The House of Representatives this week, approved an amendment by Congressman Michael C. Burgess, M.D., barring the Environmental Protection Agency (EPA) from hiring and compensating employees under the Title 42 special pay designation – a category exclusively authorized for the Department of Health and Human Services (HHS) in.  The special provision was intended for unique circumstances, in which HHS would need to incentivize the employment of the health industry’s leading experts, whose salary requirements go beyond the existing GS-pay scale.  These salaries are nearly uncapped – often upwards of $200,000 - $300,000 each year. 

Without approval from the proper authorizing committee – the House Committee on Energy & Commerce –  the House Appropriations Committee approved the EPA’s use of the Title 42 special pay mechanism in 2006.  Despite originally being granted just a handful of Title 42 slots, that number has now risen to 50. This nearly uncapped and unjustified compensation for these EPA employees has already cost taxpayers tens of millions of dollars. 

“The EPA’s unbridled exploitation of Title 42 is unconscionable,” Rep. Burgess said. “No agency is ever above the law, and it is up to Congress to rein in those who think otherwise. This amendment’s passage ensures that bureaucrats won’t continue awarding themselves exorbitant raises on the taxpayer dime. It is critically important that American people get the accountability they deserve, and I am hopeful that this provision remains a part of the final FY16 interior appropriations bill.”