Hire American Act
- Sponsor
- Rep. Mace, Nancy [R-SC-1]
- Committees
- Oversight and Government Reform Committee (primary)
- Last action
- May 29, 2026
Bottom line
This bill seeks to mandate U.S. citizenship or nationality as a general requirement for federal employment, with limited exceptions, aiming to prioritize American citizens for government jobs.
What it actually does
This bill amends Title 5 of the U.S. Code to generally prohibit the employment of non-citizens or non-nationals in the Federal Government, including the U.S. Postal Service and Postal Regulatory Commission. It establishes specific, narrow exceptions for temporary translators, emergency field services, international broadcasters, and certain wildland firefighters. The bill also mandates citizenship verification for new hires, OPM guidance for implementation, and reporting on exceptions and existing non-citizen employees.
Proponents argue
Proponents argue that federal government positions should primarily be held by U.S. citizens or nationals to ensure loyalty, national security, and to prioritize employment opportunities for the country's own populace. They may emphasize the importance of public trust and accountability in government service, asserting that a citizen workforce is essential for national interests.
Opponents contend
Opponents might contend that such a broad restriction could hinder the federal government's ability to recruit specialized talent, particularly in niche fields where non-citizen experts might be crucial for national competitiveness or operational effectiveness. They may also argue it could be seen as discriminatory or limit diversity within the federal workforce, potentially impacting innovation and global understanding.
The bill is short and its core provisions are easily understandable, allowing for a quick and comprehensive review by any interested reader.
Section 2(a), adding new section 3117(a) to title 5, United States Code.
Federal Employment Restricted to Citizens/Nationals
This provision establishes a general rule that, with specific exceptions, only U.S. citizens or nationals may be employed by the Federal Government. This includes employees of the United States Postal Service and the Postal Regulatory Commission. It explicitly overrides section 274B of the Immigration and Nationality Act, which generally prohibits discrimination based on citizenship status in employment.
Supporters argue
Supporters argue this provision ensures that federal positions, which often involve sensitive information or public trust, are held exclusively by individuals with an inherent allegiance to the United States. It prioritizes American citizens for government jobs.
Critics contend
Critics may argue this restriction could limit the federal government's access to a global talent pool, potentially hindering its ability to fill specialized roles or leverage diverse perspectives. They might also raise concerns about potential impacts on current non-citizen federal employees.
Tradeoffs
The provision balances the desire to prioritize citizens for federal jobs and ensure national allegiance against the potential loss of specialized talent or diversity in the federal workforce.
Section 2(a), adding new section 3117(b) to title 5, United States Code.
Citizenship Verification for New Hires
Before a federal agency can appoint an individual to a position, the individual must sign an affidavit attesting to their U.S. citizenship or nationality. The appointing entity is then required to verify that the individual meets this requirement, ensuring compliance with the new restriction.
Section 2(a), adding new section 3117(c) to title 5, United States Code.
Limited Exceptions for Non-Citizen Employment
The bill carves out specific, narrow exceptions where non-citizens or non-nationals may still be employed. These include temporary or intermittent translators, temporary or intermittent field services in emergencies, international broadcasters for the United States Agency for Global Media, and nonresident alien wildland firefighters for up to 120 days under international agreements.
Section 2(a), adding new sections 3117(d), (e), and (g) to title 5, United States Code.
OPM Guidance, Reporting, and Existing Employee Assessment
The Director of the Office of Personnel Management (OPM) is mandated to issue guidance for federal agencies on implementing this section within 180 days of enactment. OPM must also publish reports in the Federal Register detailing each appointment made under an exception, including the agency, exception used, and duration, along with an explanation of efforts to appoint citizens. Furthermore, OPM must report to Congress within 180 days on the number of existing non-citizen employees, disaggregated by agency and position, and how many fall under an exception.
Section 2(a), adding new section 3117(f) to title 5, United States Code.
Penalties for False Citizenship Affidavits
Any individual who knowingly makes a false affidavit regarding their citizenship or nationality, as required for federal employment, will face a fine of up to $50,000, imprisonment for up to 5 years, or both. This provision aims to deter fraudulent attempts to gain federal employment.
The bill explicitly states that its restrictions on non-citizen employment apply "Notwithstanding section 274B of the Immigration and Nationality Act." Section 274B generally prohibits discrimination based on citizenship status in employment, with certain exceptions. This bill effectively overrides that protection for federal employment.
Section 2(a), new section 3117(a), "Notwithstanding section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b)..."
Why it matters:This is standard legislative practice for clarifying statutory intent when a new law interacts with existing law, ensuring the new provision takes precedence. However, it requires external knowledge to fully grasp its implications.
Case for: Proponents would argue this is necessary to ensure the bill's intent to restrict federal employment to citizens is unequivocally clear and takes precedence over other, broader anti-discrimination provisions that might otherwise be interpreted to allow non-citizen employment.
Case against: Opponents might argue that explicitly overriding a provision designed to prevent citizenship-based discrimination could set a concerning precedent or be seen as undermining broader anti-discrimination principles, even if limited to federal employment, potentially leading to legal challenges.
Estimated impact: This clause fundamentally alters the legal framework for federal employment, removing a significant protection against citizenship-based discrimination for non-citizens seeking federal jobs, thereby narrowing the pool of eligible candidates.