[House Report 110-832]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-832
HOUSE OF REPRESENTATIVES
2d Session Part 1
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HOUSE RESERVISTS PAY ADJUSTMENT ACT OF 2008
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September 9, 2008.--Ordered to be printed
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Mr. Brady of Pennsylvania, from the Committee on House Administration,
submitted the following
R E P O R T
[To accompany H.R. 6608]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 6608) 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 2008 (H.R. 6608)
would provide for the payment of supplemental income to House
employees who are involuntarily called into active military
service.
Bill Summary
H.R. 6608 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 July 30, 2008, the Committee considered H.R. 6608 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. 6608
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. 6608 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. 6608 was referred to the Committee on House
Administration on July 24, 2008 and ordered reported on July
30, 2008. 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 2008.''
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. 6608.
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, August 7, 2008.
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. 6608, the House
Reservists Pay Adjustment Act of 2008.
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 Peter R. Orszag, Director).
Enclosure.
H.R. 6608--House Reservists Pay Adjustment Act of 2008
H.R. 6608 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. 6608 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, activities related
to the war on terrorism, 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. Thus, CBO estimates that implementing the bill
would not significantly increase discretionary spending.
H.R. 6608 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. 6608 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. 6608
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. 6608 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. 6608 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
As required by clause 3(e) of House Rule XIII, the changes
in existing law proposed by the reported bill follow:
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):
RULE XXIII OF THE RULES OF THE HOUSE OF REPRESENTATIVES
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. A Member, Delegate, Resident Commissioner,
officer, or employee of the House shall conduct himself
at all times in a manner that shall reflect creditably
on the House.
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8. (a) * * *
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(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 2008.
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LEGISLATIVE APPROPRIATION ACT, 1955
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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 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
2008).
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