[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6214 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6214

     To limit the number and pay of individuals serving as special 
consultants, fellows, or other employees pursuant to subsection (f) or 
  (g) of section 207 of the Public Health Service Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2012

   Mr. Barton of Texas (for himself and Mr. Stearns) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
     To limit the number and pay of individuals serving as special 
consultants, fellows, or other employees pursuant to subsection (f) or 
  (g) of section 207 of the Public Health Service Act, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HHS Employee Compensation Reform Act 
of 2012''.

SEC. 2. EMPLOYMENT OF SPECIAL CONSULTANTS AND FELLOWS FOR THE PUBLIC 
              HEALTH SERVICE.

    (a) In General.--Section 207 of the Public Health Service Act (42 
U.S.C. 209) is amended--
            (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j); and
            (2) by inserting after subsection (h) the following:
    ``(i)(1) Subsections (f) and (g) do not authorize the designation, 
appointment, or employment of any special consultant, fellow, or other 
employee by an agency outside of the Department of Health and Human 
Services.
    ``(2) Not more than 5 percent of the total number of employees of 
the Department of Health and Human Services may be individuals serving 
pursuant to subsection (f) or (g).
    ``(3)(A) Subject to subparagraph (B), the total Federal 
compensation payable to a covered individual may not, for any 12-month 
period, exceed--
            ``(i) if such individual is a covered individual for the 
        entirety of such period, the dollar amount equal to 150 percent 
        of the annual rate of pay which, as of the last day of such 
        period, is payable for level I of the Executive Schedule under 
        section 5312 of title 5, United States Code; or
            ``(ii) if such individual is a covered individual for less 
        than the entirety of such period, the pro rata equivalent of 
        the dollar amount which would apply under clause (i) if such 
        individual were a covered individual for the entirety of such 
        period.
    ``(B) At any time, up to 50 individuals serving pursuant to 
subsection (f) or (g) may be paid without regard to the limitation on 
compensation established by subparagraph (A) if the Secretary finds 
that each such individual's service is vital to support the activities 
of the Department of Health and Human Services.
    ``(C) For purposes of subparagraph (A)--
            ``(i) the term `compensation' means basic pay and any 
        allowance, differential, bonus, award, or other similar cash 
        payment;
            ``(ii) the term `covered individual' means an individual 
        serving pursuant to subsection (f) or (g); and
            ``(iii) the term `Federal compensation' means compensation 
        for service performed pursuant to subsection (f) or (g) or 
        both; and
    ``(4) Not later than 6 months after the date of the enactment of 
this Act, and not later than each December 31 thereafter, the Secretary 
shall submit to the Congress a report--
            ``(A) specifying the number of individuals serving during 
        the preceding 12-month period pursuant to subsection (f) or 
        (g);
            ``(B) specifying the number of such individuals at each 
        agency of the Department of Health and Human Services; and
            ``(C) including each finding made by the Secretary under 
        paragraph (3)(B) to authorize, with respect to service during 
        such 12-month period, the payment of an individual without 
        regard to the limitation on compensation established by 
        paragraph (3)(A).''.
    (b) Technical Corrections.--Subsection (i) of section 207 of the 
Public Health Service Act (42 U.S.C. 209), as redesignated by 
subsection (a), is amended--
            (1) by striking ``subsection (f)'' and inserting 
        ``subsection (g)''; and
            (2) by striking ``subsection (e)'' and inserting 
        ``subsection (f)''.
    (c) Applicability.--
            (1) Paragraphs (1) and (3) of section 207(i) of the Public 
        Health Service Act, as added by subsection (a), apply--
                    (A) beginning on the date of the enactment of this 
                Act with respect to special consultants, fellows, and 
                other employees appointed on or after the date of the 
                enactment of this Act; and
                    (B) beginning on the date that is 5 years after the 
                date of the enactment of this Act with respect to 
                special consultants, fellows, and other employees 
                appointed before the date of the enactment of this Act.
            (2) Paragraph (2) of section 207(i) of the Public Health 
        Service Act, as added by subsection (a), applies beginning on 
        the date that is 5 years after the date of the enactment of 
        this Act.
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