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B-323357 1 (2012-07-11)

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          GAO
          Acona ity * Integrity * Reli ability
United States Government Accountability Office
Washington, DC 20548


          B-323357


          July 11, 2012

          The Honorable Denny Rehberg
          Chairman
          Subcommittee on Labor, Health and Human Services,
            Education, and Related Agencies
          Committee on Appropriations
          House of Representatives

          The Honorable Cliff Stearns
          Chairman
          Subcommittee on Oversight and Investigations
          Committee on Energy and Commerce
          House of Representatives

          The Honorable Joe Barton
          House of Representatives
          The Honorable Michael Burgess
          House of Representatives

          Subject: Pay for Consultants and Scientists Appointed under Title 42

          This responds to your request for our views on whether there are statutory caps on
          pay for consultants and scientists appointed pursuant to 42 U.S.C. §§ 209(f) or (g),
          and specifically whether the pay cap under 5 U.S.C. § 5373 applies.1 To answer this
          question, we address several issues. First, we consider the effect of an
          appropriation provision that restricts pay for individuals appointed on a limited-time
          basis pursuant to 42 U.S.C. §§ 209(f) and (g). Then, we examine two provisions in
          title 5 of the United States Code that also limit pay. The first is 5 U.S.C. § 3109,

          1 You also asked GAO to perform audit work on the extent to which the Department
          of Health and Human Services (HHS) and the Environmental Protection Agency
          (EPA) have used this authority and followed applicable guidance. See, GAO,
          Human Capital: HHS and EPA Can Improve Practices under Special Hiring
          Authorities, GAO-12-692 (Washington, D.C.: July 9, 2012).

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