I 

117TH CONGRESS 

1ST SESSION H. R. 6062 

To amend title 5, United States Code, to strengthen and enhance enforcement 

and penalties of the Hatch Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2021 

Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. CONNOLLY, and 

Mr. LYNCH) introduced the following bill; which was referred to the Committee on Oversight and Reform 

A BILL 

To amend title 5, United States Code, to strengthen and 

enhance enforcement and penalties of the Hatch Act, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hatch Act Account5 ability Act’’. 


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1 SEC. 2. STRENGTHENING HATCH ACT ENFORCEMENT AND 

2 PENALTIES AGAINST POLITICAL AP3 POINTEES. 

4 (a) INVESTIGATIONS BY OFFICE OF SPECIAL COUN5 SEL.—Section 1216 of title 5, United States Code, is 

6 amended— 

7 (1) in subsection (c), by striking ‘‘(1),’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(d)(1) In addition to the authority otherwise pro10 vided in this chapter, the Special Counsel— 

11 ‘‘(A) shall conduct an investigation with respect 

12 to any allegation concerning political activity prohib13 ited under subchapter III of chapter 73 (relating to 

14 political activities by Federal employees); and 

15 ‘‘(B) may, regardless of whether the Special 

16 Counsel has received an allegation, conduct any in17 vestigation as the Special Counsel considers nec18 essary concerning political activity prohibited under 

19 such subchapter. 

20 ‘‘(2) With respect to any investigation under para21 graph (1) of this subsection, the Special Counsel may seek 

22 corrective action under section 1214 and disciplinary ac23 tion under section 1215 in the same way as if a prohibited 

24 personnel practice were involved. 

25 ‘‘(e)(1) Notwithstanding subsection (b) of section 

26 1215, consistent with paragraph (3) of this subsection, if 


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1 after an investigation under subsection (d)(1) the Special 

2 Counsel determines that a political appointee has violated 

3 section 7323 or 7324, the Special Counsel may present 

4 a complaint to the Merit Systems Protection Board under 

5 the process provided in section 1215, against such political 

6 appointee. 

7 ‘‘(2) Notwithstanding section 7326, a final order of 

8 the Board on a complaint of a violation of section 7323 

9 or 7324 by a political appointee may impose an assess10 ment of a civil penalty not to exceed $50,000. 

11 ‘‘(3) The Special Counsel may not present a com12 plaint under paragraph (1) of this subsection— 

13 ‘‘(A) unless no disciplinary action or civil pen14 alty has been taken or assessed, respectively, against 

15 the political appointee pursuant to section 7326; and 

16 ‘‘(B) until on or after the date that is 90 days 

17 after the date that the complaint regarding the polit18 ical appointee was presented to the President under 

19 section 1215(b), notwithstanding whether the Presi20 dent submits a written statement pursuant to para21 graph (4) of this subsection. 

22 ‘‘(4)(A) Not later than 90 days after receiving from 

23 the Special Counsel a complaint recommending discipli24 nary action under section 1215(b) with respect to a polit25 ical appointee for a violation of section 7323 or 7324, the 


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1 President shall provide a written statement to the Special 

2 Counsel on whether the President imposed the rec3 ommended disciplinary action, imposed another form of 

4 disciplinary action and the nature of that disciplinary ac5 tion, or took no disciplinary action against the political 

6 appointee. 

7 ‘‘(B) Not later than 14 days after receiving a written 

8 statement under subparagraph (A) of this paragraph— 

9 ‘‘(i) the Special Counsel shall submit the writ10 ten statement to the Committee on Oversight and 

11 Reform of the House of Representatives and the 

12 Committee on Homeland Security and Governmental 

13 Affairs of the Senate; and 

14 ‘‘(ii) publish the written statement on the public 

15 website of the Office of Special Counsel. 

16 ‘‘(5) Not later than 14 days after the date that the 

17 Special Counsel determines a political appointee has vio18 lated section 7323 or 7324, the Special Counsel shall— 

19 ‘‘(A) submit a report on the investigation into 

20 such political appointee, and any communications 

21 sent from the Special Counsel to the President rec22 ommending discipline of such political appointee, to 

23 the Committee on Oversight and Reform of the 

24 House of Representatives and the Committee on 


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1 Homeland Security and Governmental Affairs of the 

2 Senate; and 

3 ‘‘(B) publish the report and such communica4 tions on the public website of the Office of Special 

5 Counsel. 

6 ‘‘(6) In this subsection, the term ‘political appointee’ 

7 means any individual, other than the President and the 

8 Vice-President, employed or holding office— 

9 ‘‘(A) in the Executive Office of the President, 

10 the Office of the Vice President, and any other office 

11 of the White House, but not including any career 

12 employee; or 

13 ‘‘(B) in a confidential, policy-making, policy-de14 termining, or policy-advocating position appointed by 

15 the President, by and with the advice and consent 

16 of the Senate (other than an individual in the For17 eign Service of the United States).’’. 

18 (b) CLARIFICATION ON APPLICATION OF HATCH ACT

19 TO EOP AND OVP EMPLOYEES.—Section 7322(1)(A) of 

20 title 5, United States Code, is amended by inserting after 

21 ‘‘Executive agency’’ the following: ‘‘, including the Execu22 tive Office of the President, the Office of the Vice Presi23 dent, and any other office of the White House,’’. 

Æ 


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