Text: S.2170 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-230 (12/28/2012)

 
[112th Congress Public Law 230]
[From the U.S. Government Printing Office]



[[Page 1615]]

                   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

[[Page 126 STAT. 1617]]

``(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:
---------------------------------------------------------------------------

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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