Sec. 1002. Strengthening Hatch Act enforcement and penalties against political appointees
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Section 1216 of title 5, United States Code, as amended by section 307, is amended— in subsection (c), by striking (1), ; and by adding at the end the following: In addition to the authority otherwise provided in this chapter, the Special Counsel— 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 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.
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. Consistent with paragraph (3), 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 assess an administrative fine, not to exceed $50,000, against such political appointee.
Any political appointee assessed a fine under paragraph
(1)shall have the opportunity to request a hearing in a time and manner prescribed for by regulations issued by the Special Counsel. If a political appointee assessed a fine under paragraph
(1)does not request a hearing under subparagraph (A), the decision of the Special Counsel finding a violation and assessing a fine shall be considered a final decision and shall not be subject to judicial review. If a political appointee requests a hearing under subparagraph (A), the Special Counsel shall conduct a hearing in accordance with section 554 and issue a final decision not more than 30 days after the conclusion of the hearing. Not later than 30 days after the issuance of a final decision by the Special Counsel under subparagraph (C), the political appointee who is the subject of the final decision may file an action seeking judicial review in accordance with section 702. Consistent with paragraph (3), the Special Counsel may file a civil action in the district courts of the United States seeking an order and such other relief as the court deems appropriate to enforce a final decision by the Special Counsel under this paragraph. The Special Counsel may not assess an administrative fine or file a civil action to enforce a final decision of the Special Counsel under paragraph (2)— unless no disciplinary action or civil penalty has been taken or assessed, respectively, against the political appointee pursuant to section 7326; and 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). 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, or took no disciplinary action against the political appointee. Not later than 14 days after receiving a written statement under subparagraph (A)— 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 publish the written statement on the public website of the Office of Special Counsel. 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— 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 publish the report and such communications on the public website of the Office of Special Counsel. In this subsection, the term political appointee means any individual, other than the President and the Vice-President, employed or holding office— 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 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). . 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, .