This Presidential Memorandum directs the Secretary of War, in coordination with the Director of the Office of Management and Budget, to use any currently available Fiscal Year 2026 funds within the Department of War to ensure active duty military personnel and relevant Reserve component members receive their scheduled pay and allowances on October 15th, given that a congressional appropriations lapse has created a serious threat to military readiness.
The directive mandates that funds used must have a reasonable relationship to pay and allowances, and requires subsequent accounting adjustments to restore funding accounts once the appropriations lapse ends.
Arguments For
Ensuring military readiness and national defense by guaranteeing scheduled pay for active duty and reserve personnel during a lapse in congressional appropriations.
Upholding the Commander in Chief's constitutional duty (Article 2) to provide for the defense of the nation, which requires a functioning, ready armed force.
Providing immediate financial stability to military families who rely on timely paychecks, mitigating severe personal hardship caused by legislative stalemate.
Utilizing existing, legally available funds within the Department of War whose purpose has a 'reasonable, logical relationship' to personnel pay and allowances.
Arguments Against
Potential for misuse or misapplication of existing appropriations intended for other specified Department of War activities, raising concerns about statutory compliance (31 U.S.C. 1301(a)).
Setting a potentially problematic precedent where executive action is used to bypass congressional failures in funding essential military operations, possibly weakening legislative budgetary authority.
Creating complex accounting and reallocation challenges post-lapse, requiring subsequent adjustments to funding accounts to potentially disrupt planned operations.
Bypassing standard appropriations processes, which can lead to legal challenges regarding the authority of the President to redirect existing funds for ongoing payroll during an intentional funding lapse.
MEMORANDUM FOR THE SECRETARY OF WAR
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Use of Available Department of War Funds for Military Pay and Allowances during the Lapse in Annual Appropriations
This memorandum is addressed specifically to the Secretary of War and the Director of the Office of Management and Budget (OMB).
The subject clearly states the purpose: authorizing the use of existing Department of War funds to cover military pay and allowances while Congress has failed to pass annual funding bills (an appropriations lapse).
The current appropriations lapse, which includes a lapse in the annual appropriations that the Congress provides for the pay and allowances of military personnel, is now in its fifteenth day. Further, congressional leaders have indicated that political negotiations have stalemated and that the passage of the necessary bipartisan legislation to end the lapse is unlikely to occur before our active duty military personnel are scheduled to receive their next paychecks on October 15th. This potential outcome presents a serious and unacceptable threat to military readiness and the ability of our Armed Forces to protect and defend our Nation.
The document establishes the context for the action: a funding lapse, now lasting fifteen days, has stalled negotiations in Congress regarding essential appropriations for military personnel.
Because the next regular pay date, October 15th, is approaching, the situation is deemed an unacceptable risk to national defense and military readiness, necessitating an immediate executive response.
Accordingly, as the Commander in Chief of the Armed Forces of the United States under Article 2 of the United States Constitution, I direct the Secretary of War, in coordination with the Director of the Office of Management and Budget, to use for the purpose of pay and allowances any funds appropriated by the Congress that remain available for expenditure in Fiscal Year 2026 to accomplish the scheduled disbursement of military pay and allowances for active duty military personnel, as well as for Reserve component military personnel who have performed active service during the relevant pay period. Funds used for military pay and allowances during the current lapse should be those that the Secretary of War determines are provided for purposes that have a reasonable, logical relationship to the pay and allowances of military personnel, consistent with applicable law, including 31 U.S.C. 1301(a).
Citing authority under Article 2 of the Constitution as Commander in Chief, the President orders the Secretary of War and OMB Director to immediately use available Fiscal Year 2026 funds to ensure scheduled paychecks are disbursed.
This payment must cover active duty members and reservists who performed active service. The President adds a crucial constraint: the redirection must only use funds where the original appropriation purpose has a 'reasonable, logical relationship' to personnel pay, while remaining compliant with relevant laws, specifically citing 31 U.S.C. 1301(a), which governs the proper obligation of government funds.
At the conclusion of the current lapse in appropriations, every effort should be made, as authorized by law, to adjust applicable funding accounts within the Department of War to ensure the continuation of Department of War operations and activities consistent with planned expenditures prior to the lapse.
Once Congress ends the funding lapse, the Department of War must take all legally authorized steps to reconcile the funding accounts.
This adjustment process aims to reverse the redirection of funds used for immediate payroll, thereby ensuring the continuation of all other planned Department of War operations as originally budgeted.
DONALD J. TRUMP
The document concludes with the official signature of the President, Donald J. Trump, authenticating the memorandum.
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