Regarding a report by a website named The Daily Caller (among many).
Priests threatened with arrest if they minister to military during shutdown
“With the government shutdown, many [government service] and contract priests who minister to Catholics on military bases worldwide are not permitted to work – not even to volunteer,” wrote John Schlageter, the general counsel for the Archdiocese for the Military Services USA, in an op-ed this week. “During the shutdown, it is illegal for them to minister on base and they risk being arrested if they attempt to do so.”
Catholic priests have been in short supply for the military for some time. When my twins were baptized in 1981 in Munich, the priest was a contractor. Part of the problem of the lack of priests was because of decreased vocations, and part of it was a "main line denomination" decrease in the number of priests and pastors choosing to be military chaplains in the wake of the war in Vietnam.
The "arrest" part might be entering a controlled area during the shutdown when access might be severely restricted to control any misbehavior on the parts of people who aren't happy about the shutdown of the government by the House of Representatives' refusal to govern. The members of Congress grandstanding over this issue can solve the problem easily -- do their jobs and govern instead of having a tantrum.
The restriction against "ministering" probably has to do with the legal ramifications of the contracts.
When I was a new employee in the military community civilian personnel office in Fulda, Germany in the mid-1970s, I was the only American in the office. The office was new to administering the personnel actions of American civilian workers in the community and the three people already in the office were Germans who administered the civilian personnel side for the German employees. German employees of the American Army far outnumbered American employees because of treaty agreements, for continuity reasons, and because there were no American workers to be plumbers, electricians, maintenance people, or fill many other jobs.
Anyhow, I was a GS-3, and as a probationary employee I wasn't supposed to work unsupervised. The wrinkle was, German and American holidays. As an American employee I would be working on German holidays while my German supervisors would be at home, holidaying.
To try to solve the problem, I volunteered to work on American holidays when my immediate supervisors were at work, and to take off on German holidays while they were off. The problem with my solution was that would mess with the needs of the American employees, and it was illegal, as in against existing pay regulations.
My American boss (in a community 50 miles away -- we were a satellite office) worked it out by having me call her on the telephone at regular intervals throughout the day (a solution that seemed to last only for the first German holiday).
The contracts with the priests probably have similar regulatory restrictions.
I'm guessing the restriction on ministering would apply only to services held in chapels on military installations. Catholic service members are free to attend any Catholic church and the contractors are free to celebrate mass in their home church.
This has nothing to do with the First Amendment and seems to have everything to do with members of Congress making a mess and trying to fix it by special exception "bandages" whenever someone they favor is inconvenienced or the "bandage" would make a good Tweet.
Update:
The law governing whether employees can "volunteer" their services is the Antideficiency Act. This law was not passed to deal with the current government shutdown (has any law been passed recently?), but is from 1884 (according to Wikipedia). Yes, eighteen-eighty-four.
According to the Antideficiency page at the GAO site,
The Antideficiency Act prohibits federal employees from
- making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law. 31 U.S.C. § 1341(a)(1)(A).
- involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law. 31 U.S.C. § 1341(a)(1)(B).
- accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property. 31 U.S.C. § 1342.
- making obligations or expenditures in excess of an apportionment or reapportionment, or in excess of the amount permitted by agency regulations. 31 U.S.C. § 1517(a).
You'd think that lawmakers would know something about the laws they're tinkering with.
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