I 

113TH CONGRESS 

1ST SESSION H. R. 2883 

To provide, for purposes of mitigating the effects of a sequestration, the 

Secretary of Defense transfer authority with respect to amounts made 

available to the Department of Defense in fiscal years 2014 through 

2021, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2013 

Mr. COOPER (for himself and Mr. RYAN of Wisconsin) introduced the 

following bill; which was referred to the Committee on Appropriations 

A BILL 

To provide, for purposes of mitigating the effects of a sequestration, the Secretary of Defense transfer authority with 

respect to amounts made available to the Department 

of Defense in fiscal years 2014 through 2021, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defense Flexibility 

5 Act’’. 


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1 SEC. 2. FLEXIBILITY FOR DEPARTMENT OF DEFENSE 

2 BUDGET CUTS DUE TO SEQUESTRATION. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) Former Secretary of Defense Leon Panetta 

5 has stated that the budget cuts to the Department 

6 of Defense due to sequestration would deeply dam7 age the Nation’s national security. 

8 (2) General William Shelton, Commander, Air 

9 Force Space Command, has testified that the budget 

10 cuts to the Department of Defense due to sequestra11 tion have created ‘‘chaos’’ and ‘‘the chaos created 

12 cannot be overstated’’. 

13 (3) Martin Dempsey, Chairman of the Joint 

14 Chiefs of Staff, testified about sequestration and 

15 noted, ‘‘Sequestration leaves me three places to go 

16 to find the additional money: operations, mainte17 nance, and training. That’s the definition of a hollow 

18 force.’’. 

19 (4) Regarding the impact of sequestration, the 

20 Nation’s military leaders have said it will cause ‘‘se21 vere and irreversible impact’’, ‘‘crisis response will 

22 be significantly degraded’’, and ‘‘cuts of this mag23 nitude would be catastrophic to the military’’. 

24 (5) The Nation’s military leaders have written 

25 to the Committee on Armed Services of the House 

26 of Representatives saying the readiness of the 


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1 Armed Forces is at a tipping point, a hollow force 

2 is about to be created, and they are requesting 

3 ‘‘flexibility to properly shape the best military force 

4 in the world’’. 

5 (6) The Nation’s defense leaders need flexibility 

6 to manage these budget cuts so the national security 

7 is not compromised and their warnings about unac8 ceptable risk, hollow force, chaos, and loss of faith 

9 may be averted. 

10 (b) TRANSFER AUTHORITY.—In addition to any 

11 transfer authority otherwise available, and subject to sub12 sections (c) and (d), of the amounts appropriated to the 

13 Department of Defense in any of fiscal years 2014 

14 through 2021, the Secretary of Defense may transfer any 

15 appropriation subject in such a fiscal year to reduction 

16 under a sequestration order issued pursuant to section 

17 254 of the Balanced Budget and Emergency Deficit Con18 trol Act of 1985 between such appropriations, to address 

19 an urgent national priority or the consequences of a na20 tional emergency resulting from such sequestration, as de21 termined by the Secretary of Defense. 

22 (c) LIMITATION.—The amount transferred to an ap23 propriation under subsection (b) shall not exceed the 

24 amount by which such appropriation is reduced under the 

25 sequestration order referred to in such subsection. 


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1 (d) REQUIREMENT TO MERGE WITH RECIPIENT AP2 PROPRIATION.—Amounts transferred under subsection (b) 

3 shall be merged with the appropriation or fund to which 

4 transferred. 

5 (e) CONGRESSIONAL NOTIFICATION REQUIRED.— 

6 Amounts transferred under subsection (b) shall not be 

7 available for obligation unless the Secretary of Defense no8 tifies the Committees on Armed Services of the House of 

9 Representatives and the Senate at least 30 days in ad10 vance of such transfer. 

Æ 


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