II 112th CONGRESS 1st Session S. 1365 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.

1.

Short title

This Act may be cited as the Protecting Military Pay Act of 2011.

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.

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.