I 

109TH CONGRESS 

2D SESSION H. R. 5525 

To amend title 5, United States Code, 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 continues 

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 receive as a Federal 

employee if no interruption in employment had occurred. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2006 

Mr. LANTOS (for himself, Mr. TOM DAVIS of Virginia, Mr. MCGOVERN, Mr. 

SHAYS, and Mr. GRAVES) introduced the following bill; which was referred to the Committee on Government Reform 

A BILL 

To amend title 5, United States Code, 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 continues 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 receive as a Federal employee if no interruption 

in employment had occurred. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Reservists Pay Secu3 rity Act of 2006’’. 

4 SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL EM5 PLOYEE IS PERFORMING ACTIVE SERVICE IN 

6 THE UNIFORMED SERVICES OR NATIONAL 

7 GUARD. 

8 (a) IN GENERAL.—Subchapter IV of chapter 55 of 

9 title 5, United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘§ 5538. Nonreduction in pay while serving in the 

12 uniformed services or National Guard 

13 ‘‘(a) An employee who is absent from a position of 

14 employment with the Federal Government in order to per15 form active duty in the uniformed services pursuant to a 

16 call or order to active duty under a provision of law re17 ferred to in section 101(a)(13)(B) of title 10 shall be enti18 tled, while serving on active duty, to receive, for each pay 

19 period described in subsection (b), an amount equal to the 

20 amount by which— 

21 ‘‘(1) the amount of basic pay which would oth22 erwise have been payable to such employee for such 

23 pay period if such employee’s civilian employment 

24 with the Government had not been interrupted by 

25 that service, exceeds (if at all) 


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1 ‘‘(2) the amount of pay and allowances which 

2 (as determined under subsection (d))— 

3 ‘‘(A) is payable to such employee for that 

4 service; and 

5 ‘‘(B) is allocable to such pay period. 

6 ‘‘(b)(1) Amounts under this section shall be payable 

7 with respect to each pay period (which would otherwise 

8 apply if the employee’s civilian employment had not been 

9 interrupted)— 

10 ‘‘(A) during which such employee is entitled to 

11 reemployment rights under chapter 43 of title 38 

12 with respect to the position from which such em13 ployee is absent (as referred to in subsection (a)); 

14 and 

15 ‘‘(B) for which such employee does not other16 wise receive basic pay (including by taking any an17 nual, military, or other paid leave) to which such 

18 employee is entitled by virtue of such employee’s ci19 vilian employment with the Government. 

20 ‘‘(2) For purposes of this section, the period during 

21 which an employee is entitled to reemployment rights 

22 under chapter 43 of title 38— 

23 ‘‘(A) shall be determined disregarding the provi24 sions of section 4312(d) of title 38; and 


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1 ‘‘(B) shall include any period of time specified 

2 in section 4312(e) of title 38 within which an em3 ployee may report or apply for employment or reem4 ployment following completion of service on active 

5 duty to which called or ordered as described in sub6 section (a). 

7 ‘‘(c) Any amount payable under this section to an em8 ployee shall be paid— 

9 ‘‘(1) by such employee’s employing agency; 

10 ‘‘(2) from the appropriation or fund which 

11 would be used to pay the employee if such employee 

12 were in a pay status; and 

13 ‘‘(3) to the extent practicable, at the same time 

14 and in the same manner as would basic pay if such 

15 employee’s civilian employment had not been inter16 rupted. 

17 ‘‘(d) The Office of Personnel Management shall, in 

18 consultation with Secretary of Defense, prescribe any reg19 ulations necessary to carry out the preceding provisions 

20 of this section. 

21 ‘‘(e)(1) The head of each agency referred to in section 

22 2302(a)(2)(C)(ii) shall, in consultation with the Office, 

23 prescribe procedures to ensure that the rights under this 

24 section apply to the employees of such agency. 


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1 ‘‘(2) The Administrator of the Federal Aviation Ad2 ministration shall, in consultation with the Office, pre3 scribe procedures to ensure that the rights under this sec4 tion apply to the employees of that agency. 

5 ‘‘(f) For purposes of this section— 

6 ‘‘(1) the terms ‘employee’, ‘Federal Govern7 ment’, and ‘uniformed services’ have the same re8 spective meanings as given them in section 4303 of 

9 title 38; 

10 ‘‘(2) the term ‘employing agency’, as used with 

11 respect to an employee entitled to any payments 

12 under this section, means the agency or other entity 

13 of the Government (including an agency referred to 

14 in section 2302(a)(2)(C)(ii)) with respect to which 

15 such employee has reemployment rights under chap16 ter 43 of title 38; and 

17 ‘‘(3) the term ‘basic pay’ includes any amount 

18 payable under section 5304.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 for chapter 55 of title 5, United States Code, is amended 

21 by inserting after the item relating to section 5537 the 

22 following: 

‘‘5538. Nonreduction in pay while serving in the uniformed services or National 

Guard.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply with respect to pay periods (as deVerDate Aug 31 2005 05:30 Jun 09, 2006 Jkt 049196 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5525.IH H5525

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1 scribed in section 5538(b) of title 5, United States Code, 

2 as amended by this section) beginning on or after the date 

3 of enactment of this Act. 

Æ 


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