Orders; withholding loans or grants; limitations

1. Law
2. USC 5
3. Government Organization And Employees
4. CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
5. POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES
6. Orders; withholding loans or grants; limitations

§1506. Orders; withholding loans or grants; limitations

(a) When the Merit Systems Protection Board finds-

(1) that a State or local officer or employee has not been removed from his office or employment within 30 days after notice of a determination by the Board that he has violated section 1502 of this title and that the violation warrants removal; or

(2) that the State or local officer or employee has been removed and has been appointed within 18 months after his removal to an office or employment in the same State (or in the case of the District of Columbia, in the District of Columbia) in a State or local agency which does not receive loans or grants from a Federal agency;

the Board shall make and certify to the appropriate Federal agency an order requiring that agency to withhold from its loans or grants to the State or local agency to which notice was given an amount equal to 2 years' pay at the rate the officer or employee was receiving at the time of the violation. When the State or local agency to which appointment within 18 months after removal has been made is one that receives loans or grants from a Federal agency, the Board order shall direct that the withholding be made from that State or local agency.

(b) Notice of the order shall be sent by registered or certified mail to the State or local agency from which the amount is ordered to be withheld. After the order becomes final, the Federal agency to which the order is certified shall withhold the amount in accordance with the terms of the order. Except as provided by section 1508 of this title, a determination or order of the Board becomes final at the end of 30 days after mailing the notice of the determination or order.

(c) The Board may not require an amount to be withheld from a loan or grant pledged by a State or local agency as security for its bonds or notes if the withholding of that amount would jeopardize the payment of the principal or interest on the bonds or notes.

( Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 405 ; Pub. L. 95–454, title IX, §906(a)(6), Oct. 13, 1978, 92 Stat. 1225 ; Pub. L. 112–230, §3(d), Dec. 28, 2012, 126 Stat. 1616 .)

Historical and Revision Notes

Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 118k(b) (less 1st 4 sentences).	July 19, 1940, ch. 640, §4 "Sec. 12(b) (less 1st 4 sentences)", 54 Stat. 768 . June 11, 1960, Pub. L. 86–507, §1(1), 74 Stat. 200 .

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Amendments

2012-Subsec. (a)(2). Pub. L. 112–230 inserted "(or in the case of the District of Columbia, in the District of Columbia)" after "the same State".

1978-Subsec. (a). Pub. L. 95–454 substituted "Merit Systems Protection Board" for "Civil Service Commission" and "Board" for "Commission", respectively, wherever appearing.

Subsecs. (b), (c). Pub. L. 95–454 substituted "Board" for "Commission".

Effective Date of 2012 Amendment

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

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

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