II 

112TH CONGRESS 

2D SESSION S. 2170 

To amend the provisions of title 5, United States Code, which are commonly 

referred to as the ‘‘Hatch Act’’ to eliminate the provision preventing 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2012 

Mr. AKAKA (for himself, Mr. LIEBERMAN, Mr. LEVIN, and Mr. LEE) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

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

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

to eliminate the provision preventing 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Hatch Act Moderniza3 tion Act of 2012’’. 

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

5 CANDIDATES FOR ELECTIVE OFFICE. 

6 (a) IN GENERAL.—Section 1502(a) of title 5, United 

7 States Code, is amended— 

8 (1) in paragraph (1), by adding ‘‘or’’ after the 

9 semicolon; 

10 (2) in paragraph (2), by striking ‘‘purposes; or’’ 

11 and inserting ‘‘purposes.’’; and 

12 (3) by striking paragraph (3). 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 (1) REFERENCE TO STATE AND LOCAL OFFI15 CIALS.—Section 1502 of title 5, United States Code, 

16 is amended by striking subsection (c). 

17 (2) NONPARTISAN CANDIDACIES.— 

18 (A) IN GENERAL.—Section 1503 of title 5, 

19 United States Code, is repealed. 

20 (B) TABLE OF SECTIONS.—The table of 

21 sections for chapter 15 of title 5, United States 

22 Code, is amended by striking the item relating 

23 to section 1503. 


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1 SEC. 3. APPLICABILITY OF PROVISIONS RELATING TO 

2 STATE AND LOCAL EMPLOYEES. 

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

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

5 or the District of Columbia, or an agency or department 

6 thereof’’ before the semicolon. 

7 (b) STATE OR LOCAL OFFICER OR EMPLOYEE.—Sec8 tion 1501(4) of title 5, United States Code, is amended 

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

10 ‘‘(B) an individual employed by an edu11 cational or research institution, establishment, 

12 agency, or system which is supported in whole 

13 or in part by— 

14 ‘‘(i) a State or political subdivision 

15 thereof; 

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

17 ‘‘(iii) a recognized religious, philan18 thropic, or cultural organization.’’. 

19 (c) MERIT SYSTEMS PROTECTION BOARD ORDERS.— 

20 Section 1506(a)(2) of title 5, United States Code, is 

21 amended by inserting ‘‘(or in the case of the District of 

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

23 State’’. 

24 (d) PROVISIONS RELATING TO FEDERAL EMPLOYEES

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

26 States Code, is amended— 


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

2 end; 

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

4 the end; 

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

6 (4) by striking ‘‘services;’’ and inserting ‘‘serv7 ices or an individual employed or holding office in 

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

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

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

11 by striking section 7326 and inserting the following: 

12 ‘‘§ 7326. Penalties 

13 ‘‘An employee or individual who violates section 7323 

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

15 debarment from Federal employment for a period not to 

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

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

18 SEC. 5. EFFECTIVE DATE. 

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

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

21 of enactment of this Act. 

22 (b) APPLICABILITY RULE.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the amendment made by section 4 shall 


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1 apply with respect to any violation occurring before, 

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

3 (2) EXCEPTION.—The amendment made by 

4 section 4 shall not apply with respect to an alleged 

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

6 (A) the Special Counsel has presented a 

7 complaint for disciplinary action, under section 

8 1215 of title 5, United States Code, with re9 spect to the alleged violation; or 

10 (B) the employee alleged to have com11 mitted the violation has entered into a signed 

12 settlement agreement with the Special Counsel 

13 with respect to the alleged violation. 

Æ 


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