HR447-119

1. Short title This Act may be cited as the Reliability for Ratepayers Act.

2. Compensation flexibility to address retention and hiring issues at the Bonneville Power Administration Section 10 of the Act of August 20, 1937 (commonly known as the Bonneville Project Act of 1937) (50 Stat. 736, chapter 720; 16 U.S.C. 832i), is amended by striking the section designation and subsections (a) and (b) and inserting the following: Notwithstanding any other law, rule, regulation, or directive relating to the payment of Federal employees (other than chapter 83 of title 5, United States Code), the administrator shall develop, implement, and, as appropriate, update, based on the results of an annual review under paragraph (4), a compensation plan that specifies and fixes the compensation (including salary or any other pay, bonuses, benefits, incentives, and any other form of remuneration) for employees of the administrator, including members of the Senior Executive Service (as defined in section 2101a of title 5, United States Code). Not later than 1 year after the date of enactment of the Reliability for Ratepayers Act, the administrator shall, in consultation with the Director of the Office of Personnel Management, and subject to confirmation and approval by the Secretary of Energy, which shall not be unreasonably withheld, develop an initial compensation plan under paragraph (1). Not later than 1 year after the date on which the initial compensation plan is developed under subparagraph (A), the administrator shall implement the initial compensation plan. A compensation plan developed under paragraph (1) shall— be based on an annual survey of the prevailing compensation for similar positions in the public sectors of the electric industry; be consistent with the approved annual general and administrative budget of the administrator and encourage the widest diversified use of electric power at the lowest possible rates to consumers consistent with sound business principles; provide that education, experience, level of responsibility, geographic differences, and retention and recruitment needs are to be taken into account in determining the compensation of employees of the administrator; and provide that the individual total compensation of the administrator and any employee of the administrator shall be comparable to and competitive with similar positions among consumer-owned utilities in the Western Interconnection. Annually, the administrator shall review and update, as appropriate, the compensation plan developed under paragraph (1). Notwithstanding any other law, rule, regulation, or directive relating to the payment of the administrator (other than chapter 83 of title 5, United States Code), the Secretary shall periodically review and update, as appropriate, the compensation of the administrator consistent with paragraph (3)(D). The administrator shall include in the quarterly public business review of the administrator or any other appropriate public review of the operations and finances of the administrator information on the applicable annual compensation plan review under subparagraph (A), including information on the amount of salaries of any employees whose annual salaries would exceed the annual rate payable for positions at Level IV of the Executive Schedule under section 5315 of title 5, United States Code. Annually, the administrator shall publish the compensation plan developed under paragraph (1) or updated under paragraph (4), as applicable. The administrator may, as the administrator determines to be necessary to carry out this Act, subject to applicable civil service laws— appoint any officers and employees; employ laborers, mechanics, and workers for construction work or the operation and maintenance of electrical facilities; and fix the compensation of individuals appointed under subparagraph (A) or (B), respectively, consistent with the applicable compensation plan developed under subsection (a)(1). In carrying out the authority provided by paragraph (1), the administrator shall be exempt from chapters 34, 43, 51, 53, 57, and 59 of title 5, United States Code. Employees of the administrator are subject to the application of the merit system principles set forth in section 2301 of title 5, United States Code, to the extent that the principles apply to a wholly owned Government corporation. The administrator may employ physicians, without regard to the civil service laws (including regulations), to perform physical examinations of employees of the administrator or prospective employees of the administrator who are or may become laborers, mechanics, and workers described in paragraph (1)(B). The administrator may appoint, without regard to the civil service laws (including regulations), any experts that the administrator determines to be necessary to carry out the functions of the administrator under this Act. 10.Employment of personnel(a)Employee compensation program(1)In generalNotwithstanding any other law, rule, regulation, or directive relating to the payment of Federal employees (other than chapter 83 of title 5, United States Code), the administrator shall develop, implement, and, as appropriate, update, based on the results of an annual review under paragraph (4), a compensation plan that specifies and fixes the compensation (including salary or any other pay, bonuses, benefits, incentives, and any other form of remuneration) for employees of the administrator, including members of the Senior Executive Service (as defined in section 2101a of title 5, United States Code).(2)Initial compensation plan(A)In generalNot later than 1 year after the date of enactment of the Reliability for Ratepayers Act, the administrator shall, in consultation with the Director of the Office of Personnel Management, and subject to confirmation and approval by the Secretary of Energy, which shall not be unreasonably withheld, develop an initial compensation plan under paragraph (1).(B)ImplementationNot later than 1 year after the date on which the initial compensation plan is developed under subparagraph (A), the administrator shall implement the initial compensation plan.(3)RequirementsA compensation plan developed under paragraph (1) shall—(A)be based on an annual survey of the prevailing compensation for similar positions in the public sectors of the electric industry;(B)be consistent with the approved annual general and administrative budget of the administrator and encourage the widest diversified use of electric power at the lowest possible rates to consumers consistent with sound business principles;(C)provide that education, experience, level of responsibility, geographic differences, and retention and recruitment needs are to be taken into account in determining the compensation of employees of the administrator; and(D)provide that the individual total compensation of the administrator and any employee of the administrator shall be comparable to and competitive with similar positions among consumer-owned utilities in the Western Interconnection.(4)Annual review(A)In generalAnnually, the administrator shall review and update, as appropriate, the compensation plan developed under paragraph (1).(B)Compensation of the AdministratorNotwithstanding any other law, rule, regulation, or directive relating to the payment of the administrator (other than chapter 83 of title 5, United States Code), the Secretary shall periodically review and update, as appropriate, the compensation of the administrator consistent with paragraph (3)(D). (C)Publication of informationThe administrator shall include in the quarterly public business review of the administrator or any other appropriate public review of the operations and finances of the administrator information on the applicable annual compensation plan review under subparagraph (A), including information on the amount of salaries of any employees whose annual salaries would exceed the annual rate payable for positions at Level IV of the Executive Schedule under section 5315 of title 5, United States Code.(5)Annual publicationAnnually, the administrator shall publish the compensation plan developed under paragraph (1) or updated under paragraph (4), as applicable.(b)Appointment; employment(1)In generalThe administrator may, as the administrator determines to be necessary to carry out this Act, subject to applicable civil service laws—(A)appoint any officers and employees;(B)employ laborers, mechanics, and workers for construction work or the operation and maintenance of electrical facilities; and(C)fix the compensation of individuals appointed under subparagraph (A) or (B), respectively, consistent with the applicable compensation plan developed under subsection (a)(1).(2)Exemption from certain civil service lawsIn carrying out the authority provided by paragraph (1), the administrator shall be exempt from chapters 34, 43, 51, 53, 57, and 59 of title 5, United States Code.(3)Application of merit system principlesEmployees of the administrator are subject to the application of the merit system principles set forth in section 2301 of title 5, United States Code, to the extent that the principles apply to a wholly owned Government corporation. (4)Employment of physiciansThe administrator may employ physicians, without regard to the civil service laws (including regulations), to perform physical examinations of employees of the administrator or prospective employees of the administrator who are or may become laborers, mechanics, and workers described in paragraph (1)(B).(5)Employment of expertsThe administrator may appoint, without regard to the civil service laws (including regulations), any experts that the administrator determines to be necessary to carry out the functions of the administrator under this Act..

10. Employment of personnel Notwithstanding any other law, rule, regulation, or directive relating to the payment of Federal employees (other than chapter 83 of title 5, United States Code), the administrator shall develop, implement, and, as appropriate, update, based on the results of an annual review under paragraph (4), a compensation plan that specifies and fixes the compensation (including salary or any other pay, bonuses, benefits, incentives, and any other form of remuneration) for employees of the administrator, including members of the Senior Executive Service (as defined in section 2101a of title 5, United States Code). Not later than 1 year after the date of enactment of the Reliability for Ratepayers Act, the administrator shall, in consultation with the Director of the Office of Personnel Management, and subject to confirmation and approval by the Secretary of Energy, which shall not be unreasonably withheld, develop an initial compensation plan under paragraph (1). Not later than 1 year after the date on which the initial compensation plan is developed under subparagraph (A), the administrator shall implement the initial compensation plan. A compensation plan developed under paragraph (1) shall— be based on an annual survey of the prevailing compensation for similar positions in the public sectors of the electric industry; be consistent with the approved annual general and administrative budget of the administrator and encourage the widest diversified use of electric power at the lowest possible rates to consumers consistent with sound business principles; provide that education, experience, level of responsibility, geographic differences, and retention and recruitment needs are to be taken into account in determining the compensation of employees of the administrator; and provide that the individual total compensation of the administrator and any employee of the administrator shall be comparable to and competitive with similar positions among consumer-owned utilities in the Western Interconnection. Annually, the administrator shall review and update, as appropriate, the compensation plan developed under paragraph (1). Notwithstanding any other law, rule, regulation, or directive relating to the payment of the administrator (other than chapter 83 of title 5, United States Code), the Secretary shall periodically review and update, as appropriate, the compensation of the administrator consistent with paragraph (3)(D). The administrator shall include in the quarterly public business review of the administrator or any other appropriate public review of the operations and finances of the administrator information on the applicable annual compensation plan review under subparagraph (A), including information on the amount of salaries of any employees whose annual salaries would exceed the annual rate payable for positions at Level IV of the Executive Schedule under section 5315 of title 5, United States Code. Annually, the administrator shall publish the compensation plan developed under paragraph (1) or updated under paragraph (4), as applicable. The administrator may, as the administrator determines to be necessary to carry out this Act, subject to applicable civil service laws— appoint any officers and employees; employ laborers, mechanics, and workers for construction work or the operation and maintenance of electrical facilities; and fix the compensation of individuals appointed under subparagraph (A) or (B), respectively, consistent with the applicable compensation plan developed under subsection (a)(1). In carrying out the authority provided by paragraph (1), the administrator shall be exempt from chapters 34, 43, 51, 53, 57, and 59 of title 5, United States Code. Employees of the administrator are subject to the application of the merit system principles set forth in section 2301 of title 5, United States Code, to the extent that the principles apply to a wholly owned Government corporation. The administrator may employ physicians, without regard to the civil service laws (including regulations), to perform physical examinations of employees of the administrator or prospective employees of the administrator who are or may become laborers, mechanics, and workers described in paragraph (1)(B). The administrator may appoint, without regard to the civil service laws (including regulations), any experts that the administrator determines to be necessary to carry out the functions of the administrator under this Act.