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Text of the HHS Employee Compensation Reform Act of 2012

This bill was introduced on July 26, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 26, 2012 (Introduced).

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Source: GPO

I

112th CONGRESS

2d Session

H. R. 6214

IN THE HOUSE OF REPRESENTATIVES

July 26, 2012

(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.

1.

Short title

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

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.