5 U.S.C. § 7326: Penalties

5 U.S.C. 7326: PenaltiesText contains those laws in effect through Public Law 119-124 (October 15, 2026).

From Title 5-GOVERNMENT ORGANIZATION AND EMPLOYEESCHAPTER 73-SUITABILITY, SECURITY, AND CONDUCT

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§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).

(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

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.”