In other words, capitulation to Bush over timelines is
not necessary:
http://www.ombwatch.org/budget/feedandforageact.pdfExploring the Scope of the Feed and Forage Act of 1861
Implications for FY 2007 Funding for the Wars in Iraq and Afghanistan
May 22, 2007
Congress and the president are at odds over language in a supplemental appropriations bill that would provide funding to sustain military campaigns in Iraq and Afghanistan. The White House has warned that if an agreement is not reached soon, U.S. soldiers will lack funding to meet their needs.1
However, a prolonged stalemate may not necessarily generate funding shortages that would put soldiers in jeopardy. On May 8, 2007, National Journal published a column by budget expert Stan Collender that raised the possibility of the president invoking a relatively unknown law – the Feed and Forage Act – to pay for ongoing military campaigns even if an appropriations bill is not enacted.2 The authority granted under this law seems to contradict statements by the Bush administration regarding the harm to soldiers caused by a longer debate over war policy. Collender wrote:
Food and Forage turns the federal budget world on its head. The standard procurement process is for obligations to be incurred by a federal department or agency only after an appropriation is enacted. Food and Forage allows funds to be obligated before the appropriation is in place.
In other words, the deadlines the White House keeps using for the Iraq supplemental are irrelevant.
Indeed, the Pentagon may have already begun to obligate funds for this purpose while the debate on the supplemental is continuing. Indeed, the Feed and Forage Act gives the Department of Defense (DOD) the unusual power to obtain goods and services prior to the enactment of an appropriations bill. Some restrictions apply, and the scope of the authority it grants is unclear. But these powers could be interpreted in a way that is sufficiently broad to sustain ongoing military operations for significant periods of time in the absence of enacted appropriations. So long as the president invoked this authority in a timely manner, the needs of deployed soldiers could be provided for even if negotiations over the supplemental appropriations bill were prolonged significantly....