[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2170 Introduced in Senate (IS)]
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.
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 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 officials.--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States Code, is repealed.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 table of sections for
chapter 15 of title 5, United States Code, is amended
by striking the item relating to section 1503.
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.--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 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--
(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;''.
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:
``Sec. 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
(B) the employee alleged to have committed the
violation has entered into a signed settlement
agreement with the Special Counsel with respect to the
alleged violation.
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