The President issued a memorandum to the Secretary of Homeland Security and the Director of the Office of Management and Budget in response to the ongoing Department of Homeland Security shutdown, which had caused TSA employees to work without pay for six weeks.
Citing an emergency situation compromising national security due to significant TSA staffing shortfalls and declining morale, the directive orders the responsible parties to use existing funds reasonably linked to TSA operations to compensate affected employees and officers for pay and benefits lost during the shutdown, pending the restoration of regular appropriations by Congress.
Arguments For
The action directly addresses an "unprecedented emergency situation" where critical safety personnel (TSA officers) are working without pay, which threatens national security through staffing shortages and declining morale.
It ensures the continuity of essential public safety functions at domestic airports by providing immediate financial relief to employees who might otherwise leave their posts or call out sick due to financial hardship.
The memorandum asserts the President’s determination that the situation constitutes an emergency compromising the Nation’s security, providing a legal basis for immediate administrative action when Congress fails to act.
It directs the use of funds with a "reasonable and logical nexus" to TSA operations, attempting to stay within existing legal appropriations authority (citing 31 U.S.C. 1301(a)).
Arguments Against
Counterarguments may focus on the separation of powers, suggesting that appropriating funds to pay federal employees when Congress has not authorized the funding violates Congressional budgeting authority.
Concerns might arise regarding the legality of using funds "that have a reasonable and logical nexus to TSA operations" if the specific use is not explicitly authorized by existing appropriations language, potentially straining other operational accounts.
The memorandum is intended to supersede the need for Congressional action on funding, which opponents might view as an executive overreach circumventing legislative responsibility for government funding disputes.
The document explicitly states it does not create any enforceable legal right or benefit, which could lead to confusion or potential future legal challenges regarding payment consistency once regular funding is restored.
MEMORANDUM FOR THE SECRETARY OF HOMELAND SECURITY
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Paying Our Great Transportation Security Administration Officers and Employees
This section formally addresses the directive to the Secretary of Homeland Security (DHS) and the Director of the Office of Management and Budget (OMB).
The subject clearly states the purpose: providing payment to Transportation Security Administration (TSA) officers and employees.
As the Democrat-caused shutdown of the Department of Homeland Security (DHS) continues well into its sixth week, America’s air travel system has reached its breaking point. This is an unprecedented emergency situation. Currently, more than 60,000 Transportation Security Administration (TSA) employees, including approximately 50,000 transportation security officers who perform security functions at domestic airports, are not being paid due to congressional Democrats’ reckless decision to prioritize criminal illegal aliens over American citizens and shut down DHS until their demand to prohibit enforcement of Federal immigration law is met.
This paragraph outlines the context: a lengthy DHS shutdown attributed to congressional actions regarding immigration enforcement priorities.
It states that the air travel system is at a breaking point because over 60,000 TSA employees, including 50,000 security officers at airports, have not received paychecks.
Since the shutdown began, nearly 500 transportation security officers have left their positions, and thousands more have begun to call out sick at record rates due to lack of pay. As a result, security wait times at some airports have reached untenable lengths of three or more hours. These increased wait times, combined with declining morale among TSA staff, unacceptably heighten the risk of security vulnerabilities within our domestic travel system and has negatively impacted countless Americans.
This describes the operational impact of non-payment.
Almost 500 security officers have quit, and many others are calling out sick, leading to severe security wait times exceeding three hours at some airports.
These issues are cited as increasing security risks within the domestic travel system.
If Democrats in the Congress will not act to honor the service of our TSA officers, who are now performing their critical public safety responsibilities without knowing whether they will be able to buy food for their families or pay their rent, then my Administration will take action. As President of the United States, I have determined that these circumstances constitute an emergency situation compromising the Nation’s security.
The President declares that if Congress fails to provide payment to honor the TSA officers' service during the shutdown, the Administration will intervene.
The President formally determines that these circumstances present an emergency that compromises the security of the nation.
Accordingly, I hereby direct the Secretary of Homeland Security, in coordination with the Director of the Office of Management and Budget, to use funds that have a reasonable and logical nexus to TSA operations to provide TSA employees with the compensation and benefits that would have accrued to them if not for the Democrat-led DHS shutdown, consistent with applicable law, including 31 U.S.C. 1301(a).
This is the core directive. The Secretary of Homeland Security, working with the OMB Director, must use funds that are logically connected to TSA operations to pay the employees the salary and benefits they missed due to the shutdown.
This action must comply with applicable law, specifically referencing 31 U.S.C. 1301(a), which generally deals with the application of appropriations.
Once regular funding for TSA has been restored, every effort should be made, as authorized by law, to adjust applicable funding accounts within DHS to ensure the continuation of DHS operations and activities consistent with planned expenditures prior to the lapse.
This directs that once Congress passes regular funding legislation, DHS must adjust its funding accounts to balance or compensate for the temporary use of funds directed by this memorandum, ensuring future operations align with initial budget plans.
Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to an executive department or agency, or the head thereof; or the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
This functions as a standard legal disclaimer.
It clarifies that the directive does not interfere with the statutory authority of executive departments or the OMB regarding budget and legislative matters.
It also states that the memorandum must follow existing law and available funds, and intentionally does not create any enforceable legal rights for any person or party against the government.
DONALD J. TRUMP
The post Paying Our Great Transportation Security Administration Officers and Employees appeared first on The White House.
This concludes the document, bearing the signature of Donald J. Trump.
The appended text is website boilerplate indicating the original posting date and source location of the presidential action.
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