§1506 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Merit Systems Protection Board can order federal loans or grants to be held back from a State or local agency when it finds either that an officer was not removed within 30 days after the Board said the officer violated section 1502 and should be removed, or that the officer was rehired within 18 months into a State or local agency that does not receive federal loans or grants. The Board sends the order by registered or certified mail to the agency. After the order is final, the federal agency will withhold the money. An order becomes final 30 days after mailing unless section 1508 says otherwise. The Board cannot require withholding from funds pledged as bond security if that would risk paying principal or interest.

Title 5, §1506

Government Organization and Employees — Source: USLM XML via OLRC

(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;

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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.

Editorial Notes

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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment 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 AmendmentAmendment 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.

§1506 Orders; withholding loans or grants; limitations

Summary

Title 5, §1506

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata