Page:United States Statutes at Large Volume 84 Part 1.djvu/488

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[84 STAT. 430]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 430]

430

Service of process.

Immunity of witness.

" Other information". Order to t e s t i f y.

PUBLIC LAW 91-334-JULY 10, 1970

[84 STAT.

or any agent or agency designated by the Commission for such purpose, may administer oaJths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing. (c) I n case of contumacy or refusal to obey a subpoena issued to any person under subsection (b), any court of the United States within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commission shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission, its member, a^ent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof. (d) Process and papers of the Commission, its members, agent, or agency, may be served either upon the witness in person or by registered mail or by telegraph or by leaving a copy thereof at the residence or principal office or place of business of the person required to be served. The verified return by the individual so serving the same, setting forth the manner of such service, shall be proof of the same, and the return post office receiipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid shall be proof «rf service of the same. Witnesses summoned before the Commission, its members, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts 01 the United States. (e)(1) Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information m a proceeding before the Commission, and the person presiding over the proceeding communicates to the witness an order issued pursuant to paragraph (2) of this subsection, the witness m a j not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. The term "other information" includes any book, paper, document, record, recording, or other material. (2) The Commission may, with the approval of the Attorney General, issue an order requiring an individual who has been or may be called to testify or to provide other information to give any testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination: Provided, That the Commission may issue such an order only if in its judgment (i) the testimony or other information from such individual may be necessary to the public interest, and (ii) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. (f) All process of any court to which application may be made