HR.1363 Department of Defense and Further Additional Continuing Appropriations Act, 2011
Making appropriations for the Department of Defense for the fiscal year ending September 30, 2011, and for other purposes.
- People's Vote
- NO
- Gov Vote
- YES
- Outcome
- NO
Recent Member Votes
My Representatives
Sponsored by
- Rep. Harold Rogers (KY Republican)
Co-Sponsored by
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Our Analysis:
Division A deals with all traditional defense spending categories including procurement, operations and maintenance, environmental cleanup, related agencies, and funds for Iraq and Afghanistan.
The bill prohibits more than 20% of the funds appropriated from being spent during the last two months of the fiscal year with the exception of spending for active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.
The Defense section introduces funding specifically for contingency operations and handles them separately from routine funding. Among that spending is the full line of procurement and operational funds but also specific funds for Iraq and Afghanistan.
The bill makes no restrictions on the number of civilian personnel Defense hires and those individuals would not be considered part of the end strength personnel totals.
None of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support.
Spending Cuts
The Spending cut section of the bill would trim $12 billion from spending for the remainder of this fiscal year ending September 30th.
Sponsor: Rep. Harold Rogers (R-KY-5th)
Vote:
Mr. Hoyer moved to recommit with instructions to Appropriations.
The instructions contained in the motion seek to report the bill back to the House with an amendment that strikes all after the enacting clause and inserts the following: "That the Continuing Appropriations Act, 2011 (Public Law 111-242) is further amended by striking the date specified in section 106(3) and inserting April 15, 2011".
Mr. Rogers (KY) raised a point of order against the motion to recommit with instructions. The provisions of the motion to recommit propose a net increase in budget authority in the bill. Sustained by the Chair.
Mr. Hoyer appealed the ruling of the chair.
On motion to table the motion to appeal the ruling of the chair Agreed to by the Yeas and Nays: 236 - 187 (Roll no. 245).
Mr. Owens moved to recommit with instructions to Appropriations.
The instructions contained in the motion seek to report the same back to the House with an amendment to add a new section to the end of title VIII of division A.
On motion to recommit with instructions Failed by the Yeas and Nays: 191 - 236 (Roll no. 246).
Mr. McNerney moved to recommit with instructions to Energy and Commerce.
The instructions contained in the motion seek to report the same back to the House with an amendment to prohibit the underlying bill from limiting EPA's Clean Air Act authority to protect the health of children, seniors, and those with asthma and lung diseases from the effects of air pollution emitted by large sources (those that emit 75,000 tons or more of carbon pollution annually).
On passage Passed by the Yeas and Nays: 247 - 181 (Roll no. 247).
The Senate agreed to an amendment in the nature of a substitute by unanimous consent.
On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 348 - 70 (Roll no. 253).
Cost to the taxpayers: The Defense Spending would cost $517 billion through September 30, 2011. The spending cut section claims to reduce the deficit by cutting $12 billion from current non-defense programs.
Pay-as-you-go requirements: Apply
Cut-as-you-go requirements:
Regulatory impact: Most likely to affect contractors who may find funding for a program cut.
Earmark Certification: No indication of earmarks.
Constitutional Authority: By Mr. ROGERS of Kentucky: H.R. 1363.
Congress has the power to enact this legislation pursuant to the following: The principal constitutional authority for this legislation is clause 7 of section 9 of article I of the Constitution of the United States (the appropriation power), which states: ‘‘No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law . . . .’’ In addition, clause 1 of section 8 of article I of the Constitution (the spending power) provides: ‘‘The Congress shall have the Power . . . to pay the Debts and provide for the common Defense and general Welfare of the United States . . . .’’ Together, these specific constitutional provisions establish the congressional power of the purse, granting Congress the authority to appropriate funds, to determine their purpose, amount, and period of availability, and to set forth terms and conditions governing their use.
There are amendments to this bill.
(Courtesy of TheWeekInCongress.com)
Summary:
4/9/2011--Public Law. (This measure has not been amended since it was passed by the Senate on April 8, 2011. The summary of that version is repeated here.) Further Additional Continuing Appropriations Amendments, 2011 - Amends the Continuing Appropriations Act, 2011 to extend from December 3, 2010, to April 15, 2011, the date by which appropriations and funds made available and authority granted pursuant to such Act shall be available. Provides reduced rates of operation for FY2011 for the following accounts or activities within the Department of Transportation (DOT): (1) Office of the Secretary--Transportation Planning, Research, and Development; (2) Federal Aviation Administration (FAA)--Facilities and Equipment; (3) FAA--Research, Engineering, and Development; (4) Federal Railroad Administration (FRA)--Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service; (5) FRA--Railroad Research and Development; (6) Federal Transit Administration (FTA)--Capital Investment Grants; and (7) FTA--Research and University Research Centers. Provides reduced rates of operation for FY2011 for the following accounts within the Department of Housing and Urban Development (HUD): (1) Public and Indian Housing--Public Housing Operating Fund; and (2) Community Planning and Development--Community Development Fund. Requires that, with respect to the Community Development Fund, no funds shall be provided for grants for the Economic Development Initiative, neighborhood initiatives, and special purpose community development. Makes inapplicable to funds appropriated under the Continuing Appropriations Act, 2011 the earmarking of specified funds for: (1) the Economic Development Initiative to finance a variety of targeted investments contained in the explanatory statement accompanying such Act; and (2) neighborhood initiatives to improve the conditions of distressed and blighted areas and neighborhoods, stimulate investment, and provide economic diversification and community revitalization.
Actions:
The previous question was ordered pursuant to a previous special order. (consideration: CR 4/8/2011 H2566)
Mr. Rogers (KY) moved that the House agree to the Senate amendment. (consideration: CR 4/8/2011 H2565-2567)
DEBATE - Pursuant to a previous order of the House, the House proceeded with 20 minutes of debate on agreeing to the Senate amendment to H.R. 1363.
Pursuant to a previous order of the House, the Chair recognized Mr. Rogers (KY) for a motion.
Measure laid before Senate by unanimous consent.
Message on Senate action sent to the House.
Motion to reconsider laid on the table Agreed to without objection.
On motion to recommit with instructions Failed by the Yeas and Nays: 191 - 236 (Roll no. 246).
The previous question on the motion to recommit with instructions was ordered without objection.
Mr. Owens moved to recommit with instructions to Appropriations.
DEBATE - The House proceeded with 10 minutes of debate on the Owens motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a new section to the end of title VIII of division A which provides that salaries to members of the armed forces would not be interrupted in the event of a federal government shutdown.
On motion to table the motion to appeal the ruling of the chair Agreed to by the Yeas and Nays: 236 - 187 (Roll no. 245).
Mr. Hoyer appealed the ruling of the chair.
Mr. Rogers (KY) moved to table the motion to appeal the ruling of the chair
Mr. Rogers (KY) raised a point of order against the motion to recommit with instructions. Mr. Rogers (KY) stated that the provisions of the motion to recommit propose a net increase in budget authority in the bill. Sustained by the Chair.
DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions, pending the reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment that strikes all after the enacting clause and inserts the following:
Mr. Hoyer moved to recommit with instructions to Appropriations.
The previous question was ordered pursuant to the rule.
DEBATE - The House proceeded with one hour of debate on H.R. 1363.
Considered under the provisions of rule H. Res. 206.
Rule provides for consideration of H.R. 1363 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill and the provisions of the bill are waived.
Rule H. Res. 206 passed House.
Received in the Senate.
Rules Committee Resolution H. Res. 206 Reported to House. Rule provides for consideration of H.R. 1363 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill and the provisions of the bill are waived.
Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, 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.
Referred to House Appropriations
Referred to House Budget
"
That the Continuing Appropriations Act, 2011 (Public Law 111-242) is further amended by striking the date specified in section 106(3) and inserting April 15, 2011
.
On passage Passed by the Yeas and Nays: 247 - 181 (Roll no. 247).
Ordered placed on Senate Legislative Calendar under General Orders. Calendar No. 28.
Passed Senate with an amendment by Unanimous Consent.
On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 348 - 70 (Roll no. 253). (text as House agreed to Senate amendment: CR 4/8/2011 H2565-2566)
Presented to President.
Signed by President.
Became Public Law No: 112-8.
Passed Senate with an amendment by Voice Vote.
Question:
On Motion to Concur in the Senate Amendment: H R 1363 Making appropriations for the Department of Defense for the fiscal year ending September 30, 2011, and for other purposes1/2
Result
passed