Strengthening Hatch Act enforcement and penalties against political appointees

(a) Investigations by office of special counsel Section 1216 of title 5, United States Code, as amended by section 1307 of this Act, is amended— (1) in subsection (c), by striking (1),; and (2) by adding at the end the following: (e) (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 subchapter III of chapter 73. (2) With respect to any investigation under paragraph (1), 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. (f) (1) Notwithstanding section 1215(b), 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 the date on which the Special Counsel receives a written statement under subparagraph (A) of this paragraph, the Special Counsel shall— (i) submit the written statement to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives; 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 on which 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 Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives; and (B) publish the report and the communications described in subparagraph (A) 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 or the Vice President, employed or holding office— (A) in the Executive Office of the President, the Office of the Vice President, or 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).. (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,. (c) Criminal penalty (1) In general Subchapter III of chapter 73 of title 5, United States Code, is amended by adding at the end the following: 7327. Criminal penalty for Hatch Act violations (a) In general Any person who knowingly violates section 7323 or 7324 shall be fined $50,000 (notwithstanding section 3571(e) of title 18), imprisoned for not more than 1 year, or both. Notwithstanding section 3571(e) of title 18, for each violation after the first, the fine applicable under this section shall be double the amount of the fine assessed for the previous violation. (b) Attorney fees A court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which an employee has established, by a preponderance of the evidence, that a superior ordered or otherwise coerced the employee into taking any act that resulted in a violation of section 7323 or 7324.. (2) Clerical amendment The table of sections for subchapter III of chapter 73 of title 5, United States Code, is amended by inserting after the item relating to section 7326 the following: 7327. Criminal penalty for Hatch Act violations.. (3) Training After the first violation by an individual of section 7323 or 7324 of title 5, United States Code, that individual shall be provided training by the employing agency of the individual on how to avoid subsequent violations of either such section.