(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
National Security and Job Protection Act - Makes the effective date of this Act contingent upon enactment of: (1) the reconciliation Act with certain spending reductions for a specified deficit reduction contemplated by H.Con.Res. 112, as passed by the House of Representatives on March 16, 2012; or (2) similar legislation that achieves outlay reductions within five years after enactment that equal or exceed specified outlay reductions flowing from the budget authority reductions required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as in force immediately before enactment of this Act, as it applies to direct spending in the defense function for FY2013 combined with the outlay reductions flowing from the across-the-board decrease in discretionary spending made by this Act.
Amends the Gramm-Rudman-Hollings Act to abolish the distinction between security and nonsecurity categories of discretionary spending for new budget authority in FY2013. Combines the dollar amounts of the current categories ($686 billion for the security category and $361 billion for the nonsecurity category) into a single amount of $1.047 trillion in new budget authority.
Revises sequestration requirements for FY2013 to require a $19.104 billion across-the-board decrease in the discretionary spending category as of January 2, 2013.
Directs the Office of Management and Budget (OMB) to issue a supplemental sequestration report for FY2013 to eliminate any discretionary spending breach of the $1.047 trillion spending limit, as adjusted by the $19.104 billion across-the-board reduction requirement of this Act. Directs the President to issue an order to eliminate the breach, if any, identified in such report.
Nullifies any sequestration order the President may issue under the Gramm-Rudman-Hollings Act to carry out reductions to direct spending for the FY2013 defense function (050).
Provides that, if the legislation referred to above is enacted and achieves the outlay reductions specified, and those reductions exceed the outlay reductions flowing from the spending budget authority reductions required by the Gramm-Rudman-Hollings Act, the direct spending reductions for the nonsecurity category for FY2013 (otherwise required to be reduced) shall be reduced by the difference.
Requires the President by October 15, 2012, to transmit to Congress a legislative proposal that meets such requirements.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6365 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6365
To amend the Balanced Budget and Emergency Deficit Control Act of 1985
to replace the sequester established by the Budget Control Act of 2011.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2012
Mr. West introduced the following bill; which was referred to the
Committee on the Budget
_______________________________________________________________________
A BILL
To amend the Balanced Budget and Emergency Deficit Control Act of 1985
to replace the sequester established by the Budget Control Act of 2011.
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 ``National Security and Job Protection
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Current law requires that there be across-the-board
cuts, known as a ``sequester'', imposed on January 2, 2013. The
sequester will result in a 10 percent reduction in non-military
personnel programs of the Department of Defense and an 8
percent reduction in certain domestic programs, such as the
National Institutes of Health (NIH) and border security.
(2) Intended as a mechanism to force action, there is
bipartisan agreement that the sequester going into place would
undercut key responsibilities of the Federal Government.
(3) As the Administration stated in its fiscal year 2013
budget request, ``[Sequestration] would lead to significant
cuts to critical domestic programs such as education and
research and cuts to defense programs that could undermine our
national security. . . . [C]uts of this magnitude done in an
across-the-board fashion would be devastating both to defense
and non-defense programs.'' (The Budget of the United States
Government, Fiscal Year 2013, p. 24, February 13, 2012).
(4) On March 29, 2012, The House of Representatives passed
H. Con. Res. 112, the budget resolution for fiscal year 2013,
which includes 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 direct spending by $310 billion through fiscal year
2022.
(6) An analysis of the impact of the sequestration prepared
for the Chairman of the House Armed Services Committee found
that if left in place, sequestration would cut the military to
its smallest size since before the Second World War, all while
we are still a nation at war in Afghanistan, facing increased
threats from Iran and North Korea, unrest in the Middle East,
and a rising China.
(7) Major consequences identified by the House Armed
Services Committee include the following:
(A) 200,000 soldiers and Marines separated from
service, bringing our force well below our pre-9/11
levels.
(B) Ability to respond to contingencies in North
Korea or Iran at jeopardy.
(C) The smallest ground force since 1940.
(D) A fleet of fewer than 230 ships, the smallest
level since 1915.
(E) The smallest tactical fighter force in the
history of the Air Force.
(F) Our nuclear triad that has kept the U.S. and 30
of our allies safe for decades will be in jeopardy.
(G) Reductions of 20 percent in defense civilian
personnel.
(H) Two BRAC rounds of base closings. (House Armed
Services Committee memo entitled ``Assessment of
Impacts of Budget Cuts'', September 22, 2011).
(8) Secretary Panetta and the professional military
leadership have also looked at the impact of sequestration and
reached similar conclusions.
(9) Secretary Panetta stated, ``If the maximum
sequestration is triggered, the total cut will rise to about $1
trillion compared with the FY 2012 plan. The impacts of these
cuts would be devastating for the Department. . . Facing such
large reductions, we would have to reduce the size of the
military sharply. Rough estimates suggest after ten years of
these cuts, we would have the smallest ground force since 1940,
the smallest number of ships since 1915, and the smallest Air
Force in its history.'' (Secretary Panetta, Letter to Senator
John McCain, November 14, 2011).
(10) General Dempsey, Chairman of the Joint Chiefs of
Staff, stated, ``[S]equestration leaves me three places to go
to find the additional money: operations, maintenance, and
training. That's the definition of a hollow force.''.
(11) The individual branch service chiefs echoed General
Dempsey:
(A) ``Cuts of this magnitude would be catastrophic
to the military. . .My assessment is that the nation
would incur an unacceptable level of strategic and
operational risk.'' - General Ray T. Odierno, Chief Of
Staff, United States Army.
(B) ``A severe and irreversible impact on the
Navy's future'' - Admiral Jonathan W. Greenert, Chief
of Naval Operations.
(C) ``A Marine Corps below the end strength that's
necessary to support even one major contingency,'' -
General James F. Amos, Commandant of the Marine Corps.
(D) ``Even the most thoroughly deliberated strategy
may not be able to overcome dire consequences,'' -
General Norton A. Schwartz, Chief of Staff, United
States Air Force (Testimony of Service Chief before
House Armed Services Committee, November 2, 2011).
(12) According to an analysis by the House Appropriations
Committee, the sequester will also have a significant impact on
non-defense discretionary programs, including the following:
(A) Automatically reducing Head Start by $650
million, resulting in 75,000 fewer slots for children
in the program.
(B) Automatically reducing the National Institutes
of Health (NIH) by $2.4 billion, an amount equal to
nearly half of total NIH spending on cancer this year.
(C) A reduction of approximately 1,870 Border
Patrol Agents (a reduction of nearly 9 percent of the
total number of agents).
(13) Beyond the negative impacts sequestration will have on
defense readiness, it will also undermine the industrial base
needed to equip our armed forces with the weapons and
technology they need to complete their mission. A study
released by the National Association of Manufacturers suggests
that 1.1 million workers in the supply chain could be adversely
affected, including 3.4 percent of workers in the aerospace
industry, 3.3 percent of the workforce in the shipbuilding
industry and 10 percent of the workers in the search and
navigation equipment industry.
SEC. 3. CONDITIONAL REPLACEMENT FOR FY 2013 SEQUESTER.
(a) Contingent Effective Date.--This section and the amendments
made by it shall take effect upon the enactment of--
(1) the Act contemplated in section 201 of H. Con. Res. 112
(112th Congress) that achieves at least the deficit reduction
called for in such section for such periods; or
(2) similar legislation that achieves outlay reductions
within five years after the date of enactment that equal or
exceed the outlay reductions flowing from the budget authority
reductions mandated by sections 251A(7)(A) and 251A(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
in force immediately before the date of enactment of this Act,
as it applies to direct spending in the defense function for
fiscal year 2013 combined with the outlay reductions flowing
from the amendment to section 251A(7)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 made by
subsection (c) of this section.
(b) Revised 2013 Discretionary Spending Limit.--Paragraph (2) of
section 251(c) of the Balanced Budget and Emergency Deficit Control Act
of 1985 is amended to read as follows:
``(2) with respect to fiscal year 2013, for the
discretionary category, $1,047,000,000,000 in new budget
authority;''.
(c) Discretionary Savings.--Section 251A(7)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended to read as
follows:
``(A) Fiscal year 2013.--
``(i) Fiscal year 2013 adjustment.--On
January 2, 2013, the discretionary category set
forth in section 251(c)(2) shall be decreased
by $19,104,000,000 in budget authority.
``(ii) Enforcement of discretionary
spending caps.--OMB shall issue a supplemental
report consistent with the requirements set
forth in section 254(f)(2) for fiscal year 2013
using the procedures set forth in section
253(f) on April 15, 2013, to eliminate any
discretionary spending breach of the spending
limit set forth in section 251(c)(2) as
adjusted by clause (i), and the President shall
issue an order to eliminate the breach, if any,
identified in such report.''.
(d) Elimination and Conditional Replacement of the Fiscal Year 2013
Sequestration for Direct Spending.--
(1) Elimination.--Any sequestration order issued by the
President under the Balanced Budget and Emergency Deficit
Control Act of 1985 to carry out reductions to direct spending
for the defense function (050) for fiscal year 2013 pursuant to
section 251A of such Act shall have no force or effect.
(2) Conditional replacement.--To the extent that
legislation enacted pursuant to section 3(a)(2) achieves outlay
reductions that exceed the outlay reductions flowing from the
budget authority reductions required in section 251A(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
in force immediately before the date of enactment of this Act,
the direct spending reductions for the nonsecurity category for
fiscal year 2013 otherwise required to be ordered pursuant to
such section shall be reduced by that amount, and Congress so
designates for such purpose.
SEC. 4. PRESIDENTIAL SUBMISSION.
Not later than October 15, 2012, the President shall transmit to
Congress a legislative proposal that meets the requirements of section
3(a)(2) of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Budget.
Considered under the provisions of rule H. Res. 778. (consideration: CR H5956-5969)
The rule provides for consideration of H.J. Res. 117 and H.R. 6365, under a closed rule for both measures. Each are debatable for one hour. In both cases all points of order against provisions in the measure are waived, and in each case, one motion to recommit, with or without instructions is made in order.
DEBATE - The House proceeded with one hour of debate on H.R. 6365.
The previous question was ordered pursuant to the rule. (consideration: CR H5956-5969)
Mr. Van Hollen moved to recommit with instructions to The Budget. (consideration: CR H5967-5969; text: CR H5967)
DEBATE - The House proceeded with 10 minutes of debate on the Van Hollen motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to strike sections 3 and 4 in the bill and replace with a new section outlining conditional elimination of sequestration and requirements of deficet reduction legislation.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5968)
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On motion to recommit with instructions Failed by the Yeas and Nays: 170 - 247 (Roll no. 576).
Roll Call #576 (House)Passed/agreed to in House: On passage Passed by recorded vote: 223 - 196 (Roll no. 577).(text: CR H5957)
Roll Call #577 (House)On passage Passed by recorded vote: 223 - 196 (Roll no. 577). (text: CR H5957)
Roll Call #577 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Budget.