Hatch Act Modernization Act of 2012
PL 112-230 (S.2170), enacted 12/28/2012

126 STAT. 1616 
PUBLIC LAW 112–230—DEC. 28, 2012 
Public Law 112–230 
112th Congress 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hatch Act Modernization Act 
of 2012’’. 
SEC. 2. PERMITTING STATE AND LOCAL EMPLOYEES TO BE CAN-
DIDATES FOR ELECTIVE OFFICE. 
Section 1502(a)(3) of title 5, United States Code, is amended 
to read as follows: 
‘‘(3) if the salary of the employee is paid completely, directly 
or indirectly, by loans or grants made by the United States 
or a Federal agency, be a candidate for elective office.’’. 
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 executive branch 
of the District of Columbia, or an agency or department thereof’’ 
before the semicolon. 
(b) STATE OR LOCAL OFFICER OR EMPLOYEE.—Section 1501(4) 
of title 5, United States Code, is amended by striking subparagraph 
(B) and inserting the following: 
‘‘(B) an individual employed by an educational 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, philanthropic, or cul-
tural organization.’’. 
(c) EXCEPTION OF CERTAIN OFFICERS.—Section 1502(c)(3) of title 
5, United States Code, is amended— 
(1) by striking ‘‘ ‘or municipality’’ and inserting ‘‘, munici-
pality, or the District of Columbia’ ’’; and 
(2) by striking ‘‘ ‘or municipal’’ and inserting ‘‘, municipal, 
or the District of Columbia’ ’’. 
(d) MERIT
SYSTEMS
PROTECTION
BOARD
ORDERS.—Section 
1506(a)(2) of title 5, United States Code, is amended by inserting 
Hatch Act 
Modernization 
Act of 2012. 
5 USC 101 note. 
Dec. 28, 2012 
[S. 2170] 
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126 STAT. 1617 
PUBLIC LAW 112–230—DEC. 28, 2012 
‘‘(or in the case of the District of Columbia, in the District of 
Columbia)’’ after ‘‘the same State’’. 
(e) PROVISIONS RELATING TO FEDERAL EMPLOYEES MADE INAP-
PLICABLE.—Section 7322(1) of title 5, United States Code, is 
amended— 
(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 ‘‘services or an 
individual employed or holding office in the government of 
the District of Columbia;’’. 
(f) EMPLOYEES RESIDING IN CERTAIN MUNICIPALITIES.—Section 
7325(1) of title 5, United States Code, is amended to read as 
follows: 
‘‘(1) the municipality or political subdivision is— 
‘‘(A) the District of Columbia; 
‘‘(B) in Maryland or Virginia and in the immediate 
vicinity of the District of Columbia; or 
‘‘(C) a municipality in which the majority of voters 
are employed by the Government of the United States; 
and’’. 
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 paragraph (2), the 
amendment made by section 4 shall 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 respect to the alleged violation; or 
5 USC 7326 note. 
5 USC 1501 note. 
5 USC 7326. 
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126 STAT. 1618 
PUBLIC LAW 112–230—DEC. 28, 2012 
LEGISLATIVE HISTORY—S. 2170: 
SENATE REPORTS: No. 112–211 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
Nov. 30, considered and passed Senate. 
Dec. 19, considered and passed House. 
(B) the employee alleged to have committed the viola-
tion has entered into a signed settlement agreement with 
the Special Counsel with respect to the alleged violation. 
Approved December 28, 2012. 
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