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. § 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 Page 297 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1508 notes if the withholding of that amount would jeopardize the payment of the principal or inter- est 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 sen- tences)’’, 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 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 Commis- sion’’ 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 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. § 1507. Subpenas and depositions (a) The Merit Systems Protection Board may require by subpena the attendance and testi- mony of witnesses and the production of docu- mentary evidence relating to any matter before it as a result of this chapter. Any member of the Board may sign subpenas, and members of the Board and its examiners when authorized by the Board may administer oaths, examine witnesses, and receive evidence. The attendance of wit- nesses and the production of documentary evi- dence may be required from any place in the United States at the designated place of hear- ing. In case of disobedience to a subpena, the Board may invoke the aid of a court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. In case of contumacy or refusal to obey a subpena issued to a person, the United States District Court within whose juris- diction the inquiry is carried on may issue an order requiring him to appear before the Board, or to produce documentary evidence if so or- dered, or to give evidence concerning the matter in question; and any failure to obey the order of the court may be punished by the court as a con- tempt thereof. (b) The Board may order testimony to be taken by deposition at any stage of a proceeding or investigation before it as a result of this chapter. Depositions may be taken before an in- dividual designated by the Board and having the power to administer oaths. Testimony shall be reduced to writing by the individual taking the deposition, or under his direction, and shall be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence before the Board as pro- vided by this section. (c) A person may not be excused from attend- ing and testifying or from producing documen- tary evidence or in obedience to a subpena on the ground that the testimony or evidence, doc- umentary or otherwise, required of him may tend to incriminate him or subject him to a pen- alty or forfeiture for or on account of any trans- action, matter, or thing concerning which he is compelled to testify, or produce evidence, docu- mentary or otherwise, before the Board in obedi- ence to a subpena issued by it. A person so testi- fying is not exempt from prosecution and pun- ishment for perjury committed in so testifying. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 406; 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(d) (less 1st sentence). July 19, 1940, ch. 640, § 4 ‘‘Sec. 12(d) (less 1st sen- tence)’’, 54 Stat. 769. In subsection (a), the word ‘‘affirmation’’ is omitted as included in ‘‘oath’’ on authority of section 1 of title 1, United States Code. The title of the court is changed to conform to title 28. In subsection (c), the prohibition is restated in posi- tive form. 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—Subsec. (a). Pub. L. 95–454 substituted ‘‘Merit Systems Protection Board’’ and ‘‘Board’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respectively, wherever appearing. Subsecs. (b), (c). Pub. L. 95–454 substituted ‘‘Board’’ for ‘‘Commission’’ wherever appearing. 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. § 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, with- in 30 days after the mailing of notice of the de- termination 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.