Text: H.R.695 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 695 IH
102d Congress 
1st Session 
H. R. 695
To amend title 37, United States Code, to alleviate the loss of earnings of
a member of a reserve component of the Armed Forces who is called or ordered
to active duty in connection with operation in the Persian Gulf region.
IN THE HOUSE OF REPRESENTATIVES
January 29, 1991
Mr. SANDERS (for himself, Mr. ABERCROMBIE, Ms. WATERS, and Mr. ANDREWS of
Maine) introduced the following bill; which was referred to the Committee
on Armed Services
A BILL
To amend title 37, United States Code, to alleviate the loss of earnings of
a member of a reserve component of the Armed Forces who is called or ordered
to active duty in connection with operations in the Persian Gulf region.
  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 `Guard and Reserve Family Protection Act
  of 1991'.
SEC. 2. CIVILIAN PAY DIFFERENTIAL.
  (a) IN GENERAL- Chapter 5 of title 37, United States Code, is amended by
  inserting after section 310 the following new section:
`Sec. 311. Special Pay: alleviate loss of civilian wages by members of
reserve components on active duty
  `(a) ENTITLEMENT TO SPECIAL PAY- A member of a reserve component on active
  duty in connection with the Persian Gulf conflict is entitled to special
  pay for each month of such duty (after the first 90 days of such duty)
  in an amount determined in accordance with subsection (b) if the member--
  `(1) is entitled to military compensation at an annual rate that is less
  than $40,000; and
  `(2) receives monthly military compensation at a rate that is less than
  the monthly civilian wages of the member.
  `(b) AMOUNT OF SPECIAL PAY- The monthly amount of special pay under
  subsection (a) for a member is equal to the lesser of--
  `(1) the difference between the monthly civilian wages of the member and
  the monthly military compensation of the member;
  `(2) the difference between $3,333.33 and the monthly military compensation
  of the member.
  `(c) DEFINITIONS- In this section--
  `(1) The term `monthly civilian wages' means the greater of--
  `(A) the average monthly gross wages of a member of a reserve component
  during the 12-month period immediately preceding the date of the call or
  order to active duty of the member; and
  `(B) the gross wages of the member during the month immediately preceding
  the date of the call or order to active duty of the member.
  `(2) The term `wages' means compensation for services, including fees,
  commissions, fringe benefits, and similar items, except that such term
  does not include any item of military compensation.
  `(3) The term `military compensation' means the gross amount of regular
  compensation and other pay and allowances paid under this title to a
  member of a reserve component, except that such term does not include
  special pay under this section.
  `(4) The term `Persian Gulf conflict' means United States military activities
  conducted as a consequence of the invasion of Kuwait by Iraq on August 2,
  1990, including United States military activities conducted under the
  names Operation Desert Shield and Operation Desert Storm.
  `(d) REGULATIONS- The Secretary of Defense shall prescribe regulations
  regarding the manner by which a member of a reserve component may establish
  the monthly civilian wages of the member.'.
  (b) CLERICAL AMENDMENTS- The table of sections at the beginning of such
  chapter is amended by adding at the end the following new item:
`311. Special Pay: alleviate loss of civilian wages by members of reserve
components on active duty.'.
SEC. 3. EFFECTIVE DATE.
  Section 311 of title 37, United States Code, as added by section 2(a),
  shall take effect as of August 2, 1990, and shall apply with respect to
  pay periods beginning after that date.