123STA T . 1 856PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9‘ ‘ (I)forp ro vid i ng for theau to m ati c enro l lment of a partici - pant in accordance w ith s ection 8432 ( b )(2)( A )
‘‘(II) for enrolling a participant in a default investment fund in accordance with section 8438(c)(2); or ‘‘(III) for allowing a participant to invest through the mutual fund window or for establishing restrictions applicable to participants ’ abilit y to invest through the mutual fund window . ’’. SEC.107 .S UBPO E NA AU TH O RI T Y . (a) I NGE NE RAL . —C hapter 84 of title 5,U nited S tates Code, is amended by inserting after section 84 79 the following
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‘ §84 8 0.Subpoena au th o ri t y ‘‘(a) In order to carry out the responsibilities specified in this subchapter and subchapter III of this chapter, the Ex ecutive D irector may issue subpoenas commanding each person to whom the subpoena is directed to produce designated boo k s, documents, records, electronically stored information, or tangible materials in the possession or control of that individual. ‘‘(b) N otwithstanding any F ederal, State, or local law, any per- son, including officers, agents, and employees, receiving a subpoena under this section, who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any court of any State or the United States to any individual, domestic or foreign corporation or upon a partnership or other unincorporated association for such production. ‘‘(c) W hen a person fails to obey a subpoena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpoena. T he court may punish as contempt any disobedience of its order. ‘‘(d) The Executive Director shall prescribe regulations to carry out subsection (a).’’. (b) TE CH N I CAL AN D C O N F OR M IN G AMENDMEN T .—The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8479 the following: ‘ ‘ 84 8 0.Subpoena au th o ri t y . ’ ’. SEC. 10 8 .A M OUNTS IN THRI F TSA V IN G S FUN D S SUB J ECT TO L EGAL PROCEEDINGS. Section 8437(e)(3) of title 5, United States Code, is amended in the first sentence by striking ‘‘or relating to the enforcement ofa j udgment for the physically, sexually, or emotionally abusing a child as provided under section 84 6 7(a)’’ and inserting ‘‘the enforcement of an order for restitution under section 3663A of title 1 8, forfeiture under section 8432(g)(5) of this title, or an obliga- tion of the Executive Director to make a payment to another person under section 8467 of this title’’. SEC. 10 9 . ACCOUNTS FOR SURVIVING SPOUSES. Section 8433(e) of title 5, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and (2) by adding at the end the following: ‘‘(2) Notwithstanding section 8424(d), if an employee, M ember, former employee, or former Member dies and has designated as Regulations.
