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HR1688119th Congress

Hatch Act Enforcement Transparency and Accountability Act

Sponsored By: Representative Garcia, Robert [D-CA-42]

Introduced

Summary

This bill would boost _transparency and accountability in Hatch Act enforcement_ by redefining who counts as a noncareer employee, forcing regular congressional notices when investigations are declined, and requiring long-term public data on enforcement activity.

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  • Congress and oversight would get routine notice when the Office of Special Counsel declines to investigate a noncareer employee. Reports must be submitted every 180 days and include the complaint and the name and position of the employee involved.
  • Noncareer employees would be more clearly defined for enforcement purposes. The bill would require detailed written explanations when OSC chooses not to present a complaint to the Merit Systems Protection Board and would include names and positions for not-investigated allegations in a confidential annual addendum.
  • The public and researchers would gain access to anonymized enforcement data. OSC must publish and keep at least 10 fiscal years of demographic and outcome statistics including race, sex, ethnicity, national origin, and disability. The Office of Personnel Management, agencies, and the Presidential Personnel Office must supply existing demographic information on request.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

More transparency in Hatch Act enforcement

This bill would require the Office of Special Counsel (OSC) to share more data on Hatch Act cases. OSC would publish yearly, anonymized stats for career and noncareer staff, including counts of allegations, investigations, and cases sent to the Merit Systems Protection Board, and demographics (race, sex, ethnicity, national origin, disability). The data would stay on OSC’s website for at least 10 fiscal years. OSC would send annual reports to the chairs and ranking members of the Senate Homeland Security and Governmental Affairs Committee and the House Oversight Committee, with counts for the prior year and a confidential addendum naming noncareer and former noncareer staff not investigated, describing the allegations, whether OSC filed a case, and whether any civil penalty was collected. Starting no later than 180 days after enactment, and then every 180 days, OSC would send reports listing each complaint it referred for discipline, include a copy, and name the employee and position, grouped by career vs. noncareer. Agencies, OPM, and the White House personnel office would give OSC demographic data on request if they already collected it. If OSC decides not to bring a case to the MSPB against a noncareer employee it found violated the Hatch Act, it would have to give a written explanation. This written-explanation rule would not apply to Senate-confirmed appointees, unless they are serving in the Foreign Service.

Clarifies career and noncareer employee rules

This bill would add clear definitions for Hatch Act enforcement. It would define a “career” employee and a “noncareer” employee, including categories such as certain Presidential appointees, noncareer Senior Executive Service, comparable executive systems without merit-based appointment, and other positions excluded from standard civil service procedures. It would also define a “covered allegation” as a claim about prohibited political activity. These definitions would guide who is counted in enforcement and reporting if enacted.

Sponsors & CoSponsors

Sponsor

Garcia, Robert [D-CA-42]

CA • D

Cosponsors

  • Rep. Quigley, Mike [D-IL-5]

    IL • D

    Sponsored 3/25/2025

  • Rep. Landsman, Greg [D-OH-1]

    OH • D

    Sponsored 3/25/2025

  • Rep. Ross, Deborah K. [D-NC-2]

    NC • D

    Sponsored 4/1/2025

  • Rep. Min, Dave [D-CA-47]

    CA • D

    Sponsored 5/1/2025

  • Rep. Fletcher, Lizzie [D-TX-7]

    TX • D

    Sponsored 10/17/2025

Roll Call Votes

No roll call votes available for this bill.

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