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5 U.S.C. § 1506 — Orders; withholding loans or grants; limitations

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1502&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1508&num=0&edition=prelim), a determination or order of the Board becomes final

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Stable record: federal_law:legal_authorities:record_usc_b7b613a3c056c823ea50acef
Source file: Laws/federal/codes/united-states-code/title-5/section-1506-orders-withholding-loans-or-grants-limitations--b06f8eb04c.md
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Passage SHA-256: 1793398410ab280e7a4554c397182218dd161ec9ff9862118ee3f09a6ab2d077

Source location: Title 5, Chapter 15, § 1506; chapter-015-political-activity-of-certain-state-and-local-employees.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1502&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1508&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1502 — Influencing elections; taking part in political campaigns; prohibitions; exceptions

**(a)** A State or local officer or employee may not— (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; (2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or (3) if the salary of the employee is paid completely, directly or indirectly, by loans or grants made by the United States or a Federal agency, be a candidate for elective office. **(b)** A State or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates. **(c)** Subsection (a)(3) of this section does not apply to— (1) the Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor; (2) the mayor of a city; (3) a duly elected head of an executive department of a State, municipality, or the District of Columbia who is not classified under a State, municipal, or the District of Columbia merit or civil-service system; or (4) an individual holding elective office.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1501 — Definitions

For the purpose of this chapter— (1) “State” means a State or territory or possession of the United States; (2) “State or local agency” means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof, or the executive branch of the District of Columbia, or an agency or department thereof; (3) “Federal agency” means an Executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System; and (4) “State or local officer or employee” means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, but does not include— (A) an individual who exercises no functions in connection with that activity; or (B) an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by— (i) a State or political subdivision thereof; (ii) the District of Columbia; or (iii) a recognized religious, philanthropic, or cultural organization.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1508 — Judicial review

A party aggrieved by a determination or order of the Merit Systems Protection Board under section 1504, 1505, or 1506 of this title may, within 30 days after the mailing of notice of the determination or order, institute proceedings for review thereof by filing a petition in the United States District Court for the district in which the State or local officer or employee resides. The institution of the proceedings does not operate as a stay of the determination or order unless— (1) the court specifically orders a stay; and (2) the officer or employee is suspended from his office or employment while the proceedings are pending. A copy of the petition shall immediately be served on the Board, and thereupon the Board shall certify and file in the court a transcript of the record on which the determination or order was made. The court shall review the entire record including questions of fact and questions of law. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that the additional evidence may materially affect the result of the proceedings and that there were reasonable grounds for failure to adduce this evidence in the hearing before the Board, the court may direct that the additional evidence be taken before the Board in the manner and on the terms and conditions fixed by the court. The Board may modify its findings of fact or its determination or order in view of the additional evidence and shall file with the court the modified findings, determination, or order; and the modified findings of fact, if supported by substantial evidence, are conclusive. The court shall affirm the determination or order, or the modified determination or order, if the court determines that it is in accordance wit

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1506 — Orders; withholding loans or grants; limi-

Page 296 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1505 Special Counsel to warrant an investigation, the Special Counsel shall investigate the report and such other information and present his findings and any charges based on such findings to the Merit Systems Protection Board, which shall— (1) fix a time and place for a hearing; and (2) send, by registered or certified mail, to the officer or employee charged with the viola- tion and to the State or local agency employ- ing him a notice setting forth a summary of the alleged violation and giving the time and place of the hearing. The hearing may not be held earlier than 10 days after the mailing of the notice. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95–454, title IX, § 906(a)(7), Oct. 13, 1978, 92 Stat. 1225.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 118k(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence). July 19, 1940, ch. 640 § 4 ‘‘Sec. 12(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence)’’, 54 Stat. 768. June 11, 1960, Pub. L. 86–507, § 1(1), 74 Stat. 200. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted provisions respecting the functions of the Special Counsel and the Merit Sys- tems Protection Board for provisions respecting the functions of the Civil Service Commission. Statutory Notes and Related Subsidiaries 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

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 1506

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