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Can Congress fix 'shameful' military death benefit lapse?
http://nbcpolitics.nbcnews.com/_news/2013/10/08/20874712-can-congress-fix-shameful-military-death-benefit-lapse?lite
By Carrie Dann, Political Reporter, NBC News
There is clear outrage from both parties over halted payments to the grieving families of fallen servicemen and women, but how soon can the problem get fixed?
Republican House Speaker John Boehner said that the lower chamber would “act specifically on this” issue Wednesday, signaling that a possible solution has begun working its way through Congress.
And in the Senate, lawmakers from both sides of the aisle voiced anger in the wake of an NBC News report detailing the military’s delay of the $100,000 “death gratuities” designed to assist with funeral and travel costs until after the shutdown ends.
House Speaker John Boehner said the votes aren't there to approve a spending bill, but according to NBC's Chuck Todd, there are more than enough votes – provided the bill doesn't have any amendments, such as health care.
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Democratic Senate Majority Leader Harry Reid called it “shameful and embarrassing.” And Arizona Republican Sen. John McCain told his colleagues that they should feel ashamed.
The most likely solution would simply entail changing a few words of existing legislation that currently guarantees pay to members of the U.S. military during the government shutdown. Both the House and the Senate would need to pass it, and from there it would go to the president’s desk.
There seems to be momentum for that solution, and it could easily happen as soon as tomorrow, but it would break the pattern of the past few weeks.
The Senate, so far, has declined to take up more than half a dozen “piecemeal” measures that would provide funding for popular items like national parks, veterans’ services, retroactive pay for furloughed workers, and support for the National Institutes of Health.
But it’s likely this measure will be viewed differently, considering that it would fix a problem most lawmakers assumed they had already addressed. The “Pay Our Military Act” – which guaranteed paychecks for members of the military during the shutdown – easily passed both houses of Congress before the shutdown began.
That bill appropriated “such sums as are necessary to provide pay and allowances to members of the Armed Forces” as well as money for some civilian personnel and contractors considered essential to the support of soldiers. The bill’s drafters say it was intended to cover survivor benefits as well.
But after reviewing the law, the Defense Department concluded that it cannot send payments to affected families because the law did not specifically grant them the authority to pay anyone other than the service members themselves. That legal determination, one official said, was ultimately made by inter-agency legal counsel – meaning Department of Defense, Department of Justice and White House lawyers.
On Tuesday, Boehner argued that the “Pay Our Military Act” gave “broad authority to the Department of Defense to pay all kinds of bills, including” the death benefits issue.
The sentiment was echoed by Rep. Buck McKeon, R-Calif., the chairman of the House Armed Services Committee. "Judging by the Department of Defense's own summary of those programs, we believed that 'death gratuities' would continue to go to the families of those heroes who made the ultimate sacrifice. Without question, that was our clear intent."
The government shutdown includes a suspension of death benefits that would have helped pay expenses for grieving families of fallen soldiers. Gayle Lemmon from the Council on Foreign Relations joins Andrea Mitchell.
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But Defense Department lawyers say they don’t think they have the legal authority to make the payments until Congress amends the “Pay Our Military Act” or passes some other kind of appropriation for the death gratuity – or until the shutdown ends.
Joyce Raezer, the executive director of the nonprofit National Military Family Association, says that the withholding of the payments sends entirely the wrong message to Americans.
“This is not the right message to send to our families of service members who have died, whether they’re killed in Afghanistan, or they’re killed in a training accident, or they die of cancer while on active duty – whatever the reason for the death while they are serving, that family is entitled to this payment and now the Department of Defense is saying ‘we can’t pay it,’” she said.
While the withholding of the benefits certainly seems shocking, it’s not surprising to close watchers of the Pentagon. A top official told the press a few days before the shutdown that the death gratuities would be delayed.
“This is ghoulish, but it's the law, not policy. Remember that,” Under Secretary of Defense Robert Hale told reporters at a briefing on Sept. 27. “If the death [of a soldier] occurred after the lapse took place, then the money would be obligated after the lapse took place, and we would have no authority to pay based on that money until the lapse ended.”
By Carrie Dann, Political Reporter, NBC News
There is clear outrage from both parties over halted payments to the grieving families of fallen servicemen and women, but how soon can the problem get fixed?
Republican House Speaker John Boehner said that the lower chamber would “act specifically on this” issue Wednesday, signaling that a possible solution has begun working its way through Congress.
And in the Senate, lawmakers from both sides of the aisle voiced anger in the wake of an NBC News report detailing the military’s delay of the $100,000 “death gratuities” designed to assist with funeral and travel costs until after the shutdown ends.
House Speaker John Boehner said the votes aren't there to approve a spending bill, but according to NBC's Chuck Todd, there are more than enough votes – provided the bill doesn't have any amendments, such as health care.
Advertise | AdChoices
Democratic Senate Majority Leader Harry Reid called it “shameful and embarrassing.” And Arizona Republican Sen. John McCain told his colleagues that they should feel ashamed.
The most likely solution would simply entail changing a few words of existing legislation that currently guarantees pay to members of the U.S. military during the government shutdown. Both the House and the Senate would need to pass it, and from there it would go to the president’s desk.
There seems to be momentum for that solution, and it could easily happen as soon as tomorrow, but it would break the pattern of the past few weeks.
The Senate, so far, has declined to take up more than half a dozen “piecemeal” measures that would provide funding for popular items like national parks, veterans’ services, retroactive pay for furloughed workers, and support for the National Institutes of Health.
But it’s likely this measure will be viewed differently, considering that it would fix a problem most lawmakers assumed they had already addressed. The “Pay Our Military Act” – which guaranteed paychecks for members of the military during the shutdown – easily passed both houses of Congress before the shutdown began.
That bill appropriated “such sums as are necessary to provide pay and allowances to members of the Armed Forces” as well as money for some civilian personnel and contractors considered essential to the support of soldiers. The bill’s drafters say it was intended to cover survivor benefits as well.
But after reviewing the law, the Defense Department concluded that it cannot send payments to affected families because the law did not specifically grant them the authority to pay anyone other than the service members themselves. That legal determination, one official said, was ultimately made by inter-agency legal counsel – meaning Department of Defense, Department of Justice and White House lawyers.
On Tuesday, Boehner argued that the “Pay Our Military Act” gave “broad authority to the Department of Defense to pay all kinds of bills, including” the death benefits issue.
The sentiment was echoed by Rep. Buck McKeon, R-Calif., the chairman of the House Armed Services Committee. "Judging by the Department of Defense's own summary of those programs, we believed that 'death gratuities' would continue to go to the families of those heroes who made the ultimate sacrifice. Without question, that was our clear intent."
The government shutdown includes a suspension of death benefits that would have helped pay expenses for grieving families of fallen soldiers. Gayle Lemmon from the Council on Foreign Relations joins Andrea Mitchell.
Advertise | AdChoices
But Defense Department lawyers say they don’t think they have the legal authority to make the payments until Congress amends the “Pay Our Military Act” or passes some other kind of appropriation for the death gratuity – or until the shutdown ends.
Joyce Raezer, the executive director of the nonprofit National Military Family Association, says that the withholding of the payments sends entirely the wrong message to Americans.
“This is not the right message to send to our families of service members who have died, whether they’re killed in Afghanistan, or they’re killed in a training accident, or they die of cancer while on active duty – whatever the reason for the death while they are serving, that family is entitled to this payment and now the Department of Defense is saying ‘we can’t pay it,’” she said.
While the withholding of the benefits certainly seems shocking, it’s not surprising to close watchers of the Pentagon. A top official told the press a few days before the shutdown that the death gratuities would be delayed.
“This is ghoulish, but it's the law, not policy. Remember that,” Under Secretary of Defense Robert Hale told reporters at a briefing on Sept. 27. “If the death [of a soldier] occurred after the lapse took place, then the money would be obligated after the lapse took place, and we would have no authority to pay based on that money until the lapse ended.”
Thanks for that info. Good to know.
The republicans have politicized this with legislation in the House but the Fisher House offered to pick up the tab until the shut-down gets resolved. Then the Pentagon will reimburse the Fisher House.
(CNN) -- [Breaking news update at 1:30 p.m.]
President Barack Obama was disturbed to learn that death benefits were not being paid to survivors of fallen military survivors as a result of the partial government shutdown and has directed the Pentagon, the Office of Management and Budget and White House lawyers to figure out a way to address the problem, White House Press Secretary Jay Carney said Wednesday. The president expects the problem "to be fixed today," Carney said.....
http://www.cnn.com/2013/10/09/politics/shutdown-military-families-benefits/index.html?hpt=hp_t1
Every single one of them should be ashamed. I'm writing my senators again to let them know that they and all of their colleagues are major let downs.
http://tv.msnbc.com/2013/10/08/john-mccain-im-ashamed-all-of-us-should-be/?utm=fb
"McCain: I'm ashamed, all of us should be..."
"McCain: I'm ashamed, all of us should be..."
Never said that now did I. Just trying to show you that, 1. It's not the end of the world as this has happened before correct? 17 times in the past 30 yrs, 2. If the Dems would pass bills sent to them in the Senate this could be over, 3. The DOD was given the ability to pay for this.
And how do you know that people will not be able to live? It's been what 10 days, at this point it is probably a major inconvicence and after another week or 2 then it will really affect the way of life for people.
And how do you know that people will not be able to live? It's been what 10 days, at this point it is probably a major inconvicence and after another week or 2 then it will really affect the way of life for people.
http://billmoyers.com/2013/10/08/gyms-for-congress-deemed-%E2%80%98essential%E2%80%99-remain-open-during-shutdown/
Yes, while more and more people are losing their income due to the shutdown, Congress has decided that their gym is an essential need and it remains open *and* they continue to get paid for doing nothing.
I can barely tolerate the news right now, this is so infuriating.
I would support a march on Washington...there must be something we can do before this country implodes.
Yes, while more and more people are losing their income due to the shutdown, Congress has decided that their gym is an essential need and it remains open *and* they continue to get paid for doing nothing.
I can barely tolerate the news right now, this is so infuriating.
I would support a march on Washington...there must be something we can do before this country implodes.
Yeah? Ask those people who cannot get death benefits if that matters to them? Ask the VA or those kids needing life saving meds. Ask the workers on furlough that will not be able to pay their mortgage. So in other words it doesnt affect you so that makes it all okay.....nice.
Pssss only 17% of the government is "shutdown"
Of course they do. They shut everything down and then pass these bills to re open things and if the pres doesnt go with the flow, its on him. This is their intention to pass the perception of non negotiability to the pres.
Its all a power game. What good does a shutdown do if you are going to piece it back together one by one? Open the damn government and be done, the votes are there to do so on a bipartisan basis. They knew these stories would come out of suffering and its just another chess move imo. Stupid!
Its all a power game. What good does a shutdown do if you are going to piece it back together one by one? Open the damn government and be done, the votes are there to do so on a bipartisan basis. They knew these stories would come out of suffering and its just another chess move imo. Stupid!
UNACCEPTABLE!!!....This $hit is seriously out of hand now. I mean do the senators that believe this shutdown is a good thing read these stories?????
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