[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1845 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Service to Country Reimbursement Act
of 2003''.
SEC. 2. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY
EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT
OF THE UNIFORMED SERVICES.
(a) In General.--Chapter 17 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 910. Assistance for State and local governments that continue to
pay employees who serve on active duty
``(a) Continuation of Civilian Basic Pay.--It is the purpose of
this section to encourage States and local governments to continue to
pay a portion of the civilian compensation of those employees who are
also members of a reserve component and are absent from a position of
employment with the State or local government under a call or order to
serve on active duty for a period of more than 30 days so that the
employees receive compensation in an amount that, when taken together
with their military pay, is at least equal to their civilian
compensation.
``(b) Reimbursement Offered.--At the request of a State or local
government that continues to pay all or a portion of the civilian
compensation of an employee described in subsection (a), the Secretary
concerned shall reimburse the State or local government for the
civilian compensation paid by the State or local government for each
pay period described in subsection (c), but not to exceed the
difference (if any) between--
``(1) the amount of civilian compensation that would
otherwise have been payable to the employee for such pay period
if the employee's civilian employment with the State or local
government had not been interrupted by the service on active
duty; and
``(2) the amount of military pay that is payable to the
employee for the service on active duty and is allocable to
such pay period.
``(c) Pay Periods.--Reimbursement shall be provided under this
section with respect to each pay period (which would otherwise apply if
the employee's civilian employment had not been interrupted) that
occurs--
``(1) while the employee serves on active duty for a period
of more than 30 days;
``(2) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(3) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in paragraph
(2).
``(d) Effect of Failure To Return to Employment.--(1) If an
employee described in subsection (a), with respect to whom
reimbursement is provided to a State or local government under this
section, fails to report or apply for employment or reemployment with
the State or local government by the end of the period referred to in
subsection (c)(3), the employee shall refund to the Secretary concerned
the total amount of the reimbursement provided with respect to the
employee.
``(2) Subject to paragraph (3), an obligation to refund moneys to
the United States imposed under paragraph (1) is for all purposes a
debt owed to the United States.
``(3)(A) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(B) The Secretary concerned shall waive a refund required under
paragraph (1) if the Secretary concerned determines that the failure of
the employee in question to report or apply for employment or
reemployment was due to an injury or disability of the employee that is
not the fault of the employee.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the end of the period referred to in subsection
(c)(3) does not discharge the employee from a debt arising under
paragraph (1). This paragraph applies to any case commenced under title
11 after the date of the enactment of this section.
``(e) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `civilian compensation' means the wages or
salary that an employee of a State or local government normally
receives from the employee's employment by the State or local
government.
``(2) The term `local government' means an agency or
political subdivision of a State.
``(3) The term `military pay' has the meaning given the
term `pay' in section 101(21) of this title.
``(4) The term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, and other territories
or possessions of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 37, United States Code, is amended by inserting
after the item relating to section 909 the following new item:
``910. Assistance for State and local governments that continue to pay
employees who serve on active duty.''.
(c) Application of Amendment.--Section 910 of title 37, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.
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