[Congressional Record Volume 169, Number 187 (Monday, November 13, 2023)]
[Extensions of Remarks]
[Pages E1093-E1094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF THE DISTRICT OF COLUMBIA NATIONAL GUARD FEDERAL 
                      EMPLOYEE LEAVE FAIRNESS ACT

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Monday, November 13, 2023

  Ms. NORTON. Mr. Speaker, today, I introduce the District of Columbia 
National Guard Federal Employee Leave Fairness Act, which would 
prohibit the Department of Defense (DOD) from recouping pay from 
District of Columbia National Guard (DCNG) members who

[[Page E1094]]

are federal civilian employees or District of Columbia employees and 
took encampment leave. The DOD claims these employees were not entitled 
to encampment leave without a loss of pay. While I disagree with the 
DOD's interpretation, I am introducing this bill to resolve this 
matter.
  Congress partially addressed this matter in the National Defense 
Authorization Act for Fiscal Year 2022 (NDAA) by adopting my amendment 
that effectively prohibited the DOD from recouping pay for encampment 
leave taken by DCNG members after the enactment of the NDAA. That 
amendment, however, did not apply to encampment leave taken before the 
enactment of the NDAA because of budget rules.
  In 1899, Congress codified in the D.C. Code the original authority 
for entitlement to leave when federal civilian employees were mobilized 
by the DCNG. In 1968, that authority was moved into 5 U.S.C. Sec. 6323. 
In that same year, Congress authorized two additional leave 
entitlements in 5 U.S.C. Sec. 6323, as well as established a salary 
offset provision in 5 U.S.C. Sec. 5519 referencing those two additional 
leave entitlements. However, because the U.S. Code had not been updated 
to include the earlier DCNG authority, the U.S. Code contained a 
duplicate subsection, one referring to DCNG mobilizations and one to a 
general leave entitlement for the National Guard and Reserves.
  Based on this legislative drafting error, the DOD has sometimes 
attempted to apply a salary offset to DCNG members who are federal 
employees and took encampment leave, and the DOD has indicated it will 
do so again soon. The Government Accountability Office (GAO), has said 
that 5 U.S.C. Sec. 6323(c) was not intended to be subject to a salary 
offset under 5 U.S.C. Sec. 5519 and noted in 1990 that the ``[Office of 
Personnel Management] advised that it now believes that the salary 
offset provisions of 5 U.S.C. Sec. 5519 do not apply to D.C. National 
Guardsmen under the circumstances described in 5 U.S.C. Sec. 6323(c).'' 
However, the Office of Personnel Management once again believes that 
the salary offset provisions of 5 U.S.C. Sec. 5519 apply to 5 U.S.C. 
Sec. 6323(c).
  DCNG members sincerely believed that they were taking this leave 
correctly, they have relied on this money, the recoupment will cause 
financial hardships for current and former DCNG members and it was 
Congress' intent that DCNG members were entitled to this leave without 
a salary offset.
  I urge my colleagues to support this bill.

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