[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1365 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1365

To provide funds to ensure that members of the Armed Forces, including 
reserve components thereof, and supporting civilian personnel continue 
   to receive pay and allowances for active service performed when a 
    funding gap caused by the failure to enact interim or full-year 
   appropriations for the Armed Forces occurs, which results in the 
 furlough of non-emergency personnel and the curtailment of Government 
                        activities and services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2011

Mrs. Hutchison introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To provide funds to ensure that members of the Armed Forces, including 
reserve components thereof, and supporting civilian personnel continue 
   to receive pay and allowances for active service performed when a 
    funding gap caused by the failure to enact interim or full-year 
   appropriations for the Armed Forces occurs, which results in the 
 furlough of non-emergency personnel and the curtailment of Government 
                        activities and 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 ``Protecting Military Pay Act of 
2011''.

SEC. 2. FUNDING TO PROVIDE PAY AND ALLOWANCES FOR MEMBERS OF THE ARMED 
              FORCES AND SUPPORTING CIVILIAN PERSONNEL DURING FUNDING 
              GAP IMPACTING THE DEPARTMENT OF DEFENSE OR DEPARTMENT OF 
              HOMELAND SECURITY.

    (a) Funding for Military Pay and Allowances.--During a funding gap 
impacting the Armed Forces, the Secretary of the Treasury shall make 
available to the Secretary of Defense (and the Secretary of Homeland 
Security in the case of the Coast Guard), out of any amounts in the 
general fund of the Treasury not otherwise appropriated, such amounts 
as the Secretary of Defense (and the Secretary of Homeland Security in 
the case of the Coast Guard) determines to be necessary to continue to 
provide pay and allowances (without interruption) to the following:
            (1) Members of the Army, Navy, Air Force, Marine Corps, and 
        Coast Guard, including reserve components thereof, who perform 
        active service during the funding gap.
            (2) At the discretion of the Secretary of Defense, such 
        civilian personnel of the Department of Defense who are 
        providing support to the members of the Armed Forces described 
        in paragraph (1) as the Secretary considers appropriate.
    (b) Funding Gap Defined.--In this section, the term ``funding gap'' 
means any period of time after the beginning of a fiscal year for which 
interim or full-year appropriations for the personnel accounts of the 
Armed Forces for that fiscal year have not been enacted.
    (c) Duration of Transfer Authority.--No transfer may be made by the 
Secretary of the Treasury under subsection (a) after December 31, 2011.

SEC. 3. PRIORITY OF PAYMENTS IF DEBT CEILING IS REACHED.

    In the event that the debt of the United States Government, as 
defined in section 3101 of title 31, United States Code, reaches the 
statutory limit, amounts necessary for obligations incurred by the 
Government of the United States shall be made available to the 
following obligations before all other obligations and shall be made 
available as prioritized in the following order (with items listed in 
descending order of prioritization):
            (1) Amounts necessary to carry out the authority of the 
        Department of the Treasury provided in section 3123 of title 
        31, United States Code, to pay with legal tender the principal 
        and interest on debt held by the public.
            (2) Such amounts as the Secretary of Defense (and the 
        Secretary of Homeland Security in the case of the Coast Guard) 
        determines to be necessary to continue to provide pay and 
        allowances (without interruption) to members of the Army, Navy, 
        Air Force, Marine Corps, and Coast Guard, including reserve 
        components thereof, who perform active service.
            (3) If the Secretary of Defense elects to provide pay and 
        allowances to civilian personnel of the Department of Defense 
        who are providing support to the members of the Armed Forces 
        described in paragraph (2), such amounts as the Secretary 
        determines to be necessary to continue to provide pay and 
        allowances (without interruption) to such personnel.
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