- United States
- Calif.
- Letter
Which of you will take this to your colleagues?
To: Sen. Schiff, Rep. Jacobs, Sen. Padilla
From: A constituent in San Diego, CA
November 12
Short Title: The "Protecting Our Troops' Financial Security Act" Sponsor: [Insert Name of Sponsor(s)] Date Introduced: [Insert Date] Section 1. Findings and Purpose (a) Findings: (1) The United States Constitution mandates the provision for a national defense, and the active duty members of the Armed Forces are essential to fulfilling this constitutional obligation. (2) Government shutdowns, while infrequent, have the potential to disrupt the timely payment of active duty service members, creating financial hardship and impacting morale, readiness, and recruitment efforts. (3) These service members, who often face unique challenges and financial responsibilities associated with military service, deserve the assurance that their compensation will not be interrupted due to budgetary impasses beyond their control. (4) The financial security and well-being of our active duty service members is a matter of national security and crucial to maintaining a strong and effective military force. (b) Purpose: It is the purpose of this Act to ensure that active duty members of the Armed Forces receive their regular pay and allowances, without interruption, during any period of a government shutdown. Section 2. Guaranteed Pay for Active Duty Service Members During Government Shutdowns (a) Establishment of a Continuing Appropriation: Notwithstanding any provision of law to the contrary, during any period in which there is a lapse in appropriations resulting from a failure to enact regular appropriations acts, there is hereby established a continuing appropriation for the sole purpose of compensating active duty members of the Armed Forces of the United States in a timely manner. (b) Covered Service Members: For the purposes of this Act, the term "active duty members of the Armed Forces" means any enlisted member or officer serving on active duty in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard (when operating as a service in the Navy), including members of the National Guard and Reserve components when serving on active duty under Title 10 or Title 32 of the United States Code. (c) Scope of Compensation: The continuing appropriation established under subsection (a) shall be sufficient to cover all regular pay and allowances, including basic pay, basic allowance for housing (BAH), basic allowance for subsistence (BAS), and any other special pays or allowances authorized by law, to which active duty service members are entitled. (d) Implementation and Administration: (1) The Secretary of Defense, in consultation with the Secretary of Homeland Security (for Coast Guard members), shall be responsible for administering the continuing appropriation established under subsection (a). (2) The Secretary of Defense and the Secretary of Homeland Security shall jointly develop and implement procedures to ensure the prompt and uninterrupted payment of active duty service members during any period of a government shutdown. These procedures shall include, but not be limited to: (A) Establishing a system for tracking and disbursing funds under the continuing appropriation. (B) Coordinating with the Department of the Treasury to ensure the timely transfer of funds. (C) Publicly communicating information about the availability of compensation to active duty service members. (e) Funding Source: The continuing appropriation established under subsection (a) shall be funded through a transfer from the Department of Defense's Operation and Maintenance (O&M) accounts. The Secretary of Defense shall prioritize the transfer of funds from O&M accounts that have the least impact on military readiness and national security. The amount transferred shall be reimbursed to the O&M accounts following the enactment of regular appropriations acts. (f) Report to Congress: Not later than 90 days after the end of any period of a government shutdown during which the continuing appropriation established under subsection (a) was utilized, the Secretary of Defense shall submit a report to the Committees on Armed Services of the House of Representatives and the Senate detailing: (1) The total amount of funds disbursed under the continuing appropriation. (2) The specific O&M accounts from which funds were transferred. (3) An assessment of the impact of the fund transfers on military readiness and national security. (4) Any recommendations for improving the administration of the continuing appropriation. Section 3. Severability If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. Section 4. Effective Date This Act shall take effect on the date of its enactment. Explanation: This bill aims to protect active duty service members from the financial hardship caused by government shutdowns. It achieves this by: Establishing a continuing appropriation: This creates a dedicated fund specifically for paying service members during shutdowns. This fund is available "notwithstanding any provision of law to the contrary," meaning it overrides other conflicting laws that might prevent payment. Defining "Active Duty Service Members": Clearly defines who is covered by the bill, including those serving under Title 10 and Title 32 orders. Specifying Covered Compensation: Ensures that all essential pay and allowances, like BAH and BAS, are covered. Outlining Implementation: Assigns responsibility to the Secretaries of Defense and Homeland Security to create procedures for managing the fund and ensuring timely payments. Establishing a Funding Source: Designates the Department of Defense's O&M accounts as the source of funds. This is a practical approach, but also includes a requirement that the funds be reimbursed once regular appropriations are enacted. This minimizes the long-term impact on readiness. Mandating a Report to Congress: Requires a detailed report to Congress after each shutdown to ensure transparency and accountability. This allows Congress to assess the bill's effectiveness and make any necessary adjustments. Severability Clause: Protects the rest of the bill if one section is deemed invalid. This bill is designed to be a focused and effective solution to a specific problem, ensuring that those who serve our nation are not penalized by political gridlock. It prioritizes the financial security of our troops and the maintenance of a strong and ready military.
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