H. R. 2166
IN THE HOUSE OF REPRESENTATIVES
April 26, 2017
Mr. Gohmert (for himself, Mr. Franks of Arizona, Mr. LaMalfa, Mr. Lamborn, Mr. King of Iowa, Mr. Cole, and Mr. Wittman) introduced the following bill; which was referred to the Committee on Armed Services
To amend title 37, United States Code, to provide for the continuance of pay and allowances for members of the Armed Forces, including reserve components thereof, during lapses in appropriations.
This Act may be cited as the
Armed Services Always Paid Act or the
Continuance of military pay and allowances during periods of lapsed appropriations
Continuance of pay
Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section:
Continuance of pay and allowances during periods of lapsed appropriations
In this section:
The term military personnel accounts mean the military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of an annual Department of Defense appropriations Act, and the corresponding accounts for the Department of Homeland Security used to provide pay and allowances for members of the Coast Guard.
The term pay and allowances means basic pay, bonuses and special pay, allowances and any other forms of compensation available for members of the armed forces under this title or otherwise paid from the military personnel accounts.
The term period of lapsed appropriations, when used with respect to members of the armed forces, means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances of members of the armed forces.
Appropriation of funds To continue payment of pay and allowances
For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to allow the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to continue to provide pay and allowances (without interruption) to members of the United States armed forces.
Limitation on amounts paid
This section only authorizes the expenditure of funds during a period of lapsed appropriations for the pay and allowances of a member of the armed forces at a rate that is equal to the rate in effect for that member immediately before the start of the period of lapsed appropriations. The rate for a member may neither exceed the rate in effect immediately before the start of the period of lapsed appropriations nor be less than that rate, unless reduced by disciplinary action under the Uniform Code of Military Justice.
Relation to other pay authorities
This section shall not be construed to affect the entitlement of a member of the armed forces to an amount of pay and allowances that exceeds the amount of pay and allowances authorized to be paid under this section and to which the member becomes entitled under other applicable provisions of law.
Effect of end of period of lapsed appropriations
Expenditures made for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill (or other bill or joint resolution making continuing appropriations through the end of the fiscal year) becomes law.
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
1016. Continuance of pay and allowances during periods of lapsed appropriations.