I 
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 
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 Representa-
tives 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’’. 
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SEC. 2. CONTINUITY OF MILITARY PAY AND ALLOWANCES 
DURING PERIODS OF LAPSED APPROPRIA-
TIONS. 
(a) IN GENERAL.—Chapter 19 of title 37, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1016. Continuity of pay and allowances during pe-
riods 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 Depart-
ment of Defense, generally title I of an annual De-
partment of Defense appropriations Act, and the 
corresponding accounts for the Department of 
Homeland Security used to provide pay and allow-
ances 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 mem-
bers 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 appropria-
tions are not available due to the absence of the 
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timely enactment of any Act or joint resolution (in-
cluding any Act or joint resolution making con-
tinuing appropriations) appropriating funds for the 
payment of the pay and allowances of members of 
the armed forces. 
‘‘(b) APPROPRIATION OF FUNDS TO CONTINUE PAY-
MENT 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 Se-
curity in the case of the Coast Guard) to allow the Sec-
retary of Defense (and the Secretary of Homeland Secu-
rity 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 ac-
tion under the Uniform Code of Military Justice. 
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‘‘(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 AP-
PROPRIATIONS.—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 appropria-
tions.’’. 
Æ 
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