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111th Congress                                             Rept. 111-85
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
              HOUSE RESERVISTS PAY ADJUSTMENT ACT OF 2009

                                _______
                                

 April 22, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Brady of Pennsylvania, from the Committee on House Administration, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1679]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 1679) to provide for the replacement of lost 
income for employees of the House of Representatives who are 
members of a reserve component of the armed forces who are on 
active duty for a period of more than 30 days, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                       Purpose of the Legislation

    The House Reservists Pay Adjustment Act of 2009 (H.R. 1679) 
would provide for the payment of supplemental income to House 
employees who are involuntarily called into active military 
service.

                              Bill Summary

    H.R. 1679 would provide supplemental income to House 
employees who are members of a reserve component of the Armed 
Forces who are involuntarily called into active military duty. 
The House would provide payments during the period of active 
military duty amounting to the difference between the 
employee's military salary and the employee's House salary 
prior to activation.
    In order to be eligible for the payments, employees must 
have been employed by the House for a continuous period of 90 
days immediately preceding military activation. The calculation 
of the employee's House salary would be adjusted annually to 
provide the same Federal Pay Comparability Act adjustments 
authorized for employees under the House Position 
Classification Act. The cost of the pay supplements would be 
paid out of appropriate House accounts, but not charged to the 
employing office.

                        Committee Consideration

    On March 25, 2009, the Committee considered H.R. 1679 and, 
by voice vote, ordered the bill reported favorably without 
amendment. No recorded votes were taken during the 
consideration of the bill.

                   Background and Need for H.R. 1679

    Several employees of the U.S. House of Representatives 
currently serve on active duty in the U.S. Armed Forces. While 
on active duty, these employees are paid the rate of a full-
time active duty serviceman. For many of these House employees, 
this rate constitutes a dramatic reduction in pay from their 
House salary. This reduction creates a strain on family 
budgets, and compounds the struggles faced while a family 
member is in active military service.
    H.R. 1679 is in line with the practices of many private 
sector employers, which provide income to close the gap between 
active duty pay and reservists' non-military salary.

                          Analysis of the Bill

    H.R. 1679 was referred to the Committee on House 
Administration on March 24, 2009 and ordered reported on March 
25, 2009. The bill would provide for the replacement of lost 
income for employees of the House who are members of a Reserve 
component of the armed forces and are on active duty for a 
period of more than 30 days.
    Section 1. Section 1 states the short title of the Act, the 
``House Reservists Pay Adjustment Act of 2009.''
    Section 2. Subsection (a) provides that for each active 
duty month of an eligible House employee who is also a member 
of a Reserve component of the Armed Forces, the Chief 
Administrative Officer will pay the employee the amount of 
money by which his or her regular compensation exceeds the 
total monthly military compensation paid to the employee by the 
Secretary of Defense. Employees would be considered eligible if 
they were employees of the House during each day of the 90-day 
period ending on the day they report to active duty under an 
involuntary mobilization order.
    Subsection (b) provides that the amount of regular 
compensation is the amount received by the employee for the 
base month (excluding bonus or incentive payments) increased by 
any cost-of-living adjustments applicable to employees of the 
Office of the Chief Administrative Officer for months occurring 
after the base month. The base month is defined as the most 
recent month for which the employee received compensation from 
the House prior to the active duty month.
    Subsection (c) provides that the amount of any payment 
shall be reduced by the Chief Administrative Officer by the 
amount of any compensation the employee receives under 37 
U.S.C. 910 or any other source that is provided to replace 
income lost by the individual. The Chief Administrative Officer 
is also directed to not make payments unless the payment is 
greater than $50.
    Subsection (d) defines ``active duty month'' as any month 
during which an eligible employee is not able to perform duties 
for their employing authority because the employee is on active 
duty under an involuntary mobilization order for a period of 
more than 30 days. The subsection refers to the definition of 
``Armed Forces'', ``active duty for a period of more than 30 
days,'' and ``Reserve component'' in 37 U.S.C. 101, and refers 
to the definition of ``total monthly military compensation'' in 
37 U.S.C. 910(e)(2).
    Section 3. Section 3 amends Clause 8 of rule XXIII of the 
Rules of the House to allow a Member, Delegate, Resident 
Commissioner, or Officer of the House to retain an employee 
covered under Section 2.
    Section 4. Section 4 amends 2 U.S.C. 125 to clarify that 
the widow, widower, or heirs-at-law of an employee covered 
under Section 2 who dies during an active duty month remain 
eligible for the gratuity for survivors of House employees.

               Matters Required Under Rules of the House


Constitutional authority

    Clause 3(d)(1) of House Rule XIII requires each committee 
report on a public bill or joint resolution to include a 
statement citing the specific constitutional power(s) granted 
to the Congress on which the Committee relies for enactment of 
the measure under consideration.
    The Committee cites the legislative power broadly granted 
to Congress in Article I.

Committee votes

    Clause 3(b) of House Rule XIII requires the results of each 
recorded vote on an amendment or motion to report, together 
with the names of those voting for and against, to be printed 
in the committee report. No recorded votes were taken during 
the committee's consideration of H.R. 1679.

Congressional Budget Office estimate

    Clause 3(c)(3) of House Rules XIII requires the report of a 
committee on a measure which has been approved by the committee 
to include a cost estimate prepared by the Director of the 
Congressional Budget Office pursuant to section 403 of the CBA, 
if timely submitted. The Director submitted the following 
estimate:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 27, 2009.
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1679, the House 
Reservists Pay Adjustment Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 1679--House Reservists Pay Adjustment Act of 2009

    H.R. 1679 would provide for the replacement of lost income 
for employees of the House of Representatives who are members 
of a reserve component of the armed forces and are on active 
duty for more than 30 days. Lost income would be defined as the 
difference between the employee's military and civilian 
compensation, subject to certain adjustments. CBO estimates 
that implementing H.R. 1679 would have no significant impact on 
the federal budget and would not affect direct spending or 
revenues.
    The costs of implementing the legislation would depend on 
the size of the future reserve force, which depends on the 
duration of the military operations in Iraq and Afghanistan, 
future military actions, and the size of the force required for 
those conflicts. Information from the House of Representatives 
and the Department of Defense indicates that, to date, very few 
employees of the House of Representatives have been called to 
active duty. Assuming few such employees continue to be called 
to active duty in the future, CBO estimates that implementing 
the bill would not significantly increase discretionary 
spending.
    H.R. 1679 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Matthew 
Pickford and Barry Blom. This estimate was approved by Theresa 
Gullo, Deputy Assistant Director for Budget Analysis.

Federal mandates

    Section 423 of the CBA requires a committee report on any 
public bill or joint resolution that includes a federal mandate 
to include specific information about such mandates. The 
Committee states that H.R. 1679 includes no federal mandates.

Preemption clarification

    Section 423 of the CBA requires a committee report on any 
public bill or joint resolution to include a committee 
statement on the extent to which the measure is intended to 
preempt state or local law. The Committee states that H.R. 1679 
is not intended to preempt any state or local law.

Oversight findings

    Clause 3(c)(1) of Rule XIII requires each committee report 
to contain oversight findings and recommendations required 
pursuant to clause 2(b)(1) of House Rule X. The Committee has 
general oversight responsibility for the Chief Administrative 
Officer of the House of Representatives.
    In the course of its continuing oversight of the CAO, the 
committee noted the benefit of continued support to those House 
employees in active service to our military.

Statement of general performance goals and objectives

    Clause 3(c)(4) of House Rule XIII requires committee 
reports to include a statement of general performance goals and 
objectives. The Committee finds that H.R. 1679 honors the 
House's commitment to its employees who are deployed in active 
military service.

Congressional ``earmarks''

    Clause 9 of House Rule XXI requires committee reports on 
public bills and resolutions to contain an identification of 
congressional ``earmarks,'' limited tax benefits, limited 
tariff benefits, and the names of requesting Members. The bill 
contains no such items.

Congressional Accountability Act applicability

    Section 102(b)(3) of the Congressional Accountability Act 
of 1995 (Pub.L. 104-1) (CAA) requires each report on a public 
bill or joint resolution relating to terms and conditions of 
employment or access to public services or accommodations to 
describe the manner in which the legislation applies to the 
Legislative Branch. H.R. 1679 does not amend any part of the 
Congressional Accountability Act. It confers a new benefit to 
some House employees, but is not directly applicable to the 
CAA.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

RULES OF THE HOUSE OF REPRESENTATIVES

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                              RULE XXIII.

                       Code of Official Conduct.

  There is hereby established by and for the House the 
following code of conduct, to be known as the ``Code of 
Official Conduct'':
          1. * * *

           *       *       *       *       *       *       *

          8. (a) * * *

           *       *       *       *       *       *       *

  (d) Nothing in this clause may be construed to prohibit the 
disbursement or receipt of any payment authorized under section 
2 of the House Reservists Pay Adjustment Act of 2009.

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LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1955

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TITLE I--LEGISLATIVE BRANCH

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HOUSE OF REPRESENTATIVES

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Contingent Expenses of the House

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  The Chief Administrative Officer of the House of 
Representatives is hereafter authorized to pay, from the 
applicable accounts of the House of Representatives, a gratuity 
to the widow, widower, or heirs-at-law of each deceased 
employee of the House an amount equal to one month's salary for 
each year or part of year of the first six years' service of 
such employee plus one-half of one month's salary for each year 
or part of year of such service in excess of six years to and 
including the eighteenth year of such service. Service computed 
hereunder shall include all Federal civilian employment, and 
military service where such service interrupted Federal 
civilian employment. Nothing in this paragraph may be construed 
to prohibit the Chief Administrative Officer from paying a 
gratuity to the widow, widower, or heirs-at-law of an employee 
of the House who dies during an active duty month (as defined 
in section 2(d) of the House Reservists Pay Adjustment Act of 
2009).

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