[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1688 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1688
To amend title 5, United States Code, to increase the accountability of
the Office of Special Counsel in enforcing certain provisions of that
title vigorously, consistently, and without regard to the political
affiliation, career status, or personal characteristics of individuals
subject to those provisions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2025
Mr. Garcia of California introduced the following bill; which was
referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to increase the accountability of
the Office of Special Counsel in enforcing certain provisions of that
title vigorously, consistently, and without regard to the political
affiliation, career status, or personal characteristics of individuals
subject to those provisions, 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 Enforcement Transparency
and Accountability Act''.
SEC. 2. ADDITION OF DEFINITIONS.
(a) In General.--Subchapter II of chapter 12 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 1219a. Definitions
``In this subchapter:
``(1) Career employee.--The term `career employee' means an
individual who is--
``(A) an employee, as that term is defined in
section 7322; and
``(B) not a noncareer employee.
``(2) Covered allegation.--The term `covered allegation'
means an allegation concerning political activity prohibited
under subchapter III of chapter 73.
``(3) Noncareer employee.--The term `noncareer employee'
means an individual who is--
``(A) an employee, as defined in section 2105,
serving in a position in the executive branch; and
``(B)(i) serving in a position to which the
President appointed the individual (without regard to
whether the advice and consent of the Senate was
required with respect to that appointment), other than
an individual who is--
``(I) a member of a uniformed service, as
that term is defined in section 210(m) of the
Social Security Act (42 U.S.C. 410(m)); or
``(II) a member of the Foreign Service
serving under a career appointment, as
described in section 301 of the Foreign Service
Act of 1980 (22 U.S.C. 3941);
``(ii) a noncareer appointee, as that term is
defined in section 3132(a);
``(iii) serving in a position in a Federal
executive system that is comparable to the Senior
Executive Service, the appointment to which is not made
through merit-based procedures, such as a position in
the Transportation Security Executive Service; or
``(iv) serving in a position with respect to which
a determination has been made under section
7511(b)(2).''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 12 of title 5, United States Code, is amended
by adding at the end the following:
``1219a. Definitions.''.
SEC. 3. NOTIFYING CONGRESS IN THE EVENT OF A DECISION NOT TO
INVESTIGATE A NONCAREER EMPLOYEE.
Section 1217 of title 5, United States Code, is amended by adding
at the end the following:
``(c) Notification of Congress in the Event of Certain
Declinations.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, and once every 180 days
thereafter, the Special Counsel shall submit to the Chair and
Ranking Member of each of the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives
a written report that contains, for the period covered by the
report, the number of complaints received by the Special
Counsel that the Special Counsel referred for disciplinary
action.
``(2) Contents.--Each report required under paragraph (1)
shall--
``(A) include--
``(i) a copy of the applicable complaint;
``(ii) the name and position of the
employee who is the subject of the applicable
complaint; and
``(B) be organized to indicate whether the employee
who is the subject of each complaint contained in the
report is a career employee or a noncareer employee.''.
SEC. 4. REPORTING TO CONGRESS.
(a) In General.--Section 1218 of title 5, United States Code, is
amended--
(1) in the section heading, by striking ``report'' and
inserting ``reports'';
(2) in the matter preceding paragraph (1), by striking
``The Special'' and inserting the following:
``(a) In General.--The Special''; and
(3) by adding at the end the following:
``(b) Report Regarding Allegations Against Noncareer Employees.--In
addition to each report required under subsection (a), the Special
Counsel shall submit to the Chair and Ranking Member of each committee
of jurisdiction in Congress, on an annual basis, a report regarding the
activities of the Special Counsel with respect to covered allegations
against noncareer employees and former noncareer employees, which shall
include--
``(1) for the year preceding the submission of the report,
the number of such covered allegations received by the Special
Counsel;
``(2) the number of such covered allegations that have
resulted in an investigation conducted by the Special Counsel,
whether the investigation was initiated during the year covered
by the report or thereafter; and
``(3) in a confidential addendum submitted to the Chair and
Ranking Member of each of the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives--
``(A) with respect to each such covered allegation
not investigated, the name and position of the
noncareer employee (or former noncareer employee) who
was the subject of the covered allegation; and
``(B) a description of each such covered allegation
for which processing of the covered allegation ceased
during the year covered by the report, without regard
to whether the covered allegation was received during
the year covered by the report or earlier, which shall
include--
``(i) a description of the outcome of the
covered allegation; and
``(ii) in the case of a covered allegation
against a noncareer employee who is not serving
in a position with respect to which appointment
by the President, by and with the advice and
consent of the Senate, is required (or against
a former noncareer employee who was not serving
in such a position, as of the date on which the
actions that are the subject of the covered
allegation occurred), a statement as to
whether--
``(I) the Special Counsel, under
section 1215(a), presented a complaint
to the Merit Systems Protection Board
against the noncareer employee (or
former noncareer employee) concerning
the actions that are the subject of the
covered allegation; and
``(II) any civil penalty assessed
by the Merit Systems Protection Board
under section 7326 with respect to the
covered allegation has been collected
in full.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 12 of title 5, United States Code, is amended
by striking the item relating to section 1218 and inserting the
following:
``1218. Annual reports.''.
SEC. 5. PUBLIC TRANSPARENCY IN HATCH ACT ENFORCEMENT.
Section 1219 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) a detailed written explanation of the complete basis
for each decision of the Special Counsel not to present, under
section 1215(a), a complaint to the Merit Systems Protection
Board against any noncareer employee determined by the Special
Counsel to have violated subchapter III of chapter 73, except
that this paragraph shall not apply with respect to a noncareer
employee who is serving in a position for which nomination by
the President, by and with the advice and consent of the
Senate, is required (unless such a noncareer employee is
serving in a position in the Foreign Service).'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Publication of Demographic Statistics Regarding Certain
Enforcement.--
``(1) In general.--The Special Counsel shall track,
publish, and keep current on the official website of the Office
of Special Counsel the following information, which shall
remain on that website for a period of not less than 10 fiscal
years, beginning with the fiscal year to which the information
pertains:
``(A) On an ongoing basis, the following anonymized
information pertaining to covered allegations against
career employees, which shall be organized by fiscal
year:
``(i) The number of career employees who
were the subject of covered allegations
received by the Special Counsel during the
applicable fiscal year.
``(ii) With respect to the career employees
identified under clause (i)--
``(I) the number of those career
employees who the Special Counsel
investigated, without regard to whether
the investigation occurred during the
fiscal year in which the Special
Counsel received the initial covered
allegation with respect to such a
career employee or during a subsequent
fiscal year; and
``(II) the number of those career
employees who were the subject of a
complaint presented by the Special
Counsel to the Merit Systems Protection
Board with respect to the applicable
covered allegation, without regard to
whether the Special Counsel presented
such a complaint during the fiscal year
in which the Special Counsel received
the initial covered allegation with
respect to such a career employee or
during a subsequent fiscal year.
``(iii) For clauses (i) and (ii),
demographic information pertaining to the race,
sex, ethnicity, national origin, and disability
status of the applicable career employees.
``(B) On an ongoing basis, the following anonymized
information pertaining to covered allegations against
noncareer employees, which shall be organized by fiscal
year:
``(i) The number of noncareer employees who
were the subject of covered allegations
received by the Special Counsel during the
applicable fiscal year.
``(ii) With respect to the noncareer
employees identified under clause (i)--
``(I) the number of those noncareer
employees who the Special Counsel
investigated, without regard to whether
the investigation occurred during the
fiscal year in which the Special
Counsel received the initial covered
allegation with respect to such a
noncareer employee or during a
subsequent fiscal year; and
``(II) the number of those
noncareer employees who were the
subject of a complaint presented by the
Special Counsel to the Merit Systems
Protection Board with respect to the
applicable covered allegation, without
regard to whether the Special Counsel
presented such a complaint during the
fiscal year in which the Special
Counsel received the initial covered
allegation with respect to such a
noncareer employee or during a
subsequent fiscal year.
``(iii) For clauses (i) and (ii),
demographic information pertaining to the race,
sex, ethnicity, national origin, and disability
status of the applicable noncareer employees.
``(2) Demographic information.--The Director of the Office
of Personnel Management, the head of the agency employing an
individual who is the subject of a complaint filed with the
Special Counsel, and, as applicable, the White House
Presidential Personnel Office shall, upon request, provide the
Special Counsel with information pertaining to the race, sex,
ethnicity, national origin, disability status, and status as a
career employee or noncareer employee of that individual, if
that information has already been collected in connection with
the Federal employment or former Federal employment of that
individual.''.
SEC. 6. SEVERABILITY.
If any provision of this Act, or of any amendment made by this Act,
or the application of any provision of this Act, or of any amendment
made by this Act, to any person or circumstance is held to be
unconstitutional, the remainder of this Act, and the amendments made by
this Act, and the application of the provision this Act, or of the
amendment made by this Act, to any other person or circumstance shall
not be affected by the holding.
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