II 

108TH CONGRESS 

1ST SESSION S. 1845

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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 11, 2003

Mrs. BOXER 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 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.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Service to Country Re5 imbursement Act of 2003’’. 
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1 SEC. 2. ASSISTANCE FOR STATE AND LOCAL GOVERN2 MENTS THAT CONTINUE TO PAY EMPLOYEES 

3 WHO SERVE ON ACTIVE DUTY IN A RESERVE 

4 COMPONENT OF THE UNIFORMED SERVICES. 

5 (a) IN GENERAL.—Chapter 17 of title 37, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 910. Assistance for State and local governments 

9 that continue to pay employees who 

10 serve on active duty 

11 ‘‘(a) CONTINUATION OF CIVILIAN BASIC PAY.—It is 

12 the purpose of this section to encourage States and local 

13 governments to continue to pay a portion of the civilian 

14 compensation of those employees who are also members 

15 of a reserve component and are absent from a position 

16 of employment with the State or local government under 

17 a call or order to serve on active duty for a period of more 

18 than 30 days so that the employees receive compensation 

19 in an amount that, when taken together with their military 

20 pay, is at least equal to their civilian compensation. 

21 ‘‘(b) REIMBURSEMENT OFFERED.—At the request of 

22 a State or local government that continues to pay all or 

23 a portion of the civilian compensation of an employee de24 scribed in subsection (a), the Secretary concerned shall re25 imburse the State or local government for the civilian com26 pensation paid by the State or local government for each 
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1 pay period described in subsection (c), but not to exceed 

2 the difference (if any) between—

3 ‘‘(1) the amount of civilian compensation that 

4 would otherwise have been payable to the employee 

5 for such pay period if the employee’s civilian employ6 ment with the State or local government had not 

7 been interrupted by the service on active duty; and 

8 ‘‘(2) the amount of military pay that is payable 

9 to the employee for the service on active duty and 

10 is allocable to such pay period. 

11 ‘‘(c) PAY PERIODS.—Reimbursement shall be pro12 vided under this section with respect to each pay period 

13 (which would otherwise apply if the employee’s civilian em14 ployment had not been interrupted) that occurs—

15 ‘‘(1) while the employee serves on active duty 

16 for a period of more than 30 days; 

17 ‘‘(2) while the employee is hospitalized for, or 

18 convalescing from, an illness or injury incurred in, 

19 or aggravated during, the performance of such active 

20 duty; or 

21 ‘‘(3) during the 14-day period beginning at the 

22 end of such active duty or the end of the period re23 ferred to in paragraph (2). 

24 ‘‘(d) EFFECT OF FAILURE TO RETURN TO EMPLOY25 MENT.—(1) If an employee described in subsection (a), 
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1 with respect to whom reimbursement is provided to a 

2 State or local government under this section, fails to re3 port or apply for employment or reemployment with the 

4 State or local government by the end of the period referred 

5 to in subsection (c)(3), the employee shall refund to the 

6 Secretary concerned the total amount of the reimburse7 ment provided with respect to the employee. 

8 ‘‘(2) Subject to paragraph (3), an obligation to re9 fund moneys to the United States imposed under para10 graph (1) is for all purposes a debt owed to the United 

11 States. 

12 ‘‘(3)(A) The Secretary concerned may waive, in whole 

13 or in part, a refund required under paragraph (1) if the 

14 Secretary concerned determines that recovery would be 

15 against equity and good conscience or would be contrary 

16 to the best interests of the United States. 

17 ‘‘(B) The Secretary concerned shall waive a refund 

18 required under paragraph (1) if the Secretary concerned 

19 determines that the failure of the employee in question 

20 to report or apply for employment or reemployment was 

21 due to an injury or disability of the employee that is not 

22 the fault of the employee. 

23 ‘‘(4) A discharge in bankruptcy under title 11 that 

24 is entered less than five years after the end of the period 

25 referred to in subsection (c)(3) does not discharge the em-
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1 ployee from a debt arising under paragraph (1). This 

2 paragraph applies to any case commenced under title 11 

3 after the date of the enactment of this section. 

4 ‘‘(e) REGULATIONS.—The Secretaries concerned shall 

5 prescribe regulations to carry out this section. 

6 ‘‘(f) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘civilian compensation’ means 

8 the wages or salary that an employee of a State or 

9 local government normally receives from the employ10 ee’s employment by the State or local government. 

11 ‘‘(2) The term ‘local government’ means an 

12 agency or political subdivision of a State. 

13 ‘‘(3) The term ‘military pay’ has the meaning 

14 given the term ‘pay’ in section 101(21) of this title. 

15 ‘‘(4) The term ‘State’ means each of the several 

16 States of the United States, the District of Colum17 bia, the Commonwealth of Puerto Rico, Guam, the 

18 Virgin Islands, and other territories or possessions 

19 of the United States.’’. 

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

21 at the beginning of chapter 17 of title 37, United States 

22 Code, is amended by inserting after the item relating to 

23 section 909 the following new item:

‘‘910. Assistance for State and local governments that continue to pay employees who serve on active duty.’’.
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1 (c) APPLICATION OF AMENDMENT.—Section 910 of 

2 title 37, United States Code, as added by subsection (a), 

3 shall apply with respect to pay periods (as described in 

4 subsection (b) of such section) beginning on or after the 

5 date of the enactment of this Act.

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