‘‘(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
‘‘(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 in the uni-
formed services or National Guard.
‘‘(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.
‘‘(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 ‘service in the uniformed services’
has the meaning given that term in section 4303 of
title 38 and includes duty performed by a member
of the National Guard under section 502(f) of title
32 at the direction of the Secretary of the Army or
Secretary of the Air Force;
‘‘(3) 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
‘‘(4) 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-
scribed in section 5538(b) of title 5, United States Code,
as amended by this section) beginning on or after Sep-
tember 11, 2001.
Æ