IIB 111th CONGRESS 1st Session H. R. 1679 IN THE SENATE OF THE UNITED STATES April 23, 2009 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT 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.

1.

Short Title

This Act may be cited as the House Reservists Pay Adjustment Act of 2009.

2.

Replacement of Lost Income for House employees on active duty under involuntary mobilization order

(a)

Payment

(1)

In general

For each active duty month of an eligible employee of the House of Representatives who is also a member of a reserve component of the armed forces, the Chief Administrative Officer of the House of Representatives shall pay to the employee the amount by which— (A)the amount of regular compensation the employee would have received from the House of Representatives if the month had not been an active duty month, exceeds (if at all) (B)the total monthly military compensation paid to the employee for the month by the Secretary of Defense. (2)

Eligibility

An employee of the House of Representatives is eligible for purposes of paragraph (1) with respect to an active duty month if the employee was an employee of the House of Representatives during each day of the 90-day period which ends on the day on which the employee reports for active duty under an involuntary mobilization order. (b)

Determination of compensation employee would have received

(1)

In general

For purposes of subsection (a)(1), the amount of regular compensation an employee would have received from the House of Representatives for a month shall be equal to the amount of compensation the employee received from the House of Representatives for the base month (excluding any bonus or incentive payment made during the month), increased (in a compound manner) by any cost-of-living adjustments applicable to the compensation of employees of the Office of the Chief Administrative Officer for months occurring after the base month. (2)

Base month defined

For purposes of paragraph (1), the term base month means, with respect to an employee, the most recent month for which the employee received compensation from the House of Representatives which precedes the active duty month. (c)

Special Rules Regarding Amount of Payment

(1)

Reduction for Amounts Paid From Other Sources as Replacement of Lost Income

The Chief Administrative Officer shall reduce the amount of any payment made to any individual under subsection (a) with respect to an active duty month by the amount of any payment received by the individual under section 910 of title 37, United States Code, or any other source that is provided to replace income lost by the individual during the month. (2)

Minimum amount required for payment

The Chief Administrative Officer shall not make a payment otherwise required under this section if the amount of the payment (as determined under subsection (a), taking into account the reduction made under paragraph (1)) is not greater than $50. (d)

Definitions

In this section— (1)the term active duty month means, with respect to an employee of the House of Representatives who is also a member of a reserve component of the armed forces, any month during which the employee is not able to perform duties for the office of the employee’s employing authority because the employee is on active duty under an involuntary mobilization order for a period of more than 30 days; (2)the terms armed forces, active duty for a period of more than 30 days, and reserve component have the meaning given such terms in section 101 of title 37, United States Code; and (3)the term total monthly military compensation has the meaning given such term in section 910(e)(2) of title 37, United States Code. (e)

Authorization of Appropriations

There are authorized to be appropriated from the applicable accounts of the House of Representatives such sums as may be necessary for payments under this section. (f)

Effective Date

This section shall apply with respect to active duty months beginning on or after the date of the enactment of this Act.

3.

Ensuring Consistency With Code of Official Conduct

Clause 8 of rule XXIII of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (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. .

4.

Clarification of Eligibility of Survivors for House Gratuity

The last undesignated paragraph under the center heading House of Representatives and the center subheading Contingent Expenses of the House in the first section of the Legislative Branch Appropriation Act, 1955 (2 U.S.C. 125), is amended by adding at the end the following: 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). .

Passed the House of Representatives April 22, 2009. Lorraine C. Miller, Clerk.