[Congressional Record Volume 155, Number 59 (Wednesday, April 22, 2009)]
[House]
[Pages H4595-H4597]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              HOUSE RESERVISTS PAY ADJUSTMENT ACT OF 2009

  Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules 
and pass 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1679

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

     SEC. 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

[[Page H4596]]

     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.

     SEC. 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.''.

     SEC. 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).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Brady) and the gentleman from California (Mr. 
McCarthy) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. BRADY of Pennsylvania. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and to include extraneous matter on this bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. BRADY of Pennsylvania. I yield myself as much time as I may 
consume.
  Mr. Speaker, H.R. 1679 will replace lost income for military 
reservists working for the House of Representatives when they are 
activated for more than 30 days. I introduced this bill after 
discussion with several House employees who also serve as members of 
armed services. When they are called up, these men and women must leave 
their homes, families and jobs, often for an undetermined and 
unpredictable amount of time.
  While on active duty, men and women earn the wages of full-time 
servicemen and forfeit their regular salary. Many leading companies 
have helped families survive during this troubling time by paying the 
difference between their usual salary and their active-duty pay.
  This bill would do the same thing for House employees. It requires 
the CAO to provide that supplement for House employees when they are 
activated involuntarily. This is a good bill that honors the devoted 
public service of House employees who not only serve as stewards of the 
democracy at home but as her defender abroad.
  I thank the ranking member, Mr. Lungren, Mr. McCarthy and now Mr. 
Harper for working with us on this legislation. I urge all Members to 
support it.
  I reserve the balance of my time.

         House of Representatives, Committee on Standards of 
           Official Conduct,
                                   Washington, DC, April 21, 2009.
     Hon. Robert A. Brady,
     Chairman, Committee on House Administration, House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.
       Dear Chairman Brady: We write to you regarding H.R. 1679, 
     the ``House Reservists Pay Adjustment Act of 2009.''
       H.R. 1679 contains provisions that fall within the 
     jurisdiction of the Committee on Standards of Official 
     Conduct. Specifically, Clause 8 of House Rule XXIII (the Code 
     of Official Conduct), is amended to provide a new paragraph 
     ``(d)'', providing that ``[n]othing 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.'' We write to confirm the mutual 
     understanding of the Committee on House Administration and 
     the Committee on Standards of Official Conduct that this 
     provision does not waive, reduce, or otherwise affect the 
     jurisdiction of the Committee on Standards of Official 
     Conduct to exercise its jurisdiction in this area in the 
     future.
       We recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner and, 
     accordingly, we do not plan to act on this bill prior to its 
     consideration on the Floor. However, we agree to waive 
     consideration of this bill with the mutual understanding that 
     our decision to forgo action on the bill does not waive, 
     reduce, or otherwise affect the jurisdiction of the Committee 
     on Standards of Official Conduct over certain provisions in 
     H.R. 1679.
       Please place a copy of this letter and your response 
     acknowledging the Committee on Standards of Official 
     Conduct's jurisdictional interest in the Congressional Record 
     during consideration of the measure on the House Floor.
       We look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
     Zoe Lofgren,
       Chair.
     Jo Bonner,
       Ranking Republican Member.
                                  ____
                                  
                                         House of Representatives,


                            Committee on House Administration,

                                   Washington, DC, April 21, 2009.
     Hon. Zoe Lofgren,
     Chair, Committee on Standards of Official Conduct, House of 
         Representatives, The Capitol, Washington, DC.
     Hon. Jo Bonner,
     Ranking Republican Member, Committee on Standards of Official 
         Conduct, House of Representatives, The Capitol, 
         Washington, DC.
       Dear Chair Lofgren and Ranking Republican Member Bonner: 
     Thank you for your April 21, 2009, letter regarding H.R. 
     1679, the ``House Reservists Pay Adjustment Act of 2009''.
       I agree that certain provisions in H.R. 1679 are within the 
     jurisdiction of the Committee on Standards of Official 
     Conduct. I appreciate your willingness to waive rights to 
     further consideration of H.R. 1679, and I acknowledge that 
     through this waiver your Committee is not relinquishing its 
     jurisdiction over the relevant provisions of H.R. 1679. 
     Specifically, I confirm our mutual understanding that Floor 
     consideration of H.R. 1679 does not waive, reduce, or 
     otherwise affect the jurisdiction of the Committee on 
     Standards of Official Conduct to exercise its jurisdiction in 
     this area in the future.
       This exchange of letters will be placed in the 
     Congressional Record as part of the consideration of H.R. 
     1679 in the House. Thank you for the cooperative spirit in 
     which you have interacted with the Committee regarding this 
     matter. I look forward to working with you as we prepare to 
     pass this important legislation.
           Sincerely,
                                                  Robert A. Brady,
                                                         Chairman.

  Mr. McCARTHY of California. Mr. Speaker, I yield myself as much time 
as I may consume.
  As a member of the House Administration Committee, I am pleased to 
support H.R. 1679, the House Reservists Pay Adjustment Act of 2009.
  I congratulate Chairman Brady for his leadership in introducing this 
bill, and I am pleased to support any measure that will alleviate some 
of the financial burden placed upon our military families.
  The men and women of the United States Armed Forces, both Active Duty

[[Page H4597]]

and Reservists, make many sacrifices to protect our freedom. When 
called to active duty, Reservists are asked to spend time away from 
home, to selfishly put themselves in harm's way and, in many cases, to 
accept a salary that is less than what they would normally earn in 
civilian life.
  The gap in pay experienced by these servicemen and -women often 
causes undue hardship to them and their families and increases the 
already heavy burden placed upon them as they leave for battle. I am 
pleased that this legislation will empower the House of Representatives 
to do its part to eliminate the financial hardship for those brave 
employees and their families.
  I urge my colleagues to join me in supporting H.R. 1679.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 1679, the ``House Reservists Pay Adjustment Act of 2009''. I 
would like to thank my colleague Robert Brady for introducing this 
legislation. H.R 1679 moves to require that the Chief Administrative 
Officer of the House of Representatives to pay an eligible House 
employee, who is also a member of a Reserve component of the Armed 
Forces, for each active duty month, the amount by which the employee's 
regular compensation from the House would have exceeded the total 
monthly military compensation paid to the employee for the active duty 
month by the Secretary of Defense.
  The men and women in our Nation's reserve program are vital in our 
country's greatest time of need. They serve as military personnel, 
taking the time to stay trained and ready to serve this country at 
anytime when we as Congress vote to send them into combat. Their entire 
lives are put on hold, and families left behind to pick up the workload 
when a member is selected for active duty. They also hold civilian jobs 
like the employees covered under H.R. 1679, those employed by the House 
of Representatives. This commitment that they make to our country is 
much greater than the commitment we make today. In passing this 
legislation we can guarantee that the payment made to these soldiers by 
the House is the same when these employees are working as civilians or 
when they are called to active duty. As they watch a family member 
leave for service and questions of who will do the household duties 
that they usually perform. The worst thing we as Congress could do is 
ask them to take a pay cut.
  Mr. Speaker, I urge my colleagues to support H.R. 1679, the ``House 
Reservists Pay Adjustment Act of 2009''. To require that the Chief 
Administrative Officer of the House pay House employees, who are also 
Reservists of the Armed Forces, for each active duty month the amount 
by which the employee's regular compensation from the House would have 
exceeded the total monthly military compensation.
  Mr. McCARTHY of California. I yield back the balance of my time.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I urge an ``aye'' vote, and I 
yield back the balance of time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Brady) that the House suspend the 
rules and pass the bill, H.R. 1679.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BRADY of Pennsylvania. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________