I 

114TH CONGRESS 

1ST SESSION H. R. 3616 

To appropriate such funds as may be necessary to ensure that members 

of the Armed Forces, including reserve components thereof, and supporting civilian and contractor 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, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2015 

Mr. FORBES introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To appropriate such funds as may be necessary to ensure 

that members of the Armed Forces, including reserve 

components thereof, and supporting civilian and contractor 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, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defending Our De5 fenders Act’’. 

6 SEC. 2. EMERGENCY APPROPRIATION OF FUNDS TO PRO7 VIDE PAY AND ALLOWANCES FOR MEMBERS 

8 OF THE ARMED FORCES AND SUPPORTING 

9 CIVILIAN AND CONTRACTOR PERSONNEL 

10 DURING FUNDING GAP IMPACTING THE DE11 PARTMENT OF DEFENSE OR DEPARTMENT 

12 OF HOMELAND SECURITY. 

13 (a) APPROPRIATION OF FUNDS FOR MILITARY PAY

14 AND ALLOWANCES.—During a funding gap impacting the 

15 Armed Forces, the Secretary of the Treasury shall make 

16 available to the Secretary of Defense (and the Secretary 

17 of Homeland Security in the case of the Coast Guard), 

18 out of any amounts in the general fund of the Treasury 

19 not otherwise appropriated, such amounts as the Secretary 

20 of Defense (and the Secretary of Homeland Security in 

21 the case of the Coast Guard) determines to be necessary 

22 to continue to provide pay and allowances (without inter23 ruption) to the following: 

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

25 Marine Corps, and Coast Guard, including reserve 


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1 components thereof, who perform active service dur2 ing the funding gap. 

3 (2) At the discretion of the Secretary of De4 fense, such civilian personnel of the Department of 

5 Defense who are providing support to the members 

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

7 the Secretary considers appropriate. 

8 (3) At the discretion of the Secretary of De9 fense, such personnel of contractors of the Depart10 ment of Defense who are providing support to the 

11 members of the Armed Forces described in para12 graph (1) as the Secretary considers appropriate. 

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

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

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

16 appropriations for the personnel accounts of the Armed 

17 Forces for that fiscal year have not been enacted. 

18 SEC. 3. LIMITATION ON FURLOUGH OF DEPARTMENT OF 

19 DEFENSE EMPLOYEES PAID THROUGH WORK20 ING-CAPITAL FUNDS. 

21 Section 2208 of title 10, United States Code, is 

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(s) FURLOUGH OF EMPLOYEES.—(1) Except as pro25 vided under paragraph (2), the Secretary of Defense or 


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1 the Secretary of a military department may not furlough 

2 any employee of the Department of Defense whose salary 

3 is funded by a working-capital fund unless the Secretary 

4 determines that— 

5 ‘‘(A) the working-capital fund is insolvent; or 

6 ‘‘(B) there are insufficient funds in the work7 ing-capital fund to pay the labor costs of the em8 ployee. 

9 ‘‘(2) The Secretary of Defense or the Secretary of 

10 a military department may waive the restriction under 

11 paragraph (1) if the Secretary determines such a waiver 

12 is in the interest of the national security of the United 

13 States. 

14 ‘‘(3) In this subsection, the term ‘furlough’ means the 

15 placement, for nondisciplinary reasons, of an employee in 

16 a temporary status in which the employee has no duties 

17 and is not paid, but does not include administrative leave 

18 or an excused absence.’’. 

19 SEC. 4. PRIORITIZE OBLIGATIONS ON THE DEBT HELD BY 

20 THE PUBLIC AND MILITARY PAY. 

21 In the event that the debt of the United States Gov22 ernment reaches the statutory limit as defined in section 

23 3101 of title 31, United States Code, the following shall 

24 take equal priority over all other obligations incurred by 

25 the Government of the United States: 


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1 (1) The authority of the Department of the 

2 Treasury contained in section 3123 of title 31, 

3 United States Code, to pay with legal tender the 

4 principal and interest on debt held by the public. 

5 (2) The payment of pay and allowances for 

6 members of the Armed Forces on active duty. 

7 (3) The payment of salaries for Department of 

8 Defense civilian employees. 

9 (4) The payment of salaries for employees of 

10 contractors of the Department of Defense. 

11 SEC. 5. TERMINATION. 

12 Appropriations and funds made available and author13 ity granted pursuant to this Act shall be available until 

14 the earlier of the following dates: 

15 (1) The date of the enactment into law of an 

16 appropriation (including a continuing appropriation) 

17 for any purpose for which amounts are made avail18 able in section 2. 

19 (2) The date of the enactment into law of the 

20 applicable regular or continuing appropriations reso21 lution or other Act without any appropriation for 

22 such purpose. 

23 (3) January 1, 2016. 

Æ 


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