Section 1 Short title
This Act may be cited as the “Stop Resistance Activities by Federal Employees Act” or the “STRAFE Act”.
Stop Resistance Activities by Federal Employees Act
A BILL
To require the Director of the Office of Personnel Management to develop and implement mandatory training for covered Federal employees regarding compliance with directives from the President, Vice President, and other political appointees, and for other purposes.
Sec. 2 Compliance training for Federal employees
In general— Not later than 180 days after the date of the enactment of this Act, the Office of Personnel Management shall develop and implement a training program for covered Federal employees on the limitations with respect to opposing, obstructing, or impeding lawful directives from the President, Vice President, or any other political appointee, including Executive orders, National Security Presidential Memoranda, Presidential Decision Directives, Agency Directives.
Training contents— The training program required under subsection (a) shall include—
an explanation of the violations and penalties associated with obstructing the exercise of the authority or the performance of the responsibilities of the President or a political appointee; and
instructions on—
identifying the activities described in paragraph (1) and subsection (a) which Federal employees are prohibited from engaging in; and
how to report Federal employees engaging in such prohibited activities to appropriate political appointees in the Senior Executive Service.
Training schedule—
In general— The head of each Federal agency shall require each covered Federal employee of such agency to—
complete the training program implemented under subsection (a)—
not later than 30 days after the appointment of such covered Federal employee to a position in such agency; and
not less than once every 12 months; and
each time such covered Federal employee completes such training program, sign a written statement acknowledging that such covered Federal employee has received such training and that such covered Federal employee will act in accordance with such training.
Effective date— Paragraph (1) shall take effect on the date that is 30 days after the date on which the Office of Personnel Management implements the training program required under subsection (a).
Sec. 3 Reporting
Reporting process— Not later than 180 days after the date of the enactment of this Act, the head of each Federal agency shall established a process for covered Federal employees to report Federal employees for engaging in activities described in subsections (a) and (b)(1) which Federal employees are prohibited from engaging in to appropriate political appointees in the Senior Executive Service.
Report to President— Not later than 180 days after the date of the enactment of this Act, and every six months thereafter, the head of each Federal agency shall submit to the Executive Office of the President a report containing—
the number of reports submitted during the period covered by the report with respect to Federal employees of such Federal agency engaging in activities described in subsections (a) and (b)(1) in violation of law, regulation, or policy; and
the number of investigations into such activities that were initiated, ongoing, or completed during the period covered by the report.
Sec. 4 Penalties for noncompliance with lawful directives
In addition to any other penalties imposed by law, a covered employee who unlawfully opposes, obstructs, or impedes a lawful directive described in section 2(a) shall be subject to—
disciplinary action up to and including 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).
Sec. 5 Definitions
In this Act:
Covered Federal employee— The term covered Federal employee means an individual holding a position in the civil service in the executive branch that is classified at or above GS–15 of the General Schedule (or equivalent) or in the Senior Executive Service (or equivalent) and either—
is in an element of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)));
is in the Department of Defense;
the duties of which are primarily—
performing law enforcement activities, including—
the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States; and
the enforcement of immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101));
the prosecution of such individuals for such offenses;
the protection of officials of the United States against threats to personal safety;
performing diplomatic activities with foreign entities on behalf of the United States; or
the development, implementation, or enforcement of regulations issued by Federal agencies, other than regulations pertaining only to the Federal Government; or
is a supervisor (at any level) of a position in the executive branch the duties of which are described in subparagraph (B).
Political appointee defined— The term political appointee means an individual holding—
a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or
a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a) of title 5, United States Code).