5 U.S.C. § 7326 | Penalties

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).

Pub. L. 112–230, § 4Dec. 28, 2012126 Stat. 1617 Pub. L. 115–91, div. A, title X, § 1097(k)(1)Dec. 12, 2017131 Stat. 1626 (Added , , ; amended , , .)

Editorial Notes

Prior Provisions

Pub. L. 103–94, § 2(a)Oct. 6, 1993107 Stat. 1004 Pub. L. 112–230, § 4Dec. 28, 2012126 Stat. 1617 A prior section 7326, added , , , related to penalties, prior to repeal by , , .

Pub. L. 89–554Sept. 6, 196680 Stat. 526 Pub. L. 103–94Another prior section 7326, , , , authorized nonpartisan political activities, prior to the general revision of this subchapter by .

Pub. L. 89–554Sept. 6, 196680 Stat. 526 Pub. L. 96–54, § 2(a)(14)Aug. 14, 197993 Stat. 382 Pub. L. 97–468, title VI, § 615(b)(1)(E)Jan. 14, 198396 Stat. 2578 Pub. L. 103–94A prior section 7327, , , ; , (15), , ; , , , related to permitted political activity in certain municipalities where employees reside, prior to the general revision of this subchapter by .

Pub. L. 96–191, § 8(e)(1)Feb. 15, 198094 Stat. 33 Pub. L. 103–94A prior section 7328, added , , , exempted employees of the General Accounting Office from provisions of this subchapter, prior to the general revision of this subchapter by .

Amendments

Pub. L. 115–912017— 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, 2017131 Stat. 1626

Dec. 12, 2017“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 [].”

, , , provided that:

Effective Date; Applicability

Dec. 28, 2012section 5(a) of Pub. L. 112–230 section 1501 of this titleSection effective 30 days after , see , set out as an Effective Date of 2012 Amendment note under .

Pub. L. 112–230, § 5(b)Dec. 28, 2012126 Stat. 1617

“(1)

In general .—

section 7326 of this titleExcept as provided in paragraph (2), the amendment made by section 4 [enacting this section and repealing former ] 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)

section 1215 of title 5 the Special Counsel has presented a complaint for disciplinary action, under , 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.”