II 112th CONGRESS 2d Session S. 2065 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.

Short title

This Act may be cited as the Down Payment to Protect National Security Act of 2012.

2.

Reduction in the number of Federal employees

(a)

Definition

In this section, the term agency has the meaning given the term Executive agency 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 2 employees 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 5 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.

3.

Extension of pay freeze for Federal employees

(a)

In general

Section 147 of the Continuing Appropriations Act, 2011 (Public Law 111–242; 5 U.S.C. 5303 note) is amended— (1)in subsection (b)(1), by striking December 31, 2012 and inserting June 30, 2014; and (2)in subsection (c), by striking December 31, 2012 and inserting June 30, 2014. (b)

Clarification that freeze applies to 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) during the period beginning on the first day of the first pay period beginning on or after February 1, 2013 and ending on June 30, 2014.

4.

Reduction of revised discretionary spending limits to achieve savings from Federal employee provisions

Paragraph (2) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended to read as follows: (2)

Revised discretionary spending limits

The discretionary spending limits for fiscal years 2013 through 2021 under section 251(c) shall be replaced with the following: (A)For fiscal year 2013— (i)for the revised security category, $546,000,000,000 in budget authority; and (ii)for the revised nonsecurity category, $501,000,000,000 in budget authority. (B)For fiscal year 2014— (i)for the revised security category, $551,000,000,000 in budget authority; and (ii)for the revised nonsecurity category, $500,000,000,000 in budget authority. (C)For fiscal year 2015— (i)for the revised security category, $560,000,000,000 in budget authority; and (ii)for the revised nonsecurity category, $510,000,000,000 in budget authority. (D)For fiscal year 2016— (i)for the revised security category, $571,000,000,000 in budget authority; and (ii)for the revised nonsecurity category, $520,000,000,000 in budget authority. (E)For fiscal year 2017— (i)for the revised security category, $584,000,000,000 in budget authority; and (ii)for the revised nonsecurity category, $531,000,000,000 in budget authority. (F)For fiscal year 2018— (i)for the revised security category, $598,000,000,000 in budget authority; and (ii)for the revised nonsecurity category, $543,000,000,000 in budget authority. (G)For fiscal year 2019— (i)for the revised security category, $610,000,000,000 in budget authority; and (ii)for the revised nonsecurity category, $556,000,000,000 in budget authority. (H)For fiscal year 2020— (i)for the revised security category, $624,000,000,000 in budget authority; and (ii)for the revised nonsecurity category, $568,000,000,000 in budget authority. (I)For fiscal year 2021— (i)for the revised security category, $638,000,000,000 in budget authority; and (ii)for the revised nonsecurity category, $579,000,000,000 in budget authority. .

5.

Calculation of total deficit reduction

Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended— (1)in paragraph (3)— (A)in subparagraph (A), by striking $1,200,000,000,000 and inserting $1,073,000,000,000; and (B)in subparagraph (D), by striking by 9 and inserting by 8; (2)in paragraph (4), by striking On January 2, 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)— (A)by striking reductions.— and all that follows through Fiscal years 2014-2021.—On the date and inserting reductions.—On the date; and (B)by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margin accordingly.