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Requires the U.S. Office of Special Counsel to share more information with Congress and the public about how it handles certain misconduct complaints, especially Hatch Act cases involving political (noncareer) appointees. It adds plain definitions, creates new semiannual and annual reporting to oversight committees, and requires public explanations when the agency declines to file a case against most noncareer employees. The agency must also publish 10 years of anonymized demographic statistics on complaints and outcomes for career and noncareer employees. Relevant federal offices must provide existing demographic data on request. A severability clause keeps the rest of the law in place if any part is struck down.
Adds a new definition for "career employee": an individual who (A) is an employee as defined in section 7322, and (B) is not a noncareer employee.
Adds a new definition for "covered allegation": an allegation concerning political activity prohibited under subchapter III of chapter 73.
Adds a new definition for "noncareer employee": an individual who (A) is an employee, as defined in section 2105, serving in a position in the executive branch; and (B) meets one or more of the following criteria: (i) serves in a position to which the President appointed the individual (whether or not Senate advice and consent was required), except that this does not include (I) a member of a uniformed service as defined in section 210(m) of the Social Security Act or (II) a member of the Foreign Service serving under a career appointment described in section 301 of the Foreign Service Act of 1980; (ii) is a noncareer appointee as defined in section 3132(a); (iii) serves in a position in a Federal executive system comparable to the Senior Executive Service where appointment is not made through merit-based procedures (example given: Transportation Security Executive Service); or (iv) serves in a position for which a determination has been made under section 7511(b)(2).
Makes a technical and conforming amendment by adding the new section to the table of sections for Subchapter II of title 5.
Amend Section 1217 of title 5, United States Code, by adding subsection (c) titled 'Notification of Congress in the event of certain declinations.'
Amends 5 U.S.C. 1218 by revising the section heading and lead-in paragraph and adding a new subsection (b) that requires the Special Counsel to submit annual reports to the Chair and Ranking Member of each committee of jurisdiction in Congress about covered allegations against noncareer employees and former noncareer employees, including specified counts and a confidential addendum with names, positions, descriptions, outcomes, and information about Merit Systems Protection Board complaints and collection of civil penalties.
Technical and conforming amendment: the table of sections for subchapter II of title 5 is amended by striking the item relating to section 1218 and inserting a revised item relating to section 1218.
Adds a new paragraph (5) to subsection (a) requiring a detailed written explanation of the complete basis for each decision of the Special Counsel not to present a complaint under section 1215(a) to the Merit Systems Protection Board against any noncareer employee determined to have violated subchapter III of chapter 73, with an exception for noncareer employees serving in Senate-confirmed positions (unless serving in a Foreign Service position).
Adds a new subsection (c) requiring the Special Counsel to submit periodic written reports to specified House and Senate committee leaders about complaints referred for disciplinary action, including specified report contents.
Adds a new section 1219a to subchapter II of title 5 creating definitions for 'career employee', 'covered allegation', and 'noncareer employee', and cross-referencing sections 7322, 2105, 3132(a), 7511(b)(2), 42 U.S.C. 410(m), and 22 U.S.C. 3941.
Amends the table of sections for subchapter II of title 5 by adding an entry at the end for the newly added section 1219a (Definitions).
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Referred to the House Committee on Oversight and Government Reform.
Introduced February 27, 2025 by Robert Garcia · Last progress February 27, 2025
Referred to the House Committee on Oversight and Government Reform.
Introduced in House