I 
113TH CONGRESS 
1ST SESSION H. R. 1970 
To direct the Secretary of the Treasury to ensure that social security benefits 
are paid, to prioritize payments when the United States is not able 
to issue new obligations due to the statutory debt limit, and to address 
a lapse in appropriations to fund the Armed Forces. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2013 
Mr. GOHMERT introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Armed 
Services, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To direct the Secretary of the Treasury to ensure that social 
security benefits are paid, to prioritize payments when 
the United States is not able to issue new obligations 
due to the statutory debt limit, and to address a lapse 
in appropriations to fund the Armed Forces. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TIMELY PAYMENT OF SOCIAL SECURITY BENE-
FITS IF STATUTORY DEBT LIMIT IS REACHED. 
(a) IN GENERAL.—Section 1145 of the Social Secu-
rity Act (42 U.S.C. 1320b–15) is amended— 
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(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) TIMELY PAYMENT OF BENEFITS IF STATUTORY 
DEBT LIMIT IS REACHED.— 
‘‘(1) DISINVESTMENT OF FUND TO MAKE CUR-
RENT
BENEFIT
PAYMENTS.—For the purpose of 
making payment of cash benefits or administrative 
expenses during any debt limit default period, public 
debt obligations held by the applicable Federal fund 
shall be sold or redeemed in an amount not to ex-
ceed the sum of— 
‘‘(A) the face amount of obligations held 
by such fund which mature during such month; 
plus 
‘‘(B) the amount necessary only for the 
purpose of making payment of such benefits or 
administrative expenses and only to the extent 
cash assets of the applicable Federal fund are 
not available during such period for making 
payment of such benefits or administrative ex-
penses. 
‘‘(2) ISSUANCE
OF
CORRESPONDING
DEBT.— 
For purposes of undertaking the sale or redemption 
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of public debt obligations held by the applicable Fed-
eral fund pursuant to paragraph (1), the Secretary 
of the Treasury shall issue corresponding public debt 
obligations to the public in order to obtain the 
amounts necessary for payment of benefits or ad-
ministrative expenses from the applicable Federal 
fund, notwithstanding the public debt limit. 
‘‘(3) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) DEBT LIMIT DEFAULT PERIOD.—The 
term ‘debt limit default period’ means a period 
for which cash benefits or administrative ex-
penses would not otherwise be payable from the 
applicable Federal fund by reason of an inabil-
ity to issue further public debt obligations be-
cause of the public debt limit. 
‘‘(B) APPLICABLE FEDERAL FUND.—The 
term ‘applicable Federal fund’ means a Federal 
fund specified in paragraph (1) or (2) of sub-
section (d).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1145 of the Social Security Act, as 
amended by subsection (a), is amended— 
(A) by redesignating subsection (d) as sub-
section (e), and 
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(B) by inserting after subsection (c) the 
following new subsection: 
‘‘(d) PUBLIC DEBT LIMIT.—For purposes of this sec-
tion, the term ‘public debt limit’ means the limitation es-
tablished under section 3101 of title 31, United States 
Code, as increased under section 3101A of such title.’’. 
(2) Section 1145(c) of the Social Security Act, 
as amended by subsection (a), is amended by strik-
ing ‘‘established under section 3101 of title 31, 
United States Code’’. 
SEC. 2. PRIORITIZATION OF PAYMENTS IN EVENT THAT 
STATUTORY DEBT LIMIT IS REACHED. 
Section 3101 of title 31, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) In the event that the Secretary of the Treasury 
is not able to issue obligations to make all payments au-
thorized by law due to the limitation under subsection (b) 
(as increased under section 3101A), the Secretary shall 
give equal priority to the following: payments of principal 
and interest on public debt; payments of amounts that the 
Secretary of Defense (and the Secretary of Homeland Se-
curity in the case of the Coast Guard) determines to be 
necessary to continue pay and allowances (without inter-
ruption) to the Army, Navy, Air Force, Marine Corps, and 
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Coast Guard, including reserve components thereof, who 
perform active service; payments determined by the Presi-
dent (and reported to the Congress) to be necessary to 
continue United States priorities of its vital national secu-
rity interests; and payments for items and services under 
title XVIII of the Social Security Act (relating to Medi-
care).’’. 
SEC. 3. CONTINUANCE OF MILITARY PAY AND ALLOW-
ANCES DURING PERIODS OF LAPSED APPRO-
PRIATIONS. 
(a) CONTINUANCE OF PAY.—Chapter 19 of title 37, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘SEC. 1015. CONTINUANCE OF PAY AND ALLOWANCES DUR-
ING PERIODS OF LAPSED APPROPRIATIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘military personnel accounts’ 
means the military personnel, reserve personnel, and 
National Guard personnel accounts of the Depart-
ment of Defense, generally title I of an annual De-
partment of Defense appropriations Act, and the 
corresponding accounts for the Department of 
Homeland Security used to provide pay and allow-
ances for members of the Coast Guard. 
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‘‘(2) The term ‘pay and allowances’ means 
basic pay, bonuses and special pay, allowances and 
any other forms of compensation available for mem-
bers of the armed forces under this title or otherwise 
paid from the military personnel accounts. 
‘‘(3) The term ‘period of lapsed appropriations’, 
when used with respect to members of the armed 
forces, means any period during which appropria-
tions are not available due to the absence of the 
timely enactment of any Act or joint resolution (in-
cluding any Act or joint resolution making con-
tinuing appropriations) appropriating funds for the 
payment of the pay and allowances of members of 
the armed forces. 
‘‘(b) APPROPRIATION OF FUNDS TO CONTINUE PAY-
MENT OF PAY AND ALLOWANCES.—For any period of 
lapsed appropriations, there are appropriated, out of any 
moneys in the Treasury not otherwise appropriated, to the 
Secretary of Defense (and the Secretary of Homeland Se-
curity in the case of the Coast Guard) to allow the Sec-
retary of Defense (and the Secretary of Homeland Secu-
rity in the case of the Coast Guard) to continue to provide 
pay and allowances (without interruption) to members of 
the United States armed forces. 
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‘‘(c) LIMITATION ON AMOUNTS PAID.—This section 
only authorizes the expenditure of funds during a period 
of lapsed appropriations for the pay and allowances of a 
member of the armed forces at a rate that is equal to the 
rate in effect for that member immediately before the start 
of the period of lapsed appropriations. The rate for a 
member may neither exceed the rate in effect immediately 
before the start of the period of lapsed appropriations nor 
be less than that rate, unless reduced by disciplinary ac-
tion under the Uniform Code of Military Justice. 
‘‘(d) RELATION TO OTHER PAY AUTHORITIES.—This 
section shall not be construed to affect the entitlement of 
a member of the armed forces to an amount of pay and 
allowances that exceeds the amount of pay and allowances 
authorized to be paid under this section and to which the 
member becomes entitled under other applicable provisions 
of law. 
‘‘(e) EFFECT OF END OF PERIOD OF LAPSED AP-
PROPRIATIONS.—Expenditures made for any fiscal year 
pursuant to this section shall be charged to the applicable 
appropriation, fund, or authorization whenever the regular 
appropriation bill (or other bill or joint resolution making 
continuing appropriations through the end of the fiscal 
year) becomes law.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1015. Continuance of pay and allowances during periods of lapsed appropria-
tions.’’. 
Æ 
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