[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 263 Introduced in Senate (IS)]

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.

    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. 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. 3. 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, $589,000,000,000 
                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. 4. 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. 5. TRANSFER AUTHORITY FOR FUNDING OF DEPARTMENT OF DEFENSE UNDER 
              CONTINUING RESOLUTION 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. 6. 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.
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