II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SEQUESTER REPLACEMENT. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the terms ‘‘account’’, ‘‘budgetary re6 sources’’, ‘‘discretionary appropriations’’, ‘‘direct 

7 spending’’ and related terms have the meaning given 

8 such terms in section 250 of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985; 

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1 (2) the term ‘‘joint resolution’’ means only a 

2 joint resolution the matter after the resolving clause 

3 of which is as follows: ‘‘That Congress disapproves 

4 the cancellation of budgetary resources identified in 

5 the qualifying sequester replacement plan submitted 

6 by the President on llllll.’’ (the blank 

7 space being appropriately filled in); and 

8 (3) the term ‘‘qualifying sequester replacement 

9 plan’’ means a plan submitted by the President— 

10 (A) not later than March 15, 2013; and 

11 (B) that proposes to permanently cancel 

12 $85,333,000,000 of budgetary resources avail13 able for fiscal year 2013 from any discretionary 

14 appropriations or direct spending account, pro15 vided— 

16 (i) no more than $42,666,500,000 of 

17 budgetary resources shall be cancelled from 

18 defense spending (budget function 050); 

19 (ii) any cancellation of budgetary re20 sources from budget function 050 shall be 

21 in compliance with the policies under and 

22 consistent with amounts authorized in the 

23 National Defense Authorization Act for 

24 Fiscal Year 2013 (Public Law 112–239); 

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1 (iii) the cancellation of budgetary re2 sources may not be implemented through 

3 changes to programs or activities contained 

4 in the Internal Revenue Code, or increase 

5 governmental receipts, offsetting collec6 tions, or offsetting receipts; 

7 (iv) any cancellation of budgetary re8 sources in an account that is not defense 

9 spending may not be offset against an in10 crease in another such account; and 

11 (v) the proposed cancellation of budg12 etary resources shall reduce outlays by not 

13 less than $82,500,000,000 by the end of 

14 fiscal year 2018. 

15 (b) PROPOSAL.—Not later than March 15, 2013, the 

16 President shall submit to Congress a qualifying sequester 

17 replacement plan. 

18 (c) JOINT RESOLUTION OF DISAPPROVAL.— 

19 (1) NO REFERRAL.—A joint resolution shall not 

20 be referred to a committee in either House of Con21 gress and shall immediately be placed on the cal22 endar. 

23 (2) MOTION TO PROCEED.—A motion to pro24 ceed to a joint resolution is highly privileged in the 

25 House of Representatives and is privileged in the 

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1 Senate and is not debatable. The motion is not sub2 ject to a motion to postpone and all points of order 

3 against the motion are waived. A motion to recon4 sider the vote by which the motion is agreed to or 

5 disagreed to shall not be in order. If a motion to 

6 proceed to the consideration of a joint resolution is 

7 agreed to, the joint resolution shall remain the un8 finished business of the respective House until dis9 posed of. 

10 (3) EXPEDITED CONSIDERATION IN HOUSE OF

11 REPRESENTATIVES.—In the House of Representa12 tives, a joint resolution shall be considered as read. 

13 All points of order against a joint resolution and 

14 against its consideration are waived. The previous 

15 question shall be considered as ordered on the joint 

16 resolution to its passage without intervening motion 

17 except 2 hours of debate equally divided and con18 trolled by the proponent and an opponent. A motion 

19 to reconsider the vote on passage of the joint resolu20 tion shall not be in order. 

21 (4) EXPEDITED PROCEDURE IN SENATE.— 

22 (A) CONSIDERATION.—In the Senate, con23 sideration of a joint resolution, and on all de24 batable motions and appeals in connection 

25 therewith, shall be limited to not more than 10 

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1 hours, which shall be divided equally between 

2 the majority and minority leaders or their des3 ignees. A motion further to limit debate is in 

4 order and not debatable. An amendment to, or 

5 a motion to postpone, or a motion to proceed to 

6 the consideration of other business, or a motion 

7 to recommit the joint resolution is not in order. 

8 (B) VOTE ON PASSAGE.—If the Senate has 

9 proceeded to a joint resolution, the vote on pas10 sage of the joint resolution shall occur imme11 diately following the conclusion of consideration 

12 of the joint resolution, and a single quorum call 

13 at the conclusion of the debate if requested in 

14 accordance with the rules of the Senate. 

15 (C) RULINGS OF THE CHAIR ON PROCE16 DURE.—Appeals from the decisions of the Chair 

17 relating to the application of the rules of the 

18 Senate to the procedure relating to a joint reso19 lution shall be decided without debate. 

20 (5) AMENDMENT NOT IN ORDER.—A joint reso21 lution considered under this subsection shall not be 

22 subject to amendment in either the House of Rep23 resentatives or the Senate. 

24 (6) COORDINATION WITH ACTION BY OTHER

25 HOUSE.—If, before passing a joint resolution, one 

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1 House receives from the other House a joint resolu2 tion— 

3 (A) the joint resolution of the other House 

4 shall not be referred to a committee; and 

5 (B) the procedure in the receiving House 

6 shall be the same as if no joint resolution had 

7 been received from the other House, except that 

8 the vote on final passage shall be on the joint 

9 resolution of the other House. 

10 (7) PERIOD.—Subject to subsection (d)(1), 

11 Congress may not consider a joint resolution under 

12 this subsection after the date that is 7 calendar days 

13 after March 15, 2013. 

14 (8) RULES OF HOUSE OF REPRESENTATIVES

15 AND SENATE.—This subsection is enacted by Con16 gress— 

17 (A) as an exercise of the rulemaking power 

18 of the Senate and House of Representatives, re19 spectively, and as such it is deemed a part of 

20 the rules of each House, respectively, but appli21 cable only with respect to the procedure to be 

22 followed in that House in the case of a joint 

23 resolution, and it supersedes other rules only to 

24 the extent that it is inconsistent with such 

25 rules; and 

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1 (B) with full recognition of the constitu2 tional right of either House to change the rules 

3 (so far as relating to the procedure of that 

4 House) at any time, in the same manner, and 

5 to the same extent as in the case of any other 

6 rule of that House. 

7 (d) CONSIDERATION AFTER PASSAGE.— 

8 (1) COMPUTATION OF DAYS.—If Congress 

9 passes a joint resolution, the period beginning on the 

10 date the President is presented with the joint resolu11 tion and ending on the date the President signs, al12 lows to become law without his signature, or vetoes 

13 and returns the joint resolution (but excluding days 

14 when either House is not in session) shall be dis15 regarded in computing the calendar day period de16 scribed in subsection (c)(7). 

17 (2) VETO OVERRIDE.—Debate on a veto mes18 sage in the House of Representatives and the Senate 

19 relating to a joint resolution shall be 1 hour equally 

20 divided between the majority and minority leaders or 

21 their designees. 

22 (e) DISAPPROVAL.—If a joint resolution is enacted 

23 under this section— 

24 (1) the President may not carrying out the pro25 posed cancellation of budgetary resources in the 

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1 qualifying sequester replacement plan submitted 

2 under subsection (b); and 

3 (2) sequestration shall continue in accordance 

4 with the Balanced Budget and Emergency Deficit 

5 Control Act of 1985 (2 U.S.C. 900 et seq.). 

6 (f) FAILURE TO ENACT DISAPPROVAL.—Effective on 

7 the day after the end of the calendar day period under 

8 subsection (c)(7) (as determined in accordance with sub9 section (d)(1)), if the President has submitted a qualifying 

10 sequester replacement plan in accordance with subsection 

11 (b) and a joint resolution of disapproval has not been en12 acted under this section, the President shall— 

13 (1) cancel any sequestration order issued under 

14 section 251A of the Balanced Budget and Emer15 gency Deficit Control Act of 1985 (2 U.S.C. 901a); 

16 and 

17 (2) cancel budgetary resources in accordance 

18 with the qualifying sequester replacement plan sub19 mitted under subsection (b). 

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1 SEC. 2. TRANSFER AUTHORITY FOR FUNDING OF DEPART2 MENT OF DEFENSE UNDER CONTINUING RES3 OLUTION AND SEQUESTER CONSISTENT 

4 WITH AMOUNTS AUTHORIZED BY NATIONAL 

5 DEFENSE AUTHORIZATION ACT FOR FISCAL 

6 YEAR 2013. 

7 (a) IN GENERAL.—For fiscal year 2013, in imple8 menting sequestration under the Balanced Budget and 

9 Emergency Deficit Control Act of 1985, the Secretary of 

10 Defense may transfer amounts appropriated for the De11 partment of Defense by the Continuing Appropriations 

12 Resolution, 2013 (Public Law 112–175) among accounts 

13 of the Department of Defense. 

14 (b) TRANSFERS CONSISTENT WITH AMOUNTS AU15 THORIZED BY PL 112–239.—In the event of any transfers 

16 under subsection (a), the total amount in any account of 

17 the Department of Defense that is available for obligation 

18 and expenditure in fiscal year 2013 shall be consistent 

19 with, and may not exceed, the amount authorized to be 

20 appropriated for that account for that fiscal year by appli21 cable provisions of division A of the National Defense Au22 thorization Act for Fiscal Year 2013 (Public Law 112– 

23 239). 

24 (c) NOTICE TO CONGRESS.—Not later than 15 after 

25 any transfer under subsection (a), the Secretary of De26 fense shall submit to the congressional defense committees 

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1 a report setting forth a description of the transfer, includ2 ing the amount of the transfer and the accounts from and 

3 to which the funds will be transferred. 

4 (d) TRANSFER AUTHORITY.—The transfer authority 

5 provided by subsection (a) is in addition to any other 

6 transfer authority provided by law. 

7 (e) DEFINITION.—In this section, the term ‘‘congres8 sional defense committees’’ has the meaning given that 

9 term in section 101(a)(16) of title 10, United States Code. 

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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 

26, 2013 order of February 14, 2013, as modified on February 

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