H. R. 4152
IN THE HOUSE OF REPRESENTATIVES
March 7, 2012
Mr. Cummings (for himself, Mr. Moran, Ms. Norton, Mr. Lynch, and Mr. Connolly of Virginia) introduced the following bill; which was referred to the Committee on Oversight and Government Reform
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.
This Act may be cited as the
Hatch Act Modernization Act of
Permitting State and local employees to be candidates for elective office
Section 1502(a) of title 5, United States Code, is amended—
in paragraph (1),
or after the semicolon;
in paragraph (2),
purposes; or and inserting
by striking paragraph (3).
Technical and conforming amendments
Reference to State and local officials
Section 1502 of title 5, United States Code, is amended by striking subsection (c).
Section 1503 of title 5, United States Code, is repealed.
Table of sections
The item relating to section 1503 in the table of sections for chapter 15 of title 5, United States Code, is repealed.
Applicability of provisions relating to State and local employees
State or local agency
Section 1501(2) of
title 5, United States Code, is amended by inserting
, or the District
of Columbia, or an agency or department thereof before the
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:
an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by—
a State or political subdivision thereof;
the District of Columbia; or
a recognized religious, philanthropic, or cultural organization.
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
Provisions relating to Federal employees made inapplicable
Section 7322(1) of title 5, United States Code, is amended—
in subparagraph (A), by adding
or at the end;
(B), by striking
or at the end;
by striking subparagraph (C); and
services; and inserting
services or an individual
employed or holding office in the government of the District of
Hatch Act penalties for Federal employees
Chapter 73 of title 5, United States Code, is amended by striking section 7326 and inserting the following:
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.
This Act and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act.
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.
The amendment made by section 4 shall not apply with respect to an alleged violation if, before the effective date of this Act—
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
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.