II 

Calendar No. 508 

112TH CONGRESS 

2D SESSION S. 2170 

[Report No. 112–211] 

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 

SEPTEMBER 13, 2012 

Reported by Mr. LIEBERMAN, with an amendment and an amendment to the 

title 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 


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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, 

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

9 States Code, is amended— 

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

11 semicolon; 

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

13 and inserting ‘‘purposes.’’; and 

14 (3) by striking paragraph (3). 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) REFERENCE TO STATE AND LOCAL OFFI17 CIALS.—Section 1502 of title 5, United States Code, 

18 is amended by striking subsection (c). 

19 (2) NONPARTISAN CANDIDACIES.— 

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

21 United States Code, is repealed. 

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

23 sections for chapter 15 of title 5, United States 


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1 Code, is amended by striking the item relating 

2 to section 1503. 

3 SEC. 3. APPLICABILITY OF PROVISIONS RELATING TO 

4 STATE AND LOCAL EMPLOYEES. 

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

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

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

8 thereof’’ before the semicolon. 

9 (b) STATE OR LOCAL OFFICER OR EMPLOYEE.—Sec10 tion 1501(4) of title 5, United States Code, is amended 

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

12 ‘‘(B) an individual employed by an edu13 cational or research institution, establishment, 

14 agency, or system which is supported in whole 

15 or in part by— 

16 ‘‘(i) a State or political subdivision 

17 thereof; 

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

19 ‘‘(iii) a recognized religious, philan20 thropic, or cultural organization.’’. 

21 (c) MERIT SYSTEMS PROTECTION BOARD ORDERS.— 

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

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

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

25 State’’. 


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1 (d) PROVISIONS RELATING TO FEDERAL EMPLOYEES

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

3 States Code, is amended— 

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

5 end; 

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

7 the end; 

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

9 (4) by striking ‘‘services;’’ and inserting ‘‘serv10 ices or an individual employed or holding office in 

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

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

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

14 by striking section 7326 and inserting the following: 

15 ‘‘§ 7326. Penalties 

16 ‘‘An employee or individual who violates section 7323 

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

18 debarment from Federal employment for a period not to 

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

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

21 SEC. 5. EFFECTIVE DATE. 

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

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

24 of enactment of this Act. 

25 (b) APPLICABILITY RULE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendment made by section 4 shall 

3 apply with respect to any violation occurring before, 

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

5 (2) EXCEPTION.—The amendment made by 

6 section 4 shall not apply with respect to an alleged 

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

8 (A) the Special Counsel has presented a 

9 complaint for disciplinary action, under section 

10 1215 of title 5, United States Code, with re11 spect to the alleged violation; or 

12 (B) the employee alleged to have com13 mitted the violation has entered into a signed 

14 settlement agreement with the Special Counsel 

15 with respect to the alleged violation. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Hatch Act Moderniza18 tion Act of 2012’’. 

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

20 CANDIDATES FOR ELECTIVE OFFICE. 

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

22 amended to read as follows: 

23 ‘‘(3) if the salary of the employee is paid com24 pletely, directly or indirectly, by loans or grants 


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

2 candidate for elective office.’’. 

3 SEC. 3. APPLICABILITY OF PROVISIONS RELATING TO 

4 STATE AND LOCAL EMPLOYEES. 

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

6 title 5, United States Code, is amended by inserting ‘‘, or 

7 the executive branch of the District of Columbia, or an agen8 cy or department thereof’’ before the semicolon. 

9 (b) STATE OR LOCAL OFFICER OR EMPLOYEE.—Sec10 tion 1501(4) of title 5, United States Code, is amended by 

11 striking subparagraph (B) and inserting the following: 

12 ‘‘(B) an individual employed by an edu13 cational or research institution, establishment, 

14 agency, or system which is supported in whole or 

15 in part by— 

16 ‘‘(i) a State or political subdivision 

17 thereof; 

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

19 ‘‘(iii) a recognized religious, philan20 thropic, or cultural organization.’’. 

21 (c) EXCEPTION OF CERTAIN OFFICERS.—Section 

22 1502(c)(3) of title 5, United States Code, is amended— 

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

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


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

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

3 (d) MERIT SYSTEMS PROTECTION BOARD ORDERS.— 

4 Section 1506(a)(2) of title 5, United States Code, is amend5 ed by inserting ‘‘(or in the case of the District of Columbia, 

6 in the District of Columbia)’’ after ‘‘the same State’’. 

7 (e) PROVISIONS RELATING TO FEDERAL EMPLOYEES

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

9 States Code, is amended— 

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

11 end; 

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

13 end; 

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

15 (4) by striking ‘‘services;’’ and inserting ‘‘services 

16 or an individual employed or holding office in the 

17 government of the District of Columbia;’’. 

18 (f) EMPLOYEES RESIDING IN CERTAIN MUNICIPALI19 TIES.—Section 7325(1) of title 5, United States Code, is 

20 amended to read as follows: 

21 ‘‘(1) the municipality or political subdivision 

22 is— 

23 ‘‘(A) the District of Columbia; 


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

2 immediate vicinity of the District of Columbia; 

3 or 

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

5 of voters are employed by the Government of the 

6 United States; and’’. 

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

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

9 by striking section 7326 and inserting the following: 

10 ‘‘§ 7326. Penalties 

11 ‘‘An employee or individual who violates section 7323 

12 or 7324 shall be subject to removal, reduction in grade, de13 barment from Federal employment for a period not to ex14 ceed 5 years, suspension, reprimand, or an assessment of 

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

16 SEC. 5. EFFECTIVE DATE. 

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

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

19 of enactment of this Act. 

20 (b) APPLICABILITY RULE.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the amendment made by section 4 shall 

23 apply with respect to any violation occurring before, 

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


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1 (2) EXCEPTION.—The amendment made by sec2 tion 4 shall not apply with respect to an alleged vio3 lation if, before the effective date of this Act— 

4 (A) the Special Counsel has presented a 

5 complaint for disciplinary action, under section 

6 1215 of title 5, United States Code, with respect 

7 to the alleged violation; or 

8 (B) the employee alleged to have committed 

9 the violation has entered into a signed settlement 

10 agreement with the Special Counsel with respect 

11 to the alleged violation. 

Amend the title so as to read: ‘‘A bill 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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Calendar No. 508 

112TH CONGRESS 

2D SESSION S. 2170 

[Report No. 112–211] 

A BILL 

To amend the provisions of title 5, United States 

chapter 73 of that title. for certain violations under subchapter III of and modify the penalties which may be imposed certain provisions to the District of Columbia, seeking elective office, clarify the application of venting certain State and local employees from ‘‘Hatch Act’’ to eliminate the provision preCode, which are commonly referred to as the 

SEPTEMBER 13, 2012 

Reported with an amendment and an amendment to the 

title 


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