SHIELD Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 489 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 JANUARY 11, 2019 Mr. FITZPATRICK (for himself and Ms. SPANBERGER) 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Strengthening Home- 4 land Security, Intelligence, and Essential Law Enforce- 5 VerDate Sep 11 2014 21:02 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H489.IH H489 pbinns on DSK79D2C42PROD with BILLS 2 •HR 489 IH ment Departments Act of 2019’’ or the ‘‘SHIELD Act 1 of 2019’’. 2 SEC. 2. FINDINGS. 3 Congress finds the following: 4 (1) The United States Armed Forces represent 5 the finest fighting force in the world. 6 (2) An interruption in compensation could af- 7 fect morale and cause hardship which would threat- 8 en United States security and the safety of our 9 troops. 10 (3) It is a vital national interest that the 11 United States Armed Forces, including reserve com- 12 ponents, can operate with the assurance that they 13 will continue to receive pay and allowances for their 14 service if a funding gap occurs. 15 (4) Federal law enforcement officers are highly 16 trained and dedicated men and women, committed to 17 protecting liberty, public safety, and the security of 18 our Nation from both foreign and domestic threats. 19 (5) They have no equal in the private sector, 20 and perform a role that is both unique and vital to 21 the continuing operation of the Federal Government 22 and commerce during times of crisis. 23 (6) Each and every day, Federal law enforce- 24 ment officers are engaged around the clock in activi- 25 VerDate Sep 11 2014 21:02 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H489.IH H489 pbinns on DSK79D2C42PROD with BILLS 3 •HR 489 IH ties that include, but are not limited to, dignitary 1 protection, criminal investigation, homeland security, 2 border security, intelligence gathering, and fighting 3 waste, fraud and abuse. 4 (7) These critical Government functions cannot 5 be interrupted due to an absence of congressional 6 appropriations or during periods of a Government 7 shutdown, nor can we expect that the threats posed 8 by violent criminals, terrorists and America’s en- 9 emies will lessen during such periods of fiscal uncer- 10 tainty. 11 SEC. 3. PRIORITY PAYMENTS IF THE DEBT CEILING IS 12 REACHED FOR DEFENSE AND FEDERAL LAW 13 ENFORCEMENT. 14 In the event that the total public debt reaches the 15 public debt limit, as established under section 3101 of title 16 31, United States Code, the following payments on obliga- 17 tions incurred by the Government of the United States 18 shall be made: 19 (1) The pay and allowances of members of the 20 Army, Navy, Air Force, Marine Corps, and Coast 21 Guard, including reserve components thereof, who 22 perform active service. 23 VerDate Sep 11 2014 21:02 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H489.IH H489 pbinns on DSK79D2C42PROD with BILLS 4 •HR 489 IH (2) The pay and allowances of critical law en- 1 forcement officers who are employed by Federal 2 agencies. 3 SEC. 4. EMERGENCY APPROPRIATIONS OF FUNDS FOR DE- 4 FENSE AND FEDERAL LAW ENFORCEMENT 5 DURING A FUNDING GAP. 6 (a) APPROPRIATION OF FUNDS FOR MILITARY PAY 7 AND ALLOWANCES.—During a period of lapsed appropria- 8 tions for the Armed Forces, the Secretary of the Treasury 9 shall make available to the Secretary of Defense (and the 10 Secretary of Homeland Security in the case of the Coast 11 Guard), out of any amounts in the general fund of the 12 Treasury not otherwise appropriated, such amounts as the 13 Secretary of Defense (and the Secretary of Homeland Se- 14 curity in the case of the Coast Guard) determines to be 15 necessary to continue to provide pay and allowances (with- 16 out interruption) to members of the Army, Navy, Air 17 Force, Marine Corps, and Coast Guard, including reserve 18 components thereof, who perform active service during the 19 period of lapsed appropriations. 20 (b) APPROPRIATION OF FUNDS FOR FEDERAL LAW 21 ENFORCEMENT OFFICER PAY AND ALLOWANCES.—Dur- 22 ing a period of lapsed appropriations for a Federal agency 23 that employs critical law enforcement officers, the Sec- 24 retary of the Treasury shall make available to the head 25 VerDate Sep 11 2014 21:02 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H489.IH H489 pbinns on DSK79D2C42PROD with BILLS 5 •HR 489 IH of such agency, out of any amounts in the general fund 1 of the Treasury not otherwise appropriated, such amounts 2 as the heads of such agencies determine to be necessary 3 to continue to provide pay and allowances (without inter- 4 ruption) to such critical law enforcement officers during 5 the period of lapsed appropriations. 6 SEC. 5. DEFINITIONS. 7 In this Act: 8 (1) CRITICAL LAW ENFORCEMENT OFFICER.— 9 The term ‘‘critical law enforcement officer’’ means 10 an employee— 11 (A) who has statutory authority to make 12 arrests or apprehensions; 13 (B) who is authorized by the agency of the 14 employee to carry firearms; and 15 (C) whose duties include performing emer- 16 gency work involving the safety of human life or 17 the protection of property. 18 (2) PERIOD OF LAPSED APPROPRIATIONS.—The 19 term ‘‘period of lapsed appropriations’’ means any 20 period during which appropriations are not available 21 due to the absence of the timely enactment of any 22 Act or joint resolution (including any Act or joint 23 resolution making continuing appropriations) appro- 24 VerDate Sep 11 2014 21:02 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H489.IH H489 pbinns on DSK79D2C42PROD with BILLS 6 •HR 489 IH priating funds for the payment of the pay and allow- 1 ances. 2 (3) TOTAL PUBLIC DEBT.—The term ‘‘total 3 public debt’’ has the meaning given such term in 4 section 3130 of title 31, United States Code. 5 Æ VerDate Sep 11 2014 21:02 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H489.IH H489 pbinns on DSK79D2C42PROD with BILLS