Page:United States Statutes at Large Volume 104 Part 6.djvu/501

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•^-^ Btf^ ' PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4891 dence (including witnesses or evidence to be subpoened in accordance with subsection (c)) would impair, impede, or compromise the investigation, prosecution, or adjudication of a criminal, civil, or administrative matter or proceeding, the Attorney General, the Director, or the Chairperson shall promptly notify the Commission of that determination. (C) The Commission shall decide whether to proceed to call a witness or to receive evidence after considering any determination under subparagraph (B)— (i) on the basis of the Commission's determination that taking such testimony or receiving such evidence is specifically necessary to carry out the duties of the Commission; and (ii) upon an affirmative vote of not fewer than 5 members of the Commission (or not fewer than 6 members of the Commission in the case of a witness or evidence to be subpoened). (D) The Commission shall notify the official who made the determination under subparagraph (B) of the Commission's determination under subparagraph (C). (c) SUBPOENA POWER.— (1) ADMINISTRATIVE ASPECTS OF SUBPOENA. — (A) ATTENDANCE OR PRODUCTION AT DESIGNATED SITE. — The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (B) FEES AND TRAVEL EXPENSES. —Persons served with a subpoena under this subsection shall be paid the same fees and mileage for travel within the United States that are paid witnesses in Federal courts. (C) No LiABiliTY FOR OTHER EXPENSES. — The Commission and the United States shall not be liable for any expense, other than an expense described in subparagraph (B), incurred in connection with the production of any evidence under this subsection. (2) FAILURE TO OBEY A SUBPOENA. — (A) APPLICATION TO COURT.— If a person refuses to obey a subpoena issued under this subsection, the Commission may apply to a district court of the United States for an order requiring that person to appear before the Commission to give testimony or produce evidence, as the case may be, relating to the matter under investigation. (B) JURISDICTION OF COURT. —The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. (C) FAILURE TO COMPLY WITH ORDER. — Any failure to obey the order of the court may be punished by the court as civil contempt. (3) SERVICE OF SUBPOENAS. —The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) SERVICE OF PROCESS.— A ll process of any court to which application is to be made under paragraph (3) may be served in the judicial district in which the person required to be served resides or may be found.