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Amends subsection (a) of 5 U.S.C. 1219 by adding a new paragraph (5) 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) against any noncareer employee determined to have violated subchapter III of chapter 73, with a specified exception for certain Presidential appointment positions.
Adds a new section 1219a to Subchapter II of Title 5 establishing definitions for 'career employee', 'covered allegation', and 'noncareer employee', and cross-referencing 5 U.S.C. 7322, 5 U.S.C. 2105, 5 U.S.C. 3132(a), 5 U.S.C. 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 for the new section 1219a (Definitions) at the end.
Amends 5 U.S.C. 1218 by modifying the section heading and the matter preceding paragraph (1), and by adding a new subsection (b) that requires the Special Counsel to submit an annual report to the Chair and Ranking Member of each committee of jurisdiction in Congress regarding covered allegations against noncareer employees and former noncareer employees, including specified counts and a confidential addendum with certain identifying information and outcomes.
Adds a new subsection (c) to 5 U.S.C. 1217 requiring the Special Counsel to submit periodic written reports to the Chair and Ranking Member of specified Senate and House committees detailing complaints referred for disciplinary action, including copies of complaints and identifying information and whether subjects are career or noncareer employees.
Requires the Office of Special Counsel (OSC) and agencies to increase reporting and transparency about Hatch Act complaints, especially those involving noncareer (political) employees. It adds new definitions, mandates regular and annual reports to congressional committees with specified details, requires OSC to publish explanations when it declines some noncareer-employee complaints, and requires anonymized demographic statistics to be posted online for at least 10 years.
Adds a new statutory provision, 1219a, titled “Definitions,” to Subchapter II of Title 5 that will contain the definitions listed below.
Defines “career employee” to mean an individual who (A) is an employee as defined in 5 U.S.C. 7322, and (B) is not a noncareer employee.
Defines “covered allegation” to mean an allegation concerning political activity that is prohibited under Subchapter III of chapter 73.
Defines “noncareer employee” as an individual who (A) is an employee, as defined in 5 U.S.C. 2105, serving in an executive-branch position; and (B) meets one or more of the listed conditions: (i) serves in a position to which the President appointed the individual (without regard to Senate advice and consent), except that this does not include (I) a member of a uniformed service as defined in section 210(m) of the Social Security Act (42 U.S.C. 410(m)), or (II) a Foreign Service member serving under a career appointment as described in section 301 of the Foreign Service Act of 1980 (22 U.S.C. 3941); (ii) is a “noncareer appointee” as defined in 5 U.S.C. 3132(a); (iii) serves in a position in a Federal executive system comparable to the Senior Executive Service whose appointment is not made through merit-based procedures (for example, a position in the Transportation Security Executive Service); or (iv) serves in a position for which a determination has been made under 5 U.S.C. 7511(b)(2).
Makes a technical and conforming amendment to the table of sections for Subchapter II of Title 5 by adding an entry at the end (reflecting the addition of section 1219a).
Who is affected and how:
Noncareer federal employees (political appointees, schedule-coded or other noncareer staff) — increased scrutiny and oversight because complaints involving them must be tracked and reported to congressional committees, and OSC must explain some declinations publicly. This may increase reputational risk for named individuals and political exposure for appointing offices.
Career federal employees — affected indirectly: the statute keeps separate reporting categories for career employees and requires OSC to publish anonymized demographic data for both career and noncareer groups, which could surface patterns of allegations across the civil service.
Office of Special Counsel — significant operational impact: OSC must collect more data, prepare semiannual and annual reports, produce confidential addenda for committees, publish explanations for declined cases involving noncareer employees, and maintain a public data archive for 10 years. That increases OSC workload and may require resources to redact sensitive information and maintain web records.
Federal agencies, Office of Personnel Management, and Presidential Personnel Office — must respond to OSC requests for existing demographic data and may need to improve recordkeeping or data-sharing processes to meet OSC timelines.
Congressional oversight committees — gain more, and more regular, information about Hatch Act complaints and their handling, including confidential case details for noncareer/former noncareer employees to support oversight and potential further action.
Practical effects and risks:
Transparency vs. privacy: anonymized public statistics increase public accountability but confidential addenda and required complaint copies create privacy and reputational risks for individuals named to congressional leaders.
Administrative cost: agencies and OSC face additional administrative burdens; absent explicit new funding, these are likely absorbed within existing budgets, potentially stretching staff.
Potential chilling or deterrent effects: noncareer employees may alter behavior knowing their cases will receive heightened reporting and public explanation; agencies might change complaint-handling practices to limit disclosure.
Oversight and politicization risk: clearer reporting to Congress improves oversight but could also permit greater political scrutiny or selective use of case information in oversight and public debates.
Expand sections to see detailed analysis
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced February 27, 2025 by Ben Ray Luján · Last progress February 27, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate