[Congressional Record Volume 149, Number 163 (Tuesday, November 11, 2003)]
[Senate]
[Pages S14452-S14453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mrs. BOXER:
S. 1845. A bill to amend title 37, United States Code, to provide
financial assistance to State and local governments that continue to
pay employees who serve on active duty in a reserve component of the
uniformed services; to the Committee on Armed Services.
Mrs. BOXER. Mr. President, today is Veterans Day--a day to honor the
service of those brave men and women who have fought for and defended
our country.
This Veterans Day has special meaning as 130,000 Americans are
serving in Iraq, and many in this country have lost loved ones in Iraq
in the past year.
Americans can be proud of the soldiers, sailors, airmen, and marines
who are serving today. They are continuing to show the courage,
dignity, and bravery with which our veterans, who we honor today, have
served in the past.
That rich tradition includes those Americans who serve in the Guard
and Reserves. In the 12 years since the first war in Iraq, more than
525,000 members of the Guard and Reserves have been mobilized--more
than twice the number that were mobilized in the previous 36 years.
[[Page S14453]]
When they are called up to active duty, they leave their civilian
jobs--and their civilian salaries--behind. Most take a pay cut--and are
glad to do so to serve our country. But when that active duty service
becomes an extended tour of duty, the financial strain on the families
left behind can be enormous.
To close this pay gap, some State and local governments make up the
different between military and civilian pay for their employees who
have been activated. Unfortunately, with strains on State and local
budgets across the country--as well as the increased demand for more
police and firefighters to help fight terrorism and enhance our
homeland security--such payments to our Guards and Reservists are a
financially difficult option--or not an option at all--for most State
and local governments.
That is why I am today introducing the Service to the Country
Reimbursement Act. Under my bill, the Federal Government would
reimburse State and local governments for the costs of paying the
different between the civilian salary and the military pay of a Guard
or Reserves member who is activated for more than 30 days.
This legislation will encourage State and local governments to make
those payments in order to keep the families financially whole,
ensuring that the families of those who serve our country in the Guards
and Reserves will not be financially penalized because of the service
being made to our country.
I encourage my colleagues to join me in this effort. And I ask
unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1845
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 ``Service to Country
Reimbursement Act of 2003''.
SEC. 2. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT
CONTINUE TO PAY EMPLOYEES WHO SERVE ON ACTIVE
DUTY IN A RESERVE COMPONENT OF THE UNIFORMED
SERVICES.
(a) In General.--Chapter 17 of title 37, United States
Code, is amended by adding at the end the following new
section:
``Sec. 910. Assistance for State and local governments that
continue to pay employees who serve on active duty
``(a) Continuation of Civilian Basic Pay.--It is the
purpose of this section to encourage States and local
governments to continue to pay a portion of the civilian
compensation of those employees who are also members of a
reserve component and are absent from a position of
employment with the State or local government under a call or
order to serve on active duty for a period of more than 30
days so that the employees receive compensation in an amount
that, when taken together with their military pay, is at
least equal to their civilian compensation.
``(b) Reimbursement Offered.--At the request of a State or
local government that continues to pay all or a portion of
the civilian compensation of an employee described in
subsection (a), the Secretary concerned shall reimburse the
State or local government for the civilian compensation paid
by the State or local government for each pay period
described in subsection (c), but not to exceed the difference
(if any) between--
``(1) the amount of civilian compensation that would
otherwise have been payable to the employee for such pay
period if the employee's civilian employment with the State
or local government had not been interrupted by the service
on active duty; and
``(2) the amount of military pay that is payable to the
employee for the service on active duty and is allocable to
such pay period.
``(c) Pay Periods.--Reimbursement shall be provided under
this section with respect to each pay period (which would
otherwise apply if the employee's civilian employment had not
been interrupted) that occurs--
``(1) while the employee serves on active duty for a period
of more than 30 days;
``(2) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(3) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in paragraph
(2).
``(d) Effect of Failure to Return to Employment.--(1) If an
employee described in subsection (a), with respect to whom
reimbursement is provided to a State or local government
under this section, fails to report or apply for employment
or reemployment with the State or local government by the end
of the period referred to in subsection (c)(3), the employee
shall refund to the Secretary concerned the total amount of
the reimbursement provided with respect to the employee.
``(2) Subject to paragraph (3), an obligation to refund
moneys to the United States imposed under paragraph (1) is
for all purposes a debt owed to the United States.
``(3)(A) The Secretary concerned may waive, in whole or in
part, a refund required under paragraph (1) if the Secretary
concerned determines that recovery would be against equity
and good conscience or would be contrary to the best
interests of the United States.
``(B) The Secretary concerned shall waive a refund required
under paragraph (1) if the Secretary concerned determines
that the failure of the employee in question to report or
apply for employment or reemployment was due to an injury or
disability of the employee that is not the fault of the
employee.
``(4) A discharge in bankruptcy under title 11 that is
entered less than five years after the end of the period
referred to in subsection (c)(3) does not discharge the
employee from a debt arising under paragraph (1). This
paragraph applies to any case commenced under title 11 after
the date of the enactment of this section.
``(e) Regulations.--The Secretaries concerned shall
prescribe regulations to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `civilian compensation' means the wages or
salary that an employee of a State or local government
normally receives from the employee's employment by the State
or local government.
``(2) The term `local government' means an agency or
political subdivision of a State.
``(3) The term `military pay' has the meaning given the
term `pay' in section 101(21) of this title.
``(4) The term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, and other
territories or possessions of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 17 of title 37, United States Code, is
amended by inserting after the item relating to section 909
the following new item:
``910. Assistance for State and local governments that continue to pay
employees who serve on active duty.''.
(c) Application of Amendment.--Section 910 of title 37,
United States Code, as added by subsection (a), shall apply
with respect to pay periods (as described in subsection (b)
of such section) beginning on or after the date of the
enactment of this Act.
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