PolicyBrief
H.R. 182
119th CongressJan 3rd 2025
Default Prevention Act
IN COMMITTEE

The Default Prevention Act prioritizes government obligations, ensuring payments on the nation's debt, Social Security, Medicare, and defense are made even if the debt limit is reached, and requires the Treasury Secretary to report regularly on these payments.

Tom McClintock
R

Tom McClintock

Representative

CA-5

LEGISLATION

Default Prevention Act: Who Gets Paid First When the US Hits Its Debt Limit?

The Default Prevention Act lays out a payment plan for when the U.S. hits its debt ceiling, essentially deciding who gets paid first and who has to wait. It's like a financial triage for the government, and here’s how it breaks down.

Prioritizing Payments: The Tier System

This bill sets up a five-tier system for prioritizing payments. Think of it like this: some bills are absolutely essential, while others…well, they can wait. Here’s the breakdown:

  • Tier I: This is the top priority. It includes paying back the principal and interest on debt held by the public and specific trust funds and making sure Social Security and Medicare payments go out. (SEC. 2(b)(1))
  • Tier II: Next up are obligations for the Department of Defense and benefits for veterans. (SEC. 2(b)(2))
  • Tier III: This is the catch-all for everything else—any U.S. obligation that doesn't fit into the other tiers. (SEC. 2(b)(3))
  • Tier IV: This includes paychecks for federal employees and travel expenses for Executive branch folks, unless those expenses are already covered in Tiers I or II. (SEC. 2(b)(4))
  • Tier V: At the very bottom? Compensation for Members of Congress. (SEC. 2(b)(5))

Real-World Ripple Effects

Imagine a small government contractor that provides essential services, but isn't directly related to defense. Under this bill, their payments would fall into Tier III. If the debt ceiling isn't raised, they might face significant delays in getting paid. This could impact their ability to pay their own employees and bills. Meanwhile, a retired teacher relying on Social Security can breathe easier knowing their checks are prioritized in Tier I.

Similarly, while a defense contractor building military equipment would see their payments continue under Tier II, a company providing IT services to a civilian agency might find themselves waiting longer for payment, creating cash flow problems.

The Debt Limit Workaround

Here's a crucial point: the bill says that obligations issued to cover Tier I payments aren't subject to the debt limit (SEC. 2(c)). This means the Treasury can essentially issue new debt to cover these top-priority payments, even if the overall debt ceiling hasn't been raised. It's a way to keep the most critical payments flowing, but it also raises questions about long-term debt management.

Transparency and Oversight

The bill requires weekly reports to the House Ways and Means Committee and the Senate Finance Committee, detailing which obligations have been paid (SEC. 2(a)(4)). This is supposed to increase transparency, letting Congress keep a closer eye on how the Treasury is handling the situation.

The Big Picture: Benefits and Concerns

On the one hand, the Default Prevention Act aims to prevent a catastrophic default on U.S. debt and protect essential payments like Social Security and Medicare. It also ensures that defense and veterans' benefits remain funded. On the other hand, it creates a system where some government obligations are clearly valued more than others. This could create uncertainty and financial hardship for those lower down the priority list. It also allows for potential workarounds to the debt limit itself, which could have long-term consequences. It is all very well to say that Members of Congress will be at the bottom of the list, but that is hardly going to make up for disruptions in payments for other obligations. The bill's prioritization scheme could also become a political football, with potential for the Secretary of the Treasury to manipulate the order of payments for political gain.