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 seques-
tration, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defense Flexibility 
Act’’. 
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SEC. 2. FLEXIBILITY FOR DEPARTMENT OF DEFENSE 
BUDGET CUTS DUE TO SEQUESTRATION. 
(a) FINDINGS.—Congress finds the following: 
(1) Former Secretary of Defense Leon Panetta 
has stated that the budget cuts to the Department 
of Defense due to sequestration would deeply dam-
age the Nation’s national security. 
(2) General William Shelton, Commander, Air 
Force Space Command, has testified that the budget 
cuts to the Department of Defense due to sequestra-
tion have created ‘‘chaos’’ and ‘‘the chaos created 
cannot be overstated’’. 
(3) Martin Dempsey, Chairman of the Joint 
Chiefs of Staff, testified about sequestration and 
noted, ‘‘Sequestration leaves me three places to go 
to find the additional money: operations, mainte-
nance, and training. That’s the definition of a hollow 
force.’’. 
(4) Regarding the impact of sequestration, the 
Nation’s military leaders have said it will cause ‘‘se-
vere and irreversible impact’’, ‘‘crisis response will 
be significantly degraded’’, and ‘‘cuts of this mag-
nitude would be catastrophic to the military’’. 
(5) The Nation’s military leaders have written 
to the Committee on Armed Services of the House 
of Representatives saying the readiness of the 
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Armed Forces is at a tipping point, a hollow force 
is about to be created, and they are requesting 
‘‘flexibility to properly shape the best military force 
in the world’’. 
(6) The Nation’s defense leaders need flexibility 
to manage these budget cuts so the national security 
is not compromised and their warnings about unac-
ceptable risk, hollow force, chaos, and loss of faith 
may be averted. 
(b) TRANSFER AUTHORITY.—In addition to any 
transfer authority otherwise available, and subject to sub-
sections (c) and (d), of the amounts appropriated to the 
Department of Defense in any of fiscal years 2014 
through 2021, the Secretary of Defense may transfer any 
appropriation subject in such a fiscal year to reduction 
under a sequestration order issued pursuant to section 
254 of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 between such appropriations, to address 
an urgent national priority or the consequences of a na-
tional emergency resulting from such sequestration, as de-
termined by the Secretary of Defense. 
(c) LIMITATION.—The amount transferred to an ap-
propriation under subsection (b) shall not exceed the 
amount by which such appropriation is reduced under the 
sequestration order referred to in such subsection. 
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(d) REQUIREMENT TO MERGE WITH RECIPIENT AP-
PROPRIATION.—Amounts transferred under subsection (b) 
shall be merged with the appropriation or fund to which 
transferred. 
(e) CONGRESSIONAL NOTIFICATION REQUIRED.— 
Amounts transferred under subsection (b) shall not be 
available for obligation unless the Secretary of Defense no-
tifies the Committees on Armed Services of the House of 
Representatives and the Senate at least 30 days in ad-
vance of such transfer. 
Æ 
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