Page:United States Statutes at Large Volume 114 Part 2.djvu/909

 PUBLIC LAW 106-387—APPENDIX 114 STAT. 1549A-95 (2) SEPARATE VIOLATIONS.—Each day during which the person fails to obey an order described in paragraph (1) shall be considered as a separate violation of the order. (f) FAILURE TO PAY A PENALTY.— (1) IN GENERAL.— If a person fails to pay a civil penalty assessed under subsection (c) or (e) after the penalty has become final and unappealable, or after the appropriate United States district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in any United States district court in which the person resides or conducts business. (2) SCOPE OF REVIEW.—In an action by the Attorney General under paragraph (1), the validity and appropriateness of a civil penalty shall not be subject to review. (g) ADDITIONAL REMEDIES. —The remedies provided in this title shall be in addition to, and not exclusive of, other remedies that may be available. SEC. 1209. INVESTIGATIONS AND POWER TO SUBPOENA. (a) INVESTIGATIONS.—The Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this title, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this title or any order or regulation issued under this title. (b) SUBPOENAS, OATHS, AND AFFIRMATIONS. — (1) INVESTIGATIONS.— For the purpose of conducting an investigation under subsection (a), the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The production of the records may be required from any place in the United States. (2) ADMINISTRATIVE HEARINGS.—For the purpose of an administrative hearing held under section 1207(a)(2) or 1208(c)(3), the presiding officer may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of the records may be required from any place in the United States. (c) AID OF COURTS. — (1) IN GENERAL.—In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b). (2) ORDER. —The court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1). (3) FAILURE TO OBEY.— Any failure to obey the order of the court may be punished by the court as a contempt of court. (4) PROCESS. —Process in any proceeding under this subsection may be served in the United States judicial district

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