79–006 

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 


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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. 


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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. 


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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. 


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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 

* * * * * * * 

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. 

* * * * * * * 

LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1955 

* * * * * * * 


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TITLE I—LEGISLATIVE BRANCH 

* * * * * * * 

HOUSE OF REPRESENTATIVES 

* * * * * * * 

CONTINGENT EXPENSES OF THE HOUSE

* * * * * * * 

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). 

* * * * * * * 

Æ 


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