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Showing posts with label Federal Law. Show all posts
Showing posts with label Federal Law. Show all posts

Thursday, March 6, 2025

Social Security Employees are now on Trump's Chopping Block

 


Elon Musk has descended upon  Social Security with the same careless, ruthless abandon he has brought to every other Federal Agency.  An anonymous whistleblower stated the following actions have been taken against the Agency:

1.Probationary attorney-level decision writers who are responsible for assisting Administrative Law Judges were terminated and at a time when the agency has massive backlogs in cases at the Hearing level.

2. The new acting commissioner gloated about firing 14 employees as an "accomplishment" in his commissioner broadcast to the agency.

3. The entire office of Transformation, and its 60+ employees were dissolved. Their purpose was to promote agency-wide efficiencies and faster processing times through oversight over SSA systems and use of information technology.

4. The entire Office of Civil Rights and Equal Opportunity and its 190 employees  were dissolved, including the Commissioner and Deputy Commissioner of Civil Rights.  OCREO conducts statutorily mandated requirements for employees and members of the public including the reasonable accommodation request process, the public facing discrimination complaint process, and the EEOC employment discrimination complaint process. The National RA Coordinator whose position was court ordered was also terminated.

5. Component heads and executives were told to draft plans to slash  Social Security Administration (SSA) by 50% and to reduce the total SSA workforce by seven to eight thousand.

6.SSA staff were sent an email threatening massive reorganization of SSA followed with significant workforce reduction.  The email pressured seasoned employees, even front-line employees, with monetary incentives to resign or take early retirement and threatened to fire employees for cause should they not retire or resign.

7. Executive staff responsible for overseeing regional field office operations were terminated. One region had all but 3 out of 72 staff members terminated and it is very likely that the other ten regions had similar terminations.  The regional executive offices oversee hundreds of field offices.

8. The Acting Commissioner sent out a memo to SSA staff indicating significant restructuring of the agency due to a "bloated workforce and organizational structure", even though staffing at SSA is the lowest it has been in 50 years. The reorganization includes taking the ten regions  that SSA serves and consolidating into four regions; and combining multiple  independent components together in an effort to "downsize"
 or "streamline."  This could potentially lead to massive closures in field offices, a reduction in services, and a significant number of terminations of agency employees.

9. Terminations are happening swiftly and often late in the day to avoid bringing attention to any media or congressional attention to their actions.

10.The trauma they are creating for SSA staff is unreal. According to the whistleblower at least three terminated SSA employees have committed suicide, one which the whistleblower personally knew.

 The Social Security Administration issued a Press Release on the Re-organization that claims a fifty percent workforce reduction is not accurate.  The press release which you can read  HERE  states that the SSA intends to reduce the workforce from 57,000 to 50,000 employees, a reduction of 7,000 jobs.


Tuesday, February 25, 2025

Federal Law Violation: Trump and Musk Have Violated The Foreign Assistance Act of 1961, As Amended

 

Elon Musk Wields Chain Saw at Recent CPAC Conference/Reuters

The argument we most often hear from Trump supporters and his Republican congress is that the President should have the authority to make whatever changes necessary to cut fraud and waste of the agencies under his executive branch of government  The argument sounds plausible, even practical, and lots of Trump supporters have been callously cheering Elon Musk as he takes an axe to the executive branch.  

Elon Musk paraded around with a chainsaw at the CPAC Convention, an image that reinforces his slash and burn  policy of gutting agencies that provide assistance to the poor, the young, and the elderly here and abroad.  His I dare you to stop me attitude resonates poorly with many citizens, but is President Trump and by extension Elon Musk and his DOGE violating  Federal Law?  

The answer is YES, YES, and YES again if the DOGE Checks Elon Musk has promised every U.S. citizen are mailed out- those checks also violate Federal Law and by accepting those checks each of us would be complicit in that violation and could be required by Court Order to pay it back.  Here is why:

The Foreign Assistance Act of 1961 has been amended several times, as recently as December of 2024. Not long after being sworn in, President Trump, created DOGE for Elon Musk who then gutted several Federal Agencies, including USAID and fired thousands of USAID employees, and USAID falls under the jurisdiction of The Foreign Assistance Act of 1961, as amended.

While the Act of 1961, as amended does provide the President with wide authority on funding hundreds of specific  programs stated within the law, from on how to fund those programs to the authority to transfer funding to other programs authorized under the Act. But the law prohibits the President from removing that money that has been appropriated by Congress without proper Notice and without Justification (highlights/underline are my emphasis).

SEC. 634A. ø22 U.S.C. 2394–1¿ NOTIFICATION OF PROGRAM CHANGES.—(a) None of the funds appropriated to carry out the purposes of this Act (except for programs under title III or title IV of chapter 2 of part I, chapter 5 of part I, and programs of disaster relief and rehabilitation) or the Arms Export Control Act may be obligated for any activities, programs, projects, types of material assistance, countries, or other operations not justified, or in excess of the amount justified, to the Congress for obligation under this Act or the Arms Export Control Act for any fiscal year unless the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of each House of the Congress are notified fifteen days in advance of such obligation. Whenever a proposed reprogramming exceeds $1,000,000 and the total amount proposed for obligation for a country under this Act in a fiscal year exceeds by more than $5,000,000 the amount specified for that country in the report required by section 653(a) of this Act, notifications of such proposed reprogrammings shall specify— (1) the nature and purpose of such proposed obligation, and (2) to the extent possible at the time of the proposed obligation, the country for which such funds would otherwise have been obligated. (b) The notification requirement of this section does not apply to the reprogramming— (1) of funds to be used for an activity, program, or project under chapter 1 of part I if the amounts to be obligated for that activity, program, or project for that fiscal year do not exceed by more than 10 percent the amount justified to the Congress for that activity, program, or project for that fiscal year;

President Trump and Elon Musk failed to provide timely notice to Congress in violation of the Act.

While notification under Section 634A is a violation, it is Section 643 that identifies the true depth Administration's violation of this Act. Under Section 643 Savings Provisions, Federal law clearly states, 

Acts not named in that subsection. SEC. 643. ø22 U.S.C. 2402¿ SAVING PROVISIONS.—(a) Except as may be expressly provided to the contrary in this Act, all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law repealed by section 642(a) and the Foreign Assistance Act of 1969 shall continue in full force and effect until modified by appropriate authority. (b) Wherever provisions of this Act establish conditions which must be complied with before use may be made of authority contained in, or funds authorized by, this Act, compliance with, or satisfaction of, substantially similar conditions under Acts listed in section 642(a) and the Foreign Assistance Act of 1969 or Acts repealed by those Acts shall be deemed to constitute compliance with the conditions established by this Act. (c) Funds made available pursuant to provisions of law repealed by section 642(a)(2) and the Foreign Assistance Act of 1969 shall, unless otherwise authorized or provided by law, remain available for their original purposes in accordance with the provisions of law originally applicable thereto, or in accordance with the provisions of law currently applicable to those purposes. 

The Trump/Musk team violated Section 643A (a)(c) with an unauthorized removal of funds that was appropriated by Congress.  The Trump Administration will violate the law further if they send DOGE checks to every U.S. Citizen.  The funding they stripped from these programs, according to the Act, must be used for purposes in accordance with the provision of the law that the funds were originally proposed for or the current law in place for the proposed use.   

If we accept  DOGE checks from Elon Musk, we are may also be violating the Act, since we are not using the funds in accordance with the Act.  Each citizen that accepts the money may have to pay it back, with interest.  I doubt that would actually happen but who knows, anything is possible in this insane environment where the President violates the Federal law he was elected to enforce.

SourceThe Foreign Assistance Act of 1961, As Amended


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