Sec. 5. Public transparency in Hatch Act enforcement
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/bill/119/s/806/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1219 of title 5, United States Code, is amended— in subsection (a)— in paragraph (3), by striking and at the end; in paragraph (4), by striking the period at the end and inserting ; and ; and by adding at the end the following: 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). ; by redesignating subsection
(b)as subsection (c); and by inserting after subsection
(a)the following: 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: On an ongoing basis, the following anonymized information pertaining to covered allegations against career employees, which shall be organized by fiscal year: The number of career employees who were the subject of covered allegations received by the Special Counsel during the applicable fiscal year. With respect to the career employees identified under clause (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 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. For clauses
(i)and (ii), demographic information pertaining to the race, sex, ethnicity, national origin, and disability status of the applicable career employees. On an ongoing basis, the following anonymized information pertaining to covered allegations against noncareer employees, which shall be organized by fiscal year: The number of noncareer employees who were the subject of covered allegations received by the Special Counsel during the applicable fiscal year. With respect to the noncareer employees identified under clause (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 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. For clauses
(i)and (ii), demographic information pertaining to the race, sex, ethnicity, national origin, and disability status of the applicable noncareer employees. 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. .