,,ii  #aaith ,,congress  #ast ,session  
,s4 #hjf  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #bg1      
#bjbe,mr4 ,lujn 7for himself and ,mr4   
,heinrich7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,homeland ,security
 and ,governmental ,affairs  ,a ,,bill  
,to amend title #e1 ,united ,states     
,code1 to increase the accountability of
 the ,office of ,special ,counsel in    
enforcing certain provisions of that    
title vigorously1 consistently1 and     
without regard to the political         
affiliation1 career status1 or personal 
characteristics of individuals subject  
to those provisions1 and for other      
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,hatch ,act         
,enforcement ,transparency and          
,accountability ,act4  #b4 ,addition of 
definitions  7a7 ,in general ,subchapter
 ,,ii of chapter #ab of title #e1       
,united ,states ,code1 is amended by    
adding at the end the following3        

#abai;a4 ,definitions ,in this          
subchapter3 7#a7 ,career employee ,the  
term career employee means an individual
 who is-- 7,a7 an employee1 as that term
 is defined in section #gcbb2 and  7,b7 
not a noncareer employee4  7#b7 ,covered
 allegation ,the term covered allegation
 means an allegation concerning         
political activity prohibited under     
subchapter ,,iii of chapter #gc4  7#c7  
,noncareer employee ,the term noncareer 
employee means an individual who is--   
7,a7 an employee1 as defined in section 
#baje1 serving in a position in the     
executive branch2 and  7,b7 7i7 serving 
in a position to which the ,president   
appointed the individual 7without regard
 to whether the advice and consent of   
the ,senate was required with respect to
 that appointment71 other than an       
individual who is-- 7,i7 a member of a  
uniformed service1 as that term is      
defined in section #baj7m7 of the       
,social ,security ,act 7#db ,u4,s4,c4   
#daj7m772 or  7,,ii7 a member of the    

,foreign ,service serving under a career
 appointment1 as described in section   
#cja of the ,foreign ,service ,act of   
#aihj 7#bb ,u4,s4,c4 #cida72  7ii7 a    
noncareer appointee1 as that term is    
defined in section #cacb7;a72  7iii7    
serving in a position in a ,federal     
executive system that is comparable to  
the ,senior ,executive ,service1 the    
appointment to which is not made through
 merit-based procedures1 such as a      
position in the ,transportation         
,security ,executive ,service2 or  7iv7 
serving in a position with respect to   
which a determination has been made     
under section #geaa7;b77#b74  4  7b7    
,technical and conforming amendment ,the
 table of sections for subchapter ,,ii  
of chapter #ab of title #e1 ,united     
,states ,code1 is amended by adding at  
the end the following3  #abai;a4        
,definitions4  4  #c4 ,notifying        
,congress in the event of a decision not
 to investigate a noncareer employee    
,section #abag of title #e1 ,united     

,states ,code1 is amended by adding at  
the end the following3  7c7             
,notification of ,congress in the event 
of certain declinations  7#a7 ,in       
general ,not later than #ahj days after 
the date of enactment of this           
subsection1 and once every #ahj days    
thereafter1 the ,special ,counsel shall 
submit to the ,chair and ,ranking       
,member of each of the ,committee on    
,homeland ,security and ,governmental   
,affairs of the ,senate and the         
,committee on ,oversight and ,government
 ,reform of the ,house of               
,representatives a written report that  
contains1 for the period covered by the 
report1 the number of complaints        
received by the ,special ,counsel that  
the ,special ,counsel referred for      
disciplinary action4  7#b7 ,contents    
,each report required under paragraph   
7#a7 shall-- 7,a7 include-- 7i7 a copy  
of the applicable complaint2  7ii7 the  
name and position of the employee who is
 the subject of the applicable          

complaint2 and  7,b7 be organized to    
indicate whether the employee who is the
 subject of each complaint contained in 
the report is a career employee or a    
noncareer employee4  4  #d4 ,reporting  
to ,congress  7a7 ,in general ,section  
#abah of title #e1 ,united ,states      
,code1 is amended-- 7#a7 in the section 
heading1 by striking report and         
inserting reports2  7#b7 in the matter  
preceding paragraph 7#a71 by striking   
,the ,special and inserting the         
following3  7a7 ,in general ,the        
,special  2 and  7#c7 by adding at the  
end the following3  7b7 ,report         
regarding allegations against noncareer 
employees ,in addition to each report   
required under subsection 7a71 the      
,special ,counsel shall submit to the   
,chair and ,ranking ,member of each     
committee of jurisdiction in ,congress1 
on an annual basis1 a report regarding  
the activities of the ,special ,counsel 
with respect to covered allegations     
against noncareer employees and former  

noncareer employees1 which shall        
include-- 7#a7 for the year preceding   
the submission of the report1 the number
 of such covered allegations received by
 the ,special ,counsel2  7#b7 the number
 of such covered allegations that have  
resulted in an investigation conducted  
by the ,special ,counsel1 whether the   
investigation was initiated during the  
year covered by the report or           
thereafter2 and  7#c7 in a confidential 
addendum submitted to the ,chair and    
,ranking ,member of each of the         
,committee on ,homeland ,security and   
,governmental ,affairs of the ,senate   
and the ,committee on ,oversight and    
,government ,reform of the ,house of    
,representatives-- 7,a7 with respect to 
each such covered allegation not        
investigated1 the name and position of  
the noncareer employee 7or former       
noncareer employee7 who was the subject 
of the covered allegation2 and  7,b7 a  
description of each such covered        
allegation for which processing of the  

covered allegation ceased during the    
year covered by the report1 without     
regard to whether the covered allegation
 was received during the year covered by
 the report or earlier1 which shall     
include-- 7i7 a description of the      
outcome of the covered allegation2 and  
7ii7 in the case of a covered allegation
 against a noncareer employee who is not
 serving in a position with respect to  
which appointment by the ,president1 by 
and with the advice and consent of the  
,senate1 is required 7or against a      
former noncareer employee who was not   
serving in such a position1 as of the   
date on which the actions that are the  
subject of the covered allegation       
occurred71 a statement as to whether--  
7,i7 the ,special ,counsel1 under       
section #abae7;a71 presented a complaint
 to the ,merit ,systems ,protection     
,board against the noncareer employee   
7or former noncareer employee7          
concerning the actions that are the     
subject of the covered allegation2 and  

7,,ii7 any civil penalty assessed by the
 ,merit ,systems ,protection ,board     
under section #gcbf with respect to the 
covered allegation has been collected in
 full4  4  7b7 ,technical and conforming
 amendment ,the table of sections for   
subchapter ,,ii of chapter #ab of title 
#e1 ,united ,states ,code1 is amended by
 striking the item relating to section  
#abah and inserting the following3      
#abah4 ,annual reports4  4  #e4 ,public 
transparency in ,hatch ,act enforcement 
,section #abai of title #e1 ,united     
,states ,code1 is amended-- 7#a7 in     
subsection 7a7-- 7,a7 in paragraph 7#c71
 by striking and at the end2  7,b7 in   
paragraph 7#d71 by striking the period  
at the end and inserting 2 and2 and     
7,c7 by adding at the end the following3
  7#e7 a detailed written explanation of
 the complete basis for each decision of
 the ,special ,counsel not to present1  
under section #abae7;a71 a complaint to 
the ,merit ,systems ,protection ,board  
against any noncareer employee          

determined by the ,special ,counsel to  
have violated subchapter ,,iii of       
chapter #gc1 except that this paragraph 
shall not apply with respect to a       
noncareer employee who is serving in a  
position for which nomination by the    
,president1 by and with the advice and  
consent of the ,senate1 is required     
7unless such a noncareer employee is    
serving in a position in the ,foreign   
,service74  2  7#b7 by redesignating    
subsection 7b7 as subsection 7c72 and   
7#c7 by inserting after subsection 7a7  
the following3  7b7 ,publication of     
demographic statistics regarding certain
 enforcement  7#a7 ,in general ,the     
,special ,counsel shall track1 publish1 
and keep current on the official website
 of the ,office of ,special ,counsel the
 following information1 which shall     
remain on that website for a period of  
not less than #aj fiscal years1         
beginning with the fiscal year to which 
the information pertains3 7,a7 ,on an   
ongoing basis1 the following anonymized 

information pertaining to covered       
allegations against career employees1   
which shall be organized by fiscal year3
 7i7 ,the number of career employees who
 were the subject of covered allegations
 received by the ,special ,counsel      
during the applicable fiscal year4  7ii7
 ,with respect to the career employees  
identified under clause 7i7-- 7,i7 the  
number of those career employees who the
 ,special ,counsel investigated1 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 year2 and  7,,ii7 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  
allegation1 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 year4  7iii7 ,for     
clauses 7i7 and 7ii71 demographic       
information pertaining to the race1 sex1
 ethnicity1 national origin1 and        
disability status of the applicable     
career employees4  7,b7 ,on an ongoing  
basis1 the following anonymized         
information pertaining to covered       
allegations against noncareer employees1
 which shall be organized by fiscal     
year3 7i7 ,the number of noncareer      
employees who were the subject of       
covered allegations received by the     
,special ,counsel during the applicable 
fiscal year4  7ii7 ,with respect to the 
noncareer employees identified under    
clause 7i7-- 7,i7 the number of those   
noncareer employees who the ,special    
,counsel investigated1 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 year2 and  7,,ii7 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  
allegation1 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 year4  7iii7 ,for   
clauses 7i7 and 7ii71 demographic       
information pertaining to the race1 sex1
 ethnicity1 national origin1 and        
disability status of the applicable     
noncareer employees4  7#b7 ,demographic 
information ,the ,director of the       
,office of ,personnel ,management1 the  
head of the agency employing an         
individual who is the subject of a      
complaint filed with the ,special       

,counsel1 and1 as applicable1 the ,white
 ,house ,presidential ,personnel ,office
 shall1 upon request1 provide the       
,special ,counsel with information      
pertaining to the race1 sex1 ethnicity1 
national origin1 disability status1 and 
status as a career employee or noncareer
 employee of that individual1 if that   
information has already been collected  
in connection with the ,federal         
employment or former ,federal employment
 of that individual4  4  #f4            
,severability ,if any provision of this 
,act1 or of any amendment made by this  
,act1 or the application of any         
provision of this ,act1 or of any       
amendment made by this ,act1 to any     
person or circumstance is held to be    
unconstitutional1 the remainder of this 
,act1 and the amendments made by this   
,act1 and the application of the        
provision this ,act1 or of the amendment
 made by this ,act1 to any other person 
or circumstance shall not be affected by
 the holding4