[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2601 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2601

   To amend title 37, United States Code, to require the payment of 
monthly special pay for members of the uniformed services whose service 
 on active duty is extended by a stop-loss order or similar mechanism, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2004

Mr. Lautenberg introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend title 37, United States Code, to require the payment of 
monthly special pay for members of the uniformed services whose service 
 on active duty is extended by a stop-loss order or similar mechanism, 
                        and for other purposes.

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

SECTION 1. MONTHLY SPECIAL PAY FOR ACTIVE DUTY SERVICE EXTENDED BY 
              STOP-LOSS ORDERS.

    (a) In General.--(1) Chapter 5 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 327. Special pay: active duty service extended by stop-loss 
              order
    ``(a) Special Pay.--A member of the uniformed services entitled to 
basic pay whose enlistment or period of obligated service is extended, 
or whose eligibility for retirement is suspended, pursuant to the 
exercise of an authority referred to in subsection (b) is entitled 
while on active duty during the period of such extension or suspension 
to special pay in the amount specified in subsection (c).
    ``(b) Extension Authorities.--An authority referred to in this 
section is an authority for the extension of an enlistment or period of 
obligated service, or for suspension of eligibility for retirement, of 
a member of the uniformed services under a provision of law as follows:
            ``(1) Section 123 of title 10.
            ``(2) Section 12305 of title 10.
            ``(3) Any other provision of law (commonly referred to as 
        `stop-loss authority') authorizing the President to extend an 
        enlistment or period of obligated service, or suspend an 
        eligibility for retirement, of a member of the uniformed 
        services in time of war or of national emergency declared by 
        Congress or the President.
    ``(c) Monthly Amount.--The amount of special pay specified in this 
subsection is $2,000 per month.
    ``(d) Construction With Other Pays.--Special pay payable under this 
section is in addition to any other pay payable to members of the 
uniformed services by law.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``327. Special pay: active duty service extended by stop-loss order.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as of March 20, 2003.
    (c) Funding.--Amounts appropriated or otherwise made available for 
the Department of Defense for operation and maintenance for fiscal year 
2005 shall be available for the payment of special pay under section 
327 of title 37, United States Code (as added by subsection (a))--
            (1) during fiscal year 2005; and
            (2) for the period beginning on the effective date 
        specified in subsection (b) and ending on September 30, 2004.
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