Penalties

5 U.S.C. § 7326

• Title: 5 — Government Organization and Employees
• Chapter: SUBCHAPTER III—POLITICAL ACTIVITIES

Text

An employee or individual who violates section 7323 or 7324 shall be subject to—
(1) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand;
(2) an assessment of a civil penalty not to exceed $1,000; or
(3) any combination of the penalties described in paragraph (1) or (2).

History

(Added Pub. L. 112–230, §4, Dec. 28, 2012, 126 Stat. 1617; amended Pub. L. 115–91, div. A, title X, §1097(k)(1), Dec. 12, 2017, 131 Stat. 1626.)

Editorial Notes

Editorial Notes

Prior Provisions
A prior section 7326, added Pub. L. 103–94, §2(a), Oct. 6, 1993, 107 Stat. 1004, related to penalties, prior to repeal by Pub. L. 112–230, §4, Dec. 28, 2012, 126 Stat. 1617.
Another prior section 7326, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526, authorized nonpartisan political activities, prior to the general revision of this subchapter by Pub. L. 103–94.
A prior section 7327, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 526; Pub. L. 96–54, §2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 97–468, title VI, §615(b)(1)(E), Jan. 14, 1983, 96 Stat. 2578, related to permitted political activity in certain municipalities where employees reside, prior to the general revision of this subchapter by Pub. L. 103–94.
A prior section 7328, added Pub. L. 96–191, §8(e)(1), Feb. 15, 1980, 94 Stat. 33, exempted employees of the General Accounting Office from provisions of this subchapter, prior to the general revision of this subchapter by Pub. L. 103–94.

Amendments
2017—Pub. L. 115–91 amended section generally. Prior to amendment, text read as follows: "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."

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment; Applicability
Pub. L. 115–91, div. A, title X, §1097(k)(2), Dec. 12, 2017, 131 Stat. 1626, provided that: "The amendment made by paragraph (1) [amending this section] shall apply to any violation of section 7323 or 7324 of title 5, United States Code, occurring after the date of enactment of this Act [Dec. 12, 2017]."

Effective Date; Applicability
Section effective 30 days after Dec. 28, 2012, see section 5(a) of Pub. L. 112–230, set out as an Effective Date of 2012 Amendment note under section 1501 of this title.
Pub. L. 112–230, §5(b), Dec. 28, 2012, 126 Stat. 1617, provided that:
"(1) In general.—Except as provided in paragraph (2), the amendment made by section 4 [enacting this section and repealing former section 7326 of this title] shall apply with respect to any violation occurring before, on, or after the effective date of this Act [see above].
"(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."

Editorial Notes

Amendments
1967—Pub. L. 90–83, §1(45)(A), Sept. 11, 1967, 81 Stat. 208, substituted "FOREIGN GIFTS AND DECORATIONS" for "FOREIGN DECORATIONS" in subchapter heading.