II 

113TH CONGRESS 

1ST SESSION S. 465 

To permit flexibility in the application of the budget sequester by Federal 

agencies. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2013 

Ms. COLLINS (for herself and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on the 

Budget 

A BILL 

To permit flexibility in the application of the budget 

sequester by Federal agencies. 

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

3 SECTION 1. DEFINITION. 

4 In this Act, the term ‘‘agency’’ means— 

5 (1) an Executive agency (as defined in section 

6 105 of title 5, United States Code); 

7 (2) an office, agency, or other establishment in 

8 the legislative branch which is not a part of another 

9 office, agency, or other establishment in the legisla10 tive branch; and 


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1 (3) an office, agency, or other establishment in 

2 the judicial branch which is not a part of another of3 fice, agency, or other establishment in the judicial 

4 branch. 

5 SEC. 2. 2013 SEQUESTER CANCELLATION. 

6 Notwithstanding any other provision of law, the se7 questration of budgetary resources for fiscal year 2013 or8 dered on March 1, 2013, pursuant to section 251A of the 

9 Balanced Budget and Emergency Deficit Control Act of 

10 1985 is cancelled. 

11 SEC. 3. FLEXIBLE SEQUESTER IMPLEMENTED BY AGENCY 

12 HEADS. 

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law, the budget sequester for an account in the 

15 security and non-security categories required by section 

16 251A of the Balanced Budget and Emergency Deficit 

17 Control Act of 1985 for fiscal year 2013 shall be imple18 mented within each account as determined by the head 

19 of the agency with spending authority over such account. 

20 (b) APPROPRIATIONS OVERSIGHT.— 

21 (1) IN GENERAL.—The head of an agency may 

22 not exercise the authority provided in subsection (a) 

23 unless the head has submitted a notice of implemen24 tation describing the proposed exercise of authority 

25 to the Committees on Appropriations of both Houses 


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1 not later than 15 days before exercising such au2 thority and each such committee approves the imple3 mentation as provided in paragraph (2). 

4 (2) APPROPRIATIONS APPROVAL.—After the 

5 committees receive an executive branch proposal for 

6 administering the sequester under paragraph (1) 

7 and not later than 5 days after such receipt, each 

8 committee, using standard procedures for re9 programming, shall accept or reject the proposal. If 

10 a proposal is accepted by both committees, the pro11 posal may be implemented. If either committee re12 jects a proposal and notwithstanding section 2, se13 questration within the relevant agency will be admin14 istered through across the board cuts consistent with 

15 section 251A of the Balanced Budget and Emer16 gency Deficit Control Act of 1985. 

17 SEC. 4. DEPARTMENT OF DEFENSE FLEXIBILITY IN MAN18 AGEMENT OF MULTIYEAR CONTRACTS. 

19 (a) IN GENERAL.—In implementing under section 

20 251(a)(1) of the Balanced Budget and Emergency Deficit 

21 Control Act of 1985 (2 U.S.C. 901(a)(1)) the discre22 tionary spending reductions required by section 251A(7) 

23 of the Balanced Budget and Emergency Deficit Control 

24 Act of 1985, the Secretary of Defense may, in consultation 

25 with the Director of the Office of Management and BudgVerDate Mar 15 2010 04:23 Mar 06, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S465.IS S465

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1 et, take appropriate actions in the management of current 

2 multiyear contracts of the Department of Defense to mini3 mize the effects of such reductions in the carrying out of 

4 such contracts. 

5 (b) AUTHORITY FOR COMMENCEMENT OF CERTAIN

6 PROGRAMS, PROJECTS, AND ACTIVITIES OF THE DEPART7 MENT OF DEFENSE.—Notwithstanding section 102 of the 

8 Continuing Appropriations Resolution, 2013 (Public Law 

9 112–175), appropriations or funds made available or au10 thority granted pursuant to section 101 of that Resolution 

11 for the Department of Defense may be used for the pro12 grams, projects, and activities specified in H.R. 5856, De13 partment of Defense Appropriations Act, 2013, as re14 ported with an amendment in the Senate on August 2, 

15 2012 in the 112th Congress or the funding tables in divi16 sion D of the National Defense Authorization Act for Fis17 cal Year 2013 (Public Law 112–239), including the fol18 lowing: 

19 (1) The new production of items not funded for 

20 production in fiscal year 2012 or prior fiscal years. 

21 (2) The increase in production rates above 

22 those sustained with fiscal year 2012 funds. 

23 (3) The initiation, resumption, or continuation 

24 of any project, activity, operation, or organization 


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1 for which appropriations, funds, or other authority 

2 were not available during fiscal year 2012. 

3 (c) CLARIFICATION OF AVAILABILITY OF MULTIYEAR

4 PROCUREMENT AUTHORITY FOR THE DEPARTMENT OF

5 DEFENSE.—Notwithstanding section 102 of the Con6 tinuing Appropriations Resolution, 2013 (Public Law 

7 112–175), subsection (l)(3) of section 2306b of title 10, 

8 United States Code, or any other provision of law, the Sec9 retary of Defense and the Secretaries of the military de10 partments may enter into contracts for multiyear procure11 ments that are authorized by the National Defense Au12 thorization Act for Fiscal Year 2013 (Public Law 112– 

13 239). 

14 (d) AVAILABILITY OF CERTAIN SHIPBUILDING AND

15 CONVERSION FUNDS.—Of the amounts provided by sec16 tion 101 of the Continuing Appropriations Resolution, 

17 2013 (Public Law 112–175) for ‘‘Shipbuilding and Con18 version, Navy’’, $372,573,000 shall be available to fund 

19 prior year shipbuilding cost increases. The funds so avail20 able shall be transferred to, and merged with, the fol21 lowing appropriations accounts in the amounts specified: 

22 (1) ‘‘Shipbuilding and Conversion, Navy, 2009/ 

23 2013’’ for the CVN Refueling Overhauls Program, 

24 $135,000,000. 


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1 (2) ‘‘Shipbuilding and Conversion, Navy, 2007/ 

2 2013’’ for the LHA Replacement Program, 

3 $156,685,000. 

4 (3) ‘‘Shipbuilding and Conversion, Navy, 2008/ 

5 2013’’ for the LPD–17 Amphibious Transport Dock 

6 Program, $80,888,000. 

Æ 


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