118 S2791 IS: Pay Our Coast Guard Act U.S. Senate 2023-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2791IN THE SENATE OF THE UNITED STATESSeptember 13, 2023Mr. Cruz (for himself, Ms. Cantwell, Mr. Sullivan, and Ms. Baldwin) introduced the following bill; which was read twice and referred to the Committee on AppropriationsA BILLTo amend title 14, United States Code, to make appropriations for Coast Guard pay in the event an appropriations Act expires before the enactment of a new appropriations Act, and for other purposes.

1.

Short title

This Act may be cited as the Pay Our Coast Guard Act.

2.

Findings

Congress finds the following:(1)The Coast Guard is a military service and a branch of the Armed Forces of the United States at all times regardless of whether it operates as a service in the Department of Homeland Security or as a service in the Navy.(2)Notwithstanding respective appropriations and except as otherwise provided in law, members of the Coast Guard should receive treatment equitable to that of other members of the Armed Forces with regard to pay and benefits.

3.

Coast Guard pay; continuation

(a)

In general

Chapter 27 of title 14, United States Code, is amended by adding at the end the following:

2780.

Pay; continuation during lapse in appropriations

(a)

In general

In the case of any period in which there is a Coast Guard-specific funding lapse, there are appropriated such sums as may be necessary—(1)to provide pay and allowances to military members of the Coast Guard, including the reserve component thereof, who perform active service or in-active-duty training during such period;(2)to provide pay and benefits to qualified civilian employees of the Coast Guard;(3)to provide pay and benefits to qualified contract employees of the Coast Guard; and(4)to provide for—(A)the payment of a death gratuity under sections 1475 through 1477 and 1489 of title 10, with respect to members of the Coast Guard;(B)the payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, with respect to members of the Coast Guard; and(C)the temporary continuation of a basic allowance of housing for dependents of members of the Coast Guard dying on active duty, as authorized by section 403(l) of title 37.(b)

Coast Guard-Specific funding lapse

For purposes of this section, a Coast Guard-specific funding lapse occurs in any case in which—(1)a general appropriation bill providing appropriations for the Coast Guard for a fiscal year is not enacted before the beginning of such fiscal year (and no joint resolution making continuing appropriations for the Coast Guard is in effect); and (2)a general appropriation bill providing appropriations for the Department of Defense for such fiscal year is enacted before the beginning of such fiscal year (or a joint resolution making continuing appropriations for the Department of Defense is in effect.(c)

Termination

Appropriations and funds made available and authority granted for any fiscal year for any purpose under subsection (a) shall be available until whichever of the following first occurs:(1)The enactment into law of an appropriation (including a continuing appropriation) for such purpose.(2)The enactment into law of the applicable regular or continuing appropriations resolution or other Act without any appropriation for such purpose.(3)The termination of availability of appropriations for the Department of Defense. (d)

Rate for operations; applicability to appropriations Acts

Appropriations made pursuant to this section shall be at a rate for operations and to the extent and manner that would be provided by the pertinent appropriations Act.(e)

Charge to future appropriations

Expenditures made pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is enacted into law.(f)

Apportionment

Appropriations and funds made available by or authority granted under this section may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, but nothing in this section may be construed to waive any other provision of law governing the apportionment of funds.(g)

Definitions

In this section:(1)

Qualified civilian employee

The term qualified civilian employee means a civilian employee of the Coast Guard who the Commandant determines is—(A)providing support to members of the Coast Guard or another Armed Force; or(B)performing work as an excepted employee or an employee performing emergency work, as such terms are defined by the Office of Personnel Management.(2)

Qualified contract employee of the Coast Guard

The term qualified contract employee of the Coast Guard means an individual performing work under a contract who the Commandant determines is—(A)providing support to military members or qualified civilian employees of the Coast Guard or another Armed Force; or(B)required to perform work during a lapse in appropriations.

.(b)

Clerical amendment

The analysis for chapter 27 of title 14, United States Code, is amended by adding at the end the following: 2780. Pay; continuation during lapse in appropriations..