Hatch Act Accountability Act
Bill: H.R.6062 | Sponsor: Rep. Maloney, Carolyn B. (D-NY)
Policy area: Government Operations and Politics

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.

To amend title 5, United States Code, to strengthen and enhance 
  enforcement and penalties of the Hatch Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hatch Act Accountability Act''.

SEC. 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),''; and
            (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' means any 
individual, other than the President and the Vice-President, employed 
or holding office--
            ``(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'' the following: ``, 
including the Executive Office of the President, the Office of the Vice 
President, and any other office of the White House,''.
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