II 

113TH CONGRESS 

1ST SESSION S. 263 

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 SENATE OF THE UNITED STATES 

FEBRUARY 7, 2013 

Ms. AYOTTE (for herself, Mr. INHOFE, Mr. MCCAIN, Mr. GRAHAM, Mr. 

THUNE, Mr. RUBIO, Mr. JOHNSON of Wisconsin, and Mr. ROBERTS) 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. 

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 2013’’. 


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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 means an executive agency as defined under section 105 

5 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 1 employee 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 10 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. REDUCTION OF DISCRETIONARY SPENDING LIMITS 

11 TO ACHIEVE SAVINGS FROM FEDERAL EM12 PLOYEE PROVISIONS. 

13 Paragraphs (2) through (10) of section 251(c) of the 

14 Balanced Budget and Emergency Deficit Control Act of 

15 1985 are amended to read as follows: 

16 ‘‘(2) with respect to fiscal year 2013, for the 

17 discretionary category, $1,043,000,000,000 in new 

18 budget authority; 

19 ‘‘(3) with respect to fiscal year 2014— 

20 ‘‘(A) for the security category, 

21 $549,000,000,000 in budget authority; and 

22 ‘‘(B) for the nonsecurity category, 

23 $500,000,000,000 in budget authority; 

24 ‘‘(4) with respect to fiscal year 2015— 


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1 ‘‘(A) for the security category, 

2 $562,000,000,000 in budget authority; and 

3 ‘‘(B) for the nonsecurity category, 

4 $514,000,000,000 in budget authority; 

5 ‘‘(5) with respect to fiscal year 2016— 

6 ‘‘(A) for the security category, 

7 $573,000,000,000 in budget authority; and 

8 ‘‘(B) for the nonsecurity category, 

9 $523,000,000,000 in budget authority; 

10 ‘‘(6) with respect to fiscal year 2017— 

11 ‘‘(A) for the security category, 

12 $589,000,000,000 in budget authority; and 

13 ‘‘(B) for the nonsecurity category, 

14 $534,000,000,000 in budget authority; 

15 ‘‘(7) with respect to fiscal year 2018— 

16 ‘‘(A) for the security category, 

17 $599,000,000,000 in budget authority; and 

18 ‘‘(B) for the nonsecurity category, 

19 $546,000,000,000 in budget authority; 

20 ‘‘(8) with respect to fiscal year 2019— 

21 ‘‘(A) for the security category, 

22 $612,000,000,000 in budget authority; and 

23 ‘‘(B) for the nonsecurity category, 

24 $559,000,000,000 in budget authority; 

25 ‘‘(9) with respect to fiscal year 2020— 


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1 ‘‘(A) for the security category, 

2 $626,000,000,000 in budget authority; and 

3 ‘‘(B) for the nonsecurity category, 

4 $571,000,000,000 in budget authority; and 

5 ‘‘(10) with respect to fiscal year 2021— 

6 ‘‘(A) for the security category, 

7 $640,000,000,000 in budget authority; and 

8 ‘‘(B) for the nonsecurity category, 

9 $583,000,000,000 in budget authority;’’. 

10 SEC. 4. CALCULATION OF TOTAL DEFICIT REDUCTION. 

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

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

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

15 ‘‘$1,091,000,000,000’’ and in paragraph (3)(D), by 

16 striking ‘‘9’’ and inserting ‘‘8’’; and 

17 (B) in paragraph (3)(C), by inserting ‘‘and’’ 

18 after the semicolon, in paragraph (3)(D) by striking 

19 ‘‘; and’’ and inserting a period, and by striking para20 graph (3)(E); 

21 (2) in paragraph (4), by striking ‘‘On March 1, 

22 2013, for fiscal year 2013, and in’’ and inserting 

23 ‘‘In’’; 


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

2 ‘‘2013’’ each place it appears and inserting ‘‘2014’’; 

3 and 

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

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

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

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

8 (A) and (B), respectively. 

9 SEC. 5. TRANSFER AUTHORITY FOR FUNDING OF DEPART10 MENT OF DEFENSE UNDER CONTINUING RES11 OLUTION CONSISTENT WITH AMOUNTS AU12 THORIZED BY NATIONAL DEFENSE AUTHOR13 IZATION ACT FOR FISCAL YEAR 2013. 

14 (a) IN GENERAL.—In accordance with subsection (b), 

15 the Secretary of Defense may transfer amounts appro16 priated for the Department of Defense by the Continuing 

17 Appropriations Resolution (Public Law 112–175) among 

18 accounts of the Department of Defense. 

19 (b) TRANSFERS CONSISTENT WITH AMOUNTS AP20 PROPRIATED OR AUTHORIZED.—In the event of any trans21 fers under subsection (a), the total amount in any account 

22 of the Department of Defense that is available for obliga23 tion and expenditure in fiscal year 2013 shall be consistent 

24 with, and may not exceed— 


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1 (1) if a regular appropriation Act making ap2 propriations for the Department of Defense for fis3 cal year 2013 is enacted before the date of the 

4 transfer, the level provided for that account for that 

5 fiscal year by applicable provisions of such Act; or 

6 (2) if no such Act is enacted before the date of 

7 the transfer, the amount authorized to be appro8 priated for that account for that fiscal year by appli9 cable provisions of division A of the National De10 fense Authorization Act for Fiscal Year 2013 (Pub11 lic Law 112–239). 

12 (c) NOTICE TO CONGRESS.—Not later than 15 days 

13 before any transfer under subsection (a), the Secretary of 

14 Defense shall submit to the congressional defense commit15 tees a report setting forth a description of the transfer, 

16 including the amount of the transfer and the accounts 

17 from and to which the funds were transferred. 

18 (d) TRANSFER SUBJECT TO NOTIFICATION RE19 QUIREMENTS.—In addition to the notice required under 

20 subsection (c), a transfer under subsection (a) shall be 

21 subject to the applicable notification requirements for re22 programming in division A of Public Law 112–74. 

23 (e) TRANSFER AUTHORITY.—The transfer authority 

24 provided by subsection (a) is in addition to any other 

25 transfer authority provided by law. 


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1 (f) DEFINITION.—In this section, the term ‘‘congres2 sional defense committees’’ has the meaning given that 

3 term in section 101(a)(16) of title 10, United States Code. 

4 SEC. 6. NO COST-OF-LIVING ADJUSTMENTS FOR MEMBERS 

5 OF CONGRESS. 

6 Notwithstanding any other provision of law, no ad7 justment shall be made under section 601(a) of the Legis8 lative Reorganization Act of 1946 (2 U.S.C. 31) (relating 

9 to cost-of-living adjustments for Members of Congress) for 

10 any fiscal year for which the Congressional Budget Office 

11 determines there is a Federal budget deficit. 

Æ 


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