§ 1507. — Subpenas and depositions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC1507]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 15--POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES
Sec. 1507. Subpenas and depositions
(a) The Merit Systems Protection Board may require by subpena the
attendance and testimony of witnesses and the production of documentary
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 witnesses and the
production of documentary evidence may be required from any place in the
United States at the designated place of hearing. 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 jurisdiction the inquiry is carried on may issue an
order requiring him to appear before the Board, or to produce
documentary evidence if so ordered, 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 contempt 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 individual 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 provided by this section.
(c) A person may not be excused from attending and testifying or
from producing documentary evidence or in obedience to a subpena on the
ground that the testimony or evidence, documentary or otherwise required
of him may tend to incriminate him or subject him to a penalty or
forfeiture for or on account of any transaction, matter, or thing
concerning which he is compelled to testify, or produce evidence,
documentary or otherwise, before the Board in obedience to a subpena
issued by it. A person so testifying is not exempt from prosecution and
punishment for perjury committed in so testifying.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 406; Pub. L. 95-454, title IX,
Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
5 U.S.C. 118k(d) (less 1st July 19, 1940, ch.
sentence). 640, Sec. 4 ``Sec.
12(d) (less 1st
sentence)'', 54
Stat. 769.
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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 positive form.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
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.
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.
