[House Report 109-449]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-449
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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
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.
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.
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.
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
* * * * * * *
Sec. 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.
[(f)] (g) The Office shall prescribe regulations necessary
for the administration of this section.
* * * * * * *