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Pay Our Military Act of 2025: guarantees military pay during funding lapses

Creates a narrowly targeted continuing appropriation for FY2026 to ensure service members (and certain supporting civilians and contractors) keep receiving pay and travel benefits during a government shutdown.

The Brief

The Pay Our Military Act of 2025 appropriates funds for fiscal year 2026 to cover pay and a defined set of benefits for members of the Armed Forces who perform active service during any lapse in interim or full-year appropriations. The statutory list includes pay, allowances, clothing, subsistence, interest on deposits, gratuities, and permanent change of station travel; it also authorizes pay for DoD and DHS civilian personnel and payments to contractors whom the relevant Secretary determines are providing support to those service members.

The bill is narrowly focused: it is retroactive to September 30, 2025; it charges any outlays to the applicable future appropriations; it bars obligation of these amounts while separate continuing appropriations covering the same purposes are in effect; and it terminates on the earlier of enactment of appropriations through September 30, 2026 (with or without amounts for these purposes) or September 30, 2026. The measure preserves immediate pay continuity while leaving room for later appropriation-level accounting and Secretary-level determinations about who qualifies for coverage.

At a Glance

What It Does

Appropriates whatever sums are necessary in FY2026 to pay members of the Armed Forces who perform active service during a funding lapse and to pay certain DoD/DHS civilians and contractors the Secretaries designate as supporting those members. It specifies covered pay items, requires that expenditures be charged to the relevant appropriation once enacted, and sets a retroactive effective date of September 30, 2025.

Who It Affects

Active-duty service members and reserve components called to active service, DoD and Coast Guard civilian employees who the Secretaries determine provide direct support, and defense contractors similarly designated. It also touches DoD/DHS finance offices, Treasury cash management, and congressional appropriations committees who will absorb the eventual budgetary charges.

Why It Matters

It removes a key financial stressor for readiness during shutdowns by guaranteeing pay flows even when appropriations lapse, while creating operational and budget-accounting work for agencies and possible disputes over which civilians and contractors qualify. The bill sets a narrow, precedent-sensitive carve-out from ordinary shutdown effects.

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What This Bill Actually Does

Section 2 is the operative core. It declares that, during any period in FY2026 when interim continuing appropriations or full-year appropriations are not in effect, the Treasury shall make available ‘‘such sums as are necessary’’ to pay a specific set of military compensation items for members of the Armed Forces who perform active service.

The statute lists pay, allowances, clothing, subsistence, interest on deposits, gratuities, and permanent change-of-station travel—including organizational movement expenses—and it reaches reserve components when they are on active service. That language intentionally focuses on cash compensation and travel-related support rather than broader operational spending.

The bill extends limited coverage beyond uniformed personnel. It authorizes pay and allowances for Department of Defense civilian personnel (and Department of Homeland Security employees for the Coast Guard) whom the relevant Secretary determines are providing support to the covered service members.

It also authorizes payments to DoD/DHS contractors if the Secretary makes a like determination. Those determinations are not fleshed out in the text, which leaves implementation to agency policy and internal guidance from each Secretary and OMB.Two administrative controls matter for implementation.

First, subsection (b) bars agency heads from obligating or expending these appropriated sums during any period in which continuing appropriations are in effect for the same purposes—preventing double-use when a separate CR covers the same object. Second, subsection (c) requires that any outlays be ‘‘charged to the applicable appropriation, fund, or authorization’’ once Congress later enacts the substantive appropriations into law.

Practically, Treasury or agencies will advance payments during a lapse and then assign those costs to line items in the subsequent appropriations act for accounting and reconciliation.Termination and timing are mechanical but consequential. The measure stops providing authority on the earliest of three events: enactment of appropriations through September 30, 2026 (either with or without line-item amounts for the covered purposes), or September 30, 2026 itself.

The Act also takes effect retroactively to September 30, 2025, which means it is written to validate payments made after that date in the event of a prior lapse. Collectively, the structure aims to ensure immediate cash flow for people serving while keeping final budgetary responsibility with Congress.

The Five Things You Need to Know

1

The statute explicitly covers permanent change of station (PCS) travel and organizational movement expenses in addition to standard pay and allowances.

2

Subsection 2(b) prohibits obligation or expenditure of the appropriated amounts if a continuing resolution already covers the same purposes, preventing duplication of funding.

3

Expenditures made under the Act must later be charged to the specific appropriation, fund, or authorization when Congress enacts the substantive appropriations—transferring the budgetary burden to future appropriations.

4

Definitions in the bill incorporate existing Title 10 meanings: ‘‘active service’’ carries the meaning in 10 U.S.C. 101(d), and ‘‘reserve component’’ tracks 10 U.S.C. 10101.

5

The Act is limited to fiscal year 2026 and terminates on the earliest of enacted appropriations through Sept. 30, 2026 (with or without these amounts) or Sept. 30, 2026; it is retroactive to Sept. 30, 2025.

Section-by-Section Breakdown

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Section 1

Short title

Designates the measure as the ‘‘Pay Our Military Act of 2025.’

Section 2(a)

Continuing appropriation for military pay and related items

Appropriates ‘‘such sums as are necessary’’ in FY2026 to cover a closed list of compensation and travel items for members of the Armed Forces on active service during any lapse. The provision explicitly includes reserve components and points to a narrow set of cash benefits rather than broader operational authorities, which limits the appropriation's scope to personnel-related outlays.

Section 2(a)(2)-(3)

Coverage for civilians and contractors by Secretary determination

Authorizes pay and allowances for DoD civilian personnel (and DHS personnel for the Coast Guard) and payments to DoD/DHS contractors only when the relevant Secretary determines those employees or contractors are providing support to covered service members. The text leaves the criteria and process for those determinations to agency implementation rather than statute, so agencies will need to define ‘‘providing support’’ operationally and document eligibility decisions.

4 more sections
Section 2(b)-(c)

Obligation restriction and charge-to-appropriations rule

Section 2(b) prevents agency heads from obligating these appropriated amounts while a separate continuing appropriation already exists for the same purpose—avoiding overlapping funding. Section 2(c) requires that outlays be charged to the applicable appropriation once Congress enacts the full appropriation, placing the ultimate budgetary responsibility on future enacted appropriations and necessitating reconciliation procedures in agency finance offices.

Section 2(d)

Statutory definitions

Adopts existing Title 10 definitions for ‘‘active service’’ and ‘‘reserve component’’ and defines ‘‘Secretary concerned’’ to mean the Secretary of Defense (and the Secretary of Homeland Security for the Coast Guard). Using Title 10 language ties eligibility to established military status definitions but leaves open borderline cases that will require interagency coordination.

Section 3

Termination conditions

Specifies three alternative end points for the authority: enactment of appropriations through Sept. 30, 2026 that provide amounts for the covered purposes; enactment of appropriations through Sept. 30, 2026 without any appropriation for those purposes; or Sept. 30, 2026. That structure ensures the carve-out is temporary and keyed to the regular appropriations cycle.

Section 4

Retroactive effective date

Declares the Act effective as if enacted on Sept. 30, 2025, validating payments made after that date if a lapse occurred. Retroactivity is designed to cover recent past shutdowns but requires agencies to coordinate with Treasury and OMB on how to treat payments made before the statute's enactment.

At scale

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Who Benefits and Who Bears the Cost

Every bill creates winners and losers. Here's who stands to gain and who bears the cost.

Who Benefits

  • Active-duty service members and reservists on active duty — they receive uninterrupted pay, allowances, PCS travel reimbursements, and related benefits during a funding lapse, reducing financial disruption and readiness risks.
  • DoD and Coast Guard civilian employees who the Secretary designates as providing direct support — the bill allows these civilians to continue receiving pay and allowances during a lapse when the Secretary certifies the role as supportive of covered service members.
  • Contractors providing direct support as designated by the Secretary — where Secretaries make affirmative determinations, contractors may be paid during a lapse, helping preserve critical logistics, maintenance, and support services.

Who Bears the Cost

  • Department of Defense and Department of Homeland Security budget holders — agencies must absorb or reconcile the costs when Congress later charges the expenditures to their appropriations, complicating internal budget management.
  • Congressional appropriations committees and eventual fiscal accounts — the future enacted appropriations will carry the budgetary burden, potentially forcing offsets or supplemental adjustments during the FY2026 cycle.
  • Agency finance and payroll offices — they face operational burdens and cash-management complexity to advance payments, tag charges to future appropriations, and implement Secretary determinations for civilians and contractors.

Key Issues

The Core Tension

The central tension is between two valid objectives: keeping pay and support flowing to uniformed personnel (and certain supporters) during funding lapses to protect readiness, versus preserving Congress’s power of the purse and budgetary discipline. Carving out pay reduces immediate harm to service members but weakens a key lever that motivates timely appropriations and raises questions about fiscal accountability and precedent.

The statute intentionally leaves the criteria for which civilian employees and contractors qualify undefined, delegating significant discretion to the Secretaries. That delegation simplifies passage and rapid payments but invites uneven application across agencies and potential disputes from contractors or civilian groups denied coverage.

Agencies will need clear, documented policies to avoid litigation or political friction.

Charging expenditures to future appropriations and the retroactive effective date create accounting and scoring challenges. Treasury and agency finance offices will make outlays before Congress appropriates the funds for the specific purposes, then reconcile those outlays to line items later.

CBO and OMB scoring will determine how these ‘‘advances’’ affect deficit and budgetary baselines, and Congress will ultimately decide whether to absorb, offset, or reprogram those amounts, which could squeeze other programs or require supplemental actions.

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