[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 813 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 813

To provide the Secretary of Defense with authority to transfer funds in 
    order to mitigate the effects on the Department of Defense of a 
sequestration of funds available to the Department of Defense, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2015

   Mr. Paul introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To provide the Secretary of Defense with authority to transfer funds in 
    order to mitigate the effects on the Department of Defense of a 
sequestration of funds available to the Department of Defense, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Sequester Flexibility 
Act''.

SEC. 2. TRANSFER AUTHORITY FOR DEPARTMENT OF DEFENSE FUNDS TO MITIGATE 
              THE EFFECTS ON THE DEPARTMENT OF DEFENSE OF A 
              SEQUESTRATION OF FUNDS.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.--The Secretary of Defense may transfer 
        amounts of authorizations made available to the Department of 
        Defense for a fiscal year between any such authorizations for 
        that fiscal year (or any subdivisions thereof) if the Secretary 
        determines that the transfer--
                    (A) is necessary to mitigate the effects on the 
                Department of Defense of a reduction in the 
                discretionary spending limit or the sequestration of 
                direct spending under section 251A of the Balanced 
                Budget and Emergency Deficit Control Act of 1985 (2 
                U.S.C. 901a) or a sequestration under section 251(a)(1) 
                of such Act (2 U.S.C. 901(a)(1)); and
                    (B) is necessary in the national interest.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section in a fiscal year may not 
        exceed $50,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations shall not be counted toward the dollar 
        limitation in paragraph (2).
            (4) Treatment of amounts transferred.--Amounts of 
        authorizations transferred pursuant to paragraph (1) shall be 
        merged with and be available for the same purposes as the 
        authorization to which transferred.
    (b) Limitations.--The authority provided by subsection (a) to 
transfer authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred;
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress; and
            (3) may not reduce the amount authorized for the fiscal 
        year concerned for an item by an amount in excess of the amount 
        equal to 50 percent of the amount otherwise authorized to be 
        appropriated for that fiscal year for that item.
    (c) Notice to Congress.--The Secretary of Defense shall notify 
Congress of each proposed use of the transfer authority in subsection 
(a).
    (d) Congressional Disapproval.--A transfer may not occur under the 
authority in subsection (a) if Congress enacts a joint resolution 
disapproving the transfer within the 30-day period beginning on the 
notice to Congress of the transfer pursuant to subsection (c).
    (e) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount 
is transferred by an amount equal to the amount transferred.
    (f) Construction of Authority.--The authority to transfer funds 
under this section in addition to any other authority available to the 
Secretary of Defense to transfer funds for the Department of Defense 
under any other provision of law.
    (g) Sunset.--The authority to transfer funds under this section 
shall expire on September 30, 2023.
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