49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–449 

AUTHORITY TO INCLUDE JUDICIAL BRANCH EMPLOYEES 

IN FEDERAL LEAVE TRANSFER PROGRAM FOR DISASTERS AND EMERGENCIES 

MAY 2, 2006.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. TOM DAVIS of Virginia, from the Committee on Government 

Reform, submitted the following 

R E P O R T 

[To accompany S. 1736] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Government Reform, to whom was referred 

the bill (S. 1736) to provide for the participation of employees in 

the judicial branch in the Federal leave transfer program for disasters and emergencies, having considered the same, report favorably 

thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Committee Statement and Views ........................................................................... 2 

Section-by-Section .................................................................................................... 2 

Explanation of Amendments ................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Rollcall Votes ............................................................................................................ 2 

Application of Law to the Legislative Branch ....................................................... 3 

Statement of Oversight Findings and Recommendations of the Committee ...... 3 

Statement of General Performance Goals and Objectives .................................... 3 

Constitutional Authority Statement ...................................................................... 3 

Federal Advisory Committee Act ............................................................................ 3 

Unfunded Mandate Statement ............................................................................... 3 

Committee Estimate ................................................................................................ 3 

Budget Authority and Congressional Budget Office Cost Estimate .................... 4 

Changes in Existing Law Made by the Bill as Reported ...................................... 5 


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COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

The purpose of S. 1736 is to provide for the participation of judicial branch employees in the emergency leave transfer program for 

major disasters and emergencies. The legislation requires the Office of Personnel Management, after consultation with the Administrative Office of the U.S. Courts, to allow federal judicial branch 

employees to participate in an emergency leave transfer program 

for disasters and emergencies. 

BACKGROUND AND NEED FOR LEGISLATION

Under existing law, in the event of a major disaster or emergency, as declared by the President, that results in severe adverse 

effects for a substantial number of employees, the President may 

direct the Office of Personnel Management to establish an emergency leave transfer program under which any employee in any 

agency may donate unused annual leave for transfer to employees 

of the same or other agencies who are adversely affected by such 

disaster or emergency. 

In response to Hurricane Katrina, the Judicial Conference of the 

United States requested legislative authority to provide the judicial 

branch with the same flexibility and authority available to the executive branch. 

S. 1736 would require the Office of Personnel Management, after 

consultation with the Administrative Office of the U.S. Courts, to 

allow federal judicial branch employees to participate in an emergency leave transfer program for disasters and emergencies. 

SECTION-BY-SECTION

S. 1736 would amend 5 U.S.C. 6391, United States Code, by redesignating subsection (f) as subsection (g) and inserting the following new subsection (f): 

‘‘(f) After consultation with the Administrative Office of 

the United States Courts, the Office of Personnel Management shall provide for the participation of employees in 

the judicial branch in any emergency leave transfer program under this section.’’

EXPLANATION OF AMENDMENTS

There were no amendments offered. 

COMMITTEE CONSIDERATION

On Thursday, March 9, 2006, the Committee met in open session 

and ordered reported favorably the bill, S. 1736, as amended, by 

voice vote, a quorum being present. 

ROLLCALL VOTES

No roll call votes were held. 


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APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill authorizes employees of 

the judicial branch to participate in emergency leave transfer programs. Legislative branch employees and their families, to the extent that they are otherwise eligible for the benefits provided by 

this legislation, have equal access to its benefits. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress to enact the law proposed 

by H.R. 4975. Article I, Section 8, Clause 18 of the Constitution of 

the United States grants the Congress the power to enact this law. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement whether the provisions of the reported bill include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

4975. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 


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BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

H.R. 4975 from the Director of Congressional Budget Office: 

S. 1736—An act to provide for the participation of employees in the 

judicial branch in the federal leave program for disasters and 

emergencies 

S. 1736 would provide for the participation of employees of the 

judicial branch in the federal emergency leave transfer program. 

CBO estimates that the legislation would have no significant budgetary impact. Enacting S. 1736 would not affect direct spending or 

revenues. The Legislation contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform 

Act and would not affect the budgets of state, local, or tribal governments. 

Under current law, judicial branch employees are allowed to donate annual leave through a leave bank to co-workers who have exhausted their annual and sick leave as a result of a personal or 

family medical emergency. Any unused donated annual leave is returned to the leave bank. Emergency leave transfer programs within the executive branch also allow employees to donate annual 

leave to be transferred to employees of their own agency or other 

agencies in the event of a major disaster or emergency declared by 

the President. However, unlike the leave bank program, any unused annual leave donated to the emergency leave transfer program is returned to the donor. 

S. 1736 would provide the judicial branch with the same emergency leave transfer authority as the executive branch. The cost of 

expanding this authority to the judicial branch would depend upon 

the number of times a major disaster or emergency occurs that results in a Presidential request for a special leave program and 

whether the leave donated would have been donated under current 

law. 

Since 1997, emergency leave transfer authority has been used for 

the executive branch three times. It was used after the African Embassy bombings in 1998, the terrorist attacks of September 11, 

2001, and in the aftermath of Hurricane Katrina in 2005. Most of 

the leave donations after the first two events were returned to 

their donors. 

According to the administrative Office of the United States 

Courts, there are now about 200 displaced judicial branch employees currently on paid administrative leave since hurricane Katrina 

struck. Most of these employees are based at the federal courthouse 

facility in New Orleans, which is open with limited court operations. CBO expects that any annual leave donations made under 

S. 1736 would mostly be annual leave that would otherwise be donated for medical emergencies. Thus, we expect that enacting S. 

1736 would not have a significant cost. 


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On September 30, 2005, CBO transmitted a cost estimate for S. 

1736, as ordered reported by the Senate Committee on Homeland 

Security and Governmental Affairs on September 22, 2005. The 

two pieces of legislation are identical and the cost estimates are the 

same. 

The CBO staff contacts for this estimate are Matthew Pickford 

and Gregory Waring. This estimate was approved by Peter H. 

Fontaine, Deputy Assistant Director for Budget Analysis. 

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 (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

Subpart E—Attendance and Leave 

* * * * * * * 

CHAPTER 63—LEAVE 

* * * * * * * 

SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND 

EMERGENCIES 

* * * * * * * 

§ 6391. Authority for leave transfer program in disasters and 

emergencies 

(a) * * * 

* * * * * * * 

(f) After consultation with the Administrative Office of the United 

States Courts, the Office of Personnel Management shall provide for 

the participation of employees in the judicial branch in any emergency leave transfer program under this section. 

ø(f)¿ (g) The Office shall prescribe regulations necessary for the 

administration of this section. 

* * * * * * * 

Æ 


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