[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2170 Reported in Senate (RS)]
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 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Hatch Act Modernization Act
of 2012''.</DELETED>
<DELETED>SEC. 2. PERMITTING STATE AND LOCAL EMPLOYEES TO BE CANDIDATES
FOR ELECTIVE OFFICE.</DELETED>
<DELETED> (a) In General.--Section 1502(a) of title 5, United States
Code, is amended--</DELETED>
<DELETED> (1) in paragraph (1), by adding ``or'' after the
semicolon;</DELETED>
<DELETED> (2) in paragraph (2), by striking ``purposes; or''
and inserting ``purposes.''; and</DELETED>
<DELETED> (3) by striking paragraph (3).</DELETED>
<DELETED> (b) Technical and Conforming Amendments.--</DELETED>
<DELETED> (1) Reference to state and local officials.--
Section 1502 of title 5, United States Code, is amended by
striking subsection (c).</DELETED>
<DELETED> (2) Nonpartisan candidacies.--</DELETED>
<DELETED> (A) In general.--Section 1503 of title 5,
United States Code, is repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. APPLICABILITY OF PROVISIONS RELATING TO STATE AND
LOCAL EMPLOYEES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(B) an individual employed by an
educational or research institution, establishment,
agency, or system which is supported in whole or in
part by--</DELETED>
<DELETED> ``(i) a State or political
subdivision thereof;</DELETED>
<DELETED> ``(ii) the District of Columbia;
or</DELETED>
<DELETED> ``(iii) a recognized religious,
philanthropic, or cultural
organization.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (d) Provisions Relating to Federal Employees Made
Inapplicable.--Section 7322(1) of title 5, United States Code, is
amended--</DELETED>
<DELETED> (1) in subparagraph (A), by adding ``or'' at the
end;</DELETED>
<DELETED> (2) in subparagraph (B), by striking ``or'' at the
end;</DELETED>
<DELETED> (3) by striking subparagraph (C); and</DELETED>
<DELETED> (4) by striking ``services;'' and inserting
``services or an individual employed or holding office in the
government of the District of Columbia;''.</DELETED>
<DELETED>SEC. 4. HATCH ACT PENALTIES FOR FEDERAL EMPLOYEES.</DELETED>
<DELETED> Chapter 73 of title 5, United States Code, is amended by
striking section 7326 and inserting the following:</DELETED>
<DELETED>``Sec. 7326. Penalties</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED>SEC. 5. EFFECTIVE DATE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Applicability Rule.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
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.
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 cultural 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 ``,
municipality, 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 ``(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 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;''.
(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:
``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.
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.''.
Calendar No. 508
112th CONGRESS
2d Session
S. 2170
[Report No. 112-211]
_______________________________________________________________________
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.
_______________________________________________________________________
September 13, 2012
Reported with an amendment and an amendment to the title