I 

113TH CONGRESS 

1ST SESSION H. R. 810 

To grant the Secretary of Defense the authority to transfer funding under 

a continuing resolution, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2013 

Ms. HANABUSA introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on Armed 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To grant the Secretary of Defense the authority to transfer 

funding under a continuing resolution, 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. FINDINGS. 

4 Congress finds the following: 

5 (1) On September 14, 2010, Secretary of De6 fense Robert M. Gates outlined an efficiencies initia7 tive relating to contracting for goods and services by 

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1 the Department of Defense, designed to save the De2 partment $100 billion over the next five years. 

3 (2) On January 26, 2012, Secretary of Defense 

4 Leon Panetta announced that the Department of 

5 Defense was on the path to save $259 billion over 

6 the next 5 years and $487 billion over the next 10. 

7 Secretary Panetta called the budget ‘‘a balanced, 

8 complete package’’ that keeps the American military 

9 the preeminent force in the world. 

10 (3) On February 13, 2012, Assistant Secretary 

11 of Defense Ashton Carter, along with the Joint 

12 Chiefs of Staff, testified to the House Armed Serv13 ices Committee that, if limitations on the transfer of 

14 funds were lifted in the Continuing Appropriations 

15 Resolution (Public Law 112–175), significant short16 falls in the Operations & Maintenance accounts of 

17 their respective services could be alleviated. 

18 SEC. 2. REPORT FROM SECRETARY OF DEFENSE TO CON19 GRESS. 

20 (a) IN GENERAL.—Not later than 30 days after the 

21 date of enactment of this Act, the Secretary shall submit 

22 to the congressional defense committees a report con23 taining the following: 

24 (1) A detailed outline of— 

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1 (A) the efficiencies initiative announced by 

2 the Secretary on September 14, 2010, relating 

3 to contracting for goods and services by the De4 partment of Defense; and 

5 (B) the budget initiate announced by the 

6 Secretary on January 26, 2012. 

7 (2) A detailed accounting of how the initiatives 

8 described in paragraph (1) are being used to con9 form with the discretionary spending limit for the 

10 security category in fiscal year 2013 in section 

11 251(c)(2)(A) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 (3) A detailed accounting of how the initiatives 

14 described in paragraph (1) will be used to conform 

15 with the discretionary spending limit for the security 

16 category for each of fiscal years 2014 through 2021 

17 in section 251(c)(2) of such Act. 

18 (b) COORDINATION.—For purposes of providing the 

19 information required under subsections (a)(2) and (a)(3), 

20 the Secretary shall coordinate with the heads of the other 

21 agencies covered by the security category. 

22 SEC. 3. TRANSFER AUTHORITY FOR DEPARTMENT OF DE23 FENSE UNDER A CONTINUING RESOLUTION. 

24 (a) IN GENERAL.—The Secretary may transfer 

25 amounts made available to the Department of Defense by 

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1 a continuing resolution among accounts of the Depart2 ment of Defense 

3 (b) LIMITATION.—In the event of a transfer under 

4 subsection (a), the total amount in any account of the De5 partment of Defense that is available for obligation in fis6 cal year 2013 may not exceed the amount authorized to 

7 be appropriated for the account for fiscal year 2013 by 

8 applicable provisions of the National Defense Authoriza9 tion Act for Fiscal Year 2013 (Public Law 112–239). 

10 (c) SUBSEQUENT APPROPRIATIONS ACT.—In the 

11 event that a regular appropriations Act for the Depart12 ment of Defense is enacted for fiscal year 2013, the trans13 fer authority provided under this section shall have no 

14 force or effect. 

15 (d) NOTICE TO CONGRESS.—Not later than 15 days 

16 before any transfer under subsection (a), the Secretary 

17 shall submit to the congressional defense committees a re18 port setting forth a description of the transfer, including 

19 the amount of the transfer and the accounts from and to 

20 which the funds were transferred. 

21 (e) TRANSFER SUBJECT TO NOTIFICATION REQUIRE22 MENTS.—In addition to the notice required under sub23 section (d), a transfer under subsection (a) shall be subject 

24 to the applicable notification requirements for reprogram25 ming in division A of Public Law 112–74. 

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1 SEC. 4. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘congressional defense commit4 tees’’ has the meaning given that term in section 

5 101(a)(16) of title 10, United States Code; 

6 (2) the term ‘‘Secretary’’ means the Secretary 

7 of Defense; and 

8 (3) the term ‘‘security category’’ has the mean9 ing given that term in section 250(c)(4)(B) of the 

10 Balanced Budget and Emergency Deficit Control 

11 Act of 1985. 

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