S.Amdt. 64

SA 64. Mr. UDALL of Colorado (for himself and Ms. Collins) submitted
an amendment intended to be proposed to amendment SA 26 proposed by Ms.
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, making
appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of division G, insert the following:

SEC. ___. SEQUESTER FLEXIBILITY.

(a) Definition.--In this section, the term ``agency''
means--
(1) an Executive agency (as defined in section 105 of title
5, United States Code);
(2) an office, agency, or other establishment in the
legislative branch which is not a part of another office,
agency, or other establishment in the legislative branch; and
(3) an office, agency, or other establishment in the
judicial branch which is not a part of another office,
agency, or other establishment in the judicial branch.
(b) 2013 Sequester Cancellation.--Notwithstanding any other
provision of law, the sequestration of budgetary resources
for fiscal year 2013 ordered on March 1, 2013, pursuant to
section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 is cancelled.
(c) Flexible Sequester Implemented by Agency Heads.--
(1) In general.--Notwithstanding any other provision of
law, the budget sequester for an account in the security and
non-security categories required by section 251A of the
Balanced Budget and Emergency Deficit Control Act of 1985 for
fiscal year 2013 shall be implemented within each account as
determined by the head of the agency with spending authority
over such account.
(2) Appropriations oversight.--
(A) In general.--The head of an agency may not exercise the
authority provided in paragraph (1) unless the head has
submitted a notice of implementation describing the proposed
exercise of authority to the Committees on Appropriations of
both Houses not later than 15 days before exercising such
authority and each such committee approves the implementation
as provided in subparagraph (B).
(B) Appropriations approval.--After the committees receive
an executive branch proposal for administering the sequester
under subparagraph (A) and not later than 5 days after such
receipt, each committee, using standard procedures for
reprogramming, shall accept or reject the proposal. If a
proposal is accepted by both committees, the proposal may be
implemented. If either committee rejects a proposal and
notwithstanding subsection (b), sequestration within the
relevant agency will be administered through across the board
cuts consistent with section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985.
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