I 113th CONGRESS 1st Session H. R. 857 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Cook introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Appropriations , 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 amend section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate the Department of Defense sequestration for fiscal years 2013 and 2014 and sequester such eliminated sums over a period of fiscal years 2015 through 2021.

1. Short title This Act may be cited as the Protect Troops at War Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) On August 2, 2011, the President signed into law S. 365, the Budget Control Act of 2011, which reduced defense discretionary spending by $478 billion over ten years. (2) The Budget Control Act of 2011 also established a sequestration in the event that a Joint Select Committee on Deficit Reduction could not agree on an additional $1.2 trillion in savings by November 2011. (3) The Joint Select Committee on Deficit Reduction was unable to reach an agreement, which triggered sequestration, resulting in an additional $495 billion reduction in defense spending over the same ten-year period. (4) If these reductions in defense spending remain intact, the total portion of defense spending as a percentage of the total U.S. budget will be at its lowest point since before World War II. (5) Sequestration alone would reduce our military force to its smallest level since 1940, resulting in the separation of more than 100,000 soldiers, sailors, Marines, and airmen. (6) Since 2009, the number of troops has more than doubled in Afghanistan from 30,000 to 66,000 today. During the same period, Congress has actively reduced the budget for the Department of Defense. (b) Purpose It is the purpose of this Act to: (1) Avoid deeper, irresponsible defense cuts in the face of an increasingly dangerous world that unnecessarily threaten our national security and will cost American lives in armed conflict abroad. (2) Invest in advanced military technology in order to equip the U.S. military with the best resources available to defend our country. (3) Not allow the strategy of the U.S. military to be driven by budget constraints, which is unacceptable. The strategy should drive the budget. Avoiding cuts while our troops are at war allows necessary time to adjust strategy for the restructured force post-Afghanistan. Before the House Armed Services Committee, Chairman of the Joint Chiefs General Dempsey testified If you want [your military] to be doing what it’s doing today, then we can’t give you another dollar. . (4) Ensure that the U.S. military forces are adequately prepared. Commandant of the Marine Corps, General Amos, in his statement before the House Armed Services Committee remarked, By the end of calendar year 2013, less than half of our ground units will be trained to the minimum readiness level required for deployment. . Sequestration, if left unchecked, will cost American lives. The hollow force experienced during the Korean War would be today’s reality. (5) Halt irresponsible budget cuts because no amount of savings can justify the loss of one American service member. 3. Postponement of FY 2013 and 2014 defense sequestration Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: (12) Notwithstanding paragraphs (5) and (8), there shall be no reductions under this section to discretionary appropriations or direct spending for fiscal year 2013 or 2014 for the defense function. The reduction that would otherwise have occurred shall be added to and distributed equally among the sequestration for the defense function for fiscal years 2015 through 2021. . 4. 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 In accordance with subsection (b), the Secretary of Defense may transfer amounts appropriated for the Department of Defense by the Continuing Appropriations Resolution ( Public Law 112–175 ) among accounts of the Department of Defense. (b) Transfers consistent with amounts appropriated or authorized 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— (1) if a regular appropriation Act making appropriations for the Department of Defense for fiscal year 2013 is enacted before the date of the transfer, the level provided for that account for that fiscal year by applicable provisions of such Act; or (2) if no such Act is enacted before the date of the transfer, 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 days before 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 were transferred. (d) Transfer subject to notification requirements In addition to the notice required under subsection (c), a transfer under subsection (a) shall be subject to the applicable notification requirements for reprogramming in division A of Public Law 112–74. (e) Transfer authority The transfer authority provided by subsection (a) is in addition to any other transfer authority provided by law. (f) 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.