VFW blasts Obama's DoD

Whereas I'm reading that a similar bill was passed recently, albeit with improper language, the one being discussed here is from Jan, with a termination in the event of any other legislation re. spending.
i'll go with your interpretation, you're much more able to see these things clearly then I can.
Thanks for the pick up on the date :)
 
http://www.govtrack.us/congress/bills/113/hr3210/text

One Hundred Thirteenth Congress





of the





United States of America





AT THE FIRST SESSION


Begun and held at the City of Washington on Thursday,

the third day of January, two thousand and thirteen

An Act

Making continuing appropriations for military pay in the event of a Government shutdown.

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 ‘Pay Our Military Act’.



SEC. 2. CONTINUING APPROPRIATIONS FOR MEMBERS OF THE ARMED FORCES.

(a) In General- There are hereby appropriated for fiscal year 2014, out of any money in the Treasury not otherwise appropriated, for any period during which interim or full-year appropriations for fiscal year 2014 are not in effect--

(1) such sums as are necessary to provide pay and allowances to members of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code), including reserve components thereof, who perform active service during such period;

(2) such sums as are necessary to provide pay and allowances to the civilian personnel of the Department of Defense (and the Department of Homeland Security in the case of the Coast Guard) whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1); and

(3) such sums as are necessary to provide pay and allowances to contractors of the Department of Defense (and the Department of Homeland Security in the case of the Coast Guard) whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1).

(b) Secretary Concerned Defined- In this section, the term ‘Secretary concerned’ means--

(1) the Secretary of Defense with respect to matters concerning the Department of Defense; and

(2) the Secretary of Homeland Security with respect to matters concerning the Coast Guard.



SEC. 3. TERMINATION.

Appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation (including a continuing appropriation) for any purpose for which amounts are made available in section 2; (2) the enactment into law of the applicable regular or continuing appropriations resolution or other Act without any appropriation for such purpose; or (3) January 1, 2015.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.


http://www.law.cornell.edu/uscode/text/10/101


so look I'm not even a freaking lawyer, and I can see how this reads - it doesn't say JUST THE MEMEBERS - it says ARMED FORCES which is a generalized meaning for the branches of Services.

To wit; the Armed Forces does NOT EXCLUDE the payments to the families...jeese.,,, so tired of the wiggling



It doesn't authorize payments to the Armed Forces. It authorizes payments to members of the Armed Forces. When those members die, how can payments be made them?
 
It doesn't authorize payments to the Armed Forces. It authorizes payments to members of the Armed Forces. When those members die, how can payments be made them?
well I screwed the pooch on this one, DH. Lemme look at it carefully....

Looking at the language, the allowances (including the so called "death gratuity") are to be paid -the intent is clear.
A death gratuity, cannot be paid to a dead person. but it is an allowance, so the legal intent is to pay it to whomeever is eligible?

I'm going to do a strategic retreat on this thread....lol.....last post, but I wanted to answer
 
It appears to me that the House Republicans are incompetent shits that want Obama to stretch the language of the law that they passed to mean something completely different from what it says to bail their ignorant asses out.
I put nothing past any of them. Both dems and reps suck.
 
Well, you actually have to look at the language of the statutes that provide the allowances. For example, here's the statute that provides allowances for the family of members to attend burial services. Look at to whom the payments are to be made:

The Secretary concerned may provide round trip travel and transportation allowances to eligible relatives of a member of the uniformed services who dies while on active duty or inactive duty in order that the eligible relatives may attend the burial ceremony of the deceased member at the location determined under subsection (a)(8) ofsection 1482 of title 10 or attend a memorial service for the deceased member, under circumstances covered by subsection (d) of such section.
(2) The Secretary concerned may provide round trip travel and transportation allowances to eligible relatives of a member of the uniformed services who dies while on active duty in order that the eligible relatives may attend a memorial service for the deceased member that occurs at a location other than the location of the burial ceremony for which travel and transportation allowances are provided under paragraph (1). Travel and transportation allowances may be provided under this paragraph for travel of eligible relatives to only one memorial service for the deceased member concerned.
(3) The Secretary concerned may also provide round trip travel and transportation allowances to an attendant who accompanies an eligible relative provided travel and transportation allowances under paragraph (1) for travel to the burial ceremony if the Secretary concerned determines that—
(A) the accompanied eligible relative is unable to travel unattended because of age, physical condition, or other justifiable reason; and
(B) there is no other eligible relative of the deceased member traveling to the burial ceremony who is eligible for travel and transportation allowances under paragraph (1) and is qualified to serve as the attendant.

The payments are directed to the relatives of members of the Armed Forces. So bill that authorized continued pay and allowances to members of the Armed Forces does not permit continued payments under this statute, unfortunately. Likewise, the death gratuity stautes direct that the amount be paid to a survivor designated by the member of the Armed Forces. Again, a bill that authorized pay and allowances to members of the Armed Forces does not authorized payment to be pmade to survivors of the member (I'd also note that the death gratuity does not fall under the Section of the US Code that deals with "pay and allowances of the uniformed services).

It's a fuck up. And one that should be fixed, but the idea that Obama is not making the payments just to be an asshole is nonsense. The law doesn't allow the payments, absent some clever lawyering (that he would otherwise be excoriated for).
 
the idea that Obama is not making the payments just to be an asshole is nonsense. The law doesn't allow the payments, absent some clever lawyering (that he would otherwise be excoriated for).

Strawman much?

Obama and Hagel manged some "clever lawyering" to get around 400,000 DoD civilians back to work Monday despite the "shutdown".

Maybe you missed that.

I guess "morale" (that was the excuse) doesn't matter so much when the soldiers are dead.
 
Also, too, the lawyering wasn't really all that clever. Here is the relevant statutory language with respect to which DoD civilian personnel can be paid:

There are hereby appropriated for fiscal year 2014, out of any money in the Treasury not otherwise appropriated, for any period during which interim or full-year appropriations for fiscal year 2014 are not in effect—

(2) such sums as are necessary to provide pay and allowances to the civilian personnel of the Department of Defense (and the Department of Homeland Security in the case of the Coast Guard) whom the Secretary concerned determines are providing support to members of the Armed Forces described in paragraph (1)

So, like, there's a good deal of deference to the Secretary of Defense to determine which civilian contractors can be deemed to be providing "support" to the members of the Armed Forces, and, presumably, to define what "support" means.
 
So it's Obama's fault that a resolution drafted by House Republicans doesn't say what House Republicans want it to say?

Now, maybe there's a way to magically transform the words "to members of the Armed Forces" to mean "to members of the Armed Forces or their families or next of kin" but I seem to remember Obama getting blasted for stretching the language of the law to meet his desired ends.

Of course not dimwit; how can anyone expect the most powerful man in the world, leader of the free world to be responsible for ANYTHING that happens in his own country, let alone the world.

Yes, you really are THAT stupid.
 
What a surprise! The head of the most conservative veterans group blasted the Democrat in the White House! And Fukx got the story! And some right wing dope posted it here! I'm shocked, shocked I tell you!

Quite the compelling argument dimwit; where'd you parrot that one from? The White House? Chris Madviews? Rachel Madcow? The DNC.

Of course one cannot blame the President; whatever would he have to do with anything that happens in his own country??!!

Yes, you really are THAT stupid.
 
So what I'm hearing is that Obama, having a bill that passed the House by a vote of 423-0 and the Senate by a unanimous voice vote, should have veoted the bill because the language was wrong? Really? Because that's kind of the only option Obama had at that point.
 
It appears to me that the House Republicans are incompetent shits that want Obama to stretch the language of the law that they passed to mean something completely different from what it says to bail their ignorant asses out.

It appears to me that you are a dimwitted twit so imbedded in hyper partisan buffoonery that you refuse to hold Democrars accountable for anything; which defines ignorance.
 
Also, too, the lawyering wasn't really all that clever. Here is the relevant statutory language with respect to which DoD civilian personnel can be paid: So, like, there's a good deal of deference to the Secretary of Defense to determine which civilian contractors can be deemed to be providing "support" to the members of the Armed Forces, and, presumably, to define what "support" means.

And he apparently declined to define "support" in a way that would have honored our commitment as a nation to the survivors of dead servicemembers.

Care to explain why, or are you going to make another joke?
 
Further proof that obstructionist Righties don't give two rat farts about those fighting to keep their freedoms intact.

Congressional Republicans KNEW this would happen when they chose to shut down the Government.

You're proof that even the most empty headed buffoon can be trained to parrot the idiot talking pints of the left. With enough kool-aid, even the smallest most inactive brain can be brought to a level of dullard.
 
So what I'm hearing is that Obama, having a bill that passed the House by a vote of 423-0 and the Senate by a unanimous voice vote, should have veoted the bill because the language was wrong? Really? Because that's kind of the only option Obama had at that point.

So can you explain why the brilliant Harvard-educated constitutional scholar didn't spot the deficiency and bring it to the worlds' attention before he signed it?

Instead, he was surprised when his choice for Sec Def allowed the Pentagon to deny the payments...like everyone else.

Is there anything he's responsible for that happens on his watch?
 
And he apparently declined to define "support" in a way that would have honored our commitment as a nation to the survivors of dead servicemembers.

Care to explain why, or are you going to make another joke?


Because only DOD civilians that provide support to members of the armed forces can be paid under the law.
 
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