Feed and Forage Act

Last updated August 08, 2022

The Feed and Forage Act of 1861 is legislation passed by the United States Congress that allows the Military Departments to incur obligations in excess of available appropriations for clothing, subsistence, fuel, quarters, transportation and medical supplies. This provision is currently codified in 41 U.S.C. § 6301 (previously 41 U.S.C. § 11 and section 3732 of the Revised Statutes). It also authorizes incurring deficiencies for costs of additional members of the Armed Forces on active duty-beyond the number for which funds are currently provided in DoD appropriations (Title 10 U.S.C.).

History

The act has been amended over time and now, as codified at 41 U.S.C. § 6301, reads:^[1]

(a) In General.—A contract or purchase on behalf of the Federal Government shall not be made unless the contract or purchase is authorized by law or is under an appropriation adequate to its fulfillment.
(b) Exception.—
(1) Definition.—In this subsection, the term “defined Secretary” means—
(A) the Secretary of Defense; or
(B) the Secretary of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy.
(2) In general.—Subsection (a) does not apply to a contract or purchase made by a defined Secretary for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies.
(3) Current year limitation.—A contract or purchase made by a defined Secretary under this subsection may not exceed the necessities of the current year.
(4) Reports.—The defined Secretary shall immediately advise Congress when authority is exercised under this subsection. The defined Secretary shall report quarterly on the estimated obligations incurred pursuant to the authority granted in this subsection.
(c) Special Rule for Purchase of Land.—Land may not be purchased by the Federal Government unless the purchase is authorized by law.

It has been invoked on a number of occasions to deal with emergencies.

It was cited on several occasions to support the Vietnam War.
In 1990, $1.6 billion was obligated under the act during Operation Desert Shield.
In 1994, the act was invoked to support of Operation Restore Democracy in Haiti.
In 1996, the act was invoked after the Khobar Towers bombing although ultimately no funds were obligated under it.^[2]
In 2001, act was invoked immediately after the September 11 terrorist attacks.^[2] Notably, Congress acted swiftly enough that an appropriations bill was enacted prior to DOD obligating any funding under the act.

Controversy

There is a controversy over whether, and the extent to which, the Act lets a President fund military operations for which Congress has not appropriated funds.

In November 2006, member of Congress and presidential candidate Dennis Kucinich wrote that the President could cite the Act to continue the Iraq War even if Congress withheld funds. ^[3] In May 2007, the National Journal published an article echoing this argument. ^[4]

In response, OmbWatch.org published "Exploring the Scope of the Feed and Forage Act of 1861"^[5] suggesting a more limited interpretation:

... interpreting the Feed and Forage Act broadly probably gives great flexibility to Department of Defense officials to obtain anything they deem necessary, so long as it is for a short-term need that occurred in an emergency, could not be feasibly obtained through normal procedures, and was used in the fiscal year in which it was obtained. This interpretation would give Congress and the president much more, if not unlimited, time to negotiate a compromise...^[5]

Others have argued that the Act cannot allow the President to continue military operations where Congress has used its Power of the purse to end them. It is argued that the intent of the Framers was that "the whole power of raising armies was lodged in the LEGISLATURE, not in the EXECUTIVE"^[6] The Department of Defense's Financial Management Regulations notes that : "The Department shall limit its use of the authority in 41 U.S.C 11 to emergency circumstances."^[5]

Name Confusion

Many sources refer to a "Food and Forage Act" but the name used by the U.S. Government is "Feed and Forage Act".[2] ^[5]

Related Research Articles

The Posse Comitatus Act is a United States federal law signed on June 18, 1878, by President Rutherford B. Hayes which limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States. The Act was passed as an amendment to an army appropriation bill following the end of Reconstruction and was updated in 1956 and 1981.

An appropriation , also known as supply bill or spending bill, is a proposed law that authorizes the expenditure of government funds. It is a bill that sets money aside for specific spending. In most democracies, approval of the legislature is necessary for the government to spend money.

The War Powers Resolution is a federal law intended to check the U.S. president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. The resolution was adopted in the form of a United States congressional joint resolution. It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization", or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces".

The United States Navy Working Capital Fund (NWCF) is a branch of the family of United States Department of Defense (DoD) Working Capital Funds. The NWCF is a revolving fund, an account or fund that relies on sales revenue rather than direct Congressional appropriations to finance its operations. It is intended to generate adequate revenue to cover the full costs of its operations, and to finance the fund's continuing operations without fiscal year limitation. A revolving fund is intended to operate on a break-even basis over time; that is, it neither makes a profit nor incurs a loss.

The Antideficiency Act (ADA) is legislation enacted by the United States Congress to prevent the incurring of obligations or the making of expenditures (outlays) in excess of amounts available in appropriations or funds. The law was initially enacted in 1884, with major amendments occurring in 1950 and 1982. It is now codified primarily at 31 U.S.C. §§ 1341–1342. The Act is also known as Section 3679 of the Revised Statutes, as amended.

The Leahy Laws or Leahy amendments are U.S. human rights laws that prohibit the U.S. Department of State and Department of Defense from providing military assistance to foreign security force units that violate human rights with impunity. It is named after its principal sponsor, Senator Patrick Leahy (D-Vermont).

The National Defense Authorization Act (NDAA) is the name for each of a series of United States federal laws specifying the annual budget and expenditures of the U.S. Department of Defense. The first NDAA was passed in 1961. The U.S. Congress oversees the defense budget primarily through two yearly bills: the National Defense Authorization Act and defense appropriations bills. The authorization bill is the jurisdiction of the Senate Armed Services Committee and House Armed Services Committee and determines the agencies responsible for defense, establishes recommended funding levels, and sets the policies under which money will be spent. The appropriations bill provides funds.

The United States Department of Defense is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national security and the United States Armed Forces. The DOD is the largest employer in the world, with over 1.4 million active-duty service members as of 2021. More employees include over 826,000 National Guard and reservists from the armed forces, and over 732,000 civilians bringing the total to over 2.8 million employees. Headquartered at the Pentagon in Arlington, Virginia, just outside Washington, D.C., the DoD's stated mission is to provide "the military forces needed to deter war and ensure our nation's security".

The U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007,, is an emergency appropriations act passed by the 110th United States Congress that provides funding for the Iraq War through September 30, 2007. A prior version of the act, H.R. 1591, included a timeline for withdrawal of U.S. troops from Iraq. H.R. 1591 was passed by Congress but vetoed by President George W. Bush. While the veto of H.R. 1591 could have caused delays for Iraq war expenditures, the availability of funds resulting from the passage of the Defense Appropriations Act on September 29, 2006, allowed the Department of Defense to continue Iraq War spending in the interim period between the veto of H.R. 1591 and the President's signature of approval for H.R. 2206. The Feed and Forage Act was not invoked by the U.S. government in the days prior to the passage of H.R. 2206.

The Project Bioshield Act was an act passed by the United States Congress in 2004 calling for $5 billion for purchasing vaccines that would be used in the event of a bioterrorist attack. This was a ten-year program to acquire medical countermeasures to biological, chemical, radiological, and nuclear agents for civilian use. A key element of the Act was to allow stockpiling and distribution of vaccines which had not been tested for safety or efficacy in humans, due to ethical concerns. Efficacy of such agents cannot be directly tested in humans without also exposing humans to the chemical, biological, or radioactive threat being treated, so testing follows the FDA Animal Rule for pivotal animal efficacy.

The Defense Base Act (DBA) is an extension of the federal workers' compensation program that covers longshoremen and harbor workers, the Longshore and Harbor Workers' Compensation Act 33 U.S.C. §§ 901–950. The DBA covers persons employed at United States defense bases overseas. The DBA is designed to provide medical treatment and compensation to employees of defense contractors injured in the scope and course of employment. The DBA is administered by the United States Department of Labor.

The National Defense Authorization Act for Fiscal Year 2008 is a law in the United States signed by President George W. Bush on January 28, 2008. As a bill it was H.R. 4986 in the 110th Congress. The overall purpose of the law is to authorize funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs. In a controversial signing statement, President Bush instructed the executive branch to construe Sections 841, 846, 1079, and 1222 "in a manner consistent with the constitutional authority of the President".

The National Information Infrastructure Protection Act was Title II of the Economic Espionage Act of 1996, as an amendment to the Computer Fraud and Abuse Act.

Consolidated and Further Continuing Appropriations Act, 2013 was a bill passed by the United States House of Representatives of the 113th United States Congress. The bill prevented a government shutdown and funded the federal government through September 30, 2013 as it replaced a continuing resolution which expired on March 27, 2013.

The Department of Homeland Security Appropriations Act, 2014 is an appropriations bill that was introduced into the United States House of Representatives during the 113th United States Congress. The bill would appropriate money to various government agencies related to the United States Department of Homeland Security. This funding would be used during fiscal year 2014, which ends September 30, 2014. The United States House Committee on Appropriations recommended "$38,993,000,000 in discretionary funding for the Department of Homeland Security (DHS) for fiscal year 2014, $34,885,000, or .09 percent, below the amount requested and $613,205,000, or 1.55 percent, below fiscal year 2013 enacted levels."

The Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2014 is an appropriations bill that was introduced into the United States House of Representatives during the 113th United States Congress. The bill would appropriate money to various government agencies related to the United States Department of Defense and the United States Department of Veterans Affairs. This funding would be used during fiscal year 2014, which ends September 30, 2014. According to its committee report, "the purpose of the bill is to support our military and their families and provide the benefits and medical care that our veterans have earned for their service." The report also indicated that the Committee had made its decisions with the national debt and budget deficit in mind.

The Foreign Military Sales Act of 1968, Pub.L. 90–629, 82 Stat. 1320-2, enacted October 22, 1968, was supplemental legislation to the Arms Control and Disarmament Act of 1961 and the Foreign Assistance Act of 1961. The Act discloses the United States commitment and sustainment to a world free from the dangers of armaments and the scourge of war.

Soviet Nuclear Threat Reduction Act of 1991, 22 U.S.C. § 2551, was chartered to amend the Arms Export Control Act enacting the transfer of Soviet military armaments and ordnances to NATO marking the conclusion of the Cold War. The Act sanctions the Soviet nuclear arsenal displacement shall be in conjunction with the implementation of the Treaty on Conventional Armed Forces in Europe. It funds the Nunn–Lugar Cooperative Threat Reduction program.

The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015 is an appropriations bill that would provide funding for the United States Department of Transportation and the United States Department of Housing and Urban Development (HUD) for fiscal year 2015.

Former Soviet Union Demilitarization Act of 1992, 22 U.S.C. ch. 68 §§ 5901-5931, is a United States Federal law created to coordinate disarmament efforts with the former Soviet Union. The Act, better known as the National Defense Authorization Act for Fiscal Year 1993, provided legislative authority for the United States Department of Defense supporting armament retooling, chemical demilitarization, and nonproliferation initiatives.

References

↑ "41 U.S. Code § 6301 - Authorization requirement". LII / Legal Information Institute.
1 2 3 "DEPARTMENT OF DEFENSE INVOKES FEED AND FORAGE ACT". United States Department of Defense. 2001-09-11. Retrieved September 30, 2007.
↑ Dennis Kucinich (2006-11-30). "There Is Only One Way To End The Iraq War". Huffington Post . Retrieved September 30, 2007.
↑ Stan Collender (2007-05-08). "The Truth About The Iraq Supplemental". National Journal . Retrieved September 30, 2007.^{[ permanent dead link ]}
1 2 3 4 Stan Collender (2007-05-22). "Exploring the Scope of the Feed and Forage Act of 1861" (PDF). OMBWatch.org. Archived from the original (PDF) on October 5, 2007. Retrieved September 30, 2007.
↑ Alexander Hamilton. "Federalist No. 24". Yale Law School. Archived from the original on October 2, 2007. Retrieved September 30, 2007.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.

[1] "41 U.S. Code § 6301 - Authorization requirement". LII / Legal Information Institute.

[dod3054-2] 1 2 3 "DEPARTMENT OF DEFENSE INVOKES FEED AND FORAGE ACT". United States Department of Defense. 2001-09-11. Retrieved September 30, 2007.

[kucinich-3] Dennis Kucinich (2006-11-30). "There Is Only One Way To End The Iraq War". Huffington Post . Retrieved September 30, 2007.

[callender-4] Stan Collender (2007-05-08). "The Truth About The Iraq Supplemental". National Journal . Retrieved September 30, 2007.^{[ permanent dead link ]}

[ombwatch-5] 1 2 3 4 Stan Collender (2007-05-22). "Exploring the Scope of the Feed and Forage Act of 1861" (PDF). OMBWatch.org. Archived from the original (PDF) on October 5, 2007. Retrieved September 30, 2007.

[federalist24-6] Alexander Hamilton. "Federalist No. 24". Yale Law School. Archived from the original on October 2, 2007. Retrieved September 30, 2007.

[1]

[2]

[3]

[4]

[5]

[6]