H.R. 1688: Hatch Act Enforcement Transparency and Accountability Act

This bill, titled the Hatch Act Enforcement Transparency and Accountability Act, aims to enhance the enforcement of the Hatch Act, which restricts political activities of federal employees, particularly those in certain nonpartisan positions. It includes several key provisions:

1. Definitions

The bill introduces specific definitions to clarify terms related to the enforcement of the Hatch Act:

• Career employee: An employee who is not a noncareer employee and serves in established positions in federal agencies.
• Noncareer employee: An employee appointed to a position without the same merit-based procedures as career employees, often appointed by the President or in equivalent roles.
• Covered allegation: An allegation regarding political activities that are prohibited under the Hatch Act.

2. Notification Requirements

The bill mandates that if the Special Counsel decides not to investigate a complaint regarding a noncareer employee, they must inform Congress. This includes submitting a report every 180 days that details:

• The number of complaints received and referred for disciplinary action.
• Names and positions of the individuals involved.
• Whether they are classified as career or noncareer employees.

3. Annual Reporting

The Special Counsel will also be required to provide an annual report to Congress regarding allegations against noncareer employees, which must include:

• The number of complaints received and investigated.
• A confidential summary of any allegations not pursued.
• Details on the outcomes of these allegations.

4. Transparency Measures

The bill enhances transparency regarding Hatch Act enforcement by requiring the Special Counsel to regularly publish data regarding covered allegations, organized by fiscal year. This information must include:

• The number of career and noncareer employees facing allegations.
• The outcomes of investigations, including any disciplinary actions taken.
• Demographic information about the employees involved, such as race, sex, and disability status.

5. Compliance and Demographic Tracking

The legislation requires collaboration with various federal offices to collect and provide demographic data related to individuals who are subjects of complaints. This information will aid in analyzing the enforcement of the Hatch Act across different employee categories.

6. Severability Clause

The bill includes a severability clause, meaning that if any part of the legislation is found to be unconstitutional, the rest of the bill will remain in effect.

Relevant Companies

None found.