[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6062 Introduced in House (IH)]
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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.
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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