I 

112TH CONGRESS 

1ST SESSION H. R. 2886 

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 

SEPTEMBER 12, 2011 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Home5 land Security, Intelligence, and Essential Law EnforceVerDate Mar 15 2010 05:43 Sep 14, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886

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1 ment Departments Act of 2011’’ or the ‘‘SHIELD Act 

2 of 2011’’. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) The United States Armed Forces represent 

6 the finest fighting force in the world. 

7 (2) An interruption in compensation could af8 fect morale and cause hardship which would threat9 en United States security and the safety of our 

10 troops. 

11 (3) It is a vital national interest that the 

12 United States Armed Forces, including reserve com13 ponents, can operate with the assurance that they 

14 will continue to receive pay and allowances for their 

15 service if a funding gap occurs. 

16 (4) Federal law enforcement officers are highly 

17 trained and dedicated men and women, committed to 

18 protecting liberty, public safety, and the security of 

19 our Nation from both foreign and domestic threats. 

20 (5) They have no equal in the private sector, 

21 and perform a role that is both unique and vital to 

22 the continuing operation of the Federal Government 

23 and commerce during times of crisis. 

24 (6) Each and every day, Federal law enforce25 ment officers are engaged around the clock in activiVerDate Mar 15 2010 05:43 Sep 14, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886

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1 ties that include, but are not limited to, dignitary 

2 protection, criminal investigation, homeland security, 

3 border security, intelligence gathering, and fighting 

4 waste, fraud and abuse. 

5 (7) These critical Government functions cannot 

6 be interrupted due to an absence of Congressional 

7 appropriations or during periods of a Government 

8 shutdown, nor can we expect that the threats posed 

9 by violent criminals, terrorists and America’s en10 emies will lessen during such periods of fiscal uncer11 tainty. 

12 SEC. 3. PRIORITY PAYMENTS IF THE DEBT CEILING IS 

13 REACHED FOR DEFENSE AND FEDERAL LAW 

14 ENFORCEMENT. 

15 In the event that the total public debt reaches the 

16 public debt limit, as established under section 3101 of title 

17 31, United States Code, the following payments on obliga18 tions incurred by the Government of the United States 

19 shall be made: 

20 (1) The pay and allowances of members of the 

21 Army, Navy, Air Force, Marine Corps, and Coast 

22 Guard, including reserve components thereof, who 

23 perform active service. 


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1 (2) The pay and allowances of critical law en2 forcement officers who are employed by Federal 

3 agencies. 

4 SEC. 4. EMERGENCY APPROPRIATIONS OF FUNDS FOR DE5 FENSE AND FEDERAL LAW ENFORCEMENT 

6 DURING A FUNDING GAP. 

7 (a) APPROPRIATION OF FUNDS FOR MILITARY PAY

8 AND ALLOWANCES.—During a period of lapsed appropria9 tions for the Armed Forces, the Secretary of the Treasury 

10 shall make available to the Secretary of Defense (and the 

11 Secretary of Homeland Security in the case of the Coast 

12 Guard), out of any amounts in the general fund of the 

13 Treasury not otherwise appropriated, such amounts as the 

14 Secretary of Defense (and the Secretary of Homeland Se15 curity in the case of the Coast Guard) determines to be 

16 necessary to continue to provide pay and allowances (with17 out interruption) to members of the Army, Navy, Air 

18 Force, Marine Corps, and Coast Guard, including reserve 

19 components thereof, who perform active service during the 

20 period of lapsed appropriations. 

21 (b) APPROPRIATION OF FUNDS FOR FEDERAL LAW

22 ENFORCEMENT OFFICER PAY AND ALLOWANCES.—Dur23 ing a period of lapsed appropriations for a federal agency 

24 that employs critical law enforcement officers, the Sec25 retary of the Treasury shall make available to the head 


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1 of such agency, out of any amounts in the general fund 

2 of the Treasury not otherwise appropriated, such amounts 

3 as the heads of such agencies determine to be necessary 

4 to continue to provide pay and allowances (without inter5 ruption) to such critical law enforcement officers during 

6 the period of lapsed appropriations. 

7 SEC. 5. DEFINITIONS. 

8 In this Act: 

9 (1) CRITICAL LAW ENFORCEMENT OFFICER.— 

10 The term ‘‘critical law enforcement officer’’ means 

11 an employee— 

12 (A) who has statutory authority to make 

13 arrests or apprehensions; 

14 (B) who is authorized by the agency of the 

15 employee to carry firearms; and 

16 (C) whose duties include performing emer17 gency work involving the safety of human life or 

18 the protection of property. 

19 (2) PERIOD OF LAPSED APPROPRIATIONS.—The 

20 term ‘‘period of lapsed appropriations’’ means any 

21 period during which appropriations are not available 

22 due to the absence of the timely enactment of any 

23 Act or joint resolution (including any Act or joint 

24 resolution making continuing appropriations) approVerDate Mar 15 2010 05:43 Sep 14, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886

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1 priating funds for the payment of the pay and allow2 ances. 

3 (3) TOTAL PUBLIC DEBT.—The term ‘‘total 

4 public debt’’ has the meaning given such term in 

5 section 3130 of title 31, United States Code. 

Æ 


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