[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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