II 

112TH CONGRESS 

2D SESSION S. 2065 

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 and 

extending the pay freeze for Federal employees. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2012 

Mr. KYL (for himself, Mr. MCCAIN, Mr. CORNYN, Mr. GRAHAM, Mr. RUBIO, 

Ms. AYOTTE, and Mr. THUNE) introduced the following bill; which was 

read twice and referred to the Committee on the Budget 

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 and extending the pay freeze for Federal employees. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Down Payment to Pro5 tect National Security Act of 2012’’. 


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1 SEC. 2. REDUCTION IN THE NUMBER OF FEDERAL EMPLOY2 EES. 

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

4 has the meaning given the term ‘‘Executive agency’’ under 

5 section 105 of title 5, United States Code. 

6 (b) DETERMINATION OF NUMBER OF EMPLOYEES.— 

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

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

9 shall determine the number of full-time employees em10 ployed in each agency. The head of each agency shall co11 operate with the Director of the Office of Management 

12 and Budget in making the determinations. 

13 (c) REPLACEMENT HIRE RATE.— 

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

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

16 hire no more than 2 employees in that agency for 

17 every 3 employees who leave employment in that 

18 agency. 

19 (2) PERIOD OF REPLACEMENT HIRE RATE.— 

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

21 period beginning 60 days after the date of enact22 ment of this Act through the date on which the Di23 rector of the Office of Management and Budget 

24 makes a determination that the number of full-time 

25 employees employed in that agency is 5 percent less 


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1 than the number of full-time employees employed in 

2 that agency determined under subsection (a). 

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

4 determination by the President that— 

5 (1) the existence of a state of war or other na6 tional security concern so requires; or 

7 (2) the existence of an extraordinary emergency 

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

9 the environment so requires. 

10 SEC. 3. EXTENSION OF PAY FREEZE FOR FEDERAL EM11 PLOYEES. 

12 (a) IN GENERAL.—Section 147 of the Continuing 

13 Appropriations Act, 2011 (Public Law 111–242; 5 U.S.C. 

14 5303 note) is amended— 

15 (1) in subsection (b)(1), by striking ‘‘December 

16 31, 2012’’ and inserting ‘‘June 30, 2014’’; and 

17 (2) in subsection (c), by striking ‘‘December 31, 

18 2012’’ and inserting ‘‘June 30, 2014’’. 

19 (b) CLARIFICATION THAT FREEZE APPLIES TO

20 MEMBERS OF CONGRESS.—Notwithstanding any other 

21 provision of law, no adjustment shall be made under sec22 tion 601(a) of the Legislative Reorganization Act of 1946 

23 (2 U.S.C. 31) (relating to cost of living adjustments for 

24 Members of Congress) during the period beginning on the 


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1 first day of the first pay period beginning on or after Feb2 ruary 1, 2013 and ending on June 30, 2014. 

3 SEC. 4. REDUCTION OF REVISED DISCRETIONARY SPEND4 ING LIMITS TO ACHIEVE SAVINGS FROM FED5 ERAL EMPLOYEE PROVISIONS. 

6 Paragraph (2) of section 251A of the Balanced Budg7 et and Emergency Deficit Control Act of 1985 (2 U.S.C. 

8 901a) is amended to read as follows: 

9 ‘‘(2) REVISED DISCRETIONARY SPENDING LIM10 ITS.—The discretionary spending limits for fiscal 

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

12 be replaced with the following: 

13 ‘‘(A) For fiscal year 2013— 

14 ‘‘(i) for the revised security category, 

15 $546,000,000,000 in budget authority; and 

16 ‘‘(ii) for the revised nonsecurity cat17 egory, $501,000,000,000 in budget author18 ity. 

19 ‘‘(B) For fiscal year 2014— 

20 ‘‘(i) for the revised security category, 

21 $551,000,000,000 in budget authority; and 

22 ‘‘(ii) for the revised nonsecurity cat23 egory, $500,000,000,000 in budget author24 ity. 

25 ‘‘(C) For fiscal year 2015— 


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1 ‘‘(i) for the revised security category, 

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

3 ‘‘(ii) for the revised nonsecurity cat4 egory, $510,000,000,000 in budget author5 ity. 

6 ‘‘(D) For fiscal year 2016— 

7 ‘‘(i) for the revised security category, 

8 $571,000,000,000 in budget authority; and 

9 ‘‘(ii) for the revised nonsecurity cat10 egory, $520,000,000,000 in budget author11 ity. 

12 ‘‘(E) For fiscal year 2017— 

13 ‘‘(i) for the revised security category, 

14 $584,000,000,000 in budget authority; and 

15 ‘‘(ii) for the revised nonsecurity cat16 egory, $531,000,000,000 in budget author17 ity. 

18 ‘‘(F) For fiscal year 2018— 

19 ‘‘(i) for the revised security category, 

20 $598,000,000,000 in budget authority; and 

21 ‘‘(ii) for the revised nonsecurity cat22 egory, $543,000,000,000 in budget author23 ity. 

24 ‘‘(G) For fiscal year 2019— 


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1 ‘‘(i) for the revised security category, 

2 $610,000,000,000 in budget authority; and 

3 ‘‘(ii) for the revised nonsecurity cat4 egory, $556,000,000,000 in budget author5 ity. 

6 ‘‘(H) For fiscal year 2020— 

7 ‘‘(i) for the revised security category, 

8 $624,000,000,000 in budget authority; and 

9 ‘‘(ii) for the revised nonsecurity cat10 egory, $568,000,000,000 in budget author11 ity. 

12 ‘‘(I) For fiscal year 2021— 

13 ‘‘(i) for the revised security category, 

14 $638,000,000,000 in budget authority; and 

15 ‘‘(ii) for the revised nonsecurity cat16 egory, $579,000,000,000 in budget author17 ity.’’. 

18 SEC. 5. CALCULATION OF TOTAL DEFICIT REDUCTION. 

19 Section 251A of the Balanced Budget and Emer20 gency Deficit Control Act of 1985 (2 U.S.C. 901a) is 

21 amended— 

22 (1) in paragraph (3)— 

23 (A) in subparagraph (A), by striking 

24 ‘‘$1,200,000,000,000’’ and inserting 

25 ‘‘$1,073,000,000,000’’; and 


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1 (B) in subparagraph (D), by striking ‘‘by 

2 9’’ and inserting ‘‘by 8’’; 

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

4 2, 2013, for fiscal year 2013, and in’’ and inserting 

5 ‘‘In’’; 

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

7 ‘‘2013’’ each place it appears and inserting ‘‘2014’’; 

8 and 

9 (4) in paragraph (7)— 

10 (A) by striking ‘‘REDUCTIONS.—’’ and all 

11 that follows through ‘‘FISCAL YEARS 2014- 

12 2021.—On the date’’ and inserting ‘‘REDUC13 TIONS.—On the date’’; and 

14 (B) by redesignating clauses (i) and (ii) as 

15 subparagraphs (A) and (B), respectively, and 

16 adjusting the margin accordingly. 

Æ 


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