RNC Act

I 116TH CONGRESS 2D SESSION H. R. 8111 To amend title 5, United States Code, to increase the penalties for violating the Hatch Act, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 25, 2020 Mr. QUIGLEY (for himself, Mr. HASTINGS, Ms. NORTON, and Ms. SCHA- KOWSKY) introduced the following bill; which was referred to the Com- mittee on Oversight and Reform A BILL To amend title 5, United States Code, to increase the penalties for violating the Hatch Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; FINDINGS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Reducing Nefarious Crimes Act’’ or the ‘‘RNC Act’’. 5 (b) FINDINGS.—Congress finds the following: 6 (1) The U.S. Office of Special Counsel (‘‘OSC’’) 7 found that Counselor to the President Kellyanne 8 Conway violated the Hatch Act on numerous occa- 9 sions by disparaging Democratic candidates for 10 VerDate Sep 11 2014 19:21 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8111.IH H8111 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8111 IH President in 2019, and in 2018 by advocating for 1 and against candidates in the 2017 special election 2 for Senate in Alabama. 3 (2) Ambassador Nikki Haley, then serving as 4 U.S. Ambassador to the United Nations, retweeted 5 an endorsement by President Trump for a congres- 6 sional candidate in 2017. 7 (3) In 2019, the OSC determined that former 8 Secretary of the Interior Ryan Zinke violated the 9 Hatch Act by posting a picture on Twitter that 10 showed him in socks adorned with Trump campaign 11 insignia. 12 (4) In 2018, the OSC found six White House 13 staff, Madeline Westerhout, Alyssa Farah, Jacob 14 Wood, Raj Shah, Jessica Ditto, and Helen Aguirre 15 Ferre, in violation of the Hatch Act for social media 16 posts on their official Twitter accounts. 17 (5) In 2017, the OSC determined that White 18 House Director of Social Media Dan Scavino vio- 19 lated the Hatch Act when he used Twitter to call for 20 the defeat of a then-sitting Republican Member of 21 the House. 22 (6) Jared Kushner spoke at length during a tel- 23 evision interview on how the impeachment trial bene- 24 fitted President Trump politically. 25 VerDate Sep 11 2014 19:21 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8111.IH H8111 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8111 IH (7) In 2019, Ivanka Trump used her official 1 Twitter account to post political content relating to 2 President Trump’s reelection campaign and Ms. 3 Trump may have violated the Standard of Conduct 4 that prevents White House employees to endorse any 5 product. 6 (8) White House Chief of Staff Mark Meadows 7 and Senior Advisor to the President Stephen Miller 8 criticized then-presumptive Democratic nominee for 9 President, Joe Biden, during interviews while in 10 their official capacity as White House staff. 11 (9) As President, Donald J. Trump has given 12 numerous political speeches in which he disparages 13 political opponents from the White House. 14 (10) The President, Donald J. Trump, planned 15 to give his acceptance speech for the Republican 16 Nomination for President at the Republican Na- 17 tional Convention on the White House grounds using 18 Federal resources, thereby compelling Government 19 employees to violate the Hatch Act on his behalf. 20 SEC. 2. INCREASE IN HATCH ACT PENALTIES. 21 (a) IN GENERAL.—Section 7326 of title 5, United 22 States Code, is amended— 23 (1) in paragraph (1), by striking ‘‘5 years’’ and 24 inserting ‘‘7 years’’; and 25 VerDate Sep 11 2014 19:21 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8111.IH H8111 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8111 IH (2) in paragraph (2), by striking ‘‘$1,000’’ and 1 inserting ‘‘$50,000’’. 2 (b) APPLICATION.—The amendments made by sub- 3 section (a) shall apply to any violation of section 7323 or 4 7324 of title 5, United States Code, occurring on or after 5 the date of enactment of this Act. 6 SEC. 3. WHITE HOUSE GROUNDS COVERED UNDER HATCH 7 ACT. 8 Section 7324(a)(2) of title 5, United States Code, is 9 amended by inserting after ‘‘building’’ the following: ‘‘(in- 10 cluding the White House and surrounding grounds, in- 11 cluding the Rose Garden, but not including the executive 12 residence)’’. 13 Æ VerDate Sep 11 2014 19:21 Sep 06, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8111.IH H8111 pbinns on DSKJLVW7X2PROD with BILLS