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 offi-
cers in the event the debt ceiling is reached or there 
is a funding gap. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening Home-
land Security, Intelligence, and Essential Law Enforce-
VerDate Mar 15 2010 
05:43 Sep 14, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2886.IH
H2886
jbell on DSK7SPTVN1PROD with BILLS
ment Departments Act of 2011’’ or the ‘‘SHIELD Act 
of 2011’’. 
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 af-
fect morale and cause hardship which would threat-
en United States security and the safety of our 
troops. 
(3) It is a vital national interest that the 
United States Armed Forces, including reserve com-
ponents, 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 enforce-
ment officers are engaged around the clock in activi-
VerDate Mar 15 2010 
05:43 Sep 14, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2886.IH
H2886
jbell on DSK7SPTVN1PROD with BILLS
ties 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 en-
emies will lessen during such periods of fiscal uncer-
tainty. 
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 obliga-
tions 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. 
VerDate Mar 15 2010 
05:43 Sep 14, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2886.IH
H2886
jbell on DSK7SPTVN1PROD with BILLS
(2) The pay and allowances of critical law en-
forcement officers who are employed by Federal 
agencies. 
SEC. 4. EMERGENCY APPROPRIATIONS OF FUNDS FOR DE-
FENSE AND FEDERAL LAW ENFORCEMENT 
DURING A FUNDING GAP. 
(a) APPROPRIATION OF FUNDS FOR MILITARY PAY 
AND ALLOWANCES.—During a period of lapsed appropria-
tions 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 Se-
curity in the case of the Coast Guard) determines to be 
necessary to continue to provide pay and allowances (with-
out 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.—Dur-
ing a period of lapsed appropriations for a federal agency 
that employs critical law enforcement officers, the Sec-
retary of the Treasury shall make available to the head 
VerDate Mar 15 2010 
05:43 Sep 14, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2886.IH
H2886
jbell on DSK7SPTVN1PROD with BILLS
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 inter-
ruption) 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 emer-
gency 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) appro-
VerDate Mar 15 2010 
05:43 Sep 14, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2886.IH
H2886
jbell on DSK7SPTVN1PROD with BILLS
priating funds for the payment of the pay and allow-
ances. 
(3) TOTAL
PUBLIC
DEBT.—The term ‘‘total 
public debt’’ has the meaning given such term in 
section 3130 of title 31, United States Code. 
Æ 
VerDate Mar 15 2010 
05:43 Sep 14, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H2886.IH
H2886
jbell on DSK7SPTVN1PROD with BILLS