5 U.S.C. § 1504 — Investigations; notice of hearing

Page 295 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1504 § 1502. Influencing elections; taking part in polit- ical 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 of- fice; (2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local of- ficer or employee to pay, lend, or contribute anything of value to a party, committee, orga- nization, agency, or person for political pur- poses; or (3) if the salary of the employee is paid com- pletely, 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 can- didates. (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 de- partment of a State, municipality, or the Dis- trict 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 404; Pub. L. 93–443, title IV, § 401(a), Oct. 15, 1974, 88 Stat. 1290; Pub. L. 112–230, §§ 2, 3(c), 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(a) (less 1st 41 words). July 19, 1940, ch. 640, § 4 ‘‘Sec. 12(a) (less 1st 41 words)’’, 54 Stat. 767. In subsection (a), the term ‘‘State or local officer or employee’’, defined in section 1501, is substituted for the first 41 words of former section 118k(a). The words ‘‘any part of his salary or compensation’’ are omitted as included in ‘‘anything of value’’. 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 2012—Subsec. (a)(3). Pub. L. 112–230, § 2, amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘be a candidate for elective office.’’ Subsec. (c)(3). Pub. L. 112–230, § 3(c), which directed the substitution of ‘‘, municipality, or the District of Columbia’ ’’ for ‘‘ ‘or municipality’’ and ‘‘, municipal, or the District of Columbia’ ’’ for ‘‘ ‘or municipal’’, was executed by substituting ‘‘, municipality, or the Dis- trict of Columbia’’ for ‘‘or municipality’’ and ‘‘, municipal, or the District of Columbia’’ for ‘‘or mu- nicipal’’, to reflect the probable intent of Congress. 1974—Subsec. (a)(3). Pub. L. 93–443 substituted ‘‘be a candidate for elective office’’ for ‘‘take an active part in political management or in political campaigns’’. Statutory Notes and Related Subsidiaries 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 1974 AMENDMENT Amendment by Pub. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections. § 1503. Nonpartisan candidacies permitted Section 1502(a)(3) of this title does not prohibit any State or local officer or employee from being a candidate in any election if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 404; Pub. L. 93–443, title IV, § 401(b)(1), Oct. 15, 1974, 88 Stat. 1290.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 118n (as ap- plicable to 5 U.S.C. 118k(a)). July 19, 1940, ch. 640, § 4 ‘‘Sec. 18 (as applicable to § 12 of the Act of Aug. 2, 1939; added July 19, 1940, ch. 640, § 4, 54 Stat. 767)’’, 54 Stat. 772. 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 1974—Pub. L. 93–443 substituted ‘‘candidacies’’ for ‘‘political activity’’ in section catchline and provision permitting nonpartisan candidacies for prior provision permitting political activity in connection with (1) an election and the preceding campaign if none of the can- didates was to be nominated or elected at that election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected, or (2) a question which was not specifically identified with a National or State political party and deeming ques- tions relating to constitutional amendments, referen- dums, approval of municipal ordinances, and others of a similar character as not specifically identified with a National or State political party. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections. § 1504. Investigations; notice of hearing When a Federal agency charged with the duty of making a loan or grant of funds of the United States for use in an activity by a State or local officer or employee has reason to believe that the officer or employee has violated section 1502 of this title, it shall report the matter to the Special Counsel. On receipt of the report or on receipt of other information which seems to the 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. § 1505. Hearings; adjudications; notice of deter- minations Either the State or local officer or employee or the State or local agency employing him, or both, are entitled to appear with counsel at the hearing under section 1504 of this title, and be heard. After this hearing, the Merit Systems Protection Board shall— (1) determine whether a violation of section 1502 of this title has occurred; (2) determine whether the violation war- rants the removal of the officer or employee from his office or employment; and (3) notify the officer or employee and the agency of the determination by registered or certified mail. (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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 118k(b) (3d sentence, less 4th, through 17th words, and 4th sen- tence). July 19, 1940, ch. 640, § 4 ‘‘Sec. 12(b) (3d sentence, less 4th through 17th words, and 4th sen- tence)’’, 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 ‘‘Merit Systems Pro- tection Board’’ for ‘‘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. § 1506. Orders; withholding loans or grants; limi- tations (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 em- ployment within 30 days after notice of a de- termination 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 em- ployee has been removed and has been ap- pointed 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 agen- cy which does not receive loans or grants from a Federal agency; the Board shall make and certify to the appro- priate 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 reg- istered 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 determina- tion 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