HR 1908 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1908CommentsClose CommentsPermalink

To specify the priority of the obligations of the United States Government if the debt ceiling is reached, to provide for an emergency appropriation of funds to pay for certain defense and national security obligations during a gap in funding, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 13, 2011CommentsClose CommentsPermalink

Mr. AKIN introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure and Armed Services, 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 concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To specify the priority of the obligations of the United States Government if the debt ceiling is reached, to provide for an emergency appropriation of funds to pay for certain defense and national security obligations during a gap in funding, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SENSE OF CONGRESS.

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) clear funding priorities should be laid out in case the United States Government reaches the statutory debt limit or experiences a funding gap, and that the top priorities should be--CommentsClose CommentsPermalink





(A) paying principal and interest on the public debt;CommentsClose CommentsPermalink





(B) paying the salaries of members of our Armed Forces and paying for vital national security priorities as determined by the President; andCommentsClose CommentsPermalink





(C) paying Social Security benefits; andCommentsClose CommentsPermalink





(2) funding for components of the Federal Government that are not essential should be significantly limited if the government reaches the statutory debt limit.CommentsClose CommentsPermalink

SEC. 2. PRIORITY OF PAYMENTS IF THE DEBT CEILING IS REACHED.

(a) In General- In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, amounts necessary for obligations incurred by the Government of the United States shall be made available as prioritized in the following order (with items listed in descending order of prioritization):CommentsClose CommentsPermalink





(1) amounts necessary to carry out the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public;CommentsClose CommentsPermalink





(2) 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;CommentsClose CommentsPermalink





(3) such amounts as the President certifies to the Congress are necessary to carry out vital national security priorities;CommentsClose CommentsPermalink





(4) amounts necessary to carry out the authority of the Commissioner of Social Security to pay monthly old-age, survivors’, and disability insurance benefits under title II of the Social Security Act; andCommentsClose CommentsPermalink





(5) subject to subsection (b), amounts necessary to satisfy all other obligations, in an order of priority determined by the President under section 4(2).CommentsClose CommentsPermalink





(b) Limitation on Certain Obligations- With respect to a department or agency described under subsection (c) or an international organization or fund (as defined by the President), amounts made available pursuant to subsection (a)(5) to satisfy obligations for such department, agency, organization, or fund may not exceed an amount that is equal to 20 percent of the amount that would have been made available to satisfy such obligations if the statutory limit described under subsection (a) had not been reached.CommentsClose CommentsPermalink





(c) Certain Departments and Agencies- A department or agency is described under this subsection if it is one of the following:CommentsClose CommentsPermalink





(1) The Department of Education.CommentsClose CommentsPermalink





(2) The Department of Energy.CommentsClose CommentsPermalink





(3) The Department of Health & Human Services.CommentsClose CommentsPermalink





(4) The Department of Housing and Urban Development.CommentsClose CommentsPermalink





(5) The Department of the Interior.CommentsClose CommentsPermalink





(6) The Department of Labor.CommentsClose CommentsPermalink





(7) The Department of Transportation.CommentsClose CommentsPermalink





(8) The Environmental Protection Agency.CommentsClose CommentsPermalink





(9) The National Science Foundation.CommentsClose CommentsPermalink





(10) The Office of Personnel Management.CommentsClose CommentsPermalink





(11) The United States Agency for International Development.CommentsClose CommentsPermalink





(12) An independent establishment, as defined under section 104 of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 3. EMERGENCY APPROPRIATION OF FUNDS FOR DEFENSE AND NATIONAL SECURITY DURING A FUNDING GAP.

(a) In General- During any funding gap, the Secretary of the Treasury shall make available, out of any amounts in the general fund of the Treasury not otherwise appropriated--CommentsClose CommentsPermalink





(1) 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 funding gap; andCommentsClose CommentsPermalink





(2) such amounts as the President certifies to the Congress are necessary to carry out vital national security priorities.CommentsClose CommentsPermalink





(b) Funding Gap Defined- For purposes of this section and with respect to an obligation incurred by the Government of the United States, the term ‘funding gap’ means any period of time after the beginning of a fiscal year for which interim or full-year appropriations for such obligation have not been enacted.CommentsClose CommentsPermalink

SEC. 4. REPORT ON PRIORITIZATION.

Not later than the end of the 30-day period beginning on the date of the enactment of this Act, the President shall submit to the Congress--CommentsClose CommentsPermalink





(1) a plan explaining the continuation of Government operations in the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit;CommentsClose CommentsPermalink





(2) the prioritization of the obligations of the United States Government, other than those listed under paragraphs (1), (2), (3), and (4) of section 2, that the President determines appropriate in the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit; andCommentsClose CommentsPermalink





(3) a plan explaining the continuation of Government operations in the event of a funding gap, as defined under section 3(b), including the system of determining which Federal employees are essential during such funding gap.CommentsClose CommentsPermalink