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White House Cites Historical Powers to Pay Troops With Pentagon R&D Funds During Shutdown

An OMB memo to Congress invokes historical emergency authority to defend reallocating Pentagon research funds.

Overview

  • The budget office sent Congress a five-page memo citing examples from George Washington through John F. Kennedy to argue that emergency circumstances permit executive reprogramming.
  • Reporting says the administration redirected roughly $8 billion from unobligated Research, Development, Test and Evaluation accounts to cover active-duty military pay during the shutdown.
  • An Oct. 15 presidential directive stated that a missed payroll would pose “a serious and unacceptable threat to military readiness and the ability of our Armed Forces to protect and defend our Nation.”
  • Legal experts and former officials argue the move likely violates the Antideficiency Act and encroaches on Congress’ constitutional control over appropriations.
  • The decision changes shutdown negotiating leverage by paying troops while other federal workers go unpaid, as OMB also advances contested steps on furlough backpay, layoffs and Army Corps projects.