[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 16 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 19
113th CONGRESS
  1st Session
                                 S. 16

                To provide for a sequester replacement.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2013

Mr. Inhofe (for himself and Mr. Toomey) introduced the following bill; 
 which was read twice and placed on the calendar pursuant to the order 
         of February 14, 2013, as modified on February 26, 2013

_______________________________________________________________________

                                 A BILL


 
                To provide for a sequester replacement.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SEQUESTER REPLACEMENT.

    (a) Definitions.--In this section--
            (1) the terms ``account'', ``budgetary resources'', 
        ``discretionary appropriations'', ``direct spending'' and 
        related terms have the meaning given such terms in section 250 
        of the Balanced Budget and Emergency Deficit Control Act of 
        1985;
            (2) the term ``joint resolution'' means only a joint 
        resolution the matter after the resolving clause of which is as 
        follows: ``That Congress disapproves the cancellation of 
        budgetary resources identified in the qualifying sequester 
        replacement plan submitted by the President on ______.'' (the 
        blank space being appropriately filled in); and
            (3) the term ``qualifying sequester replacement plan'' 
        means a plan submitted by the President--
                    (A) not later than March 15, 2013; and
                    (B) that proposes to permanently cancel 
                $85,333,000,000 of budgetary resources available for 
                fiscal year 2013 from any discretionary appropriations 
                or direct spending account, provided--
                            (i) no more than $42,666,500,000 of 
                        budgetary resources shall be cancelled from 
                        defense spending (budget function 050);
                            (ii) any cancellation of budgetary 
                        resources from budget function 050 shall be in 
                        compliance with the policies under and 
                        consistent with amounts authorized in the 
                        National Defense Authorization Act for Fiscal 
                        Year 2013 (Public Law 112-239);
                            (iii) the cancellation of budgetary 
                        resources may not be implemented through 
                        changes to programs or activities contained in 
                        the Internal Revenue Code, or increase 
                        governmental receipts, offsetting collections, 
                        or offsetting receipts;
                            (iv) any cancellation of budgetary 
                        resources in an account that is not defense 
                        spending may not be offset against an increase 
                        in another such account; and
                            (v) the proposed cancellation of budgetary 
                        resources shall reduce outlays by not less than 
                        $82,500,000,000 by the end of fiscal year 2018.
    (b) Proposal.--Not later than March 15, 2013, the President shall 
submit to Congress a qualifying sequester replacement plan.
    (c) Joint Resolution of Disapproval.--
            (1) No referral.--A joint resolution shall not be referred 
        to a committee in either House of Congress and shall 
        immediately be placed on the calendar.
            (2) Motion to proceed.--A motion to proceed to a joint 
        resolution is highly privileged in the House of Representatives 
        and is privileged in the Senate and is not debatable. The 
        motion is not subject to a motion to postpone and all points of 
        order against the motion are waived. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order. If a motion to proceed to the consideration of a 
        joint resolution is agreed to, the joint resolution shall 
        remain the unfinished business of the respective House until 
        disposed of.
            (3) Expedited consideration in house of representatives.--
        In the House of Representatives, a joint resolution shall be 
        considered as read. All points of order against a joint 
        resolution and against its consideration are waived. The 
        previous question shall be considered as ordered on the joint 
        resolution to its passage without intervening motion except 2 
        hours of debate equally divided and controlled by the proponent 
        and an opponent. A motion to reconsider the vote on passage of 
        the joint resolution shall not be in order.
            (4) Expedited procedure in senate.--
                    (A) Consideration.--In the Senate, consideration of 
                a joint resolution, and on all debatable motions and 
                appeals in connection therewith, shall be limited to 
                not more than 10 hours, which shall be divided equally 
                between the majority and minority leaders or their 
                designees. A motion further to limit debate is in order 
                and not debatable. An amendment to, or a motion to 
                postpone, or a motion to proceed to the consideration 
                of other business, or a motion to recommit the joint 
                resolution is not in order.
                    (B) Vote on passage.--If the Senate has proceeded 
                to a joint resolution, the vote on passage of the joint 
                resolution shall occur immediately following the 
                conclusion of consideration of the joint resolution, 
                and a single quorum call at the conclusion of the 
                debate if requested in accordance with the rules of the 
                Senate.
                    (C) Rulings of the chair on procedure.--Appeals 
                from the decisions of the Chair relating to the 
                application of the rules of the Senate to the procedure 
                relating to a joint resolution shall be decided without 
                debate.
            (5) Amendment not in order.--A joint resolution considered 
        under this subsection shall not be subject to amendment in 
        either the House of Representatives or the Senate.
            (6) Coordination with action by other house.--If, before 
        passing a joint resolution, one House receives from the other 
        House a joint resolution--
                    (A) the joint resolution of the other House shall 
                not be referred to a committee; and
                    (B) the procedure in the receiving House shall be 
                the same as if no joint resolution had been received 
                from the other House, except that the vote on final 
                passage shall be on the joint resolution of the other 
                House.
            (7) Period.--Subject to subsection (d)(1), Congress may not 
        consider a joint resolution under this subsection after the 
        date that is 7 calendar days after March 15, 2013.
            (8) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and House of Representatives, respectively, and 
                as such it is deemed a part of the rules of each House, 
                respectively, but applicable only with respect to the 
                procedure to be followed in that House in the case of a 
                joint resolution, and it supersedes other rules only to 
                the extent that it is inconsistent with such rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.
    (d) Consideration After Passage.--
            (1) Computation of days.--If Congress passes a joint 
        resolution, the period beginning on the date the President is 
        presented with the joint resolution and ending on the date the 
        President signs, allows to become law without his signature, or 
        vetoes and returns the joint resolution (but excluding days 
        when either House is not in session) shall be disregarded in 
        computing the calendar day period described in subsection 
        (c)(7).
            (2) Veto override.--Debate on a veto message in the House 
        of Representatives and the Senate relating to a joint 
        resolution shall be 1 hour equally divided between the majority 
        and minority leaders or their designees.
    (e) Disapproval.--If a joint resolution is enacted under this 
section--
            (1) the President may not carrying out the proposed 
        cancellation of budgetary resources in the qualifying sequester 
        replacement plan submitted under subsection (b); and
            (2) sequestration shall continue in accordance with the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.).
    (f) Failure to Enact Disapproval.--Effective on the day after the 
end of the calendar day period under subsection (c)(7) (as determined 
in accordance with subsection (d)(1)), if the President has submitted a 
qualifying sequester replacement plan in accordance with subsection (b) 
and a joint resolution of disapproval has not been enacted under this 
section, the President shall--
            (1) cancel any sequestration order issued under section 
        251A of the Balanced Budget and Emergency Deficit Control Act 
        of 1985 (2 U.S.C. 901a); and
            (2) cancel budgetary resources in accordance with the 
        qualifying sequester replacement plan submitted under 
        subsection (b).

SEC. 2. 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.--For fiscal year 2013, in implementing 
sequestration under the Balanced Budget and Emergency Deficit Control 
Act of 1985, the Secretary of Defense may transfer amounts appropriated 
for the Department of Defense by the Continuing Appropriations 
Resolution, 2013 (Public Law 112-175) among accounts of the Department 
of Defense.
    (b) Transfers Consistent With Amounts Authorized by PL 112-239.--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, 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 after 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 will be transferred.
    (d) Transfer Authority.--The transfer authority provided by 
subsection (a) is in addition to any other transfer authority provided 
by law.
    (e) 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.
                                                        Calendar No. 19

113th CONGRESS

  1st Session

                                 S. 16

_______________________________________________________________________

                                 A BILL

                To provide for a sequester replacement.

_______________________________________________________________________

                           February 27, 2013

Read twice and placed on the calendar pursuant to the order of February 
               14, 2013, as modified on February 26, 2013