406 
‘‘§ 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) 
‘‘(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 
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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 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 
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408 
‘‘(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 those terms 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 
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409 
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) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 55 of title 5, United 
States Code, is amended by inserting after the item relat-
ing 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 the date 
of enactment of this Act. 
SEC. 752. Not later than 120 days after enactment 
of this Act, each executive department and agency shall 
submit to the Director of the Office of Management and 
Budget a report stating the total size of its workforce, dif-
ferentiated by number of civilian, military, and contract 
workers as of December 31, 2008. Not later than 180 days 
after enactment of this Act, the Director of the Office of 
Management and Budget shall submit to the Committee 
a comprehensive statement delineating the workforce data 
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