
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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
------------------------------------------------------------------------
                                                    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.
------------------------------------------------------------------------

    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.
