Page:United States Statutes at Large Volume 92 Part 1.djvu/1177

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1123

"(2) order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce com;^ pliance with any such order; "(3) conduct, from time to time, special studies relating to the civil service and to other merit systems in the executive branch, and report to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected; and "(4) review, as provided in subsection (e) of this section, rules and regulations of the Office of Personnel Management. "(b)(1) Any member of the Merit Systems Protection Board, the Special Counsel, any administrative law judge appointed by the Board under section 3105 of this title, and any employee of the Board desig- 5 USC 3105. nated by the Board may administer oaths, examine witnesses, take depositions, and receive evidence. "(2) Any member of the Board the Special Counsel, and any administrative law judge appointed by the Board under section 3105 of this title may—• "(A) issue subpenas requiring the attendance and testimony Subpenas. of witnesses and the production of documentary or other evidence from any place in the United States or any territory or possession thereof, the Commonwealth of Puerto Rico, or the District of Columbia; and "(B) order the taking of depositions and order responses to written interrogatories. "(3) Witnesses (whether appearing voluntarily or under subpena) Witnesses, shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States. "(c) In the case of contumacy or failure to obey a subpena issued under subsection (b)(2) of this section, the United States district court for the judicial district in which the person to whom the subpena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof. "(d)(1) In any proceeding under subsection (a)(1) of this section, any member of the Board may request from the Director of the Office of Personnel Management an advisory opinion concerning the interpretation of any rule, regulation, or other policy directive promulgated by the Office of Personnel Management. u.^,,- v ' "(2) In enforcing compliance with any order under subsection (a) (2) of this section, the Board may order that any employee charged with complying with such order, other than an employee appointed by the President by and with the advice and consent of the Senate, shall not be entitled to receive payment for service as an employee during any period that the order has not been complied with. The Board shall certify to the Comptroller General of the United States that such an order has been issued and no payment shall be made out of the Treasury of the United States for any service specified in such order. "(3) In carrying out any study under subsection (a)(3) of this section, the Board shall make such inquiries as may be necessary and, unless otherwise prohibited by law, shall have access to personnel records or information collected by the Office and may require additional reports from other agencies as needed.

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