I 

112TH CONGRESS 

1ST SESSION H. R. 3662 

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 

to modify the discretionary spending limits to take into account savings 

resulting from the reduction in the number of Federal employees. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2011 

Mr. MCKEON (for himself, Mr. RUNYAN, Mr. AKIN, Mr. THORNBERRY, Mrs. 

HARTZLER, Mr. SHUSTER, Mr. AUSTIN SCOTT of Georgia, Mr. ROONEY, 

Mr. ROGERS of Alabama, Mr. TURNER of Ohio, Mr. PLATTS, Mr. 

BROOKS, Mr. HUNTER, Mr. WEST, Mr. CONAWAY, Mr. FLEMING, Mr. 

MILLER of Florida, Mr. LAMBORN, Mr. KLINE, Mr. RIGELL, Mr. WILSON

of South Carolina, Mr. YOUNG of Florida, Mr. LOBIONDO, Mr. FRANKS

of Arizona, Mr. PALAZZO, and Mrs. BLACKBURN) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Budget, 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 amend the Balanced Budget and Emergency Deficit Control Act of 1985 to modify the discretionary spending 

limits to take into account savings resulting from the 

reduction in the number of Federal employees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Down Payment to Pro3 tect National Security Act of 2011’’. 

4 SEC. 2. REDUCTION IN THE NUMBER OF FEDERAL EMPLOY5 EES. 

6 (a) DEFINITION.—In this section, the term ‘‘agency’’ 

7 means an executive agency as defined under section 105 

8 of title 5, United States Code. 

9 (b) DETERMINATION OF NUMBER OF EMPLOYEES.— 

10 Not later than 60 days after the date of enactment of this 

11 Act, the Director of the Office of Management and Budget 

12 shall determine the number of full-time employees em13 ployed in each agency. The head of each agency shall co14 operate with the Director of the Office of Management 

15 and Budget in making the determinations. 

16 (c) REPLACEMENT HIRE RATE.— 

17 (1) IN GENERAL.—During the period described 

18 under paragraph (2), the head of each agency may 

19 hire no more than 1 employee in that agency for 

20 every 3 employees who leave employment in that 

21 agency. 

22 (2) PERIOD OF REPLACEMENT HIRE RATE.— 

23 Paragraph (1) shall apply to each agency during the 

24 period beginning 60 days after the date of enact25 ment of this Act through the date on which the Di26 rector of the Office of Management and Budget 


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1 makes a determination that the number of full-time 

2 employees employed in that agency is 10 percent less 

3 than the number of full-time employees employed in 

4 that agency determined under subsection (a). 

5 (d) WAIVERS.—This section may be waived upon a 

6 determination by the President that— 

7 (1) the existence of a state of war or other na8 tional security concern so requires; or 

9 (2) the existence of an extraordinary emergency 

10 threatening life, health, public safety, property, or 

11 the environment so requires. 

12 SEC. 3. REDUCTION OF DISCRETIONARY SPENDING LIMITS 

13 TO ACHIEVE SAVINGS FROM FEDERAL EM14 PLOYEE PROVISIONS. 

15 Section 251(c) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985 is amended to read as 

17 follows: 

18 ‘‘(c) DISCRETIONARY SPENDING LIMIT.—As used in 

19 this part, the term ‘discretionary spending limit’ means— 

20 ‘‘(1) with respect to fiscal year 2012— 

21 ‘‘(A) for the security category, 

22 $684,000,000,000 in new budget authority; and 

23 ‘‘(B) for the nonsecurity category, 

24 $359,000,000,000 in new budget authority; 

25 ‘‘(2) with respect to fiscal year 2013— 


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1 ‘‘(A) for the security category, 

2 $686,000,000,000 in new budget authority; and 

3 ‘‘(B) for the nonsecurity category, 

4 $361,000,000,000 in new budget authority; 

5 ‘‘(3) with respect to fiscal year 2014, for the 

6 discretionary category, $1,051,000,000,000 in new 

7 budget authority; 

8 ‘‘(4) with respect to fiscal year 2015, for the 

9 discretionary category, $1,070,000,000,000 in new 

10 budget authority; 

11 ‘‘(5) with respect to fiscal year 2016, for the 

12 discretionary category, $1,091,000,000,000 in new 

13 budget authority; 

14 ‘‘(6) with respect to fiscal year 2017, for the 

15 discretionary category, $1,115,000,000,000 in new 

16 budget authority; 

17 ‘‘(7) with respect to fiscal year 2018, for the 

18 discretionary category, $1,141,000,000,000 in new 

19 budget authority; 

20 ‘‘(8) with respect to fiscal year 2019, for the 

21 discretionary category, $1,166,000,000,000 in new 

22 budget authority; 

23 ‘‘(9) with respect to fiscal year 2020, for the 

24 discretionary category, $1,192,000,000,000 in new 

25 budget authority; and 


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1 ‘‘(10) with respect to fiscal year 2021, for the 

2 discretionary category, $1,217,000,000,000 in new 

3 budget authority; 

4 as adjusted in strict conformance with subsection (b).’’. 

5 SEC. 4. REDUCTION OF REVISED DISCRETIONARY SPEND6 ING LIMITS TO ACHIEVE SAVINGS FROM FED7 ERAL EMPLOYEE PROVISIONS. 

8 Paragraph (2) of section 251A of the Balanced Budg9 et and Emergency Deficit Control Act of 1985 is amended 

10 to read as follows: 

11 ‘‘(2) REVISED DISCRETIONARY SPENDING LIM12 ITS.—The discretionary spending limits for fiscal 

13 years 2013 through 2021 under section 251(c) shall 

14 be replaced with the following: 

15 ‘‘(A) For fiscal year 2013— 

16 ‘‘(i) for the security category, 

17 $546,000,000,000 in budget authority; and 

18 ‘‘(ii) for the nonsecurity category, 

19 $501,000,000,000 in budget authority. 

20 ‘‘(B) For fiscal year 2014— 

21 ‘‘(i) for the security category, 

22 $551,000,000,000 in budget authority; and 

23 ‘‘(ii) for the nonsecurity category, 

24 $500,000,000,000 in budget authority. 

25 ‘‘(C) For fiscal year 2015— 


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1 ‘‘(i) for the security category, 

2 $560,000,000,000 in budget authority; and 

3 ‘‘(ii) for the nonsecurity category, 

4 $510,000,000,000 in budget authority. 

5 ‘‘(D) For fiscal year 2016— 

6 ‘‘(i) for the security category, 

7 $571,000,000,000 in budget authority; and 

8 ‘‘(ii) for the nonsecurity category, 

9 $520,000,000,000 in budget authority. 

10 ‘‘(E) For fiscal year 2017— 

11 ‘‘(i) for the security category, 

12 $584,000,000,000 in budget authority; and 

13 ‘‘(ii) for the nonsecurity category, 

14 $531,000,000,000 in budget authority. 

15 ‘‘(F) For fiscal year 2018— 

16 ‘‘(i) for the security category, 

17 $598,000,000,000 in budget authority; and 

18 ‘‘(ii) for the nonsecurity category, 

19 $543,000,000,000 in budget authority. 

20 ‘‘(G) For fiscal year 2019— 

21 ‘‘(i) for the security category, 

22 $610,000,000,000 in budget authority; and 

23 ‘‘(ii) for the nonsecurity category, 

24 $556,000,000,000 in budget authority. 

25 ‘‘(H) For fiscal year 2020— 


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1 ‘‘(i) for the security category, 

2 $624,000,000,000 in budget authority; and 

3 ‘‘(ii) for the nonsecurity category, 

4 $568,000,000,000 in budget authority. 

5 ‘‘(I) For fiscal year 2021— 

6 ‘‘(i) for the security category, 

7 $638,000,000,000 in budget authority; and 

8 ‘‘(ii) for the nonsecurity category, 

9 $579,000,000,000 in budget authority.’’. 

10 SEC. 5. CALCULATION OF TOTAL DEFICIT REDUCTION. 

11 Section 251A of the Balanced Budget and Emer12 gency Deficit Control Act of 1985 is amended— 

13 (1) in paragraph (3)(A), by striking 

14 ‘‘$1,200,000,000,000’’ and inserting 

15 ‘‘$1,073,000,000,000’’; 

16 (2) in paragraph (4), by striking ‘‘On January 

17 2, 2013, for fiscal year 2013, and in’’ and inserting 

18 ‘‘In’’; 

19 (3) in paragraphs (5) and (6), by striking 

20 ‘‘2013’’ each place it appears and inserting ‘‘2014’’; 

21 and 

22 (4) in paragraph (7), by striking subparagraph 

23 (A) and by striking ‘‘(B) FISCAL YEARS 2014-2021.— 

24 ’’, moving the remaining text 2 ems to the left, and 


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1 redesignating clauses (i) and (ii) as subparagraphs 

2 (A) and (B), respectively. 

Æ 


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