§ 7326. Penalties

Statutory text

An employee or individual who violates section 7323 or 7324 shall be subject to—

disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand;

an assessment of a civil penalty not to exceed $1,000; or

any combination of the penalties described in paragraph (1) or (2).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2012
Hatch Act Modernization Act of 2012
Pub. L. 112–230 § 4 · 126 Stat. 1616
Enacted · 5 U.S.C. § 7326
Added Pub. L. 112–230, § 4, Dec. 28, 2012, 126 Stat. 1617
Source evidence
Code source credit
Added Pub. L. 112–230, § 4, Dec. 28, 2012, 126 Stat. 1617
Enacted provision · exact public law section
SEC. 4. HATCH ACT PENALTIES FOR FEDERAL EMPLOYEES. Chapter 73 of title 5, United States Code, is amended by striking section 7326 and inserting the following: “§ 7326. Penalties “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.” .
2017
National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 div. A title X § 1097(k)(1) · 131 Stat. 1283
Amended · 5 U.S.C. § 7326
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.”
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(1) In general.— Section 7326 of title 5, United States Code, is amended to read as follows: “§ 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).” .
Effective date note
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].”

2 of 2 references resolved to an enrolled provision

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].
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“(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
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“(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.”
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Credits

2012–2017 · 2 acts

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

Show as published

(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.)