[112th Congress Public Law 230]
[From the U.S. Government Printing Office]
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HATCH ACT MODERNIZATION ACT OF 2012
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Public Law 112-230
112th Congress
An Act
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. <<NOTE: Dec. 28, 2012 - [S. 2170]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Hatch Act
Modernization Act of 2012. 5 USC 101 note.>>
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
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``(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. <<NOTE: 5 USC 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 <<NOTE: 5 USC 1501 note.>> Act and the
amendments made by this Act shall take effect 30 days after the date of
enactment of this Act.
(b) <<NOTE: 5 USC 7326 note.>> 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
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(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.
Approved December 28, 2012.
LEGISLATIVE HISTORY--S. 2170:
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SENATE REPORTS: No. 112-211 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 158 (2012):
Nov. 30, considered and passed Senate.
Dec. 19, considered and passed House.
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