Down Payment to Protect National Security Act of 2013 - Expresses the sense of Congress that: (1) full sequestration must be averted, (2) balanced deficit reduction must include substantive reductions in mandatory spending, and (3) any plan to avert sequestration and provide time for political negotiations on a balanced deficit reduction package must use additional savings that do not increase the risk to military personnel or degrade the capabilities of the Armed Forces by reshaping the federal civilian workforce without furloughs.
Requires the Director of the Office of Management and Budget (OMB) to determine the number of full-time employees employed in each federal agency. Prohibits a federal agency head from hiring more than 1 employee for every 3 full-time employees who leave employment in such agency until the OMB Director makes a determination that the number of full-time federal employees is 10% less than the initial level as determined by OMB. Allows a waiver of such workforce limitation by the President for national security reasons or in the case of an extraordinary emergency.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as amended by the Budget Control Act of 2011, to offset mandatory sequestration in security and nonsecurity categories with revenues resulting from reductions in the federal workforce and the pay freeze under this Act.
Authorizes the Secretary of Defense (DOD) to transfer amounts appropriated for DOD by the Continuing Appropriations Resolution (P.L. 112-175) among accounts of DOD.
Prohibits a cost-of-living adjustment to the pay of Members of Congress in any year in which there is a budget deficit.
[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>
Introduced in House
Introduced in House
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.
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.
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.
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.
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