S. 16Senate113th Congress (2013-2015)Failed

A bill to provide for a sequester replacement.

Introduced February 27, 2013

Legislative Activity

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6 earlier actions
SenateFloor Latest Action

Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S991)

February 28, 2013

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SenateIntro Referral

Introduced in Senate

February 27, 2013

SenateCalendars

Introduced in the Senate. Read twice. Pursuant to the order of 2/14/2013, as modified on 2/26/2013, Placed on Senate Legislative Calendar under General Orders. Calendar No. 19.

February 27, 2013

SenateFloor

Motion to proceed to consideration of measure made in Senate. (consideration: CR S927)

February 27, 2013

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S927; text: CR S927)

February 27, 2013

SenateFloor

Motion to proceed to measure considered in Senate. (consideration: CR S990-991)

February 28, 2013

SenateFloor

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 38 - 62. Record Vote Number: 26. (consideration: CR S991; text: CR S991)

February 28, 2013

SenateFloor

Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S991)

February 28, 2013

Floor Debate

22 members

What members said about S. 16 on the floor

10 Republicans12 Democrats
Patrick J. Toomey
Sen. Patrick J. ToomeyR-PA · Feb 28, 2013

Madam President, would the Senator from Rhode Island yield for a question? I thank the Senator, the gentleman from Rhode Island. I wish to ask a question clarifying the procedure. My understanding is…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Feb 28, 2013

Mr. President, today, as we debate proposals for avoiding the so-called sequester, we find ourselves in a uniquely awkward position. Not only is there general disagreement about what brought us here,…

Joe Manchin III
Sen. Joe Manchin IIID-WV · Apr 23, 2013

I have no more than 15 minutes. Mr. President, I ask unanimous consent to speak up to 15 minutes. I rise today to speak in support of the Marketplace Fairness Act. I was a cosponsor of this important…

Daniel Coats
Sen. Daniel CoatsR-IN · Feb 28, 2013

Madam President, as I look at my watch, the clock is ticking toward midnight. Midnight becomes March 1, and that is the point at which the sequester kicks in, which is the across-the-board…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Feb 28, 2013

Madam President, I thank the distinguished Senator from Pennsylvania for allowing me to go first. I assure him I will be very brief. I know the distinguished Senator from Washington State is here.…

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Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Feb 28, 2013

Mr. President, if I may interject, I believe I have the floor. Mr. President, I wish to interject just for a moment to sort out the order on the floor. I apologize to the Senator from Arizona for the…

James M. Inhofe
Sen. James M. InhofeR-OK · Feb 28, 2013

Reserving the right to object, I don't need to be in this lineup. I will be talking later on. I only wanted to ask one question of Senator Ayotte when she has the floor. Would the Senator yield for a…

Barbara Boxer
Sen. Barbara BoxerD-CA · Apr 23, 2013

Will my friend yield for a question? Madam President, I appreciate Senator Reid taking the leadership here, and as I understand it--and I want him to confirm it-- what he has done is he has suggested…

Patty Murray
Sen. Patty MurrayD-WA · Feb 28, 2013

Madam President, in the last 2 weeks we have learned more and more what the across-the-board cuts for sequestration really mean for our families and our communities that we all represent. We have…

Bob Corker
Sen. Bob CorkerR-TN · Feb 28, 2013

Mr. President, I rise to speak about the vote we are going to have today at 2:30 regarding sequestration, and I wish to strongly support the notion of giving the executive branch the flexibility it…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Feb 28, 2013

Mr. President, I rise to speak on behalf of the Democratic alternative that would cancel the sequester for this year. Before the Senator from New Hampshire leaves, I would like to take a minute to…

Lindsey Graham
Sen. Lindsey GrahamR-SC · Feb 28, 2013

I thank the Senator from New Hampshire who authored this amendment which Senator McCain and I support. She spent a lot of time and effort trying to fix sequestration in the first year and trying to…

Kelly Ayotte
Sen. Kelly AyotteR-NH · Feb 28, 2013

Mr. President, I ask unanimous consent that in addition to the two cloture votes on bills dealing with the sequester today, there be set a time, to be determined by the majority leader in…

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John McCain
Sen. John McCainR-AZ · Feb 28, 2013

Mr. President, obviously we regret that we have not been able to reach an agreement. I am especially disappointed that we are unable to consider the Ayotte amendment, which is an alternative to the…

Jeff Sessions
Sen. Jeff SessionsR-AL · Feb 28, 2013

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, we have heard a lot of discussions recently about the author Bob Woodward and his comments about…

Harry Reid
Sen. Harry ReidD-NV · Apr 23, 2013

Madam President, I ask unanimous consent that the Senate proceed to Calendar No. 19, S. 16, the Inhofe-Toomey bill on flexibility, with an amendment that reflects the current changes for…

Tom Coburn
Sen. Tom CoburnR-OK · Apr 23, 2013

I voted for it. Madam President, the reason patients can't get their chemotherapeutic treatments has nothing to do with the budget. It has everything to do with the administration's CMS and payment…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · May 21, 2013

I rise in strong support of Senate Concurrent Resolution 16. I would like to begin by thanking Chairman Miller for her help in bringing this resolution to the floor. I also thank Ranking Member Brady…

Tom Harkin
Sen. Tom HarkinD-IA · Feb 28, 2013

This has been very interesting. This is not what I was going to speak on. I was going to speak on the amount of cuts we have already taken in our appropriations bill on Labor, Health, Human Services,…

Jeff Sessions
Sen. Jeff SessionsR-AL · Apr 23, 2013

I think 10 minutes would be sufficient. If I were allowed to go first, I would do 5 minutes. Madam President, the proposal of my friend the majority leader--and I know he has a tough job--is how the…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Apr 23, 2013

Mr. President, my friend from West Virginia says this bill is important for his State. I understand that, but this is a bill that doesn't work for my State of New Hampshire. His suggestion that if…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 28, 2013

Mr. President, will the Senator from Indiana yield for a unanimous consent request? I will yield the floor right back. Mr. President, I ask unanimous consent that notwithstanding the motion to…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Apr 23, 2013

Mr. President, I rise today in support of the Marketplace Fairness Act. This bill would level the playing field between brick and mortar retailers and their online counterparts by allowing States the…

Harry Reid
Sen. Harry ReidD-NV · Feb 28, 2013

Mr. President, I reserve the right to object and will say just a few things. Unless we act by midnight tomorrow, Friday, across-the-board cuts will kick in. They are going to start kind of slowly,…

Bill Text

Latest available legislative text

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Placed on Calendar SenateIssued February 27, 2013

II

Calendar No. 19

113th CONGRESS

1st Session

S. 16

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.

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).

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.

February 27, 2013

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