[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 55 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 55
To prioritize the payment of pay and allowances to members of the Armed
Forces and Federal law enforcement officers in the event the debt
ceiling is reached or there is a funding gap.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mr. Fitzpatrick introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committees on
Transportation and Infrastructure, Armed Services, and the Judiciary,
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 prioritize the payment of pay and allowances to members of the Armed
Forces and Federal law enforcement officers in the event the debt
ceiling is reached or there is a funding gap.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Homeland Security,
Intelligence, and Essential Law Enforcement Departments Act of 2013''
or the ``SHIELD Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States Armed Forces represent the finest
fighting force in the world.
(2) An interruption in compensation could affect morale and
cause hardship which would threaten United States security and
the safety of our troops.
(3) It is a vital national interest that the United States
Armed Forces, including reserve components, can operate with
the assurance that they will continue to receive pay and
allowances for their service if a funding gap occurs.
(4) Federal law enforcement officers are highly trained and
dedicated men and women, committed to protecting liberty,
public safety, and the security of our Nation from both foreign
and domestic threats.
(5) They have no equal in the private sector, and perform a
role that is both unique and vital to the continuing operation
of the Federal Government and commerce during times of crisis.
(6) Each and every day, Federal law enforcement officers
are engaged around the clock in activities that include, but
are not limited to, dignitary protection, criminal
investigation, homeland security, border security, intelligence
gathering, and fighting waste, fraud and abuse.
(7) These critical Government functions cannot be
interrupted due to an absence of Congressional appropriations
or during periods of a Government shutdown, nor can we expect
that the threats posed by violent criminals, terrorists and
America's enemies will lessen during such periods of fiscal
uncertainty.
SEC. 3. PRIORITY PAYMENTS IF THE DEBT CEILING IS REACHED FOR DEFENSE
AND FEDERAL LAW ENFORCEMENT.
In the event that the total public debt reaches the public debt
limit, as established under section 3101 of title 31, United States
Code, the following payments on obligations incurred by the Government
of the United States shall be made:
(1) The pay and allowances of members of the Army, Navy,
Air Force, Marine Corps, and Coast Guard, including reserve
components thereof, who perform active service.
(2) The pay and allowances of critical law enforcement
officers who are employed by Federal agencies.
SEC. 4. EMERGENCY APPROPRIATIONS OF FUNDS FOR DEFENSE AND FEDERAL LAW
ENFORCEMENT DURING A FUNDING GAP.
(a) Appropriation of Funds for Military Pay and Allowances.--During
a period of lapsed appropriations for the Armed Forces, the Secretary
of the Treasury shall make available to the Secretary of Defense (and
the Secretary of Homeland Security in the case of the Coast Guard), out
of any amounts in the general fund of the Treasury not otherwise
appropriated, such amounts as the Secretary of Defense (and the
Secretary of Homeland Security in the case of the Coast Guard)
determines to be necessary to continue to provide pay and allowances
(without interruption) to members of the Army, Navy, Air Force, Marine
Corps, and Coast Guard, including reserve components thereof, who
perform active service during the period of lapsed appropriations.
(b) Appropriation of Funds for Federal Law Enforcement Officer Pay
and Allowances.--During a period of lapsed appropriations for a federal
agency that employs critical law enforcement officers, the Secretary of
the Treasury shall make available to the head of such agency, out of
any amounts in the general fund of the Treasury not otherwise
appropriated, such amounts as the heads of such agencies determine to
be necessary to continue to provide pay and allowances (without
interruption) to such critical law enforcement officers during the
period of lapsed appropriations.
SEC. 5. DEFINITIONS.
In this Act:
(1) Critical law enforcement officer.--The term ``critical
law enforcement officer'' means an employee--
(A) who has statutory authority to make arrests or
apprehensions;
(B) who is authorized by the agency of the employee
to carry firearms; and
(C) whose duties include performing emergency work
involving the safety of human life or the protection of
property.
(2) Period of lapsed appropriations.--The term ``period of
lapsed appropriations'' means any period during which
appropriations are not available due to the absence of the
timely enactment of any Act or joint resolution (including any
Act or joint resolution making continuing appropriations)
appropriating funds for the payment of the pay and allowances.
(3) Total public debt.--The term ``total public debt'' has
the meaning given such term in section 3130 of title 31, United
States Code.
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