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.
- Bill Number
- H.R. 5998
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-11-10: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2025-11-25T19:34:45Z
AI-Generated Summary
Purpose
This bill (H.R. 5998) aims to ensure the Hatch Act Unit within the Office of Special Counsel (OSC) can continue its operations during periods when federal government funding lapses, such as a government shutdown. The Hatch Act is a law that limits certain political activities by federal employees to maintain neutrality in government service.
Key Provisions
- Continued Operations During Funding Lapses: During a lapse in appropriations (when Congress has not approved funding), any work by OSC officers or employees on enforcing sections 7323 and 7324 of title 5, United States Code (which cover restrictions on political activities by federal employees), is classified as emergency services.
- Exemption from Antideficiency Act: This classification deems such work as essential for "emergencies involving the safety of human life or the protection of property" under section 1342 of title 31, United States Code (the Antideficiency Act). This law generally prohibits federal employees from working without appropriated funds, but the exemption allows OSC's Hatch Act enforcement to proceed uninterrupted.
Significant Changes to Existing Law
- The bill modifies the application of the Antideficiency Act specifically for OSC's Hatch Act duties, creating a narrow exception. Previously, during shutdowns, non-essential OSC functions, including Hatch Act enforcement, would typically halt due to lack of funding, as they are not automatically deemed emergency services.
Potential Impacts
- On Government Agencies: The OSC can maintain oversight of federal employees' political activities without interruption, preventing delays in investigations or enforcement during funding crises.
- On Citizens and Federal Employees: Federal workers subject to the Hatch Act (most executive branch employees) benefit from consistent enforcement rules, reducing risks of partisan activities going unchecked during shutdowns. Citizens interacting with government may see sustained protections against politicized federal operations.
- On International Relations: No direct impacts, as the bill focuses on domestic federal employee conduct.
Main Stakeholders Affected
- Office of Special Counsel (OSC): Gains authority to operate its Hatch Act Unit during shutdowns, ensuring resource allocation for enforcement.
- Federal Employees: Over 4 million civilian executive branch workers covered by the Hatch Act, who must adhere to political activity restrictions; continued OSC operations help enforce compliance.
- Congress and Oversight Committees: The bill was referred to the House Committee on Oversight and Government Reform, indicating congressional interest in government accountability during fiscal disruptions.
- Taxpayers and the Public: Indirectly affected through maintained government integrity and prevention of potential abuses during funding lapses.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens OSC's independence by carving out a specific exemption under the Antideficiency Act, potentially setting a precedent for other oversight functions to seek similar protections without broadly undermining fiscal controls.
- Constitutional: Aligns with Article I's appropriations clause by respecting funding limits while prioritizing non-partisan government operations, which supports the broader constitutional principle of an impartial civil service.
- Political: Could reduce partisan advantages during shutdowns (often tied to political disputes), promoting stability in federal workforce neutrality. As a targeted bill introduced in a future Congress (119th, starting 2025), it reflects ongoing concerns about government functionality amid frequent funding battles.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Conaway, Herbert C. [D-NJ-3]
Cosponsors (1)
Recent Actions
- 2025-11-10: Referred to the House Committee on Oversight and Government Reform.
- 2025-11-10: Introduced in House
- 2025-11-10: Introduced in House
Bill Versions
- 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. — issued 2025-11-10 — PDF (2 pages)