[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