5 U.S.C. § 1508 — Judicial review

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. Page 298 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1508 1 Chapter heading amended by Pub. L. 107–296 without cor- responding amendment of part analysis. The institution of the proceedings does not oper- ate as a stay of the determination or order un- less— (1) the court specifically orders a stay; and (2) the officer or employee is suspended from his office or employment while the pro- ceedings 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 de- termination or order in view of the additional evidence and shall file with the court the modi- fied findings, determination, or order; and the modified findings of fact, if supported by sub- stantial evidence, are conclusive. The court shall affirm the determination or order, or the modified determination or order, if the court de- termines that it is in accordance with law. If the court determines that the determination or order, or the modified determination or order, is not in accordance with law, the court shall re- mand the proceeding to the Board with direc- tions either to make a determination or order determined by the court to be lawful or to take such further proceedings as, in the opinion of the court, the law requires. The judgment and decree of the court are final, subject to review by the appropriate United States Court of Ap- peals as in other cases, and the judgment and decree of the court of appeals are final, subject to review by the Supreme Court of the United States on certiorari or certification as provided by section 1254 of title 28. If a provision of this section is held to be invalid as applied to a party by a determination or order of the Board, the determination or order becomes final and effec- tive as to that party as if the provision had not been enacted. (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(c). July 19, 1940, ch. 640, § 4 ‘‘Sec. 12(c)’’, 54 Stat. 768. Sections 346 and 347 of title 28 referred to in former section 118k(c) were repealed by the Act of June 25, 1948, ch. 646, § 39, 62 Stat. 862, and are now covered by section 1254 of title 28. The titles of the courts are changed to conform to title 28. In the reference to filing a written petition, ‘‘writ- ten’’ is omitted as unnecessary. 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’’ and ‘‘Board’’ for ‘‘Civil Service Commis- sion’’ and ‘‘Commission’’, respectively, wherever ap- pearing. 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. PART III—EMPLOYEES Subpart A—General Provisions Chap. Sec. 21. Definitions ............................................ 2101 23. Merit System Principles .................... 2301 29. Commissions, Oaths, Records, and Reports ............................................... 2901 Subpart B—Employment and Retention 31. Authority for Employment ............... 3101 33. Examination, Selection, and Place- ment .................................................... 3301 34. Part-Time Career Employment Op- portunities ......................................... 3401 35. Retention Preference, Restoration, and Reemployment 1 ....................... 3501 37. Information Technology Exchange Program ............................................. 3701 Subpart C—Employee Performance 41. Training ................................................. 4101 43. Performance Appraisal ...................... 4301 45. Incentive Awards ................................ 4501 47. Personnel Research Programs and Demonstration Projects ................. 4701 48. Agency Personnel Demonstration Project ................................................ 4801 Subpart D—Pay and Allowances 51. Classification ........................................ 5101 53. Pay Rates and Systems ...................... 5301 54. Human Capital Performance Fund 5401 55. Pay Administration ............................ 5501 57. Travel, Transportation, and Sub- sistence ............................................... 5701 59. Allowances ............................................ 5901 Subpart E—Attendance and Leave 61. Hours of Work ...................................... 6101 63. Leave ...................................................... 6301 65. Telework ................................................ 6501 Subpart F—Labor-Management and Employee Relations 71. Labor-Management Relations .......... 7101 72. Antidiscrimination; Right to Peti- tion Congress .................................... 7201 73. Suitability, Security, and Conduct 7301 75. Adverse Actions ................................... 7501 77. Appeals .................................................. 7701 79. Services to Employees ....................... 7901