ASAP Act

I 118TH CONGRESS 1ST SESSION H. R. 2805 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 APRIL 24, 2023 Mr. GAETZ (for himself and Ms. MACE) 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Armed Services Always 4 Paid Act’’ or the ‘‘ASAP Act’’. 5 VerDate Sep 11 2014 22:15 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2805.IH H2805 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2805 IH SEC. 2. CONTINUITY OF MILITARY PAY AND ALLOWANCES 1 DURING PERIODS OF LAPSED APPROPRIA- 2 TIONS. 3 (a) IN GENERAL.—Chapter 19 of title 37, United 4 States Code, is amended by adding at the end the fol- 5 lowing new section: 6 ‘‘§ 1016. Continuity of pay and allowances during pe- 7 riods of lapsed appropriations 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) The term ‘military personnel accounts’ 10 mean the military personnel, reserve personnel, and 11 National Guard personnel accounts of the Depart- 12 ment of Defense, generally title I of an annual De- 13 partment of Defense appropriations Act, and the 14 corresponding accounts for the Department of 15 Homeland Security used to provide pay and allow- 16 ances for members of the Coast Guard. 17 ‘‘(2) The term ‘pay and allowances’ means 18 basic pay, bonuses and special pay, allowances and 19 any other forms of compensation available for mem- 20 bers of the armed forces under this title or otherwise 21 paid from the military personnel accounts. 22 ‘‘(3) The term ‘period of lapsed appropriations’, 23 when used with respect to members of the armed 24 forces, means any period during which appropria- 25 tions are not available due to the absence of the 26 VerDate Sep 11 2014 22:15 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2805.IH H2805 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2805 IH timely enactment of any Act or joint resolution (in- 1 cluding any Act or joint resolution making con- 2 tinuing appropriations) appropriating funds for the 3 payment of the pay and allowances of members of 4 the armed forces. 5 ‘‘(b) APPROPRIATION OF FUNDS TO CONTINUE PAY- 6 MENT OF PAY AND ALLOWANCES.—For any period of 7 lapsed appropriations, there are appropriated, out of any 8 moneys in the Treasury not otherwise appropriated, to the 9 Secretary of Defense (and the Secretary of Homeland Se- 10 curity in the case of the Coast Guard) to allow the Sec- 11 retary of Defense (and the Secretary of Homeland Secu- 12 rity in the case of the Coast Guard) to continue to provide 13 pay and allowances (without interruption) to members of 14 the armed forces. 15 ‘‘(c) LIMITATION ON AMOUNTS PAID.—This section 16 only authorizes the expenditure of funds during a period 17 of lapsed appropriations for the pay and allowances of a 18 member of the armed forces at a rate that is equal to the 19 rate in effect for that member immediately before the start 20 of the period of lapsed appropriations. The rate for a 21 member may neither exceed the rate in effect immediately 22 before the start of the period of lapsed appropriations nor 23 be less than that rate, unless reduced by disciplinary ac- 24 tion under the Uniform Code of Military Justice. 25 VerDate Sep 11 2014 22:15 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2805.IH H2805 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2805 IH ‘‘(d) RELATION TO OTHER PAY AUTHORITIES.—This 1 section shall not be construed to affect the entitlement of 2 a member of the armed forces to an amount of pay and 3 allowances that exceeds the amount of pay and allowances 4 authorized to be paid under this section and to which the 5 member becomes entitled under other applicable provisions 6 of law. 7 ‘‘(e) EFFECT OF END OF PERIOD OF LAPSED AP- 8 PROPRIATIONS.—Expenditures made for any fiscal year 9 pursuant to this section shall be charged to the applicable 10 appropriation, fund, or authorization whenever the regular 11 appropriation bill (or other bill or joint resolution making 12 continuing appropriations through the end of the fiscal 13 year) becomes law.’’. 14 (b) CLERICAL AMENDMENT.—The table of sections 15 at the beginning of such chapter is amended by adding 16 at the end the following new item: 17 ‘‘1016. Continuity of pay and allowances during periods of lapsed appropria- tions.’’. Æ VerDate Sep 11 2014 22:15 Apr 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2805.IH H2805 kjohnson on DSK79L0C42PROD with BILLS