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 re-
ferred 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reservists Pay Secu-
rity Act of 2006’’. 
SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL EM-
PLOYEE IS PERFORMING ACTIVE SERVICE IN 
THE UNIFORMED SERVICES OR NATIONAL 
GUARD. 
(a) IN GENERAL.—Subchapter IV of chapter 55 of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘§ 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 per-
form active duty in the uniformed services pursuant to a 
call or order to active duty under a provision of law re-
ferred to in section 101(a)(13)(B) of title 10 shall be enti-
tled, 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 oth-
erwise 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) 
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‘‘(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 em-
ployee is absent (as referred to in subsection (a)); 
and 
‘‘(B) for which such employee does not other-
wise receive basic pay (including by taking any an-
nual, military, or other paid leave) to which such 
employee is entitled by virtue of such employee’s ci-
vilian 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 provi-
sions of section 4312(d) of title 38; and 
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‘‘(B) shall include any period of time specified 
in section 4312(e) of title 38 within which an em-
ployee may report or apply for employment or reem-
ployment following completion of service on active 
duty to which called or ordered as described in sub-
section (a). 
‘‘(c) Any amount payable under this section to an em-
ployee 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 inter-
rupted. 
‘‘(d) The Office of Personnel Management shall, in 
consultation with Secretary of Defense, prescribe any reg-
ulations 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. 
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‘‘(2) The Administrator of the Federal Aviation Ad-
ministration shall, in consultation with the Office, pre-
scribe procedures to ensure that the rights under this sec-
tion apply to the employees of that agency. 
‘‘(f) For purposes of this section— 
‘‘(1) the terms ‘employee’, ‘Federal Govern-
ment’, and ‘uniformed services’ have the same re-
spective 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 chap-
ter 43 of title 38; and 
‘‘(3) the term ‘basic pay’ includes any amount 
payable under section 5304.’’. 
(b) 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.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to pay periods (as de-
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scribed 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. 
Æ 
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