119-hr1688

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1688 Introduced in House

    (IH) ]

<DOC>

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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