Page:United States Statutes at Large Volume 104 Part 5.djvu/675

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3997 the court shall be the same as is provided in paragraph (6) for applications to set aside or modify orders, (b) INVESTIGATIONS AND EXAMINATIONS. — (1) AUTHORITY. — (A) IN GENERAL.—The Board may conduct such investigations as the Board considers necessary to determine whether an eligible entity has engaged in any conduct that constitutes or will constitute a violation of any provision of this chapter, of any regulation issued under this chapter, or of any order issued under this section. (B) FiliNG OF STATEMENTS. — The Board shall permit any individual to file a statement with the Board in writing, under oath, or otherwise as the Board shall determine, as to all the facts and circumstances concerning the matter to be investigated. (C) SUBPOENA.— For the purpose of any investigation under this subsection, the Board may administer oatl^ and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. (D) REFUSAL TO OBEY.— In case of contumacy by, or refusal to obey a subpoena issued to, any individual, including an entity or corporation, the Board may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such individual resides or carries on business activity, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents, and such court may issue an order requiring such individual to appear before the Board, to produce records, if so ordered, or to give testimony touching the matter under investigation. (E) C!ONTEMPT. —A failure to obey an order of the court under this subsection shall be punishable by such court as a contempt thereof. All process in any such case may be served in the judicial district where such individual is an inhabitant or wherever such individual may be found. (2) EXAMINATIONS AND REPORTS.— (A) EXAMINATIONS. — An eligible entity under this chapter shall be subject to examinations made by the Board through examiners selected or approved by the Board, and the cost of such examinations, including the compensation of the examiners, may in the discretion of the Board be assessed against the entity examined and when so assessed shall be paid by such entity. (B) REPORTS.— Such entities shall prepare and submit reports to the Board at such times and in such form as the Board may require. (3) EXAMINATIONS.—Each eligible entity shall be examined and audited at least once every 2 years, under procedures established by the Board, to determine whether or not such entity has been operated in a manner consistent with this chapter and in an otherwise lawful manner, except that the Board may defer the examination for not more than 1 year if, in