Congressman Robert Garcia Leads House Introduction Of The Hatch Act Enforcement Transparency And Accountability Act
Washington, D.C. – Congressman Robert Garcia (CA-42) introduced the Hatch Act Enforcement Transparency and Accountability Act. This legislation will strengthen the safeguards that are intended to ensure that federal government employees behave in a fair, competent, and nonpartisan manner by requiring that the executive branch report to Congress when it declines to investigate potential violations of the Hatch Act. This bill accompanies an existing bill in the Senate introduced by Senator Ben Ray Luján (D-N.M).
The Hatch Act was enacted in 1939 to prohibit federal employees from participating in specific political activities. This rule aims to maintain nonpartisanship in the federal government's operations, shield federal employees from political influence, and uphold merit-based promotions over political affiliations. However, the U.S Office of Special Counsel, which investigates and prosecutes violations of the Hatch Act, has at times failed to properly enforce this critical statue.
“Political influence in our official government operations can lead to a real threat to our democracy. As civil servants, we are bound to the needs of our constituents, not political interests,” said Congressman Robert Garcia (CA-42). “We must make sure that the rules we have in place are followed and that oversight is carried out efficiently and effectively. That is why I am proud to lead this bill in the House, it will empower Congress to strengthen enforcement of the Hatch Act to prevent political influence on our federal government operations.”
“The Hatch Act was signed into law to prevent public officials from using their position for political gain while protecting federal employees from political influence. However, when potential violations do occur, the Office of Special Counsel has failed to investigate and prosecute some of the most serious claims, undermining the American people and the rule of law,” said Senator Ben Ray Luján (D-N.M.). “I was proud to introduce legislation that increases enforcement of the Hatch Act by providing clarity and Congressional oversight for any potential abuses. It’s unacceptable when the line between politics and government is ignored. That’s why my legislation increases accountability to ensure Americans can have confidence in the public servants who work for them.”
This legislation is endorsed by Citizens for Responsibility and Ethics in Washington (CREW), The Project On Government Oversight (POGO), and End Citizens United.
“The Office of Special Counsel is authorized to investigate and prosecute alleged violations of the Hatch Act and yet they very rarely do so, even when there is conclusive evidence, raising serious questions about their ability to enforce this crucial law often in the face of significant outside political pressure. Their failure to enforce emboldens officials to violate the Hatch Act without consequence," said Debra Perlin, Policy Director of Citizens for Responsibility and Ethics in Washington (CREW). "The Hatch Act Enforcement Transparency and Accountability Act would bring much-needed transparency to OSC's deliberations by requiring them to explain to Congress when they do not initiate investigations against political appointees. CREW applauds Rep. Garcia for introducing this legislation and urges Congress to pass it.”
“The Office of Special Counsel is in desperate need of greater transparency, and this bill would provide that. This legislation will make sure OGE is truly holding both career officials and political appointees accountable when they violate the law and ensure our elections are protected from interference,” said Dylan Hedtler-Gaudette, Senior Government Affairs Manager, Project On Government Oversight (POGO).
“While the Hatch Act is a crucial piece of legislation that sets important standards for federal employees’ political activities, its impact is diminished without meaningful enforcement,” said End Citizens United // Let America Vote Action Fund President Tiffany Muller. “By strengthening oversight and increasing transparency from the Office of Special Counsel, the Hatch Act Enforcement Transparency and Accountability Act will ensure violations are met with appropriate consequences while promoting greater accountability. This is a much-needed step to continue to uphold the integrity of our democratic institutions. We thank Congressman Garcia for his continued leadership and commitment to protecting our democracy—and we urge Congress to swiftly pass it.”
Full text of the bill is available here.
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