[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5379 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5379

To amend title 37, United States Code, to provide for the continuity of 
 pay and allowances for members of the Armed Forces, including reserve 
          components thereof, during lapses in appropriations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2021

 Mr. Gohmert (for himself, Mr. DesJarlais, Mr. Webster of Florida, Mr. 
Babin, Mr. Carter of Georgia, Mr. Cawthorn, Mr. Posey, and Mr. Good of 
  Virginia) introduced the following bill; which was referred to the 
                      Committee on Armed Services

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                                 A BILL


 
To amend title 37, United States Code, to provide for the continuity of 
 pay and allowances for members of the Armed Forces, including reserve 
          components thereof, during lapses in appropriations.

    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 ``Armed Services Always Paid Act'' or 
the ``ASAP Act''.

SEC. 2. CONTINUITY OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF 
              LAPSED APPROPRIATIONS.

    (a) In General.--Chapter 19 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1016. Continuity of pay and allowances during periods of lapsed 
              appropriations
    ``(a) Definitions.--In this section:
            ``(1) 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.
            ``(2) 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.
            ``(3) 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.
    ``(b) 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 armed forces.
    ``(c) 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.
    ``(d) 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.
    ``(e) 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1016. Continuity of pay and allowances during periods of lapsed 
                            appropriations.''.
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