Page:United States Statutes at Large Volume 116 Part 1.djvu/532

This page needs to be proofread.

116 STAT. 506 PUBLIC LAW 107-171—MAY 13, 2002 investigation is conducted, or where the person resides, is found, transacts business, is licensed to do business, or is incorporated, to require the attendance and testimony of any witness and the production of documentary evidence. (ii) NONCOMPLIANCE.— In case of a refusal to obey a subpoena issued to any person, a court may order the person to appear before the Secretary and give evidence concerning the matter in question or to produce documentary evidence. (iii) CONTEMPT. — Any failure to obey the order of the court may be punished by the court as contempt of the court. (D) COMPENSATION.— (i) WITNESSES. — ^A witness summoned by the Secretary under this subtitle shall be paid the same fees and mileage that are paid to a witness in a court of the United States. (ii) DEPOSITIONS.— ^A witness whose deposition is taken, and the person taking the deposition, shall be entitled to the same fees that are paid for similar services in a court of the United States. (E) PROCEDURES.— (i) PUBLICATION.—The Secretary shall publish procedures for the issuance of subpoenas under this section. (ii) REVIEW. —The procedures shall include a requirement that subpoenas be reviewed for legal sufficiency and, to be effective, be signed by the Secretary. (iii) DELEGATION.— If the authority to sign a subpoena is delegated to an agency other than the Office of Administrative Law Judges, the agency receiving the delegation shall seek review of the subpoena for legal sufficiency outside that agency. (b) AUTHORITY OF ATTORNEY GENERAL.— The Attorney General may— (1) prosecute, in the name of the United States, all criminal violations of this subtitle that are referred to the Attorney General by the Secretary or are brought to the notice of the Attorney General by any person; (2) bring an action to enjoin the violation of or to compel compliance with this subtitle, or to enjoin any interference by any person with the Secretary in carrying out this subtitle, in any case in which the Secretary has reason to believe that the person has violated, or is about to violate this subtitle or has interfered, or is about to interfere, with the actions of the Secretary; or (3) bring an action for the recovery of any unpaid civil penalty, funds under a reimbursable agreement, late payment penalty, or interest assessed under this subtitle. (c) COURT JURISDICTION.— (1) IN GENERAL.— The United States district courts, the District Court of Guam, the District Court of the Northern Mariana Islands, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories and possessions are vested with jurisdiction in all cases arising under this subtitle.