[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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