```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 593 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 593

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

                            February 8, 2013

  Mr. McKeon (for himself, Mrs. Hartzler, Mr. Brooks of Alabama, Mr. 
 Hunter, Mr. Thornberry, Mrs. Walorski, Mr. Wilson of South Carolina, 
Mr. Rigell, Mr. Jones, Mr. Conaway, Mr. Franks of Arizona, Mr. Turner, 
  Mr. Miller of Florida, Mr. Palazzo, Mrs. Noem, Mr. Austin Scott of 
  Georgia, Mr. Heck of Nevada, Mr. Runyan, Mr. Salmon, Mr. Bishop of 
 Utah, Mr. LoBiondo, Mr. Rogers of Alabama, Mr. Coffman, Mr. Shuster, 
and Mr. Kline) introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committees on the Budget, House Administration, and Appropriations, 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Down Payment to Protect National 
Security Act of 2013''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) On April 13, 2011, in a speech at George Washington 
        University, the President outlined his plan to further reduce 
        military spending by $400 billion through fiscal year 2023.
            (2) On August 2, 2011, the President signed into law, S. 
        365, the Budget Control Act of 2011, which reduced 
        discretionary spending and established a sequestration 
        effective January 2, 2013, pursuant to the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings 
        Act) in the event that additional deficit reduction could not 
        be found. To this end, the Budget Control Act of 2011 also 
        established a Joint Select Committee on Deficit Reduction 
        charged with identifying $1.2 trillion in additional savings by 
        November, 2011.
            (3) The Joint Select Committee on Deficit Reduction was 
        unable to reach an agreement, which resulted in new spending 
        caps for national defense for fiscal year 2013.
            (4) On March 29, 2012, the House of Representatives passed 
        H. Con. Res. 112, the budget resolution for fiscal year 2013, 
        which included reconciliation instructions directing House 
        Committees to craft legislation that would achieve the savings 
        required to replace the sequestration called for in fiscal year 
        2013, as established by the Budget Control Act of 2011.
            (5) On May 10, 2012, the House of Representatives passed 
        H.R. 5652, the Sequestration Replacement Reconciliation Act of 
        2012, which would replace the $98 billion sequestration of 
        discretionary spending called for in 2013, as established by 
        the Budget Control Act of 2011, by making changes in law to 
        reduce mandatory spending by $310 billion through fiscal year 
        2022.
            (6) Acting Director of the Office of Management and Budget, 
        Jeffery Zients, testified before the House Armed Services 
        Committee on August 1, 2012, ``Sequestration, by design, is bad 
        policy, and Congress should pass balanced deficit reduction to 
        avoid it.''.
            (7) On August 7, 2012, the President signed into law, H.R. 
        5872, the Sequestration Transparency Act of 2012, which 
        required the President to submit to Congress a detailed report 
        on the implementation of the sequestration for fiscal year 2013 
        by September 6, 2012. The President failed to submit the report 
        by the due date and the report did not provide a detailed 
        assessment of potential impacts of sequestration, stating 
        instead that, ``no amount of planning can mitigate the 
        significant impact of the sequestration''.
            (8) On September 11, 2012, Bob Woodward released ``The 
        Price of Politics'', documenting the origins of sequestration 
        in the Budget Control Act of 2011 negotiations, stating, 
        ``[Jack] Lew, [Rob] Nabors, [Gene] Sperling and Bruce Reed, 
        Biden's chief of staff, had finally decided to propose using 
        language from the 1985 Gramm-Rudman-Hollings deficit reduction 
        law as the model for the trigger. . . . It would require a 
        sequester with half the cuts from Defense, and the other half 
        from domestic programs. There would be no chance the 
        Republicans would want to pull the trigger and allow the 
        sequester to force massive cuts to Defense.''.
            (9) On October 22, 2012, referring to the upcoming 
        implementation of sequestration on the U.S. military, the 
        President said, ``it will not happen''.
            (10) On January 2, 2013, the President signed into law, 
        H.R. 8, the American Taxpayer Relief Act of 2012, which moved 
        the effective date of the sequestration to March 1, 2013. Fifty 
        percent of the required offset was generated through tax 
        increases, while 25 percent came from additional cuts to 
        defense discretionary spending and the remaining 25 percent 
        from domestic discretionary spending. No reduction to mandatory 
        spending was included in H.R. 8.
            (11) To date, Congress has enacted and the President has 
        signed into law $1.1 trillion in discretionary spending cuts, 
        plus an additional $600 billion in tax increases, with no 
        spending reductions in mandatory programs.
            (12) Should sequestration occur on March 1, 2013, an 
        additional $800 billion in across the board defense and 
        domestic discretionary cuts will be applied over a 9-year 
        period, with negligible reductions in mandatory spending.
            (13) On January 14, 2013, all seven members of the Joint 
        Chiefs of Staff signed a letter to the congressional defense 
        committees stating, ``Should this looming readiness crisis be 
        left unaddressed, we will have to ground aircraft, return ships 
        to port, and stop driving combat vehicles in training. Training 
        will be reduced by almost half of what we were planning just 
        three months ago. . . . We will also be unable to reset and 
        restore the force's full-spectrum combat capability after over 
        a decade of hard fighting in Iraq and Afghanistan. . . . Under 
        current budgetary uncertainty, we are at grave risk of an 
        imposed mismatch between the size of our Nation's military 
        force and the funding required to maintain its readiness, which 
        will inevitably lead to a hollow force.''.
            (14) The Joint Chiefs of Staff further stated, ``We are 
        also now planning for the potential to furlough up to nearly 
        800,000 defense civilians who are essential to critical 
        functions like maintenance, intelligence, logistics, 
        contracting, and health care.''.
            (15) On January 28, 2013, the Vice Chairman of the Joint 
        Chiefs of Staff stated ``I know of no other time in history 
        when we have come potentially down this far, this fast, in the 
        defense budget. . . . There could be, for the first time in my 
        career, instances where we may be asked to respond to a crisis 
        and we will have to say that we cannot.''.
            (16) On February 5, 2013, the President proposed to further 
        delay the sequestration using the same model adopted in H.R. 8, 
        the American Taxpayer Relief Act of 2012, 50 percent through 
        tax increases, 25 percent through additional cuts to defense 
        discretionary, and 25 percent through additional cuts to 
        domestic discretionary programs. For fiscal year 2013, the 
        President's proposal would result in an additional $21 billion 
        cut to the military.
    (b) Sense of Congress.--It is the sense of Congress that:
            (1) Full sequestration is a failed Administration policy 
        that must be averted.
            (2) Without growing the economy and reducing the rate of 
        growth in mandatory spending programs, the United States will 
        continue to run deficits, even if defense and domestic 
        discretionary programs were defunded in their entirety.
            (3) Having enacted defense and domestic discretionary 
        spending reductions and raised taxes, truly balanced deficit 
        reduction must include substantive reductions in mandatory 
        spending.
            (4) The President's short term plan to avert sequestration 
        lacks balance and would continue to raise taxes and slash 
        defense and domestic discretionary spending, exacerbating the 
        readiness crisis described by the Joint Chiefs of Staff, rather 
        than addressing the drivers of our debt.
            (5) Secretary Panetta was correct in his assessment of 
        January 10, 2013 that the civilian furloughs resulting from 
        full sequestration would also, ``. . . further harm our 
        readiness and create hardship on them and their families. In a 
        word--in a word, we would be forced to . . . hollow out the 
        defense force of this nation.''.
            (6) Any plan to avert sequestration and provide additional 
        time for political negotiations on a truly balanced deficit 
        reduction package must use additional savings that do not 
        increase the risk to military personnel or degrade the 
        readiness or capabilities of our Armed Forces. This goal can be 
        achieved by providing tools to reshape the Federal civilian 
        workforce without furloughs.

SEC. 3. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.

    (a) Definition.--In this section, the term ``agency'' means an 
executive agency as defined under section 105 of title 5, United States 
Code.
    (b) Determination of Number of Employees.--Not later than 60 days 
after the date of enactment of this Act, the Director of the Office of 
Management and Budget shall determine the number of full-time employees 
employed in each agency. The head of each agency shall cooperate with 
the Director of the Office of Management and Budget in making the 
determinations.
    (c) Replacement Hire Rate.--
            (1) In general.--During the period described under 
        paragraph (2), the head of each agency may hire no more than 1 
        employee in that agency for every 3 employees who leave 
        employment in that agency.
            (2) Period of replacement hire rate.--Paragraph (1) shall 
        apply to each agency during the period beginning 60 days after 
        the date of enactment of this Act through the date on which the 
        Director of the Office of Management and Budget makes a 
        determination that the number of full-time employees employed 
        in that agency is 10 percent less than the number of full-time 
        employees employed in that agency determined under subsection 
        (a).
    (d) Waivers.--This section may be waived upon a determination by 
the President that--
            (1) the existence of a state of war or other national 
        security concern so requires; or
            (2) the existence of an extraordinary emergency threatening 
        life, health, public safety, property, or the environment so 
        requires.

SEC. 4. REDUCTION OF DISCRETIONARY SPENDING LIMITS TO ACHIEVE SAVINGS 
              FROM FEDERAL EMPLOYEE PROVISIONS.

    Paragraphs (2) through (10) of section 251(c) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 are amended to read as 
follows:
            ``(2) with respect to fiscal year 2013, for the 
        discretionary category, $1,043,000,000,000 in new budget 
        authority;
            ``(3) with respect to fiscal year 2014--
                    ``(A) for the security category, $549,000,000,000 
                in budget authority; and
                    ``(B) for the nonsecurity category, 
                $500,000,000,000 in budget authority;
            ``(4) with respect to fiscal year 2015--
                    ``(A) for the security category, $562,000,000,000 
                in budget authority; and
                    ``(B) for the nonsecurity category, 
                $514,000,000,000 in budget authority;
            ``(5) with respect to fiscal year 2016--
                    ``(A) for the security category, $573,000,000,000 
                in budget authority; and
                    ``(B) for the nonsecurity category, 
                $523,000,000,000 in budget authority;
            ``(6) with respect to fiscal year 2017--
                    ``(A) for the security category, $586,000,000,000 
                in budget authority; and
                    ``(B) for the nonsecurity category, 
                $534,000,000,000 in budget authority;
            ``(7) with respect to fiscal year 2018--
                    ``(A) for the security category, $599,000,000,000 
                in budget authority; and
                    ``(B) for the nonsecurity category, 
                $546,000,000,000 in budget authority;
            ``(8) with respect to fiscal year 2019--
                    ``(A) for the security category, $612,000,000,000 
                in budget authority; and
                    ``(B) for the nonsecurity category, 
                $559,000,000,000 in budget authority;
            ``(9) with respect to fiscal year 2020--
                    ``(A) for the security category, $626,000,000,000 
                in budget authority; and
                    ``(B) for the nonsecurity category, 
                $571,000,000,000 in budget authority; and
            ``(10) with respect to fiscal year 2021--
                    ``(A) for the security category, $640,000,000,000 
                in budget authority; and
                    ``(B) for the nonsecurity category, 
                $583,000,000,000 in budget authority;''.

SEC. 5. CALCULATION OF TOTAL DEFICIT REDUCTION.

    Section 251A of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended--
            (1)(A) in paragraph (3)(A), by striking 
        ``$1,200,000,000,000'' and inserting ``$1,091,000,000,000'' and 
        in paragraph (3)(D), by striking ``9'' and inserting ``8''; and
            (B) in paragraph (3)(C), by inserting ``and'' after the 
        semicolon, in paragraph (3)(D) by striking ``; and'' and 
        inserting a period, and by striking paragraph (3)(E);
            (2) in paragraph (4), by striking ``On March 1, 2013, for 
        fiscal year 2013, and in'' and inserting ``In'';
            (3) in paragraphs (5) and (6), by striking ``2013'' each 
        place it appears and inserting ``2014''; and
            (4) in paragraph (7), by striking subparagraph (A) and by 
        striking ``(B) Fiscal years 2014-2021.--'', moving the 
        remaining text 2 ems to the left, and redesignating clauses (i) 
        and (ii) as subparagraphs (A) and (B), respectively.

SEC. 6. TRANSFER AUTHORITY FOR FUNDING OF DEPARTMENT OF DEFENSE UNDER 
              CONTINUING RESOLUTION AND SEQUESTER CONSISTENT WITH 
              AMOUNTS AUTHORIZED BY NATIONAL DEFENSE AUTHORIZATION ACT 
              FOR FISCAL YEAR 2013.

    (a) In General.--In accordance with subsection (b), the Secretary 
of Defense may transfer amounts appropriated for the Department of 
Defense by the Continuing Appropriations Resolution (Public Law 112-
175) among accounts of the Department of Defense.
    (b) Transfers Consistent With Amounts Appropriated or Authorized.--
In the event of any transfers under subsection (a), the total amount in 
any account of the Department of Defense that is available for 
obligation and expenditure in fiscal year 2013 shall be consistent 
with, and may not exceed--
            (1) if a regular appropriation Act making appropriations 
        for the Department of Defense for fiscal year 2013 is enacted 
        before the date of the transfer, the level provided for that 
        account for that fiscal year by applicable provisions of such 
        Act; or
            (2) if no such Act is enacted before the date of the 
        transfer, the amount authorized to be appropriated for that 
        account for that fiscal year by applicable provisions of 
        division A of the National Defense Authorization Act for Fiscal 
        Year 2013 (Public Law 112-239).
    (c) Notice to Congress.--Not later than 15 days before any transfer 
under subsection (a), the Secretary of Defense shall submit to the 
congressional defense committees a report setting forth a description 
of the transfer, including the amount of the transfer and the accounts 
from and to which the funds were transferred.
    (d) Transfer Subject to Notification Requirements.--In addition to 
the notice required under subsection (c), a transfer under subsection 
(a) shall be subject to the applicable notification requirements for 
reprogramming in division A of Public Law 112-74.
    (e) Transfer Authority.--The transfer authority provided by 
subsection (a) is in addition to any other transfer authority provided 
by law.
    (f) Definition.--In this section, the term ``congressional defense 
committees'' has the meaning given that term in section 101(a)(16) of 
title 10, United States Code.

SEC. 7. NO COST-OF-LIVING ADJUSTMENTS FOR MEMBERS OF CONGRESS.

    Notwithstanding any other provision of law, no adjustment shall be 
made under section 601(a) of the Legislative Reorganization Act of 1946 
(2 U.S.C. 31) (relating to cost-of-living adjustments for Members of 
Congress) for any fiscal year for which the Congressional Budget Office 
determines there is a Federal budget deficit.
                                 <all>
```