the Hatch Act
The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law. Its main provision prohibits civil-service employees in the executive branch of the federal government,[3] except the president and vice president,[4] from engaging in some forms of political activity.
It became law on August 2, 1939.
The law was named for Senator Carl Hatch of New Mexico.[5] It was most recently amended in 2012.
Applicability to U.S. uniformed service personnel
The Hatch Act does not apply to military members of the uniformed services of the United States,
although it does apply to Department of Defense civil servants, as well as Department of Homeland Security civil servants in direct support of the United States Coast Guard.
Members of the U.S. Armed Forces are subject to Department of Defense Directive 1344.10 (DoDD 1344.10), Political Activities by Members of the Armed Forces, and the spirit and intent of that directive is effectively the same as that of the Hatch Act for Federal civil servants.
By agreement between the Secretary of Defense and the Secretary of Homeland Security, DoDD 1344.10 also applies to uniformed personnel of the Coast Guard at all times, whether it is operating as a service in the Department of Homeland Security or as part of the Navy under the Department of Defense.
As a directive, DoDD 1344.10 is considered to be in the same category as an order or regulation, and military personnel violating its provisions can be considered in violation of Article 92 (Failure to obey order or regulation) of the Uniform Code of Military Justice.[28][29][30]
Members of the United States Public Health Service Commissioned Corps are subject to specific Health and Human Service regulations found in Title 44, Code of Federal Regulations Part 73 Subpart F.[31]
Hatch Act guidelines for NOAA Corps Officers are provided by United States Department of Commerce, Office of the General Counsel, Ethics Law and Program Division.[32]
Career members of the Senior Executive Service, administrative law judges, and National Oceanic and Atmospheric Administration Corps officers are all subject to Hatch Act restrictions and have additional limitations on their off-duty political activities.[33]