg ,report ,no4 #aac-aef ,,in ,,the ,,house ,,of ,,representatives ,may #ba1 #bjac ,mr4 ,meadows introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,july #af1 #bjac ,additional sponsor3 ,mr4 ,connolly ,july #af1 #bjac ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend title #e1 ,united ,states ,code1 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 scientific1 technical1 or professional positions within the ,alcohol and ,tobacco ,tax and ,trade ,bureau1 ,department of the ,treasury4 #a4 ,short title ,this ,act may be cited as the ,alcohol and ,tobacco ,tax and ,trade ,bureau ,personnel ,flexibilities ,act4 #b4 ,alcohol and ,tobacco ,tax and ,trade ,bureau 7a7 ,in general ,subpart ,i of part ,,iii of title #e1 ,united ,states ,code1 is amended by inserting after chapter #ie the following3 #if ,alcohol and ,tobacco ,tax and ,trade ,bureau #ifja4 ,definitions2 applicability4 #ifjb4 ,compensation and performance management system4 #ifja4 ,definitions2 applicability 7a7 ,definitions ,for purposes of this chapter-- 7#a7 the term ,secretary means the ,secretary of the ,treasury2 7#b7 the term ,bureau means the ,alcohol and ,tobacco ,tax and ,trade ,bureau1 ,department of the ,treasury2 and 7#c7 the terms senior executive and ,senior ,executive ,service position have the respective meanings given them in section #cacb7;a74 7b7 ,applicability ,a compensation and performance management system established under section #ifjb shall not cover1 and nothing in any such system shall be considered to apply with respect to1 a senior executive or a ,senior ,executive ,service position4 #ifjb4 ,compensation and performance management system 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a system1 applying such criteria and procedures as the ,secretary considers appropriate1 which shall govern the compensation and performance management of any number of employees holding critical scientific1 technical1 or professional positions in the ,bureau4 7#b7 ,authority ,subject to the provisions of this chapter-- 7,a7 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 contemplated1 or by any provision of this title or any rule or regulation prescribed under this title which is inconsistent with the action2 and 7,b7 the total number of positions covered by the system or systems established under authority of this section 7determined on a full-time equivalent basis7 may not at any time exceed the number equal to #ej percent of the total number of positions within the ,bureau 7so determined74 7#c7 ,consultation ,the ,secretary shall consult with the ,director of the ,office of ,personnel ,management in the exercise of any authority under this section4 7b7 ,nonwaivable provisions2 collaboration ,a compensation and performance management system established under this section-- 7#a7 may not provide for a waiver of any provision of law1 rule1 or regulation identified in section #dgjc7;c72 and 7#b7 shall be established and implemented in a manner consistent with subsections 7f7 and 7g7 of section #dgjc4 7c7 ,limitations on compensation ,except as otherwise provided by law-- 7#a7 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 #ecad2 and 7#b7 total payments made to employees under a system so established shall be subject to any limitation on payments under section #ecjg1 to the same extent and in the same manner as would apply in the case of employees paid under section #ecgf4 7d7 ,levels of performance ,a system established under this section shall have not less than #b levels of performance above a retention standard4 7e7 ,disclosure of information ,the ,secretary of the ,treasury1 on request of the ,director of the ,office of ,personnel ,management1 shall furnish information relating to the operation of any compensation and performance management system established under this section4 4 7b7 ,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 system1 originally implemented as a demonstration project1 or postpone any plans to modify any such system1 so long as such system 7as so implemented or modified7 satisfies the requirements of chapter #if of title #e1 ,united ,states ,code1 as amended by this ,act4 7c7 ,clerical amendment ,the analysis for part ,,iii of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #ie the following3 #if4;,alcohol and ,tobacco ,tax and ,trade ,bureau#ifja 4 #c4 ,study 7a7 ,in general ,not later than #a year after the date of the establishment of a compensation and performance management system under section #ifjb of title #e1 ,united ,states ,code1 as amended by this ,act 7or1 in any circumstance described in section #b7;b71 after the earliest date1 on or after the date of the enactment of this ,act1 as of which a system satisfying the requirements of chapter #if of such title1 as so amended1 is in operation7 the ,government ,accountability ,office shall submit to the appropriate committees of ,congress a report on-- 7#a7 the operation of such system2 and 7#b7 the operation of ongoing demonstration projects1 whether under section #dgjc of title #e1 ,united ,states ,code1 or other authority1 testing the use of a pay and classification system different from the system set forth in chapter #ea and subchapter ,,iii of chapter #ec of such title #e 7relating to the ,general ,schedule74 ,the report shall1 with respect to each system covered by such report1 include an assessment of the overall effectiveness of such system 7particularly as compared to the system which is based on the ,general ,schedule7 and recommendations for any legislation or administrative action which the ,government ,accountability ,office considers appropriate4 7b7 ,appropriate committees of ,congress ,for purposes of this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7#b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 ,july #af1 #bjac ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed