[Congressional Record Volume 158, Number 152 (Friday, November 30, 2012)]
[Senate]
[Pages S7307-S7308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  HATCH ACT MODERNIZATION ACT OF 2012

  Mr. LEVIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 508, S. 2170.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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.''.

[[Page S7308]]

     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.

  Mr. LEVIN. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to; the bill, as amended, be read a 
third time and passed; the committee-reported title amendment be agreed 
to with no intervening action or debate; and that any related 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment in the nature of a substitute was agreed to.
  The bill (S. 2170), as amended, was ordered to be engrossed for a 
third reading, was read the third, and passed.
  The title amendment was agreed to, as follows:

         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.''.

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