Sec. 3. Adjustment of PHMSA employee pay rates

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Subject to section 5373 of title 5, United States Code, and notwithstanding any other provision of law, to ensure that the Administration is able to competitively attract and retain employees, including employees with the greatest talent with respect to the inspection of pipelines, the Secretary may establish, in accordance with this section, higher minimum rates of basic pay for the employees of the Administration described in subsection (b). The employees of the Administration referred to in subsection

(a)are, as the Secretary determines to be appropriate, 1 or more of the following: Employees in a job series the duties of which are comparable, in the determination of the Secretary, to the duties of a job series described in section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012). Employees that are GS–0801 series General Engineers. Employees in a job series the duties of which involve— the inspection of pipelines; or the enforcement of laws (including regulations) relating to pipelines. A rate of basic pay established under subsection

(a)shall be— with respect to employees in a job series described in subsection (b)(1), equal to the rate of basic pay established by the Secretary of the Interior under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012), for the employees of the Department of the Interior in the applicable job series described in that subsection; and with respect to employees in a job series described in paragraph

(2)or

(3)of subsection (b)— commensurate with the rate of basic pay established by the Secretary of the Interior under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012), for the job series that, in the determination of the Secretary, is most comparable to the applicable job series described in paragraph

(2)or

(3)of that subsection; not more than 30 percent above the minimum rate of basic pay normally scheduled for the applicable employee; and consistent with subsections

(e)through

(j)of section 5305 of title 5, United States Code. Notwithstanding any other provision of law, if the Secretary of the Interior establishes a new minimum rate of basic pay under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012), after the date of enactment of this Act, the Secretary, beginning on the date on which the Secretary of the Interior establishes that new minimum rate of basic pay, may establish— a new minimum rate of basic pay under subsection

(a)for applicable employees of the Administration; and an effective date for that new minimum rate of basic pay, subject to the condition that the effective date is not earlier than the effective date for the new minimum rate of basic pay established by the Secretary of the Interior. Not later than 45 days after the date of enactment of this Act, the Secretary shall— determine whether the Secretary of the Interior has established a higher minimum rate of basic pay under section 121(c) of title I of division E of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 1012); and if applicable, establish— a minimum rate of basic pay under subsection

(a)for applicable employees of the Administration that is based on the most recent minimum rate of basic pay established by the Secretary of the Interior for the applicable job series under that section; and an effective date for that minimum rate of basic pay, subject to the condition that the effective date is not earlier than the date on which the Secretary establishes that minimum rate of basic pay under clause (i). Notwithstanding any other provision of law, the Secretary shall not be required to seek or receive approval from the Director of the Office of Management and Budget or the Director of the Office of Personnel Management to establish a new minimum rate of basic pay under this section. The authority to establish a higher minimum rate of basic pay under this section is in addition to the authority provided by section 102(c) of the PIPES Act of 2020 ( 49 U.S.C. 60101 note; Public Law 116–260 ). Section 102(c) of the PIPES Act of 2020 ( 49 U.S.C. 60101 note; Public Law 116–260 ) is amended by adding at the end the following: The rate of pay for an employee of the Administration described in any of paragraphs

(1)through

(3)of subsection

(b)of section 3 of the PROTECT Our Great Lakes Act shall be the highest of— any applicable special pay rate established under paragraph (1); any applicable minimum rate of basic pay established under subsection

(a)of that section; and the rate of pay otherwise applicable to the employee. .

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