National Security Presidential Memorandum/Nspm-8
Summary
This National Security Presidential Memorandum (NSPM-8) addresses a lapse in annual appropriations that affects military pay and allowances. The memorandum directs the Secretary of War, in coordination with the Director of the Office of Management and Budget, to utilize available Department of War funds from Fiscal Year 2026 to ensure timely disbursement of pay to active duty and reserve component military personnel. This action is taken due to a congressional stalemate and the potential threat to military readiness.
The President invokes Article 2 of the United States Constitution as the basis for this directive, acting as Commander in Chief. The memorandum also stipulates that funds used must have a reasonable and logical relationship to military pay and allowances, consistent with applicable law, including 31 U.S.C. 1301(a).
Finally, the memorandum instructs that at the conclusion of the appropriations lapse, efforts should be made to adjust funding accounts within the Department of War to ensure the continuation of planned operations and activities.
Expected Effects
The primary effect of this memorandum is to ensure that military personnel receive their paychecks on time despite the appropriations lapse. This prevents disruption to military readiness and morale.
It also temporarily reallocates funds within the Department of War, potentially impacting other planned expenditures until the appropriations lapse is resolved. The action aims to mitigate the immediate financial impact on military personnel and their families.
Potential Benefits
- Ensures timely payment of military personnel during a lapse in appropriations.
- Maintains military readiness and morale by preventing financial hardship for service members.
- Provides a temporary solution to a critical funding gap caused by congressional gridlock.
- Prevents potential negative impacts on national security due to a demoralized or financially strained military force.
- Demonstrates commitment to supporting military personnel and their families.
Most Benefited Areas:
Potential Disadvantages
- May require reallocation of funds from other important Department of War programs, potentially delaying or reducing those activities.
- Could be viewed as an overreach of executive power, infringing on Congress's power of the purse.
- Creates uncertainty about the long-term funding of Department of War operations after the appropriations lapse ends.
- May set a precedent for using executive authority to circumvent congressional appropriations processes in future funding disputes.
- Relies on the Secretary of War's interpretation of 'reasonable, logical relationship' which could be subject to legal challenges.
Most Disadvantaged Areas:
Constitutional Alignment
The memorandum cites Article 2 of the US Constitution, which establishes the President as the Commander in Chief of the Armed Forces. This provides a basis for the President to take actions deemed necessary to maintain military readiness.
However, Article 1, Section 9, Clause 7 states that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." This clause grants Congress the power of the purse, raising questions about the constitutionality of redirecting funds without explicit congressional approval.
The memorandum attempts to address this by directing the use of already appropriated funds and aiming to restore funding allocations after the lapse, but the constitutional alignment remains debatable.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).