5 U.S.C. § 1506 — Orders; withholding loans or grants; limitations
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 353 words · no verdicts yet
This section tells the Merit Systems Protection Board when to order a Federal agency to withhold two years of pay from loans or grants to a State or local agency. It sets notice and finality rules and protects pledged loan or grant funds when withholding would threaten bond or note payments.
(a) When the Merit Systems Protection Board finds either of the following, the Board must make and certify to the appropriate Federal agency an order requiring that agency to withhold from its loans or grants to the named State or local agency an amount equal to two years of pay at the rate the officer or employee was receiving when the violation occurred:
(1) A State or local officer or employee was not removed from office or employment within 30 days after notice that the Board determined the person violated section 1502 of this title and that the violation warranted removal; or
(2) The officer or employee was removed and, within 18 months after removal, was appointed to an office or employment in the same State—or, for the District of Columbia, in the District of Columbia—in a State or local agency that does not receive loans or grants from a Federal agency.
If the State or local agency where the appointment was made within 18 months after removal does receive loans or grants from a Federal agency, the Board's order must direct that the withholding come from that State or local agency. This section does not define "warrants removal."
(b) The Board must send notice of the order by registered or certified mail to the State or local agency from which the money will be withheld. After the order becomes final, the Federal agency receiving the certified order must withhold the amount according to the order. Except as provided by section 1508 of this title, a Board determination or order becomes final 30 days after the notice of the determination or order is mailed.
(c) The Board may not require money to be withheld from a loan or grant that a State or local agency pledged as security for its bonds or notes if withholding that money would jeopardize payment of the bonds' or notes' principal or interest. This section does not define "jeopardize."
When the Merit Systems Protection Board finds—
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
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.
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.
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.
Source credit: (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.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 405
- 1978Amended · Pub. L. 95-454 · 92 Stat. 1225
- 2012Amended · Pub. L. 112-230 · 126 Stat. 1616
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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