I 
112TH CONGRESS 
1ST SESSION H. R. 1908 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2011 
Mr. AKIN introduced the following bill; which was referred to the Committee 
on Ways and Means, and in addition to the Committees on Transpor-
tation and Infrastructure and Armed Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
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 cer-
tain defense and national security obligations during a 
gap in funding, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) clear funding priorities should be laid out in 
case the United States Government reaches the stat-
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utory debt limit or experiences a funding gap, and 
that the top priorities should be— 
(A) paying principal and interest on the 
public debt; 
(B) paying the salaries of members of our 
Armed Forces and paying for vital national se-
curity priorities as determined by the President; 
and 
(C) paying Social Security benefits; and 
(2) funding for components of the Federal Gov-
ernment that are not essential should be signifi-
cantly limited if the government reaches the statu-
tory debt limit. 
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 Govern-
ment of the United States shall be made available as 
prioritized in the following order (with items listed in de-
scending order of prioritization): 
(1) amounts necessary to carry out the author-
ity of the Department of the Treasury provided in 
section 3123 of title 31, United States Code, to pay 
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with legal tender the principal and interest on debt 
held by the public; 
(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 serv-
ice; 
(3) such amounts as the President certifies to 
the Congress are necessary to carry out vital na-
tional security priorities; 
(4) amounts necessary to carry out the author-
ity of the Commissioner of Social Security to pay 
monthly old-age, survivors’, and disability insurance 
benefits under title II of the Social Security Act; and 
(5) subject to subsection (b), amounts necessary 
to satisfy all other obligations, in an order of pri-
ority determined by the President under section 
4(2). 
(b) LIMITATION ON CERTAIN OBLIGATIONS.—With 
respect to a department or agency described under sub-
section (c) or an international organization or fund (as 
defined by the President), amounts made available pursu-
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ant to subsection (a)(5) to satisfy obligations for such de-
partment, 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. 
(c) CERTAIN DEPARTMENTS AND AGENCIES.—A de-
partment or agency is described under this subsection if 
it is one of the following: 
(1) The Department of Education. 
(2) The Department of Energy. 
(3) The Department of Health & Human Serv-
ices. 
(4) The Department of Housing and Urban De-
velopment. 
(5) The Department of the Interior. 
(6) The Department of Labor. 
(7) The Department of Transportation. 
(8) The Environmental Protection Agency. 
(9) The National Science Foundation. 
(10) The Office of Personnel Management. 
(11) The United States Agency for Inter-
national Development. 
(12) An independent establishment, as defined 
under section 104 of title 5, United States Code. 
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SEC. 3. EMERGENCY APPROPRIATION OF FUNDS FOR DE-
FENSE AND NATIONAL SECURITY DURING A 
FUNDING GAP. 
(a) IN GENERAL.—During any funding gap, the Sec-
retary of the Treasury shall make available, out of any 
amounts in the general fund of the Treasury not otherwise 
appropriated— 
(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 serv-
ice during the funding gap; and 
(2) such amounts as the President certifies to 
the Congress are necessary to carry out vital na-
tional security priorities. 
(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. 
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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— 
(1) a plan explaining the continuation of Gov-
ernment 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; 
(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 Govern-
ment, as defined in section 3101 of title 31, United 
States Code, reaches the statutory limit; and 
(3) a plan explaining the continuation of Gov-
ernment 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. 
Æ 
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