H.R.1145 - Nobody Elected Elon Musk Act (119th Congress)
Summary
H.R.1145, the "Nobody Elected Elon Musk Act," proposes holding a special government employee managing the Department of Government Efficiency personally liable for any claims against the Federal Government related to the Department's activities. This includes claims arising from violations of federal labor laws, data privacy laws, threats to national security, and federal appropriations laws.
The bill aims to increase accountability for the actions of this specific government employee. It targets the Department of Government Efficiency within the Executive Office of the President.
The bill was introduced in the House of Representatives and referred to the Committee on the Judiciary.
Expected Effects
If enacted, this bill would shift the financial burden of legal claims against the Department of Government Efficiency from the Federal Government to the individual managing the department. This could deter risky or unlawful behavior by the special government employee.
It may also make it more difficult to attract qualified individuals to the position, as they would be assuming significant personal financial risk. The practical effect would depend on the scope and interpretation of 'activities of the Department'.
Potential Benefits
- Potentially increased accountability for government actions.
- May deter unlawful or negligent behavior within the Department of Government Efficiency.
- Could reduce the financial burden on taxpayers for claims against the department.
- Might encourage more careful oversight of the department's activities.
- Could lead to greater transparency in the department's operations.
Most Benefited Areas:
Potential Disadvantages
- May deter qualified individuals from accepting the position due to personal financial risk.
- Could lead to overly cautious decision-making, hindering the department's efficiency.
- Potential for legal challenges regarding the fairness and constitutionality of holding one individual liable for the actions of an entire department.
- May create a chilling effect on innovation and risk-taking within the department.
- Could lead to increased litigation as individuals seek to avoid personal liability.
Constitutional Alignment
The bill's constitutionality is questionable. It potentially violates due process if it holds an individual liable for actions without adequate control or involvement. The concept of individual liability for governmental actions could conflict with established principles of sovereign immunity and the separation of powers.
Specifically, it could be argued that this bill infringes upon the principles of fairness and equal protection under the law, potentially violating the Fifth Amendment's due process clause. The bill's focus on a specific individual also raises concerns about whether it constitutes a bill of attainder, which is prohibited by Article I, Section 9 and 10 of the Constitution.
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).