Hatch Act Accountability Act

To amend title 5, United States Code, to strengthen and enhance enforcement and penalties of the Hatch Act, and for other purposes. 1. Short title This Act may be cited as the Hatch Act Accountability Act 2. Strengthening Hatch Act enforcement and penalties against political appointees (a) Investigations by Office of Special Counsel Section 1216 of title 5, United States Code, is amended— (1) in subsection (c), by striking (1), (2) by adding at the end the following: (d) (1) In addition to the authority otherwise provided in this chapter, the Special Counsel— (A) shall conduct an investigation with respect to any allegation concerning political activity prohibited under subchapter III of chapter 73 (relating to political activities by Federal employees); and (B) may, regardless of whether the Special Counsel has received an allegation, conduct any investigation as the Special Counsel considers necessary concerning political activity prohibited under such subchapter. (2) With respect to any investigation under paragraph (1) of this subsection, the Special Counsel may seek corrective action under section 1214 and disciplinary action under section 1215 in the same way as if a prohibited personnel practice were involved. (e) (1) Notwithstanding subsection (b) of section 1215, consistent with paragraph (3) of this subsection, if after an investigation under subsection (d)(1) the Special Counsel determines that a political appointee has violated section 7323 or 7324, the Special Counsel may present a complaint to the Merit Systems Protection Board under the process provided in section 1215, against such political appointee. (2) Notwithstanding section 7326, a final order of the Board on a complaint of a violation of section 7323 or 7324 by a political appointee may impose an assessment of a civil penalty not to exceed $50,000. (3) The Special Counsel may not present a complaint under paragraph (1) of this subsection— (A) unless no disciplinary action or civil penalty has been taken or assessed, respectively, against the political appointee pursuant to section 7326; and (B) until on or after the date that is 90 days after the date that the complaint regarding the political appointee was presented to the President under section 1215(b), notwithstanding whether the President submits a written statement pursuant to paragraph (4) of this subsection. (4) (A) Not later than 90 days after receiving from the Special Counsel a complaint recommending disciplinary action under section 1215(b) with respect to a political appointee for a violation of section 7323 or 7324, the President shall provide a written statement to the Special Counsel on whether the President imposed the recommended disciplinary action, imposed another form of disciplinary action and the nature of that disciplinary action, or took no disciplinary action against the political appointee. (B) Not later than 14 days after receiving a written statement under subparagraph (A) of this paragraph— (i) the Special Counsel shall submit the written statement to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) publish the written statement on the public website of the Office of Special Counsel. (5) Not later than 14 days after the date that the Special Counsel determines a political appointee has violated section 7323 or 7324, the Special Counsel shall— (A) submit a report on the investigation into such political appointee, and any communications sent from the Special Counsel to the President recommending discipline of such political appointee, to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) publish the report and such communications on the public website of the Office of Special Counsel. (6) In this subsection, the term political appointee (A) in the Executive Office of the President, the Office of the Vice President, and any other office of the White House, but not including any career employee; or (B) in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States). . (b) Clarification on application of Hatch Act to EOP and OVP employees Section 7322(1)(A) of title 5, United States Code, is amended by inserting after Executive agency , including the Executive Office of the President, the Office of the Vice President, and any other office of the White House,

Summary: Hatch Act Accountability Act This bill expands the jurisdiction of the Office of Special Counsel (OSC) to investigate and enforce Hatch Act violations. The Hatch Act prohibits civil service employees in the executive branch of the federal government from engaging in some forms of political activity (e.g., advocating for or against a partisan political party while on duty). The purpose of the act is to maintain a federal workforce free from partisan political influence or coercion. Specifically, the bill allows OSC to investigate Hatch Act violations involving White House political appointees. If OSC determines that a White House political appointee has violated the Hatch Act, the bill allows OSC to refer a complaint to the Merit Systems Protection Board for imposition of a civil penalty of up to $50,000. The bill also allows OSC to investigate Hatch Act violations regardless of whether a complaint has been filed.