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.>>
This Act may be cited as the ``Hatch Act Modernization Act of 2012''.
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.''.
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''.
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.''.
(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.
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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