I 
108TH CONGRESS 
1ST SESSION 
H. R. 217
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 shall continue 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 then be receiving if no interruption in employment 
had occurred. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2003
Mr. WEXLER introduced the following bill; which was referred to the 
Committee on Government Reform 
A BILL 
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 
shall continue to receive pay in an amount which, when 
taken together with the pay and allowances such indi-
vidual is receiving for such service, will be no less than 
the basic pay such individual would then be receiving 
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,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reservists Pay Secu-
rity Act of 2003’’. 
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 service in the uniformed services or the National 
Guard shall be entitled to receive, for each pay period de-
scribed 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 
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-
‘‘(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 the date 
of the enactment of this Act.
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