‘‘(I) a member of a uniformed service, 
as that term is defined in section 210(m) 
of the Social Security Act (42 U.S.C. 
410(m)); or 
‘‘(II) a member of the Foreign Service 
serving under a career appointment, as de-
scribed in section 301 of the Foreign Serv-
ice Act of 1980 (22 U.S.C. 3941); 
‘‘(ii) a noncareer appointee, as that term is 
defined in section 3132(a); 
‘‘(iii) serving in a position in a Federal ex-
ecutive system that is comparable to the Senior 
Executive Service, the appointment to which is 
not made through merit-based procedures, such 
as a position in the Transportation Security 
Executive Service; or 
‘‘(iv) serving in a position with respect to 
which a determination has been made under 
section 7511(b)(2).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for subchapter II of chapter 12 of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘1219a. Definitions.’’. 
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SEC. 3. NOTIFYING CONGRESS IN THE EVENT OF A DECI-
SION NOT TO INVESTIGATE A NONCAREER 
EMPLOYEE. 
Section 1217 of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(c) NOTIFICATION OF CONGRESS IN THE EVENT OF 
CERTAIN DECLINATIONS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this subsection, and 
once every 180 days thereafter, 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 Com-
mittee on Oversight and Government Reform of the 
House of Representatives a written report that con-
tains, for the period covered by the report, the num-
ber of complaints received by the Special Counsel 
that the Special Counsel referred for disciplinary ac-
tion. 
‘‘(2) CONTENTS.—Each report required under 
paragraph (1) shall— 
‘‘(A) include— 
‘‘(i) a copy of the applicable com-
plaint; 
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‘‘(ii) the name and position of the em-
ployee who is the subject of the applicable 
complaint; and 
‘‘(B) 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 employee.’’. 
SEC. 4. REPORTING TO CONGRESS. 
(a) IN GENERAL.—Section 1218 of title 5, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘re-
port’’ and inserting ‘‘reports’’; 
(2) in the matter preceding paragraph (1), by 
striking ‘‘The Special’’ and inserting the following: 
‘‘(a) IN GENERAL.—The Special’’; and 
(3) by adding at the end the following: 
‘‘(b) REPORT REGARDING ALLEGATIONS AGAINST 
NONCAREER EMPLOYEES.—In addition to each report re-
quired under subsection (a), the Special Counsel shall sub-
mit to the Chair and Ranking Member of each committee 
of jurisdiction in Congress, on an annual basis, a report 
regarding the activities of the Special Counsel with respect 
to covered allegations against noncareer employees and 
former noncareer employees, which shall include— 
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‘‘(1) for the year preceding the submission of 
the report, the number of such covered allegations 
received by the Special Counsel; 
‘‘(2) the number of such covered allegations 
that have resulted in an investigation conducted by 
the Special Counsel, whether the investigation was 
initiated during the year covered by the report or 
thereafter; and 
‘‘(3) in a confidential addendum submitted to 
the Chair and Ranking Member of each of the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate and the Committee on Oversight 
and Government Reform of the House of Represent-
atives— 
‘‘(A) with respect to each such covered al-
legation not investigated, the name and position 
of the noncareer employee (or former noncareer 
employee) who was the subject of the covered 
allegation; and 
‘‘(B) a description of each such covered al-
legation for which processing of the covered al-
legation ceased during the year covered by the 
report, without regard to whether the covered 
allegation was received during the year covered 
by the report or earlier, which shall include— 
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‘‘(i) a description of the outcome of 
the covered allegation; and 
‘‘(ii) in the case of a covered allega-
tion against a noncareer employee who is 
not serving in a position with respect to 
which appointment by the President, by 
and with the advice and consent of the 
Senate, is required (or against a former 
noncareer employee who was not serving in 
such a position, as of the date on which 
the actions that are the subject of the cov-
ered allegation occurred), a statement as 
to whether— 
‘‘(I) the Special Counsel, under 
section 1215(a), presented a com-
plaint to the Merit Systems Protection 
Board against the noncareer employee 
(or former noncareer employee) con-
cerning the actions that are the sub-
ject of the covered allegation; and 
‘‘(II) any civil penalty assessed 
by the Merit Systems Protection 
Board under section 7326 with re-
spect to the covered allegation has 
been collected in full.’’. 
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(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for subchapter II of chapter 12 of 
title 5, United States Code, is amended by striking the 
item relating to section 1218 and inserting the following: 
‘‘1218. Annual reports.’’. 
SEC. 5. PUBLIC TRANSPARENCY IN HATCH ACT ENFORCE-
MENT. 
Section 1219 of title 5, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) a detailed written explanation of the com-
plete 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 Coun-
sel to have violated subchapter III of chapter 73, ex-
cept 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 
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(unless such a noncareer employee is serving in a 
position in the Foreign Service).’’; 
(2) by redesignating subsection (b) as sub-
section (c); and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) PUBLICATION
OF DEMOGRAPHIC STATISTICS 
REGARDING CERTAIN ENFORCEMENT.— 
‘‘(1) IN GENERAL.—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 per-
tains: 
‘‘(A) On an ongoing basis, the following 
anonymized information pertaining to covered 
allegations against career employees, which 
shall be organized by fiscal year: 
‘‘(i) The number of career employees 
who were the subject of covered allegations 
received by the Special Counsel during the 
applicable fiscal year. 
‘‘(ii) With respect to the career em-
ployees identified under clause (i)— 
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‘‘(I) the number of those career 
employees who the Special Counsel in-
vestigated, without regard to whether 
the investigation occurred during the 
fiscal year in which the Special Coun-
sel received the initial covered allega-
tion with respect to such a career em-
ployee or during a subsequent fiscal 
year; and 
‘‘(II) the number of those career 
employees who were the subject of a 
complaint presented by the Special 
Counsel to the Merit Systems Protec-
tion Board with respect to the appli-
cable covered allegation, without re-
gard to whether the Special Counsel 
presented such a complaint during the 
fiscal year in which the Special Coun-
sel received the initial covered allega-
tion with respect to such a career em-
ployee or during a subsequent fiscal 
year. 
‘‘(iii) For clauses (i) and (ii), demo-
graphic information pertaining to the race, 
sex, ethnicity, national origin, and dis-
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ability status of the applicable career em-
ployees. 
‘‘(B) On an ongoing basis, the following 
anonymized information pertaining to covered 
allegations against noncareer employees, which 
shall be organized by fiscal year: 
‘‘(i) The number of noncareer employ-
ees who were the subject of covered allega-
tions received by the Special Counsel dur-
ing the applicable fiscal year. 
‘‘(ii) With respect to the noncareer 
employees identified under clause (i)— 
‘‘(I) the number of those non-
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 noncareer employee or during a sub-
sequent fiscal year; and 
‘‘(II) the number of those non-
career employees who were the subject 
of a complaint presented by the Spe-
cial Counsel to the Merit Systems 
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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 Coun-
sel received the initial covered allega-
tion with respect to such a noncareer 
employee or during a subsequent fis-
cal year. 
‘‘(iii) For clauses (i) and (ii), demo-
graphic information pertaining to the race, 
sex, ethnicity, national origin, and dis-
ability status of the applicable noncareer 
employees. 
‘‘(2) DEMOGRAPHIC
INFORMATION.—The Di-
rector 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 Presi-
dential 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 
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employment or former Federal employment of that 
individual.’’. 
SEC. 6. SEVERABILITY. 
If any provision of this Act, or of any amendment 
made by this Act, or the application of any provision of 
this Act, or of any amendment made by this Act, to any 
person or circumstance is held to be unconstitutional, the 
remainder of this Act, and the amendments made by this 
Act, and the application of the provision this Act, or of 
the amendment made by this Act, to any other person or 
circumstance shall not be affected by the holding. 
Æ 
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