I 
112TH CONGRESS 
2D SESSION 
H. R. 4152 
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 HOUSE OF REPRESENTATIVES 
MARCH 7, 2012 
Mr. CUMMINGS (for himself, Mr. MORAN, Ms. NORTON, Mr. LYNCH, and Mr. 
CONNOLLY of Virginia) introduced the following bill; which was referred 
to the Committee on Oversight and Government Reform 
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 Colum-
bia, and modify the penalties which may be imposed 
for certain violations under subchapter III of chapter 
73 of that title. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hatch Act Moderniza-
tion Act of 2012’’. 
SEC. 2. PERMITTING STATE AND LOCAL EMPLOYEES TO BE 
CANDIDATES FOR ELECTIVE OFFICE. 
(a) IN GENERAL.—Section 1502(a) of title 5, United 
States Code, is amended— 
(1) in paragraph (1), by adding ‘‘or’’ after the 
semicolon; 
(2) in paragraph (2), by striking ‘‘purposes; or’’ 
and inserting ‘‘purposes.’’; and 
(3) by striking paragraph (3). 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) REFERENCE TO STATE AND LOCAL OFFI-
CIALS.—Section 1502 of title 5, United States Code, 
is amended by striking subsection (c). 
(2) NONPARTISAN CANDIDACIES.— 
(A) IN GENERAL.—Section 1503 of title 5, 
United States Code, is repealed. 
(B) TABLE OF SECTIONS.—The item relat-
ing to section 1503 in the table of sections for 
chapter 15 of title 5, United States Code, is re-
pealed. 
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SEC. 3. APPLICABILITY OF PROVISIONS RELATING TO 
STATE AND LOCAL EMPLOYEES. 
(a) STATE OR LOCAL AGENCY.—Section 1501(2) of 
title 5, United States Code, is amended by inserting ‘‘, 
or the District of Columbia, or an agency or department 
thereof’’ before the semicolon. 
(b) STATE OR LOCAL OFFICER OR EMPLOYEE.—Sec-
tion 1501(4) of title 5, United States Code, is amended 
by striking subparagraph (B) and inserting the following: 
‘‘(B) an individual employed by an edu-
cational or research institution, establishment, 
agency, or system which is supported in whole 
or in part by— 
‘‘(i) a State or political subdivision 
thereof; 
‘‘(ii) the District of Columbia; or 
‘‘(iii) a recognized religious, philan-
thropic, or cultural organization.’’. 
(c) MERIT SYSTEMS PROTECTION BOARD ORDERS.— 
Section 1506(a)(2) of title 5, United States Code, is 
amended by inserting ‘‘(or in the case of the District of 
Columbia, in the District of Columbia)’’ after ‘‘the same 
State’’. 
(d) PROVISIONS RELATING TO FEDERAL EMPLOYEES 
MADE INAPPLICABLE.—Section 7322(1) of title 5, United 
States Code, is amended— 
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(1) in subparagraph (A), by adding ‘‘or’’ at the 
end; 
(2) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(3) by striking subparagraph (C); and 
(4) by striking ‘‘services;’’ and inserting ‘‘serv-
ices or an individual employed or holding office in 
the government of the District of Columbia;’’. 
SEC. 4. HATCH ACT PENALTIES FOR FEDERAL EMPLOYEES. 
Chapter 73 of title 5, United States Code, is amended 
by striking section 7326 and inserting the following: 
‘‘§ 7326. Penalties 
‘‘An employee or individual who violates section 7323 
or 7324 shall be subject to removal, reduction in grade, 
debarment from Federal employment for a period not to 
exceed 5 years, suspension, reprimand, or an assessment 
of a civil penalty not to exceed $1,000.’’. 
SEC. 5. EFFECTIVE DATE. 
(a) IN GENERAL.—This Act and the amendments 
made by this Act shall take effect 30 days after the date 
of enactment of this Act. 
(b) APPLICABILITY RULE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by section 4 shall 
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apply with respect to any violation occurring before, 
on, or after the effective date of this Act. 
(2) EXCEPTION.—The amendment made by 
section 4 shall not apply with respect to an alleged 
violation if, before the effective date of this Act— 
(A) the Special Counsel has presented a 
complaint for disciplinary action, under section 
1215 of title 5, United States Code, with re-
spect to the alleged violation; or 
(B) the employee alleged to have com-
mitted the violation has entered into a signed 
settlement agreement with the Special Counsel 
with respect to the alleged violation. 
Æ 
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