To provide for the continued operation of the Hatch Act Unit of the Office of Special Counsel during a lapse in appropriations, and for other purposes.
Summary
H.R. 5998 aims to ensure the continued operation of the Hatch Act Unit within the Office of Special Counsel (OSC) during government shutdowns caused by lapses in appropriations. It designates the services provided by OSC officers and employees related to Hatch Act violations as essential during such periods. This designation allows these services to continue even when other government functions are suspended due to lack of funding.
Expected Effects
The bill ensures that investigations and enforcement of the Hatch Act, which restricts certain political activities of federal employees, will continue uninterrupted during government shutdowns. This prevents a lapse in oversight and maintains accountability regarding political activity within the federal workforce. It also clarifies that these activities are considered essential for the safety of human life or protection of property under 31 U.S.C. § 1342.
Potential Benefits
- Maintains continuous oversight of federal employee political activities.
- Ensures accountability and prevents potential Hatch Act violations during government shutdowns.
- Protects the integrity of the federal workforce by preventing political coercion or undue influence.
- Provides stability and predictability in the enforcement of ethics regulations.
- Avoids disruption of essential government functions related to political neutrality.
Most Benefited Areas:
Potential Disadvantages
- Potentially prioritizes Hatch Act enforcement over other critical government functions during shutdowns.
- May strain resources within the OSC if shutdowns become frequent or prolonged.
- Could be perceived as an overreach of government authority during times of fiscal constraint.
- Might lead to increased scrutiny and potential chilling effect on legitimate political expression by federal employees.
- The definition of 'safety of human life or protection of property' may be interpreted broadly, leading to unintended consequences.
Constitutional Alignment
The bill aligns with the principle of maintaining a non-partisan civil service, which is implicitly supported by the Constitution's emphasis on a functioning government. While the Constitution does not explicitly address the Hatch Act, the bill's purpose of preventing political coercion and ensuring fair governance aligns with the broader goals of the Constitution. The bill does not infringe upon any specific constitutional rights, such as freedom of speech, as it only applies to federal employees and their political activities within the scope of their employment.
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).