I 
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 sub-
section (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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘HHS Employee Com-
pensation Reform Act of 2012’’. 
VerDate Mar 15 2010 
02:24 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6214.IH
H6214
rfrederick on DSK6VPTVN1PROD with BILLS
SEC. 2. EMPLOYMENT OF SPECIAL CONSULTANTS AND FEL-
LOWS 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 fol-
lowing: 
‘‘(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 Fed-
eral 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 
VerDate Mar 15 2010 
02:24 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6214.IH
H6214
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(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 cov-
ered individual for the entirety of such period. 
‘‘(B) At any time, up to 50 individuals serving pursu-
ant to subsection (f) or (g) may be paid without regard 
to the limitation on compensation established by subpara-
graph (A) if the Secretary finds that each such individ-
ual’s service is vital to support the activities of the Depart-
ment 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 in-
dividual serving pursuant to subsection (f) or (g); 
and 
‘‘(iii) the term ‘Federal compensation’ means 
compensation for service performed pursuant to sub-
section (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— 
VerDate Mar 15 2010 
02:24 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6214.IH
H6214
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(A) specifying the number of individuals serv-
ing 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 Sec-
retary under paragraph (3)(B) to authorize, with re-
spect to service during such 12-month period, the 
payment of an individual without regard to the limi-
tation 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 sub-
section (a), apply— 
(A) beginning on the date of the enactment 
of this Act with respect to special consultants, 
VerDate Mar 15 2010 
02:24 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6214.IH
H6214
rfrederick on DSK6VPTVN1PROD with BILLS
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 en-
actment of this Act. 
(2) Paragraph (2) of section 207(i) of the Pub-
lic 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. 
Æ 
VerDate Mar 15 2010 
02:24 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H6214.IH
H6214
rfrederick on DSK6VPTVN1PROD with BILLS