II 

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 nonemergency 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting Military 

3 Pay Act of 2011’’. 

4 SEC. 2. FUNDING TO PROVIDE PAY AND ALLOWANCES FOR 

5 MEMBERS OF THE ARMED FORCES AND SUP6 PORTING CIVILIAN PERSONNEL DURING 

7 FUNDING GAP IMPACTING THE DEPARTMENT 

8 OF DEFENSE OR DEPARTMENT OF HOME9 LAND SECURITY. 

10 (a) FUNDING FOR MILITARY PAY AND ALLOW11 ANCES.—During a funding gap impacting the Armed 

12 Forces, the Secretary of the Treasury shall make available 

13 to the Secretary of Defense (and the Secretary of Home14 land Security in the case of the Coast Guard), out of any 

15 amounts in the general fund of the Treasury not otherwise 

16 appropriated, such amounts as the Secretary of Defense 

17 (and the Secretary of Homeland Security in the case of 

18 the Coast Guard) determines to be necessary to continue 

19 to provide pay and allowances (without interruption) to 

20 the following: 

21 (1) Members of the Army, Navy, Air Force, 

22 Marine Corps, and Coast Guard, including reserve 

23 components thereof, who perform active service dur24 ing the funding gap. 

25 (2) At the discretion of the Secretary of De26 fense, such civilian personnel of the Department of 


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1 Defense who are providing support to the members 

2 of the Armed Forces described in paragraph (1) as 

3 the Secretary considers appropriate. 

4 (b) FUNDING GAP DEFINED.—In this section, the 

5 term ‘‘funding gap’’ means any period of time after the 

6 beginning of a fiscal year for which interim or full-year 

7 appropriations for the personnel accounts of the Armed 

8 Forces for that fiscal year have not been enacted. 

9 (c) DURATION OF TRANSFER AUTHORITY.—No 

10 transfer may be made by the Secretary of the Treasury 

11 under subsection (a) after December 31, 2011. 

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

13 REACHED. 

14 In the event that the debt of the United States Gov15 ernment, as defined in section 3101 of title 31, United 

16 States Code, reaches the statutory limit, amounts nec17 essary for obligations incurred by the Government of the 

18 United States shall be made available to the following obli19 gations before all other obligations and shall be made 

20 available as prioritized in the following order (with items 

21 listed in descending order of prioritization): 

22 (1) Amounts necessary to carry out the author23 ity of the Department of the Treasury provided in 

24 section 3123 of title 31, United States Code, to pay 


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1 with legal tender the principal and interest on debt 

2 held by the public. 

3 (2) Such amounts as the Secretary of Defense 

4 (and the Secretary of Homeland Security in the case 

5 of the Coast Guard) determines to be necessary to 

6 continue to provide pay and allowances (without 

7 interruption) to members of the Army, Navy, Air 

8 Force, Marine Corps, and Coast Guard, including 

9 reserve components thereof, who perform active serv10 ice. 

11 (3) If the Secretary of Defense elects to provide 

12 pay and allowances to civilian personnel of the De13 partment of Defense who are providing support to 

14 the members of the Armed Forces described in para15 graph (2), such amounts as the Secretary deter16 mines to be necessary to continue to provide pay and 

17 allowances (without interruption) to such personnel. 

Æ 


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