Why It Matters
Cabinet Secretaries and high-level officials are partly exempt from the Hatch Act's on-duty ban but remain bound by its official-authority prohibition, according to a new Congressional Research Service (CRS) report.
The Office of Special Counsel (OSC) has found Cabinet Secretaries in violation of that remaining prohibition, and any political activity by exempt officials triggers a Treasury reimbursement requirement, with OSC recommending agencies collect within 30 days of the event.
The Big Picture
The Hatch Act, enacted in 1939, was designed to curb political patronage in the civil service, with its underlying rationale holding that government efficiency requires nonpartisan administration. A 1993 amendment created the exemption at issue: certain officials deemed to be on duty at all times may engage in political activity while on duty. For Senate-confirmed officials, the exemption applies only to a position "located within the United States" that "determines policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of Federal laws."
The official-authority prohibition bars using an official title or government role to interfere with or affect an election result, regardless of exemption status. OSC has concluded that a Cabinet Secretary violated the Hatch Act when she attended an event to speak about administration policies and endorsed a candidate for partisan political office. In a separate case, OSC found a violation when a Cabinet Secretary authorized a change to agency rules to allow himself to address a political convention to promote a candidate's reelection campaign.
Enforcement against Senate-confirmed officials follows a distinct path: complaints must be presented to the President for "appropriate action" rather than to the Merit Systems Protection Board. OSC has no disciplinary role over those officials beyond issuing a report and cannot recover costs unless the official voluntarily cooperates.
The Bottom Line
Two bills introduced in the 119th Congress address Hatch Act enforcement transparency: H.R. 1688, the Hatch Act Enforcement Transparency and Accountability Act, was referred to the House Oversight and Government Reform Committee on Feb. 27, 2025. S. 806, which shares H.R. 1688's title, was read twice and referred to the Senate Homeland Security and Governmental Affairs Committee on February 27, 2025, the same date H.R. 1688 was referred to the House Oversight and Government Reform Committee. Neither bill has advanced beyond committee referral, and the report names no pending rulemaking or scheduled congressional action on the Hatch Act framework.
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