[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 981 Introduced in Senate (IS)]






109th CONGRESS
  1st Session
                                 S. 981

To ensure that a Federal employee who takes leave without pay in order 
 to perform service as a member of the uniformed services or member of 
 the National Guard shall continue to receive pay in an amount which, 
  when taken together with the pay and allowances such individual is 
  receiving for such service, will be no less than the basic pay such 
individual would then be receiving if no interruption in employment had 
                               occurred.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2005

  Mr. Durbin (for himself, Ms. Mikulski, Mr. Allen, Ms. Landrieu, Mr. 
   Leahy, Mr. Sarbanes, Mr. Bingaman, Mr. Lautenberg, and Mr. Kerry) 
      introduced the following bill; which was read the first time

                              May 10, 2005

Read the second time and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To ensure that a Federal employee who takes leave without pay in order 
 to perform service as a member of the uniformed services or member of 
 the National Guard shall continue to receive pay in an amount which, 
  when taken together with the pay and allowances such individual is 
  receiving for such service, will be no less than the basic pay such 
individual would then be receiving if no interruption in employment had 
                               occurred.

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

SECTION 1. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING 
              ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL 
              GUARD.

    (a) Short Title.--This Act may be cited as the ``Reservists Pay 
Security Act of 2005''.
    (b) In General.--Subchapter IV of chapter 55 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed 
              services or National Guard
    ``(a) An employee who is absent from a position of employment with 
the Federal Government in order to perform active duty in the uniformed 
services pursuant to a call or order to active duty under a provision 
of law referred to in section 101(a)(13)(B) of title 10 shall be 
entitled, while serving on active duty, to receive, for each pay period 
described in subsection (b), an amount equal to the amount by which--
            ``(1) the amount of basic pay which would otherwise have 
        been payable to such employee for such pay period if such 
        employee's civilian employment with the Government had not been 
        interrupted by that service, exceeds (if at all)
            ``(2) the amount of pay and allowances which (as determined 
        under subsection (d))--
                    ``(A) is payable to such employee for that service; 
                and
                    ``(B) is allocable to such pay period.
    ``(b)(1) Amounts under this section shall be payable with respect 
to each pay period (which would otherwise apply if the employee's 
civilian employment had not been interrupted)--
            ``(A) during which such employee is entitled to 
        reemployment rights under chapter 43 of title 38 with respect 
        to the position from which such employee is absent (as referred 
        to in subsection (a)); and
            ``(B) for which such employee does not otherwise receive 
        basic pay (including by taking any annual, military, or other 
        paid leave) to which such employee is entitled by virtue of 
        such employee's civilian employment with the Government.
    ``(2) For purposes of this section, the period during which an 
employee is entitled to reemployment rights under chapter 43 of title 
38--
            ``(A) shall be determined disregarding the provisions of 
        section 4312(d) of title 38; and
            ``(B) shall include any period of time specified in section 
        4312(e) of title 38 within which an employee may report or 
        apply for employment or reemployment following completion of 
        service on active duty to which called or ordered as described 
        in subsection (a).
    ``(c) Any amount payable under this section to an employee shall be 
paid--
            ``(1) by such employee's employing agency;
            ``(2) from the appropriation or fund which would be used to 
        pay the employee if such employee were in a pay status; and
            ``(3) to the extent practicable, at the same time and in 
        the same manner as would basic pay if such employee's civilian 
        employment had not been interrupted.
    ``(d) The Office of Personnel Management shall, in consultation 
with Secretary of Defense, prescribe any regulations necessary to carry 
out the preceding provisions of this section.
    ``(e)(1) The head of each agency referred to in section 
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe 
procedures to ensure that the rights under this section apply to the 
employees of such agency.
    ``(2) The Administrator of the Federal Aviation Administration 
shall, in consultation with the Office, prescribe procedures to ensure 
that the rights under this section apply to the employees of that 
agency.
    ``(f) For purposes of this section--
            ``(1) the terms `employee', `Federal Government', and 
        `uniformed services' have the same respective meanings as given 
        them in section 4303 of title 38;
            ``(2) the term `employing agency', as used with respect to 
        an employee entitled to any payments under this section, means 
        the agency or other entity of the Government (including an 
        agency referred to in section 2302(a)(2)(C)(ii)) with respect 
        to which such employee has reemployment rights under chapter 43 
        of title 38; and
            ``(3) the term `basic pay' includes any amount payable 
        under section 5304.''.
    (c) Clerical Amendment.--The table of sections for chapter 55 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
                            National Guard.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply with respect to pay periods (as described in section 
        5538(b) of title 5, United States Code, as amended by this 
        section) beginning on or after the date of enactment of this 
        Act.
            (2) Conditional retroactive application.--
                    (A) In general.--The amendments made by this 
                section shall apply with respect to pay periods (as 
                described in section 5538(b) of title 5, United States 
                Code, as amended by this section) beginning on or after 
                October 11, 2002 through the date of enactment of this 
                Act, subject to the availability of appropriations.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated $125,000,000 for purposes 
                of subparagraph (A).
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