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Hatch Act Modernization Act of 2012

Public Law 112-230 · S. 2170 · 112th Congress · began in the Senate

Signed by Barack Obama (D) on Dec 28, 2012 · Government Operations and Politics

Sponsor: Sen. Daniel Akaka (D-HI)

Cosponsors (3): Sen. Joseph Lieberman,

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Hatch Act Modernization Act of 2012 - (Sec. 2) Allows a state or local officer or employee to be a candidate for partisan elective office unless the salary of such officer or employee is paid completely, directly or indirectly, by loans or grants made by the United States or a federal agency.

(Sec. 3) Redefines "state or local agency" for purposes of the Hatch Act to include the executive branch of the District of Columbia, or an agency or department thereof.

Extends the exemption from Hatch Act requirements for state or local officers or employees to individuals employed by an educational or research institution, establishment, agency or system supported in whole or in part by the District of Columbia.

Extends the exemption from the prohibition against running for elective office to the head of an executive department of the District of Columbia who is not classified under an applicable merit or civil-service system.

Extends to agencies of the District of Columbia provisions requiring the the Merit System Protection Board (MSPB) to withhold funds from agencies that reappoint employees removed for violating the Hatch Act within 18 months after removal.

Exempts individuals employed or holding office in the District of Columbia from provisions of the Hatch Act applicable to federal employees.

Makes federal employees living in the District of Columbia eligible to participate in local politics to the same extent as federal employees living in nearby areas of Maryland or Virginia.

(Sec. 4) Replaces existing penalty provisions for violations of the Hatch Act to make an offending employee subject to removal (currently, removal is mandatory), reduction in grade, debarment from federal employment for five years, suspension, reprimand, or a civil penalty of not more than $1,000.

(Sec. 5) Makes the new penalties imposed by this Act applicable to violations occurring before, on, or after the effective date of this Act, unless, before the effective date of this Act, the Special Counsel has presented a complaint for disciplinary action with respect to an alleged violation or the employee alleged to have committed the violation has entered into a signed settlement agreement with the Special Counsel.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

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Related bills

2 bills the Library of Congress relates to this one.

  • H.R. 4152Identical bill

    Hatch Act Modernization Act of 2012

  • H.R. 4186Related bill

    Allowing Qualified Local Employees to Serve Act

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 19 actions.

  1. Dec 28, 2012Became lawBecame law · Became Public Law No: 112-230.
  2. Became lawBecame law · Signed by President.
  3. Dec 20, 2012FloorFloor · Presented to President.
  4. Dec 19, 2012FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  5. FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
  6. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 2170.
  7. FloorFloor · Considered under suspension of the rules.
  8. FloorFloor · Mr. Farenthold moved to suspend the rules and pass the bill.
  9. Dec 3, 2012FloorFloor · Received in the House.
  10. FloorFloor · Message on Senate action sent to the House.
  11. CommitteeCommittee · Referred to the House Committee on Oversight and Government Reform.
  12. Nov 30, 2012FloorFloor · Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
  13. Sep 13, 2012CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 508.
  14. CommitteeCommittee · Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute and an amendment to the title. With written report No. 112-211.
  15. Jun 29, 2012CommitteeCommittee · Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
  16. Mar 13, 2012CommitteeCommittee · Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
  17. Mar 7, 2012CommitteeCommittee · Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  18. CommitteeCommittee · Sponsor introductory remarks on measure. (CR S1461)
  19. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

No amendments to this bill are on record.

Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.