IC 

112TH CONGRESS 

2D SESSION S. 2170 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2012 

Referred to the Committee on Oversight and Government Reform 

AN ACT 

To amend the provisions of title 5, United States Code, 

which are commonly referred to as the ‘‘Hatch Act’’, 

to scale back the provision forbidding certain State and 

local employees from seeking elective office, clarify the 

application of certain provisions to the District of Columbia, and modify the penalties which may be imposed 

for certain violations under subchapter III of chapter 

73 of that title. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hatch Act Moderniza5 tion Act of 2012’’. 

6 SEC. 2. PERMITTING STATE AND LOCAL EMPLOYEES TO BE 

7 CANDIDATES FOR ELECTIVE OFFICE. 

8 Section 1502(a)(3) of title 5, United States Code, is 

9 amended to read as follows: 

10 ‘‘(3) if the salary of the employee is paid com11 pletely, directly or indirectly, by loans or grants 

12 made by the United States or a Federal agency, be 

13 a candidate for elective office.’’. 

14 SEC. 3. APPLICABILITY OF PROVISIONS RELATING TO 

15 STATE AND LOCAL EMPLOYEES. 

16 (a) STATE OR LOCAL AGENCY.—Section 1501(2) of 

17 title 5, United States Code, is amended by inserting ‘‘, 

18 or the executive branch of the District of Columbia, or 

19 an agency or department thereof’’ before the semicolon. 

20 (b) STATE OR LOCAL OFFICER OR EMPLOYEE.—Sec21 tion 1501(4) of title 5, United States Code, is amended 

22 by striking subparagraph (B) and inserting the following: 

23 ‘‘(B) an individual employed by an edu24 cational or research institution, establishment, 


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1 agency, or system which is supported in whole 

2 or in part by— 

3 ‘‘(i) a State or political subdivision 

4 thereof; 

5 ‘‘(ii) the District of Columbia; or 

6 ‘‘(iii) a recognized religious, philan7 thropic, or cultural organization.’’. 

8 (c) EXCEPTION OF CERTAIN OFFICERS.—Section 

9 1502(c)(3) of title 5, United States Code, is amended— 

10 (1) by striking ‘‘ ‘or municipality’’ and inserting 

11 ‘‘, municipality, or the District of Columbia’ ’’; and 

12 (2) by striking ‘‘ ‘or municipal’’ and inserting ‘‘, 

13 municipal, or the District of Columbia’ ’’. 

14 (d) MERIT SYSTEMS PROTECTION BOARD OR15 DERS.—Section 1506(a)(2) of title 5, United States Code, 

16 is amended by inserting ‘‘(or in the case of the District 

17 of Columbia, in the District of Columbia)’’ after ‘‘the same 

18 State’’. 

19 (e) PROVISIONS RELATING TO FEDERAL EMPLOYEES

20 MADE INAPPLICABLE.—Section 7322(1) of title 5, United 

21 States Code, is amended— 

22 (1) in subparagraph (A), by adding ‘‘or’’ at the 

23 end; 

24 (2) in subparagraph (B), by striking ‘‘or’’ at 

25 the end; 


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1 (3) by striking subparagraph (C); and 

2 (4) by striking ‘‘services;’’ and inserting ‘‘serv3 ices or an individual employed or holding office in 

4 the government of the District of Columbia;’’. 

5 (f) EMPLOYEES RESIDING IN CERTAIN MUNICIPALI6 TIES.—Section 7325(1) of title 5, United States Code, is 

7 amended to read as follows: 

8 ‘‘(1) the municipality or political subdivision 

9 is— 

10 ‘‘(A) the District of Columbia; 

11 ‘‘(B) in Maryland or Virginia and in the 

12 immediate vicinity of the District of Columbia; 

13 or 

14 ‘‘(C) a municipality in which the majority 

15 of voters are employed by the Government of 

16 the United States; and’’. 

17 SEC. 4. HATCH ACT PENALTIES FOR FEDERAL EMPLOYEES. 

18 Chapter 73 of title 5, United States Code, is amended 

19 by striking section 7326 and inserting the following: 

20 ‘‘§ 7326. Penalties 

21 ‘‘An employee or individual who violates section 7323 

22 or 7324 shall be subject to removal, reduction in grade, 

23 debarment from Federal employment for a period not to 

24 exceed 5 years, suspension, reprimand, or an assessment 

25 of a civil penalty not to exceed $1,000.’’. 


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1 SEC. 5. EFFECTIVE DATE. 

2 (a) IN GENERAL.—This Act and the amendments 

3 made by this Act shall take effect 30 days after the date 

4 of enactment of this Act. 

5 (b) APPLICABILITY RULE.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amendment made by section 4 shall 

8 apply with respect to any violation occurring before, 

9 on, or after the effective date of this Act. 

10 (2) EXCEPTION.—The amendment made by 

11 section 4 shall not apply with respect to an alleged 

12 violation if, before the effective date of this Act— 

13 (A) the Special Counsel has presented a 

14 complaint for disciplinary action, under section 

15 1215 of title 5, United States Code, with re16 spect to the alleged violation; or 

17 (B) the employee alleged to have com18 mitted the violation has entered into a signed 

19 settlement agreement with the Special Counsel 

20 with respect to the alleged violation. 

Passed the Senate November 30, 2012. 

Attest: NANCY ERICKSON, 

Secretary. 


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