POWERS OF COMMISSION; HEARINGS AND SESSIONS.

SEC. 2554. POWERS OF COMMISSION; HEARINGS AND SESSIONS. (a) In General.— The Commission may, for the purposes of carrying out this subtitle, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Witnesses; Administration of Oaths.— (1) In general.— Subject to paragraph (2) and, in the case of a subpoena, to subsection (c), the Commission may call witnesses and administer oaths or affirmations to witnesses appearing before the Commission. (2) Coordination of certain testimony and evidence.— (A) In any case where the Commission intends to call a witness or receive evidence (including a witness or evidence to be subpoened in accordance with subsection (c)) to provide testimony concerning a specific savings and loan association or the role of any person in connection therewith, the Commission shall, in writing not less than 21 days prior to the taking of such testimony or receiving such evidence, provide the Attorney General, the Director of the Office of Thrift Supervision, and the Chairperson of the Federal Deposit Insurance Corporation and the Resolution Trust Corporation with— (i) the name of the savings and loan association involved; (ii) the date and location of the testimony or the receipt of evidence; and (iii) as appropriate, the name of the witness and a specific identification of the subject matter about which such witness is to testify or provide evidence, or the specific nature of the evidence to be received. (B) If the Attorney General, the Director of the Office of Thrift Supervision, or the Chairperson of the Federal Deposit Insurance Corporation and the Resolution Trust Corporation determines that taking such testimony or receiving such evi-104 STAT. 4891dence (including witnesses or evidence to be subpoened in accordance with subsection (c)) would impair, impede, or compromise the investigation, prosecution, or adjudication of a criminal, civil, or administrative matter or proceeding, the Attorney General, the Director, or the Chairperson shall promptly notify the Commission of that determination. (C) The Commission shall decide whether to proceed to call a witness or to receive evidence after considering any determination under subparagraph (B)— (i) on the basis of the Commission’s determination that taking such testimony or receiving such evidence is specifically necessary to carry out the duties of the Commission; and (ii) upon an affirmative vote of not fewer than 5 members of the Commission (or not fewer than 6 members of the Commission in the case of a witness or evidence to be subpoened). (D) The Commission shall notify the official who made the determination under subparagraph (B) of the Commission’s determination under subparagraph (C). (c) Subpoena Power.— (1) Administrative aspects of subpoena.— (A) Attendance or production at designated site.— The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (B) Fees and travel expenses.— Persons served with a subpoena under this subsection shall be paid the same fees and mileage for travel within the United States that are paid witnesses in Federal courts. (C) No liability for other expenses.— The Commission and the United States shall not be liable for any expense, other than an expense described in subparagraph (B), incurred in connection with the production of any evidence under this subsection. (2) Failure to obey a subpoena.— (A) Application to court.— If a person refuses to obey a subpoena issued under this subsection, the Commission may apply to a district court of the United States for an order requiring that person to appear before the Commission to give testimony or produce evidence, as the case may be, relating to the matter under investigation. (B) Jurisdiction of court.— The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. (C) Failure to comply with order.— Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.— The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.— All process of any court to which application is to be made under paragraph (3) may be served in the judicial district in which the person required to be served resides or may be found. 104 STAT. 4892 (d) Mails.— The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Interim Report.— Not later than 60 days after the date of the enactment of this Act, the Commission may submit a report to the Congress concerning the ability of the Commission to obtain information and evidence necessary to carry out its duties under this subtitle and including such recommendations concerning additional authority as the Commission deems appropriate. (f) Administrative Support Services.— Upon the request of the Commission, the Administrator of General Services shall provide to the Commission administrative support services on a reimbursable basis. (g) Powers of Members and Agents.— Except for actions that require a vote of the Commission, any member or agent authorized by the Commission may take any action the Commission may take.